[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4986 Enrolled Bill (ENR)]

H.R.4986

One Hundred Tenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight

An Act

To provide for the enactment of the National Defense Authorization Act
for Fiscal Year 2008, as previously enrolled, with certain modifications
to address the foreign sovereign immunities provisions of title 28,
United States Code, with respect to the attachment of property in
certain judgments against Iraq, the lapse of statutory authorities for
the payment of bonuses, special pays, and similar benefits for members
of the uniformed services, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT.

(a) Short Title.--This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2008''.
(b) Explanatory Statement.--The Joint Explanatory Statement
submitted by the Committee of Conference for the conference report to
accompany H.R. 1585 of the 110th Congress (Report 110-477) shall be
deemed to be part of the legislative history of this Act and shall have
the same effect with respect to the implementation of this Act as it
would have had with respect to the implementation of H.R. 1585, if such
bill had been enacted.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; treatment of explanatory statement.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.

Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for M1A2 Abrams System
Enhancement Package upgrades.
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting
vehicle upgrades.
Sec. 113. Multiyear procurement authority for conversion of CH-47D
helicopters to CH-47F configuration.
Sec. 114. Multiyear procurement authority for CH-47F helicopters.
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter
Information Network-Tactical program pending certification to
Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System
production line pending report.
Sec. 117. Stryker Mobile Gun System.

Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for Virginia-class submarine
program.
Sec. 122. Report on shipbuilding investment strategy.
Sec. 123. Sense of Congress on the preservation of a skilled United
States shipyard workforce.
Sec. 124. Assessments required prior to start of construction on first
ship of a shipbuilding program.
Sec. 125. Littoral Combat Ship (LCS) program.

Subtitle D--Air Force Programs

Sec. 131. Limitation on Joint Cargo Aircraft.
Sec. 132. Clarification of limitation on retirement of U-2 aircraft.
Sec. 133. Repeal of requirement to maintain retired C-130E tactical
aircraft.
Sec. 134. Limitation on retirement of C-130E/H tactical airlift
aircraft.
Sec. 135. Limitation on retirement of KC-135E aerial refueling aircraft.
Sec. 136. Transfer to Government of Iraq of three C-130E tactical
airlift aircraft.
Sec. 137. Modification of limitations on retirement of B-52 bomber
aircraft.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Operational test and evaluation of Future Combat Systems
network.
Sec. 212. Limitation on use of funds for systems development and
demonstration of Joint Light Tactical Vehicle program.
Sec. 213. Requirement to obligate and expend funds for development and
procurement of a competitive propulsion system for the Joint
Strike Fighter.
Sec. 214. Limitation on use of funds for defense-wide manufacturing
science and technology program.
Sec. 215. Advanced Sensor Applications Program.
Sec. 216. Active protection systems.

Subtitle C--Ballistic Missile Defense

Sec. 221. Participation of Director, Operational Test and Evaluation, in
missile defense test and evaluation activities.
Sec. 222. Study on future roles and missions of the Missile Defense
Agency.
Sec. 223. Budget and acquisition requirements for Missile Defense Agency
activities.
Sec. 224. Limitation on use of funds for replacing warhead on SM-3 Block
IIA missile.
Sec. 225. Extension of Comptroller General assessments of ballistic
missile defense programs.
Sec. 226. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in Europe.
Sec. 227. Sense of Congress on missile defense cooperation with Israel.
Sec. 228. Limitation on availability of funds for deployment of missile
defense interceptors in Alaska.
Sec. 229. Policy of the United States on protection of the United States
and its allies against Iranian ballistic missiles.

Subtitle D--Other Matters

Sec. 231. Coordination of human systems integration activities related
to acquisition programs.
Sec. 232. Expansion of authority for provision of laboratory facilities,
services, and equipment.
Sec. 233. Modification of cost-sharing requirement for Technology
Transition Initiative.
Sec. 234. Report on implementation of Manufacturing Technology Program.
Sec. 235. Assessment of sufficiency of test and evaluation personnel.
Sec. 236. Repeal of requirement for separate reports on technology area
review and assessment summaries.
Sec. 237. Modification of notice and wait requirement for obligation of
funds for foreign comparative test program.
Sec. 238. Strategic Plan for the Manufacturing Technology Program.
Sec. 239. Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research with
similar Federal programs.
Sec. 240. Enhancement of defense nanotechnology research and development
program.
Sec. 241. Federally funded research and development center assessment of
the Defense Experimental Program to Stimulate Competitive
Research.
Sec. 242. Cost-benefit analysis of proposed funding reduction for High
Energy Laser Systems Test Facility.
Sec. 243. Prompt global strike.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Environmental Provisions

Sec. 311. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund Site,
Moses Lake, Washington.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Arctic Surplus Superfund Site,
Fairbanks, Alaska.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalties in connection with Jackson Park Housing Complex,
Washington.
Sec. 314. Report on control of the brown tree snake.
Sec. 315. Notification of certain residents and civilian employees at
Camp Lejeune, North Carolina, of exposure to drinking water
contamination.

Subtitle C--Workplace and Depot Issues

Sec. 321. Availability of funds in Defense Information Systems Agency
Working Capital Fund for technology upgrades to Defense
Information Systems Network.
Sec. 322. Modification to public-private competition requirements before
conversion to contractor performance.
Sec. 323. Public-private competition at end of period specified in
performance agreement not required.
Sec. 324. Guidelines on insourcing new and contracted out functions.
Sec. 325. Restriction on Office of Management and Budget influence over
Department of Defense public-private competitions.
Sec. 326. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 327. Public-private competition required before conversion to
contractor performance.
Sec. 328. Extension of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities.
Sec. 329. Reauthorization and modification of multi-trades demonstration
project.
Sec. 330. Pilot program for availability of working-capital funds to
Army for certain product improvements.

Subtitle D--Extension of Program Authorities

Sec. 341. Extension of Arsenal Support Program Initiative.
Sec. 342. Extension of period for reimbursement for helmet pads
purchased by members of the Armed Forces deployed in
contingency operations.
Sec. 343. Extension of temporary authority for contract performance of
security guard functions.

Subtitle E--Reports

Sec. 351. Reports on National Guard readiness for emergencies and major
disasters.
Sec. 352. Annual report on prepositioned materiel and equipment.
Sec. 353. Report on incremental cost of early 2007 enhanced deployment.
Sec. 354. Modification of requirements of Comptroller General report on
the readiness of Army and Marine Corps ground forces.
Sec. 355. Plan to improve readiness of ground forces of active and
reserve components.
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.
Sec. 357. Department of Defense Inspector General report on physical
security of Department of Defense installations.
Sec. 358. Review of high-altitude aviation training.
Sec. 359. Reports on safety measures and encroachment issues and master
plan for Warren Grove Gunnery Range, New Jersey.
Sec. 360. Report on search and rescue capabilities of the Air Force in
the northwestern United States.
Sec. 361. Report and master infrastructure recapitalization plan for
Cheyenne Mountain Air Station, Colorado.

Subtitle F--Other Matters

Sec. 371. Enhancement of corrosion control and prevention functions
within Department of Defense.
Sec. 372. Authority for Department of Defense to provide support for
certain sporting events.
Sec. 373. Authority to impose reasonable restrictions on payment of full
replacement value for lost or damaged personal property
transported at Government expense.
Sec. 374. Priority transportation on Department of Defense aircraft of
retired members residing in Commonwealths and possessions of
the United States for certain health care services.
Sec. 375. Recovery of missing military property.
Sec. 376. Retention of combat uniforms by members of the Armed Forces
deployed in support of contingency operations.
Sec. 377. Issue of serviceable material of the Navy other than to Armed
Forces.
Sec. 378. Reauthorization of Aviation Insurance Program.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps
active duty end strengths for fiscal years 2009 and 2010.
Sec. 404. Increase in authorized strengths for Army officers on active
duty in the grade of major.
Sec. 405. Increase in authorized strengths for Navy officers on active
duty in the grades of lieutenant commander, commander, and
captain.
Sec. 406. Increase in authorized daily average of number of members in
pay grade E-9.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2008 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Future authorizations and accounting for certain reserve
component personnel authorized to be on active duty or full-
time National Guard duty to provide operational support.
Sec. 417. Revision of variances authorized for Selected Reserve end
strengths.

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Assignment of officers to designated positions of importance
and responsibility.
Sec. 502. Enhanced authority for Reserve general and flag officers to
serve on active duty.
Sec. 503. Increase in years of commissioned service threshold for
discharge of probationary officers and for use of force
shaping authority.
Sec. 504. Mandatory retirement age for active-duty general and flag
officers continued on active duty.
Sec. 505. Authority for reduced mandatory service obligation for initial
appointments of officers in critically short health
professional specialties.
Sec. 506. Expansion of authority for reenlistment of officers in their
former enlisted grade.
Sec. 507. Increase in authorized number of permanent professors at the
United States Military Academy.
Sec. 508. Promotion of career military professors of the Navy.

Subtitle B--Reserve Component Management

Sec. 511. Retention of military technicians who lose dual status in the
Selected Reserve due to combat-related disability.
Sec. 512. Constructive service credit upon original appointment of
Reserve officers in certain health care professions.
Sec. 513. Mandatory separation of Reserve officers in the grade of
lieutenant general or vice admiral after completion of 38
years of commissioned service.
Sec. 514. Maximum period of temporary Federal recognition of person as
Army National Guard officer or Air National Guard officer.
Sec. 515. Advance notice to members of reserve components of deployment
in support of contingency operations.
Sec. 516. Report on relief from professional licensure and certification
requirements for reserve component members on long-term active
duty.

Subtitle C--Education and Training

Sec. 521. Revisions to authority to pay tuition for off-duty training or
education.
Sec. 522. Reduction or elimination of service obligation in an Army
Reserve or Army National Guard troop program unit for certain
persons selected as medical students at Uniformed Services
University of the Health Sciences.
Sec. 523. Repeal of annual limit on number of ROTC scholarships under
Army Reserve and Army National Guard financial assistance
program.
Sec. 524. Treatment of prior active service of members in uniformed
medical accession programs.
Sec. 525. Repeal of post-2007-2008 academic year prohibition on phased
increase in cadet strength limit at the United States Military
Academy.
Sec. 526. National Defense University master's degree programs.
Sec. 527. Authority of the Air University to confer degree of master of
science in flight test engineering.
Sec. 528. Enhancement of education benefits for certain members of
reserve components.
Sec. 529. Extension of period of entitlement to educational assistance
for certain members of the Selected Reserve affected by force
shaping initiatives.
Sec. 530. Time limit for use of educational assistance benefit for
certain members of reserve components and resumption of
benefit.
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-
granting authorities of certain military universities and
educational institutions.
Sec. 532. Report on success of Army National Guard and Reserve Senior
Reserve Officers' Training Corps financial assistance program.
Sec. 533. Report on utilization of tuition assistance by members of the
Armed Forces.
Sec. 534. Navy Junior Reserve Officers' Training Corps unit for
Southold, Mattituck, and Greenport High Schools.
Sec. 535. Report on transfer of administration of certain educational
assistance programs for members of the reserve components.

Subtitle D--Military Justice and Legal Assistance Matters

Sec. 541. Authority to designate civilian employees of the Federal
Government and dependents of deceased members as eligible for
legal assistance from Department of Defense legal staff
resources.
Sec. 542. Authority of judges of the United States Court of Appeals for
the Armed Forces to administer oaths.
Sec. 543. Modification of authorities on senior members of the Judge
Advocate Generals' Corps.
Sec. 544. Prohibition against members of the Armed Forces participating
in criminal street gangs.

Subtitle E--Military Leave

Sec. 551. Temporary enhancement of carryover of accumulated leave for
members of the Armed Forces.
Sec. 552. Enhancement of rest and recuperation leave.

Subtitle F--Decorations and Awards

Sec. 561. Authorization and request for award of Medal of Honor to
Leslie H. Sabo, Jr., for acts of valor during the Vietnam War.
Sec. 562. Authorization and request for award of Medal of Honor to Henry
Svehla for acts of valor during the Korean War.
Sec. 563. Authorization and request for award of Medal of Honor to
Woodrow W. Keeble for acts of valor during the Korean War.
Sec. 564. Authorization and request for award of Medal of Honor to
Private Philip G. Shadrach for acts of valor as one of
Andrews' Raiders during the Civil War.
Sec. 565. Authorization and request for award of Medal of Honor to
Private George D. Wilson for acts of valor as one of Andrews'
Raiders during the Civil War.

Subtitle G--Impact Aid and Defense Dependents Education System

Sec. 571. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. Inclusion of dependents of non-Department of Defense employees
employed on Federal property in plan relating to force
structure changes, relocation of military units, or base
closures and realignments.
Sec. 574. Payment of private boarding school tuition for military
dependents in overseas areas not served by defense dependents'
education system schools.

Subtitle H--Military Families

Sec. 581. Department of Defense Military Family Readiness Council and
policy and plans for military family readiness.
Sec. 582. Yellow Ribbon Reintegration Program.
Sec. 583. Study to enhance and improve support services and programs for
families of members of regular and reserve components
undergoing deployment.
Sec. 584. Protection of child custody arrangements for parents who are
members of the Armed Forces deployed in support of a
contingency operation.
Sec. 585. Family leave in connection with injured members of the Armed
Forces.
Sec. 586. Family care plans and deferment of deployment of single parent
or dual military couples with minor dependents.
Sec. 587. Education and treatment services for military dependent
children with autism.
Sec. 588. Commendation of efforts of Project Compassion in paying
tribute to members of the Armed Forces who have fallen in the
service of the United States.

Subtitle I--Other Matters

Sec. 590. Uniform performance policies for military bands and other
musical units.
Sec. 591. Transportation of remains of deceased members of the Armed
Forces and certain other persons.
Sec. 592. Expansion of number of academies supportable in any State
under STARBASE program.
Sec. 593. Gift acceptance authority.
Sec. 594. Conduct by members of the Armed Forces and veterans out of
uniform during hoisting, lowering, or passing of United States
flag.
Sec. 595. Annual report on cases reviewed by National Committee for
Employer Support of the Guard and Reserve.
Sec. 596. Modification of Certificate of Release or Discharge from
Active Duty (DD Form 214).
Sec. 597. Reports on administrative separations of members of the Armed
Forces for personality disorder.
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War.
Sec. 599. Recognition of members of the Monuments, Fine Arts, and
Archives program of the Civil Affairs and Military Government
Sections of the Armed Forces during and following World War
II.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Basic allowance for housing for reserve component members
without dependents who attend accession training while
maintaining a primary residence.
Sec. 603. Extension and enhancement of authority for temporary lodging
expenses for members of the Armed Forces in areas subject to
major disaster declaration or for installations experiencing
sudden increase in personnel levels.
Sec. 604. Income replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service.
Sec. 605. Midmonth payment of basic pay for contributions of members of
the uniformed services participating in Thrift Savings Plan.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 610. Correction of lapsed authorities for payment of bonuses,
special pays, and similar benefits for members of the
uniformed services.
Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 615. Increase in incentive special pay and multiyear retention
bonus for medical officers.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Increase in maximum monthly rate of hardship duty pay and
authority to provide hardship duty pay in a lump sum.
Sec. 618. Definition of sea duty for career sea pay to include service
as off-cycle crewmembers of multi-crew ships.
Sec. 619. Reenlistment bonus for members of the Selected Reserve.
Sec. 620. Availability of Selected Reserve accession bonus for persons
who previously served in the Armed Forces for a short period.
Sec. 621. Availability of nuclear officer continuation pay for officers
with more than 26 years of commissioned service.
Sec. 622. Waiver of years-of-service limitation on receipt of critical
skills retention bonus.
Sec. 623. Accession bonus for participants in the Armed Forces Health
Professions Scholarship and Financial Assistance Program.
Sec. 624. Payment of assignment incentive pay for Reserve members
serving in combat zone for more than 22 months.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Payment of inactive duty training travel costs for certain
Selected Reserve members.
Sec. 632. Survivors of deceased members eligible for transportation to
attend burial ceremonies.
Sec. 633. Allowance for participation of Reserves in electronic
screening.
Sec. 634. Allowance for civilian clothing for members of the Armed
Forces traveling in connection with medical evacuation.
Sec. 635. Payment of moving expenses for Junior Reserve Officers'
Training Corps instructors in hard-to-fill positions.

Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Expansion of combat-related special compensation eligibility.
Sec. 642. Inclusion of veterans with service-connected disabilities
rated as total by reason of unemployability under termination
of phase-in of concurrent receipt of retired pay and veterans'
disability compensation.
Sec. 643. Recoupment of annuity amounts previously paid, but subject to
offset for dependency and indemnity compensation.
Sec. 644. Special survivor indemnity allowance for persons affected by
required Survivor Benefit Plan annuity offset for dependency
and indemnity compensation.
Sec. 645. Modification of authority of members of the Armed Forces to
designate recipients for payment of death gratuity.
Sec. 646. Clarification of application of retired pay multiplier
percentage to members of the uniformed services with over 30
years of service.
Sec. 647. Commencement of receipt of non-regular service retired pay by
members of the Ready Reserve on active Federal status or
active duty for significant periods.
Sec. 648. Computation of years of service for purposes of retired pay
for non-regular service.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

Sec. 651. Authority to continue commissary and exchange benefits for
certain involuntarily separated members of the Armed Forces.
Sec. 652. Authorization of installment deductions from pay of employees
of nonappropriated fund instrumentalities to collect
indebtedness to the United States.

Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities

Sec. 661. Consolidation of special pay, incentive pay, and bonus
authorities of the uniformed services.
Sec. 662. Transitional provisions.

Subtitle G--Other Matters

Sec. 671. Referral bonus authorities.
Sec. 672. Expansion of education loan repayment program for members of
the Selected Reserve.
Sec. 673. Ensuring entry into United States after time abroad for
permanent resident alien military spouses and children.
Sec. 674. Overseas naturalization for military spouses and children.
Sec. 675. Modification of amount of back pay for members of Navy and
Marine Corps selected for promotion while interned as
prisoners of war during World War II to take into account
changes in Consumer Price Index.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Military Health Benefits

Sec. 701. One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program.
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal
procurement of pharmaceuticals.
Sec. 704. Stipend for members of reserve components for health care for
certain dependents.
Sec. 705. Authority for expansion of persons eligible for continued
health benefits coverage.
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for
certain members of the Selected Reserve.
Sec. 707. Extension of pilot program for health care delivery.
Sec. 708. Inclusion of mental health care in definition of health care
and report on mental health care services.

Subtitle B--Studies and Reports

Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE
Extra.
Sec. 712. Report on training in preservation of remains under combat or
combat-related conditions.
Sec. 713. Report on patient satisfaction surveys.
Sec. 714. Report on medical physical examinations of members of the
Armed Forces before their deployment.
Sec. 715. Report and study on multiple vaccinations of members of the
Armed Forces.
Sec. 716. Review of gender- and ethnic group-specific mental health
services and treatment for members of the Armed Forces.
Sec. 717. Licensed mental health counselors and the TRICARE program.
Sec. 718. Report on funding of the Department of Defense for health
care.

Subtitle C--Other Matters

Sec. 721. Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 722. Establishment of Joint Pathology Center.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Sec. 800. Short title.

Subtitle A--Acquisition Policy and Management

Sec. 801. Internal controls for procurements on behalf of the Department
of Defense by certain non-Defense agencies.
Sec. 802. Lead systems integrators.
Sec. 803. Reinvestment in domestic sources of strategic materials.
Sec. 804. Clarification of the protection of strategic materials
critical to national security.
Sec. 805. Procurement of commercial services.
Sec. 806. Specification of amounts requested for procurement of contract
services.
Sec. 807. Inventories and reviews of contracts for services.
Sec. 808. Independent management reviews of contracts for services.
Sec. 809. Implementation and enforcement of requirements applicable to
undefinitized contractual actions.
Sec. 810. Clarification of limited acquisition authority for Special
Operations Command.

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

Sec. 811. Requirements applicable to multiyear contracts for the
procurement of major systems of the Department of Defense.
Sec. 812. Changes to Milestone B certifications.
Sec. 813. Comptroller General report on Department of Defense
organization and structure for major defense acquisition
programs.
Sec. 814. Clarification of submission of cost or pricing data on
noncommercial modifications of commercial items.
Sec. 815. Clarification of rules regarding the procurement of commercial
items.
Sec. 816. Review of systemic deficiencies on major defense acquisition
programs.
Sec. 817. Investment strategy for major defense acquisition programs.
Sec. 818. Report on implementation of recommendations on total ownership
cost for major weapon systems.

Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations

Sec. 821. Plan for restricting Government-unique contract clauses on
commercial contracts.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Five-year extension of authority to carry out certain
prototype projects.
Sec. 824. Exemption of Special Operations Command from certain
requirements for certain contracts relating to vessels,
aircraft, and combat vehicles.
Sec. 825. Provision of authority to maintain equipment to unified
combatant command for joint warfighting.
Sec. 826. Market research.
Sec. 827. Modification of competition requirements for purchases from
Federal Prison Industries.
Sec. 828. Multiyear contract authority for electricity from renewable
energy sources.
Sec. 829. Procurement of fire resistant rayon fiber for the production
of uniforms from foreign sources.
Sec. 830. Comptroller General review of noncompetitive awards of
congressional and executive branch interest items.

Subtitle D--Accountability in Contracting

Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan.
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts
and contracting processes in Iraq and Afghanistan.
Sec. 843. Enhanced competition requirements for task and delivery order
contracts.
Sec. 844. Public disclosure of justification and approval documents for
noncompetitive contracts.
Sec. 845. Disclosure of Government contractor audit findings.
Sec. 846. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 847. Requirements for senior Department of Defense officials
seeking employment with defense contractors.
Sec. 848. Report on contractor ethics programs of Major Defense
contractors.
Sec. 849. Contingency contracting training for personnel outside the
acquisition workforce and evaluations of Army Commission
recommendations.

Subtitle E--Acquisition Workforce Provisions

Sec. 851. Requirement for section on defense acquisition workforce in
strategic human capital plan.
Sec. 852. Department of Defense Acquisition Workforce Development Fund.
Sec. 853. Extension of authority to fill shortage category positions for
certain Federal acquisition positions.
Sec. 854. Repeal of sunset of acquisition workforce training fund.
Sec. 855. Federal acquisition workforce improvements.

Subtitle F--Contracts in Iraq and Afghanistan

Sec. 861. Memorandum of understanding on matters relating to
contracting.
Sec. 862. Contractors performing private security functions in areas of
combat operations.
Sec. 863. Comptroller General reviews and reports on contracting in Iraq
and Afghanistan.
Sec. 864. Definitions and other general provisions.

Subtitle G--Defense Materiel Readiness Board

Sec. 871. Establishment of Defense Materiel Readiness Board.
Sec. 872. Critical materiel readiness shortfalls.

Subtitle H--Other Matters

Sec. 881. Clearinghouse for rapid identification and dissemination of
commercial information technologies.
Sec. 882. Authority to license certain military designations and
likenesses of weapons systems to toy and hobby manufacturers.
Sec. 883. Modifications to limitation on contracts to acquire military
flight simulator.
Sec. 884. Requirements relating to waivers of certain domestic source
limitations relating to specialty metals.
Sec. 885. Telephone services for military personnel serving in combat
zones.
Sec. 886. Enhanced authority to acquire products and services produced
in Iraq and Afghanistan.
Sec. 887. Defense Science Board review of Department of Defense policies
and procedures for the acquisition of information technology.
Sec. 888. Green procurement policy.
Sec. 889. Comptroller General review of use of authority under the
Defense Production Act of 1950.
Sec. 890. Prevention of export control violations.
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and
Alaska Native-serving institutions.
Sec. 892. Competition for procurement of small arms supplied to Iraq and
Afghanistan.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Repeal of limitation on major Department of Defense
headquarters activities personnel and related report.
Sec. 902. Flexibility to adjust the number of deputy chiefs and
assistant chiefs.
Sec. 903. Change in eligibility requirements for appointment to
Department of Defense leadership positions.
Sec. 904. Management of the Department of Defense.
Sec. 905. Revision in guidance relating to combatant command acquisition
authority.
Sec. 906. Department of Defense Board of Actuaries.
Sec. 907. Modification of background requirement of individuals
appointed as Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 908. Assistant Secretaries of the military departments for
acquisition matters; principal military deputies.
Sec. 909. Sense of Congress on term of Office of the Director of
Operational Test and Evaluation.

Subtitle B--Space Activities

Sec. 911. Space protection strategy.
Sec. 912. Biennial report on management of space cadre within the
Department of Defense.
Sec. 913. Additional report on oversight of acquisition for defense
space programs.

Subtitle C--Chemical Demilitarization Program

Sec. 921. Chemical demilitarization citizens advisory commissions.
Sec. 922. Sense of Congress on completion of destruction of United
States chemical weapons stockpile.
Sec. 923. Repeal of certain qualifications requirement for director of
chemical demilitarization management organization.
Sec. 924. Modification of termination of assistance to State and local
governments after completion of the destruction of the United
States chemical weapons stockpile.

Subtitle D--Intelligence-Related Matters

Sec. 931. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.

Subtitle E--Roles and Missions Analysis

Sec. 941. Requirement for quadrennial roles and missions review.
Sec. 942. Joint Requirements Oversight Council additional duties
relating to core mission areas.
Sec. 943. Requirement for certification of major systems prior to
technology development.
Sec. 944. Presentation of future-years mission budget by core mission
area.

Subtitle F--Other Matters

Sec. 951. Department of Defense consideration of effect of climate
change on Department facilities, capabilities, and missions.
Sec. 952. Interagency policy coordination.
Sec. 953. Expansion of employment creditable under service agreements
under National Security Education Program.
Sec. 954. Board of Regents for the Uniformed Services University of the
Health Sciences.
Sec. 955. Establishment of Department of Defense School of Nursing.
Sec. 956. Inclusion of commanders of Western Hemisphere combatant
commands in Board of Visitors of Western Hemisphere Institute
for Security Cooperation.
Sec. 957. Comptroller General assessment of reorganization of the Office
of the Under Secretary of Defense for Policy.
Sec. 958. Report on foreign language proficiency.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in
fiscal year 2008.
Sec. 1003. Authorization of additional emergency supplemental
appropriations for fiscal year 2007.
Sec. 1004. Modification of fiscal year 2007 general transfer authority.
Sec. 1005. Financial management transformation initiative for the
Defense Agencies.
Sec. 1006. Repeal of requirement for two-year budget cycle for the
Department of Defense.

Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Limitation on leasing of vessels.
Sec. 1012. Policy relating to major combatant vessels of the strike
forces of the United States Navy.

Subtitle C--Counter-Drug Activities

Sec. 1021. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1022. Expansion of authority to provide additional support for
counter-drug activities in certain foreign countries.
Sec. 1023. Report on counternarcotics assistance for the Government of
Haiti.

Subtitle D--Miscellaneous Authorities and Limitations

Sec. 1031. Provision of Air Force support and services to foreign
military and state aircraft.
Sec. 1032. Department of Defense participation in Strategic Airlift
Capability Partnership.
Sec. 1033. Improved authority to provide rewards for assistance in
combating terrorism.
Sec. 1034. Support for non-Federal development and testing of material
for chemical agent defense.
Sec. 1035. Prohibition on sale of F-14 fighter aircraft and related
parts.

Subtitle E--Reports

Sec. 1041. Extension and modification of report relating to hardened and
deeply buried targets.
Sec. 1042. Report on joint modeling and simulation activities.
Sec. 1043. Renewal of submittal of plans for prompt global strike
capability.
Sec. 1044. Report on workforce required to support the nuclear missions
of the Navy and the Department of Energy.
Sec. 1045. Comptroller General report on Defense Finance and Accounting
Service response to Butterbaugh v. Department of Justice.
Sec. 1046. Study on size and mix of airlift force.
Sec. 1047. Report on feasibility of establishing a domestic military
aviation national training center.
Sec. 1048. Limited field user evaluations for combat helmet pad
suspension systems.
Sec. 1049. Study on national security interagency system.
Sec. 1050. Report on solid rocket motor industrial base.
Sec. 1051. Reports on establishment of a memorial for members of the
Armed Forces who died in the air crash in Bakers Creek,
Australia, and establishment of other memorials in Arlington
National Cemetery.

Subtitle F--Other Matters

Sec. 1061. Reimbursement for National Guard support provided to Federal
agencies.
Sec. 1062. Congressional Commission on the Strategic Posture of the
United States.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Repeal of certification requirement.
Sec. 1065. Maintenance of capability for space-based nuclear detection.
Sec. 1066. Sense of Congress regarding detainees at Naval Station,
Guantanamo Bay, Cuba.
Sec. 1067. A report on transferring individuals detained at Naval
Station, Guantanamo Bay, Cuba.
Sec. 1068. Repeal of provisions in section 1076 of Public Law 109-364
relating to use of Armed Forces in major public emergencies.
Sec. 1069. Standards required for entry to military installations in
United States.
Sec. 1070. Revised nuclear posture review.
Sec. 1071. Termination of Commission on the Implementation of the New
Strategic Posture of the United States.
Sec. 1072. Security clearances; limitations.
Sec. 1073. Improvements in the process for the issuance of security
clearances.
Sec. 1074. Protection of certain individuals.
Sec. 1075. Modification of authorities on Commission to Assess the
Threat to the United States from Electromagnetic Pulse Attack.
Sec. 1076. Sense of Congress on Small Business Innovation Research
Program.
Sec. 1077. Revision of proficiency flying definition.
Sec. 1078. Qualifications for public aircraft status of aircraft under
contract with the Armed Forces.
Sec. 1079. Communications with the Committees on Armed Services of the
Senate and the House of Representatives.
Sec. 1080. Retention of reimbursement for provision of reciprocal fire
protection services.
Sec. 1081. Pilot program on commercial fee-for-service air refueling
support for the Air Force.
Sec. 1082. Advisory panel on Department of Defense capabilities for
support of civil authorities after certain incidents.
Sec. 1083. Terrorism exception to immunity.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Extension of authority to waive annual limitation on total
compensation paid to Federal civilian employees working
overseas under areas of United States Central Command.
Sec. 1102. Continuation of life insurance coverage for Federal employees
called to active duty.
Sec. 1103. Transportation of dependents, household effects, and personal
property to former home following death of Federal employee
where death resulted from disease or injury incurred in the
Central Command area of responsibility.
Sec. 1104. Special benefits for civilian employees assigned on
deployment temporary change of station.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Requirement for full implementation of personnel
demonstration project.
Sec. 1108. Authority for inclusion of certain Office of Defense Research
and Engineering positions in experimental personnel program
for scientific and technical personnel.
Sec. 1109. Pilot program for the temporary assignment of information
technology personnel to private sector organizations.
Sec. 1110. Compensation for Federal wage system employees for certain
travel hours.
Sec. 1111. Travel compensation for wage grade personnel.
Sec. 1112. Accumulation of annual leave by senior level employees.
Sec. 1113. Uniform allowances for civilian employees.
Sec. 1114. Flexibility in setting pay for employees who move from a
Department of Defense or Coast Guard nonappropriated fund
instrumentality position to a position in the General Schedule
pay system.
Sec. 1115. Retirement service credit for service as cadet or midshipman
at a military service academy.
Sec. 1116. Authorization for increased compensation for faculty and
staff of the Uniformed Services University of the Health
Sciences.
Sec. 1117. Report on establishment of a scholarship program for civilian
mental health professionals.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Military-to-military contacts and comparable activities.
Sec. 1202. Authority for support of military operations to combat
terrorism.
Sec. 1203. Medical care and temporary duty travel expenses for liaison
officers of certain foreign nations.
Sec. 1204. Extension and expansion of Department of Defense authority to
participate in multinational military centers of excellence.
Sec. 1205. Reauthorization of Commanders' Emergency Response Program.
Sec. 1206. Authority to build the capacity of the Pakistan Frontier
Corps.
Sec. 1207. Authority to equip and train foreign personnel to assist in
accounting for missing United States Government personnel.
Sec. 1208. Authority to provide automatic identification system data on
maritime shipping to foreign countries and international
organizations.
Sec. 1209. Report on foreign-assistance related programs carried out by
the Department of Defense.
Sec. 1210. Extension and enhancement of authority for security and
stabilization assistance.
Sec. 1211. Government Accountability Office report on Global Peace
Operations Initiative.
Sec. 1212. Repeal of limitations on military assistance under the
American Servicemembers' Protection Act of 2002.

Subtitle B--Matters Relating to Iraq and Afghanistan

Sec. 1221. Modification of authorities relating to the Office of the
Special Inspector General for Iraq Reconstruction.
Sec. 1222. Limitation on availability of funds for certain purposes
relating to Iraq.
Sec. 1223. Report on United States policy and military operations in
Iraq.
Sec. 1224. Report on a comprehensive set of performance indicators and
measures for progress toward military and political stability
in Iraq.
Sec. 1225. Report on support from Iran for attacks against coalition
forces in Iraq.
Sec. 1226. Sense of Congress on the consequences of a failed state in
Iraq.
Sec. 1227. Sense of Congress on federalism in Iraq.
Sec. 1228. Tracking and monitoring of defense articles provided to the
Government of Iraq and other individuals and groups in Iraq.
Sec. 1229. Special Inspector General for Afghanistan Reconstruction.
Sec. 1230. Report on progress toward security and stability in
Afghanistan.
Sec. 1231. United States plan for sustaining the Afghanistan National
Security Forces.
Sec. 1232. Report on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1233. Reimbursement of certain coalition nations for support
provided to United States military operations.
Sec. 1234. Logistical support for coalition forces supporting operations
in Iraq and Afghanistan.

Subtitle C--Iraq Refugee Crisis

Sec. 1241. Short title.
Sec. 1242. Processing mechanisms.
Sec. 1243. United States refugee program processing priorities.
Sec. 1244. Special immigrant status for certain Iraqis.
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally
Displaced Persons.
Sec. 1246. Countries with significant populations of Iraqi refugees.
Sec. 1247. Motion to reopen denial or termination of asylum.
Sec. 1248. Reports.
Sec. 1249. Authorization of appropriations.

Subtitle D--Other Authorities and Limitations

Sec. 1251. Cooperative opportunities documents under cooperative
research and development agreements with NATO organizations
and other allied and friendly foreign countries.
Sec. 1252. Extension and expansion of temporary authority to use
acquisition and cross-servicing agreements to lend military
equipment for personnel protection and survivability.
Sec. 1253. Acceptance of funds from the Government of Palau for costs of
United States military Civic Action Team in Palau.
Sec. 1254. Repeal of requirement relating to North Korea.
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda.
Sec. 1256. Extension of Counterproliferation Program Review Committee.
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for
Security Cooperation.
Sec. 1258. Sense of Congress on Iran.

Subtitle E--Reports

Sec. 1261. One-year extension of update on report on claims relating to
the bombing of the Labelle Discotheque.
Sec. 1262. Report on United States policy toward Darfur, Sudan.
Sec. 1263. Inclusion of information on asymmetric capabilities in annual
report on military power of the People's Republic of China.
Sec. 1264. Report on application of the Uniform Code of Military Justice
to civilians accompanying the Armed Forces during a time of
declared war or contingency operation.
Sec. 1265. Report on family reunions between United States citizens and
their relatives in North Korea.
Sec. 1266. Reports on prevention of mass atrocities.
Sec. 1267. Report on threats to the United States from ungoverned areas.

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Specification of Cooperative Threat Reduction programs in
states outside the former Soviet Union.
Sec. 1304. Repeal of restrictions on assistance to states of the former
Soviet Union for Cooperative Threat Reduction.
Sec. 1305. Modification of authority to use Cooperative Threat Reduction
funds outside the former Soviet Union.
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program.
Sec. 1307. Report relating to chemical weapons destruction at
Shchuch'ye, Russia.
Sec. 1308. National Academy of Sciences study of prevention of
proliferation of biological weapons.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.

Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Sec. 1413. Disposal of ferromanganese.
Sec. 1414. Disposal of chrome metal.

Subtitle C--Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1422. Administration and oversight of the Armed Forces Retirement
Home.

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Working capital funds.
Sec. 1510. Other Department of Defense programs.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Strategic Readiness Fund.
Sec. 1516. Treatment as additional authorizations.
Sec. 1517. Special transfer authority.

TITLE XVI--WOUNDED WARRIOR MATTERS

Sec. 1601. Short title.
Sec. 1602. General definitions.
Sec. 1603. Consideration of gender-specific needs of recovering service
members and veterans.

Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members

Sec. 1611. Comprehensive policy on improvements to care, management, and
transition of recovering service members.
Sec. 1612. Medical evaluations and physical disability evaluations of
recovering service members.
Sec. 1613. Return of recovering service members to active duty in the
Armed Forces.
Sec. 1614. Transition of recovering service members from care and
treatment through the Department of Defense to care,
treatment, and rehabilitation through the Department of
Veterans Affairs.
Sec. 1615. Reports.
Sec. 1616. Establishment of a wounded warrior resource center.
Sec. 1617. Notification to Congress of hospitalization of combat wounded
service members.
Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on, traumatic
brain injury, post-traumatic stress disorder, and other mental
health conditions in members of the Armed Forces.

Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries

Sec. 1621. Center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of traumatic brain
injury.
Sec. 1622. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of post-traumatic stress
disorder and other mental health conditions.
Sec. 1623. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of military eye injuries.
Sec. 1624. Report on establishment of centers of excellence.

Subtitle C--Health Care Matters

Sec. 1631. Medical care and other benefits for members and former
members of the Armed Forces with severe injuries or illnesses.
Sec. 1632. Reimbursement of travel expenses of retired members with
combat-related disabilities for follow-on specialty care,
services, and supplies.
Sec. 1633. Respite care and other extended care benefits for members of
the uniformed services who incur a serious injury or illness
on active duty.
Sec. 1634. Reports.
Sec. 1635. Fully interoperable electronic personal health information
for the Department of Defense and Department of Veterans
Affairs.
Sec. 1636. Enhanced personnel authorities for the Department of Defense
for health care professionals for care and treatment of
wounded and injured members of the Armed Forces.
Sec. 1637. Continuation of transitional health benefits for members of
the Armed Forces pending resolution of service-related medical
conditions.

Subtitle D--Disability Matters

Sec. 1641. Utilization of veterans' presumption of sound condition in
establishing eligibility of members of the Armed Forces for
retirement for disability.
Sec. 1642. Requirements and limitations on Department of Defense
determinations of disability with respect to members of the
Armed Forces.
Sec. 1643. Review of separation of members of the Armed Forces separated
from service with a disability rating of 20 percent disabled
or less.
Sec. 1644. Authorization of pilot programs to improve the disability
evaluation system for members of the Armed Forces.
Sec. 1645. Reports on Army action plan in response to deficiencies in
the Army physical disability evaluation system.
Sec. 1646. Enhancement of disability severance pay for members of the
Armed Forces.
Sec. 1647. Assessments of continuing utility and future role of
temporary disability retired list.
Sec. 1648. Standards for military medical treatment facilities,
specialty medical care facilities, and military quarters
housing patients and annual report on such facilities.
Sec. 1649. Reports on Army Medical Action Plan in response to
deficiencies identified at Walter Reed Army Medical Center,
District of Columbia.
Sec. 1650. Required certifications in connection with closure of Walter
Reed Army Medical Center, District of Columbia.
Sec. 1651. Handbook for members of the Armed Forces on compensation and
benefits available for serious injuries and illnesses.

Subtitle E--Studies and Reports

Sec. 1661. Study on physical and mental health and other readjustment
needs of members and former members of the Armed Forces who
deployed in Operation Iraqi Freedom and Operation Enduring
Freedom and their families.
Sec. 1662. Access of recovering service members to adequate outpatient
residential facilities.
Sec. 1663. Study and report on support services for families of
recovering service members.
Sec. 1664. Report on traumatic brain injury classifications.
Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned
Officer program.

Subtitle F--Other Matters

Sec. 1671. Prohibition on transfer of resources from medical care.
Sec. 1672. Medical care for families of members of the Armed Forces
recovering from serious injuries or illnesses.
Sec. 1673. Improvement of medical tracking system for members of the
Armed Forces deployed overseas.
Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center,
District of Columbia.
Sec. 1675. Use of leave transfer program by wounded veterans who are
Federal employees.
Sec. 1676. Moratorium on conversion to contractor performance of
Department of Defense functions at military medical
facilities.

TITLE XVII--VETERANS MATTERS

Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts
in the rehabilitation and reintegration of veterans with
traumatic brain injury.
Sec. 1702. Individual rehabilitation and community reintegration plans
for veterans and others with traumatic brain injury.
Sec. 1703. Use of non-Department of Veterans Affairs facilities for
implementation of rehabilitation and community reintegration
plans for traumatic brain injury.
Sec. 1704. Research, education, and clinical care program on traumatic
brain injury.
Sec. 1705. Pilot program on assisted living services for veterans with
traumatic brain injury.
Sec. 1706. Provision of age-appropriate nursing home care.
Sec. 1707. Extension of period of eligibility for health care for
veterans of combat service during certain periods of
hostilities and war.
Sec. 1708. Service-connection and assessments for mental health
conditions in veterans.
Sec. 1709. Modification of requirements for furnishing outpatient dental
services to veterans with service-connected dental conditions
or disabilities.
Sec. 1710. Clarification of purpose of outreach services program of
Department of Veterans Affairs.
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic
Servicemembers' Group Life Insurance.

TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS

Sec. 1801. Short title.

Subtitle A--National Guard Bureau

Sec. 1811. Appointment, grade, duties, and retirement of the Chief of
the National Guard Bureau.
Sec. 1812. Establishment of National Guard Bureau as joint activity of
the Department of Defense.
Sec. 1813. Enhancement of functions of the National Guard Bureau.
Sec. 1814. Requirement for Secretary of Defense to prepare plan for
response to natural disasters and terrorist events.
Sec. 1815. Determination of Department of Defense civil support
requirements.

Subtitle B--Additional Reserve Component Enhancement

Sec. 1821. United States Northern Command.
Sec. 1822. Council of Governors.
Sec. 1823. Plan for Reserve Forces Policy Board.
Sec. 1824. High-level positions authorized or required to be held by
reserve component general or flag officers.
Sec. 1825. Retirement age and years of service limitations on certain
reserve general and flag officers.
Sec. 1826. Additional reporting requirements relating to National Guard
equipment.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.

TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army
projects for which funds were not appropriated.
Sec. 2106. Technical amendments to Military Construction Authorization
Act for Fiscal Year 2007.
Sec. 2107. Modification of authority to carry out certain fiscal year
2006 project.
Sec. 2108. Extension of authorization of certain fiscal year 2005
project.
Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral,
Florida.

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy
projects for which funds were not appropriated.
Sec. 2206. Modification of authority to carry out certain fiscal year
2005 project.
Sec. 2207. Repeal of authorization for construction of Navy Outlying
Landing Field, Washington County, North Carolina.

TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air
Force projects for which funds were not appropriated.
Sec. 2306. Modification of authority to carry out certain fiscal year
2006 projects.
Sec. 2307. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2308. Extension of authorizations of certain fiscal year 2004
projects.

TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Termination or modification of authority to carry out certain
fiscal year 2007 Defense Agencies projects.
Sec. 2405. Munitions demilitarization facilities, Blue Grass Army Depot,
Kentucky, and Pueblo Chemical Activity, Colorado.
Sec. 2406. Extension of authorizations of certain fiscal year 2005
projects.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard
and Reserve projects for which funds were not appropriated.
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air
Force Reserve construction and acquisition projects.
Sec. 2609. Extension of authorizations of certain fiscal year 2005
projects.
Sec. 2610. Extension of authorizations of certain fiscal year 2004
projects.

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Sec. 2701. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through Department of Defense
Base Closure Account 2005.
Sec. 2704. Authorized cost and scope of work variations for military
construction and military family housing projects related to
base closures and realignments.
Sec. 2705. Transfer of funds from Department of Defense Base Closure
Account 2005 to Department of Defense Housing Funds.
Sec. 2706. Comprehensive accounting of funding required to ensure timely
implementation of 2005 Defense Base Closure and Realignment
Commission recommendations.
Sec. 2707. Relocation of units from Roberts United States Army Reserve
Center and Navy-Marine Corps Reserve Center, Baton Rouge,
Louisiana.
Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part
of the realignment of the installation.
Sec. 2709. Report on availability of traffic infrastructure and
facilities to support base realignment.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Sec. 2801. Authority to use operation and maintenance funds for
construction projects outside the United States.
Sec. 2802. Clarification of requirement for authorization of military
construction.
Sec. 2803. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2804. Temporary authority to support revitalization of Department
of Defense laboratories through unspecified minor military
construction projects.
Sec. 2805. Extension of authority to accept equalization payments for
facility exchanges.
Sec. 2806. Modifications of authority to lease military family housing.
Sec. 2807. Expansion of authority to exchange reserve component
facilities.
Sec. 2808. Limitation on use of alternative authority for acquisition
and improvement of military housing for privatization of
temporary lodging facilities.
Sec. 2809. Two-year extension of temporary program to use minor military
construction authority for construction of child development
centers.
Sec. 2810. Report on housing privatization initiatives.

Subtitle B--Real Property and Facilities Administration

Sec. 2821. Requirement to report real property transactions resulting in
annual costs of more than $750,000.
Sec. 2822. Continued consolidation of real property provisions without
substantive change.
Sec. 2823. Modification of authority to lease non-excess property of the
military departments.
Sec. 2824. Cooperative agreement authority for management of cultural
resources on certain sites outside military installations.
Sec. 2825. Agreements to limit encroachments and other constraints on
military training, testing, and operations.
Sec. 2826. Expansion to all military departments of Army pilot program
for purchase of certain municipal services for military
installations.
Sec. 2827. Prohibition on commercial flights into Selfridge Air National
Guard Base.
Sec. 2828. Sense of Congress on Department of Defense actions to protect
installations, ranges, and military airspace from
encroachment.
Sec. 2829. Reports on Army and Marine Corps operational ranges.
Sec. 2830. Niagara Air Reserve Base, New York, basing report.
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado.

Subtitle C--Land Conveyances

Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp
Pendleton, California.
Sec. 2842. Grant of easement, Eglin Air Force Base, Florida.
Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2844. Modification of lease of property, National Flight Academy at
the National Museum of Naval Aviation, Naval Air Station,
Pensacola, Florida.
Sec. 2845. Land exchange, Detroit, Michigan.
Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse
Ile, Michigan.
Sec. 2847. Modification to land conveyance authority, Fort Bragg, North
Carolina.
Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve
Center, Bismarck, North Dakota.
Sec. 2849. Land exchange, Fort Hood, Texas.

Subtitle D--Energy Security

Sec. 2861. Repeal of congressional notification requirement regarding
cancellation ceiling for Department of Defense energy savings
performance contracts.
Sec. 2862. Definition of alternative fueled vehicle.
Sec. 2863. Use of energy efficient lighting fixtures and bulbs in
Department of Defense facilities.
Sec. 2864. Reporting requirements relating to renewable energy use by
Department of Defense to meet Department electricity needs.

Subtitle E--Other Matters

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to
Department of the Air Force.
Sec. 2873. Report on plans to replace the monument at the Tomb of the
Unknowns at Arlington National Cemetery, Virginia.
Sec. 2874. Increased authority for repair, restoration, and preservation
of Lafayette Escadrille Memorial, Marnes-la-Coquette, France.
Sec. 2875. Addition of Woonsocket local protection project.
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto
Rico.
Sec. 2877. Establishment of national military working dog teams monument
on suitable military installation.
Sec. 2878. Report required prior to removal of missiles from 564th
Missile Squadron.
Sec. 2879. Report on condition of schools under jurisdiction of
Department of Defense Education Activity.
Sec. 2880. Report on facilities and operations of Darnall Army Medical
Center, Fort Hood Military Reservation, Texas.
Sec. 2881. Report on feasibility of establishing a regional disaster
response center at Kelly Air Field, San Antonio, Texas.
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor
of the Honorable Joel Hefley, a former member of the United
States House of Representatives.
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock
Island, Illinois, in honor of the Honorable Lane Evans, a
former member of the United States House of Representatives.
Sec. 2884. Naming of research laboratory at Air Force Rome Research
Site, Rome, New York, in honor of the Honorable Sherwood L.
Boehlert, a former member of the United States House of
Representatives.
Sec. 2885. Naming of administration building at Joint Systems
Manufacturing Center, Lima, Ohio, in honor of the Honorable
Michael G. Oxley, a former member of the United States House
of Representatives.
Sec. 2886. Naming of Logistics Automation Training Facility, Army
Quartermaster Center and School, Fort Lee, Virginia, in honor
of General Richard H. Thompson.
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade,
Maryland.

TITLE XXIX--WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005 and
related authorization of appropriations.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Nuclear test readiness.
Sec. 3113. Modification of reporting requirement.
Sec. 3114. Limitation on availability of funds for Fissile Materials
Disposition program.
Sec. 3115. Modification of limitations on availability of funds for
Waste Treatment and Immobilization Plant.
Sec. 3116. Modification of sunset date of the Office of the Ombudsman of
the Energy Employees Occupational Illness Compensation
Program.
Sec. 3117. Technical amendments.

Subtitle C--Other Matters

Sec. 3121. Study on using existing pits for the Reliable Replacement
Warhead program.
Sec. 3122. Report on retirement and dismantlement of nuclear warheads.
Sec. 3123. Plan for addressing security risks posed to nuclear weapons
complex.
Sec. 3124. Department of Energy protective forces.
Sec. 3125. Evaluation of National Nuclear Security Administration
strategic plan for advanced computing.
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of
the United States and the Reliable Replacement Warhead
program.
Sec. 3127. Department of Energy report on plan to strengthen and expand
International Radiological Threat Reduction program.
Sec. 3128. Department of Energy report on plan to strengthen and expand
Materials Protection, Control, and Accounting program.
Sec. 3129. Agreements and reports on nuclear forensics capabilities.
Sec. 3130. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and challenges
posed by the legacy of the Cold War.

Subtitle D--Nuclear Terrorism Prevention

Sec. 3131. Definitions.
Sec. 3132. Sense of Congress on the prevention of nuclear terrorism.
Sec. 3133. Minimum security standard for nuclear weapons and formula
quantities of strategic special nuclear material.
Sec. 3134. Annual report.

TITLE XXXII--WAR-RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION
AUTHORIZATIONS

Sec. 3201. Additional war-related authorization of appropriations for
National Nuclear Security Administration.

TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3301. Authorization.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.
Sec. 3402. Remedial action at Moab uranium milling site.

TITLE XXXV--MARITIME ADMINISTRATION

Subtitle A--Maritime Administration Reauthorization

Sec. 3501. Authorization of appropriations for fiscal year 2008.
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to
Navy for disposal.
Sec. 3503. Vessel disposal program.

Subtitle B--Programs

Sec. 3511. Commercial vessel chartering authority.
Sec. 3512. Maritime Administration vessel chartering authority.
Sec. 3513. Chartering to State and local governmental instrumentalities.
Sec. 3514. Disposal of obsolete Government vessels.
Sec. 3515. Vessel transfer authority.
Sec. 3516. Sea trials for Ready Reserve Force.
Sec. 3517. Review of applications for loans and guarantees.

Subtitle C--Technical Corrections

Sec. 3521. Personal injury to or death of seamen.
Sec. 3522. Amendments to Chapter 537 based on Public Law 109-163.
Sec. 3523. Additional amendments based on Public Law 109-163.
Sec. 3524. Amendments based on Public Law 109-171.
Sec. 3525. Amendments based on Public Law 109-241.
Sec. 3526. Amendments based on Public Law 109-364.
Sec. 3527. Miscellaneous amendments.
Sec. 3528. Application of sunset provision to codified provision.
Sec. 3529. Additional technical corrections.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.

Subtitle B--Army Programs

Subtitle C--Navy Programs

Subtitle D--Air Force Programs

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year 2008
for procurement for the Army as follows:
(1) For aircraft, $4,168,798,000.
(2) For missiles, $1,911,979,000.
(3) For weapons and tracked combat vehicles, $3,007,489,000.
(4) For ammunition, $2,214,576,000.
(5) For other procurement, $12,451,312,000.
(6) For the Joint Improvised Explosive Device Defeat Fund,
$228,000,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2008 for procurement for the Navy as follows:
(1) For aircraft, $12,432,644,000.
(2) For weapons, including missiles and torpedoes,
$3,068,187,000.
(3) For shipbuilding and conversion, $13,596,120,000.
(4) For other procurement, $5,209,330,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2008 for procurement for the Marine Corps in the amount
of $2,299,419,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2008 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $1,058,832,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year 2008
for procurement for the Air Force as follows:
(1) For aircraft, $12,117,800,000.
(2) For ammunition, $854,167,000.
(3) For missiles, $4,984,102,000.
(4) For other procurement, $15,405,832,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal year 2008
for Defense-wide procurement in the amount of $3,280,435,000.

SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

Funds are hereby authorized to be appropriated for fiscal year 2008
for the procurement of aircraft, missiles, wheeled and tracked combat
vehicles, tactical wheeled vehicles, ammunition, other weapons, and
other procurement for the reserve components of the Armed Forces in the
amount of $980,000,000.

Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS SYSTEM
ENHANCEMENT PACKAGE UPGRADES.

The Secretary of the Army, in accordance with section 2306b of
title 10, United States Code, may enter into a multiyear contract,
beginning with the fiscal year 2008 program year, for procurement of
M1A2 Abrams System Enhancement Package upgrades.

SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3/M3A3 BRADLEY
FIGHTING VEHICLE UPGRADES.

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION OF CH-47D
HELICOPTERS TO CH-47F CONFIGURATION.

The Secretary of the Army may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear contract,
beginning with the fiscal year 2008 program year, for conversion of CH-
47D helicopters to the CH-47F configuration.

SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH-47F HELICOPTERS.

SEC. 115. LIMITATION ON USE OF FUNDS FOR INCREMENT 1 OF THE WARFIGHTER
INFORMATION NETWORK-TACTICAL PROGRAM PENDING
CERTIFICATION TO CONGRESS.

(a) Funding Restricted.--Of the amounts appropriated pursuant to an
authorization of appropriations for fiscal year 2008 or otherwise made
available for Other Procurement, Army, that are available for Increment
1 of the Warfighter Information Network-Tactical program, not more than
50 percent may be obligated or expended until the Director of
Operational Test and Evaluation submits to the congressional defense
committees a certification, in writing, that the Director of
Operational Test and Evaluation has approved a Test and Evaluation
Master Plan and Initial Operational Test Plan for Increment 1 of the
Warfighter Information Network-Tactical program.
(b) Increment 1 Defined.--For the purposes of this section,
Increment 1 of the Warfighter Information Network-Tactical program
includes all program elements described as constituting ``Increment 1''
in the memorandum titled ``Warfighter Information Network-Tactical
(WIN-T) Program Acquisition Decision Memorandum'', dated June 5, 2007,
and signed by the Under Secretary of Defense for Acquisition,
Technology, and Logistics.

SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL MISSILE SYSTEM
PRODUCTION LINE PENDING REPORT.

(a) Prohibition.--Amounts appropriated pursuant to the
authorization of appropriations in section 101(2) for missiles, Army,
and in section 1502(4) for missile procurement, Army, and any other
appropriated funds available to the Secretary of the Army may not be
used to close the production line for the Army Tactical Missile System
program until after the date on which the Secretary of the Army submits
to the congressional defense committees a report that contains--
(1) the certification of the Secretary that the long range
surface-to-surface strike and counter battery mission of the Army
can be adequately performed by other Army weapons systems or by
other elements of the Armed Forces; and
(2) a plan to mitigate any shortfalls in the industrial base
that would be created by the closure of the production line.
(b) Submission of Report.--The report referred to in subsection (a)
is required not later than April 1, 2008.

SEC. 117. STRYKER MOBILE GUN SYSTEM.

(a) Limitation on Availability of Funds.--None of the amounts
authorized to be appropriated by sections 101(3) and 1501(3) for
procurement of weapons and tracked combat vehicles for the Army may be
obligated or expended for purposes of the procurement of the Stryker
Mobile Gun System until 30 days after the date on which the Secretary
of the Army certifies to Congress that the Stryker Mobile Gun System is
operationally effective, suitable, and survivable for its anticipated
deployment missions.
(b) Waiver.--The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary--
(1) determines that further procurement of the Stryker Mobile
Gun System utilizing amounts referred to in subsection (a) is in
the national security interest of the United States notwithstanding
the inability of the Secretary of the Army to make the
certification required by that subsection; and
(2) submits to the Congress, in writing, a notification of the
waiver together with a discussion of--
(A) the reasons for the determination described in
paragraph (1); and
(B) the actions that will be taken to mitigate any
deficiencies that cause the Stryker Mobile Gun System not to be
operationally effective, suitable, or survivable, as that case
may be, as described in subsection (a).

Subtitle C--Navy Programs

SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA-CLASS SUBMARINE
PROGRAM.

(a) Authority.--The Secretary of the Navy may, in accordance with
section 2306b of title 10, United States Code, enter into multiyear
contracts, beginning with the fiscal year 2009 program year, for the
procurement of Virginia-class submarines and Government-furnished
equipment associated with the Virginia-class submarine program.
(b) Limitation.--The Secretary may not enter into a contract
authorized by subsection (a) until--
(1) the Secretary submits to the congressional defense
committees a certification that the Secretary has made, with
respect to that contract, each of the findings required by
subsection (a) of section 2306b of title 10, United States Code;
and
(2) a period of 30 days has elapsed after the date of the
transmission of such certification.

SEC. 122. REPORT ON SHIPBUILDING INVESTMENT STRATEGY.

(a) Study Required.--The Secretary of the Navy shall provide for a
study to determine the effectiveness of current financing mechanisms
for providing incentives for contractors to make shipbuilding capital
expenditures, and to assess potential capital expenditure incentives
that would lead to ship construction or life-cycle cost savings to the
Federal Government. The study shall examine--
(1) potential improvements in design tools and techniques,
material management, technology insertion, systems integration and
testing, and other key processes and functions that would lead to
reduced construction costs;
(2) construction process improvements that would reduce
procurement and life-cycle costs of the vessels under construction
at the contractor's facilities; and
(3) incentives for investment in shipyard infrastructure that
support construction process improvements.
(b) Report.--Not later than October 1, 2008, the Secretary of the
Navy shall submit to the congressional defense committees a report
providing the results of the study under subsection (a). The report
shall include each of the following:
(1) An assessment of the shipbuilding industrial base, as
measured by a 10-year history for major shipbuilders with respect
to--
(A) estimated value of shipbuilding facilities;
(B) critical shipbuilding capabilities;
(C) capital expenditures;
(D) major investments in process improvements; and
(E) costs for related Navy shipbuilding projects.
(2) A description of mechanisms available to the Government and
industry to finance facilities and process improvements,
including--
(A) contract incentive and award fees;
(B) facilities capital cost of money;
(C) facilities depreciation;
(D) progress payment provisions;
(E) other contract terms and conditions;
(F) State and Federal tax provisions and tax incentives;
(G) the National Shipbuilding Research Program; and
(H) any other mechanisms available.
(3) A summary of potential shipbuilding investments that offer
greatest reduction to shipbuilding costs, including, for each such
investment--
(A) a project description;
(B) an estimate of required investment;
(C) the estimated return on investment; and
(D) alternatives for financing the investment.
(4) The Navy's strategy for providing incentives for
contractors' capital expenditures that would lead to ship
construction or life-cycle savings to the Federal Government,
including identification of any specific changes in legislative
authority that would be required for the Secretary to execute this
strategy.
(c) Utilization of Other Studies and Outside Experts.--The study
shall build upon the results of the 2005 and 2006 Global Shipbuilding
Industrial Base Benchmarking studies. Financial analysis associated
with the report shall be conducted in consultation with financial
experts independent of the Department of Defense.

SEC. 123. SENSE OF CONGRESS ON THE PRESERVATION OF A SKILLED UNITED
STATES SHIPYARD WORKFORCE.

(a) Sense of Congress.--It is the sense of Congress that the
preservation of a robust domestic skilled workforce is required for the
national shipbuilding infrastructure and particularly essential to the
construction of ships for the United States Navy.
(b) Study Required.--
(1) In general.--The Secretary of the Navy shall determine, on
a one-time, non-recurring basis, and in consultation with the
Department of Labor, the average number of H2B visa workers
employed by the major shipbuilders in the construction of United
States Navy ships during the calendar year ending December 31,
2007. The study shall also identify the number of workers
petitioned by the major shipbuilders for use in calendar year 2008,
as of the first quarter of calendar year 2008.
(2) Report.--Not later than April 1, 2008, the Secretary of the
Navy shall submit to the congressional defense committees a report
containing the results of the study required by subsection (b).
(3) Definitions.--In this paragraph--
(A) the term ``major shipbuilder'' means a prime contractor
or a first-tier subcontractor responsible for delivery of
combatant and support vessels required for the naval vessel
force, as reported within the annual naval vessel construction
plan required by section 231 of title 10, United States Code;
and
(B) the term ``H2B visa'' means a non-immigrant visa
program that permits employers to hire foreign workers to come
temporarily to the United States and perform temporary non-
agricultural services or labor on a one-time, seasonal,
peakload, or intermittent basis.

SEC. 124. ASSESSMENTS REQUIRED PRIOR TO START OF CONSTRUCTION ON FIRST
SHIP OF A SHIPBUILDING PROGRAM.

(a) In General.--Concurrent with approving the start of
construction of the first ship for any major shipbuilding program, the
Secretary of the Navy shall--
(1) submit a report to the congressional defense committees on
the results of any production readiness review; and
(2) certify to the congressional defense committees that the
findings of any such review support commencement of construction.
(b) Report.--The report required by subsection (a)(1) shall
include, at a minimum, an assessment of each of the following:
(1) The maturity of the ship's design, as measured by stability
of the ship contract specifications and the degree of completion of
detail design and production design drawings.
(2) The maturity of developmental command and control systems,
weapon and sensor systems, and hull, mechanical and electrical
systems.
(3) The readiness of the shipyard facilities and workforce to
begin construction.
(4) The Navy's estimated cost at completion and the adequacy of
the budget to support the estimate.
(5) The Navy's estimated delivery date and description of any
variance to the contract delivery date.
(6) The extent to which adequate processes and metrics are in
place to measure and manage program risks.
(c) Applicability.--This section applies to each major shipbuilding
program beginning after the date of the enactment of this Act.
(d) Definitions.--For the purposes of subsection (a):
(1) Start of construction.--The term ``start of construction''
means the beginning of fabrication of the hull and superstructure
of the ship.
(2) First ship.--The term ``first ship'' applies to a ship if--
(A) the ship is the first ship to be constructed under that
shipbuilding program; or
(B) the shipyard at which the ship is to be constructed has
not previously started construction on a ship under that
shipbuilding program.
(3) Major shipbuilding program.--The term ``major shipbuilding
program'' means a program for the construction of combatant and
support vessels required for the naval vessel force, as reported
within the annual naval vessel construction plan required by
section 231 of title 10, United States Code.
(4) Production readiness review.--The term ``production
readiness review'' means a formal examination of a program prior to
the start of construction to determine if the design is ready for
production, production engineering problems have been resolved, and
the producer has accomplished adequate planning for the production
phase.

SEC. 125. LITTORAL COMBAT SHIP (LCS) PROGRAM.

Section 124 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3157) is amended by striking
subsections (a), (b), (c), and (d) and inserting the following:
``(a) Limitation of Costs.--
``(1) In general.--The total amount obligated or expended for
the procurement costs of post-2007 LCS vessels shall not exceed
$460,000,000 per vessel.
``(2) Procurement costs.--For purposes of this section,
procurement costs shall include all costs for plans, basic
construction, change orders, electronics, ordnance, contractor
support, and other costs associated with completion of production
drawings, ship construction, test, and delivery, including work
performed post-delivery that is required to meet original contract
requirements.
``(3) Post-2007 lcs vessels.--For purposes of this section, the
term `post-2007 LCS vessel' means a vessel in the Littoral Combat
Ship (LCS) class of vessels, the procurement of which is funded
from amounts appropriated pursuant to an authorization of
appropriations or otherwise made available for fiscal year 2008 or
any fiscal year thereafter.
``(b) Contract Type.--The Secretary of the Navy shall employ a
fixed-price type contract for construction of post-2007 LCS vessels.
``(c) Limitation of Government Liability.--The Secretary of the
Navy shall not enter into a contract, or modify a contract, for
construction or final delivery of post-2007 LCS vessels if the
limitation of the Government's cost liability, when added to the sum of
other budgeted procurement costs, would exceed $460,000,000 per vessel.
``(d) Adjustment of Limitation Amount.--The Secretary of the Navy
may adjust the amount set forth in subsections (a)(1) and (c) for
vessels referred to in such subsections by the following:
``(1) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or local
laws enacted after September 30, 2007.
``(2) The amounts of outfitting costs and costs required to
complete post-delivery test and trials.''.

Subtitle D--Air Force Programs

SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT.

No funds appropriated pursuant to an authorization of
appropriations or otherwise made available for procurement, or for
research, development, test, and evaluation, may be obligated or
expended for the Joint Cargo Aircraft until 30 days after the Secretary
of Defense submits to the congressional defense committees each of the
following:
(1) The Air Force Air Mobility Command's Airlift Mobility
Roadmap.
(2) The Department of Defense Intra-Theater Airlift
Capabilities Study.
(3) The Department of Defense Joint Intra-Theater Distribution
Assessment.
(4) The Joint Cargo Aircraft Functional Area Series Analysis.
(5) The Joint Cargo Aircraft Analysis of Alternatives.
(6) The Joint Intra-Theater Airlift Fleet Mix Analysis.
(7) The Secretary's certification that--
(A) there is, within the Department of the Army, Department
of the Air Force, Army National Guard, or Air National Guard, a
capability gap or shortfall with respect to intra-theater
airlift; and
(B) validated requirements exist to fill that gap or
shortfall through procurement of the Joint Cargo Aircraft.

SEC. 132. CLARIFICATION OF LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.

Section 133(b) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2112) is
amended--
(1) in paragraph (1)--
(A) by striking ``After fiscal year 2007'' and inserting
``For each fiscal year after fiscal year 2007''; and
(B) by inserting after ``Secretary of Defense'' the
following: ``, in that fiscal year,''; and
(2) in paragraph (2)--
(A) by inserting after ``Department of Defense'' the
following: ``in a fiscal year''; and
(B) by inserting after ``Congress'' the following: ``in
that fiscal year''.

SEC. 133. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED C-130E TACTICAL
AIRCRAFT.

(a) In General.--Effective as of the date specified in subsection
(b), section 137(b) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) is
repealed.
(b) Specified Date.--The date specified in this subsection is the
date that is 30 days after the date on which the Secretary of the Air
Force submits to the congressional defense committees the Fleet Mix
Analysis Study.

SEC. 134. LIMITATION ON RETIREMENT OF C-130E/H TACTICAL AIRLIFT
AIRCRAFT.

(a) General Prohibition.--The Secretary of the Air Force may not
retire C-130E/H tactical airlift aircraft during fiscal year 2008,
except as provided in subsection (b).
(b) Contingent Authority to Retire Certain C-130E Aircraft.--
Effective as of the date specified in subsection (d), subsection (a)
shall not apply to C-130E tactical airlift aircraft, and the number of
such aircraft retired by the Secretary of the Air Force during fiscal
year 2008 may not exceed 24.
(c) Treatment of Retired Aircraft.--The Secretary of the Air Force
shall maintain each C-130E tactical airlift aircraft that is retired
during fiscal year 2008 in a condition that would allow recall of that
aircraft to future service.
(d) Specified Date.--The date specified in this subsection is the
date that is 30 days after the date on which the Secretary of the Air
Force submits to the congressional defense committees the Fleet Mix
Analysis Study.

SEC. 135. LIMITATION ON RETIREMENT OF KC-135E AERIAL REFUELING
AIRCRAFT.

(a) Limitation on Retirement of More Than 48 Aircraft.--The
Secretary of the Air Force may not retire more than 48 KC-135E aerial
refueling aircraft of the Air Force during fiscal year 2008, except as
provided in subsection (b).
(b) Contingent Authority to Retire 37 Additional Aircraft.--
Effective as of the date specified in subsection (c), the number of
such aircraft retired by the Secretary of the Air Force during fiscal
year 2008 may not exceed 85.
(c) Specified Date.--The date specified in this subsection is the
date that is 15 days after the date on which the Secretary of the Air
Force submits to the congressional defense committees the Secretary's
certification that--
(1) the system design and development contract for the KC-X
program has been awarded; and
(2) if a protest is submitted pursuant to subchapter 5 of title
31, United States Code--
(A) the protest has been resolved in favor of the Federal
agency; or
(B) the Secretary has authorized performance of the
contract (notwithstanding the protest).

SEC. 136. TRANSFER TO GOVERNMENT OF IRAQ OF THREE C-130E TACTICAL
AIRLIFT AIRCRAFT.

The Secretary of the Air Force may transfer not more than 3 C-130E
tactical airlift aircraft, allowed to be retired under the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364), to the Government of Iraq.

SEC. 137. MODIFICATION OF LIMITATIONS ON RETIREMENT OF B-52 BOMBER
AIRCRAFT.

(a) Maintenance of Primary, Backup, and Attrition Reserve Inventory
of Aircraft.--Subsection (a) of section 131 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2111) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(C) shall maintain in a common capability configuration a
primary aircraft inventory of not less than 63 such aircraft, a
backup aircraft inventory of not less than 11 such aircraft,
and an attrition reserve aircraft inventory of not less than 2
such aircraft; and
``(D) shall not keep any such aircraft referred to in
subparagraph (C) in a status considered excess to the
requirements of the possessing command and awaiting disposition
instructions.''; and
(2) by adding at the end the following:
``(3) Definitions.--For purposes of paragraph (1):
``(A) The term `primary aircraft inventory' means aircraft
assigned to meet the primary aircraft authorization to--
``(i) a unit for the performance of its wartime
mission;
``(ii) a training unit primarily for technical and
specialized training for crew personnel or leading to
aircrew qualification;
``(iii) a test unit for testing of the aircraft or its
components for purposes of research, development, test and
evaluation, operational test and evaluation, or to support
testing programs; or
``(iv) meet requirements for special missions not
elsewhere classified.
``(B) The term `backup aircraft inventory' means aircraft
above the primary aircraft inventory to permit scheduled and
unscheduled depot level maintenance, modifications,
inspections, and repairs, and certain other mitigating
circumstances without reduction of aircraft available for the
assigned mission.
``(C) The term `attrition reserve aircraft inventory' means
aircraft required to replace anticipated losses of primary
aircraft inventory due to peacetime accidents or wartime
attrition.
``(4) Treatment of retired aircraft.--Of the aircraft retired
in accordance with paragraph (1)(A), the Secretary of the Air Force
may use not more than 2 such aircraft for maintenance ground
training.''.
(b) Notice of Retirement.--Subsection (b)(1) of such section is
amended by striking ``45 days'' and inserting ``60 days''.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Operational test and evaluation of Future Combat Systems
network.
Sec. 212. Limitation on use of funds for systems development and
demonstration of Joint Light Tactical Vehicle Program.
Sec. 213. Requirement to obligate and expend funds for development and
procurement of a competitive propulsion system for the Joint
Strike Fighter.
Sec. 214. Limitation on use of funds for defense-wide manufacturing
science and technology program.
Sec. 215. Advanced Sensor Applications Program.
Sec. 216. Active protection systems.

Subtitle C--Ballistic Missile Defense

Subtitle D--Other Matters

Sec. 231. Coordination of human systems integration activities related
to acquisition programs.
Sec. 232. Expansion of authority for provision of laboratory facilities,
services, and equipment.
Sec. 233. Modification of cost sharing requirement for Technology
Transition Initiative.
Sec. 234. Report on implementation of Manufacturing Technology Program.
Sec. 235. Assessment of sufficiency of test and evaluation personnel.
Sec. 236. Repeal of requirement for separate reports on technology area
review and assessment summaries.
Sec. 237. Modification of notice and wait requirement for obligation of
funds for foreign comparative test program.
Sec. 238. Strategic Plan for the Manufacturing Technology Program.
Sec. 239. Modification of authorities on coordination of Defense
Experimental Program to Stimulate Competitive Research with
similar Federal programs.
Sec. 240. Enhancement of defense nanotechnology research and development
program.
Sec. 241. Federally funded research and development center assessment of
the Defense Experimental Program to Stimulate Competitive
Research.
Sec. 242. Cost-benefit analysis of proposed funding reduction for High
Energy Laser Systems Test Facility.
Sec. 243. Prompt global strike.

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $10,840,392,000.
(2) For the Navy, $16,980,732,000.
(3) For the Air Force, $25,692,521,000.
(4) For Defense-wide activities, $20,213,900,000, of which
$180,264,000 is authorized for the Director of Operational Test and
Evaluation.

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

(a) Fiscal Year 2008.--Of the amounts authorized to be appropriated
by section 201, $10,913,944,000 shall be available for the Defense
Science and Technology Program, including basic research, applied
research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced Technology
Development Defined.--For purposes of this section, the term ``basic
research, applied research, and advanced technology development'' means
work funded in program elements for defense research and development
under Department of Defense budget activity 1, 2, or 3.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. OPERATIONAL TEST AND EVALUATION OF FUTURE COMBAT SYSTEMS
NETWORK.

(a) Operational Test and Evaluation Required.--The Secretary of the
Army, in cooperation with the Director, Operational Test and
Evaluation, shall complete an operational test and evaluation (as
defined in section 139(a)(2)(A) of title 10, United States Code), of
the FCS network in a realistic environment simulating operational
conditions. The operational test and evaluation shall--
(1) be conducted in accordance with a Future Combat Systems
Test and Evaluation Master Plan approved by the Director,
Operational Test and Evaluation;
(2) be conducted using prototype equipment, sensors, and
software for the FCS network;
(3) be conducted in a manner that simulates a full Future
Combat Systems brigade;
(4) be conducted, to the maximum extent possible, using actual
communications equipment instead of computer simulations;
(5) be conducted in a realistic operational electronic warfare
environment, including enemy electronic warfare and network
attacks; and
(6) include, to the maximum extent possible, all sensor
information feeds the FCS network is designed to incorporate.
(b) FCS Network Defined.--In this section, the term ``FCS network''
includes all sensors, information systems, computers, and
communications systems necessary to support Future Combat Systems
brigade operations.
(c) Report.--Not later than 120 days after completing the
operational test and evaluation required by subsection (a), the
Director, Operational Test and Evaluation shall submit to the
congressional defense committees a report on the outcome of the
operational test and evaluation. The report shall include, at a
minimum--
(1) an evaluation of the overall operational effectiveness of
the FCS network, including--
(A) an evaluation of the FCS network's capability to
transmit the volume and classes of data required by Future
Combat Systems approved requirements; and
(B) an evaluation of the FCS network's performance in a
degraded condition due to enemy network attack, sophisticated
enemy electronic warfare, adverse weather conditions, and
terrain variability;
(2) an evaluation of the FCS network's ability to improve
friendly force knowledge of the location and capability of enemy
forces and combat systems; and
(3) an evaluation of the overall operational suitability of the
FCS network.
(d) Limitation Pending Submission of Report.--
(1) In general.--No funds, with the exception of funds for
advanced procurement, appropriated pursuant to an authorization of
appropriations or otherwise made available to the Department of the
Army for any fiscal year may be obligated for low-rate initial
production or full-rate production of Future Combat Systems manned
ground vehicles until 60 days after the date on which the report is
submitted under subsection (c).
(2) Waiver authority.--The Secretary of Defense may waive the
limitation in paragraph (1) if the Secretary determines that such a
waiver is critical for national security. Such a waiver shall not
become effective until 45 days after the date on which the
Secretary submits to the congressional defense committees a written
notice of the waiver.
(3) Inapplicability to the non line of sight cannon vehicle.--
The limitation in paragraph (1) does not apply to the Non Line of
Sight Cannon vehicle.

SEC. 212. LIMITATION ON USE OF FUNDS FOR SYSTEMS DEVELOPMENT AND
DEMONSTRATION OF JOINT LIGHT TACTICAL VEHICLE PROGRAM.

Of the amounts appropriated pursuant to an authorization of
appropriations or otherwise made available for the Joint Light Tactical
Vehicle Program for the acquisition program phase of systems
development and demonstration for fiscal year 2008 or any fiscal year
thereafter, no more than 50 percent of those amounts may be obligated
or expended until after--
(1) the Under Secretary of Defense for Acquisition, Technology,
and Logistics, or the appropriate milestone decision authority,
makes the certification required by section 2366a of title 10,
United States Code, with respect to the Joint Light Tactical
Vehicle Program; and
(2) the certification has been received by the congressional
defense committees.

SEC. 213. REQUIREMENT TO OBLIGATE AND EXPEND FUNDS FOR DEVELOPMENT AND
PROCUREMENT OF A COMPETITIVE PROPULSION SYSTEM FOR THE
JOINT STRIKE FIGHTER.

Of the funds appropriated pursuant to an authorization of
appropriations or otherwise made available for fiscal year 2008 or any
year thereafter, for research, development, test, and evaluation and
procurement for the Joint Strike Fighter Program, the Secretary of
Defense shall ensure the obligation and expenditure in each such fiscal
year of sufficient annual amounts for the continued development and
procurement of 2 options for the propulsion system for the Joint Strike
Fighter in order to ensure the development and competitive production
for the propulsion system for the Joint Strike Fighter.

SEC. 214. LIMITATION ON USE OF FUNDS FOR DEFENSE-WIDE MANUFACTURING
SCIENCE AND TECHNOLOGY PROGRAM.

No funds available to the Office of the Secretary of Defense for
any fiscal year may be obligated or expended for the defense-wide
manufacturing science and technology program unless the Director,
Defense Research and Engineering, ensures each of the following:
(1) A component of the Department of Defense has requested and
evaluated--
(A) competitive proposals, for each project under the
program that is not a project covered by subparagraph (B); and
(B) proposals from as many sources as is practicable under
the circumstances, for a project under the program if the
disclosure of the needs of the Department of Defense with
respect to that project would compromise the national security.
(2) Each project under the program is carried out--
(A) in accordance with the statutory requirements of the
Manufacturing Technology Program established by section 2521 of
title 10, United States Code; and
(B) in compliance with all requirements of any directive
that applies to manufacturing technology.
(3) An implementation plan has been developed.

SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM.

(a) Transfer of Funds.--(1) Of the amount authorized to be
appropriated by section 201(3) for research, development, test, and
evaluation, Air Force activities, and made available for the activities
of the Intelligence Systems Support Office, an aggregate of $13,000,000
shall be transferred to the Advanced Sensor Applications Program not
later than 60 days after the date of the enactment of this Act.
(2) Of the amount authorized to be appropriated by section 301(2)
for operation and maintenance, Navy activities, and made available for
the activities of the Office of Naval Intelligence, an aggregate of
$5,000,000 shall be transferred to the Advanced Sensor Applications
Program not later than 60 days after the date of the enactment of this
Act.
(b) Assignment of Program.--Management of the program shall reside
within the office of the Under Secretary of Defense for Intelligence
until certain conditions specified in the classified annex to the
statement of managers accompanying this Act are met. The program shall
be executed by the Commander, Naval Air Systems Command in consultation
with the Program Executive Officer for Aviation for the Navy.

SEC. 216. ACTIVE PROTECTION SYSTEMS.

(a) Live-Fire Tests Required.--
(1) In general.--The Secretary of Defense shall undertake live-
fire tests, of appropriate foreign and domestic active protection
systems with size, weight, and power characteristics suitable for
protecting wheeled tactical vehicles, especially light wheeled
tactical vehicles, in order--
(A) to determine the effectiveness of such systems for
protecting wheeled tactical vehicles; and
(B) to develop information useful in the consideration of
the adoption of such systems in defense acquisition programs.
(2) Reports.--Not later than March 1 of each of 2008 and 2009,
the Secretary shall submit to the congressional defense committees
a report on the results of the tests undertaken under paragraph (1)
as of the date of such report.
(3) Funding.--The live-fire tests required by paragraph (1)
shall be conducted using funds authorized and appropriated for the
Joint Improvised Explosive Device Defeat Fund.
(b) Comprehensive Assessment Required.--
(1) In general.--The Secretary shall undertake a comprehensive
assessment of active protection systems in order to develop
information useful in the development of joint active protection
systems and other defense programs.
(2) Elements.--The assessment under paragraph (1) shall
include--
(A) an identification of the potential merits and
operational costs of the use of active protection systems by
United States military forces;
(B) a characterization of the threats that use of active
protection systems by potential adversaries would pose to
United States military forces and weapons;
(C) an identification and assessment of countermeasures to
active protection systems;
(D) an analysis of collateral damage potential of active
protection systems;
(E) an identification and assessment of emerging direct-
fire and top-attack threats to defense systems that could
potentially deploy active protection systems; and
(F) an identification and assessment of critical technology
elements of active protection systems.
(3) Report.--Not later than December 31, 2008, the Secretary
shall submit to the congressional defense committees a report on
the assessment under paragraph (1).

Subtitle C--Ballistic Missile Defense

SEC. 221. PARTICIPATION OF DIRECTOR, OPERATIONAL TEST AND EVALUATION,
IN MISSILE DEFENSE TEST AND EVALUATION ACTIVITIES.

Section 139 of title 10, United States Code, is amended--
(1) by redesignating subsections (f) through (j) as subsections
(g) through (k), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f)(1) The Director of the Missile Defense Agency shall make
available to the Director of Operational Test and Evaluation the
results of all tests and evaluations conducted by the Missile Defense
Agency and of all studies conducted by the Missile Defense Agency in
connection with tests and evaluations in the Missile Defense Agency.
``(2) The Director of Operational Test and Evaluation may require
that such observers as the Director designates be present during the
preparation for and the conducting of any test and evaluation conducted
by the Missile Defense Agency.
``(3) The Director of Operational Test and Evaluation shall have
access to all records and data in the Department of Defense (including
the records and data of the Missile Defense Agency) that the Director
considers necessary to review in order to carry out his duties under
this subsection.''.

SEC. 222. STUDY ON FUTURE ROLES AND MISSIONS OF THE MISSILE DEFENSE
AGENCY.

(a) In General.--The Secretary of Defense shall enter into an
agreement with 1 of the Federally Funded Research and Development
Centers under which the Center shall carry out an independent study to
examine, and make recommendations with respect to, the long-term
structure, roles, and missions of the Missile Defense Agency.
(b) Matters Included.--
(1) Review.--The study shall include a full review of the
structure, roles, and missions of the Missile Defense Agency.
(2) Assessments.--The study shall include an examination and
assessment of the current and future--
(A) structure, roles, and missions of the Missile Defense
Agency;
(B) relationship of the Missile Defense Agency with--
(i) the Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics;
(ii) the Office of the Under Secretary of Defense for
Policy;
(iii) the Director of Operational Test and Evaluation;
(iv) the Commander of the United States Strategic
Command and other combatant commanders;
(v) the Joint Requirements Oversight Council; and
(vi) the military departments;
(C) operations and sustainment of missile defenses;
(D) acquisition process for missile defense;
(E) requirements process for missile defense; and
(F) transition and transfer of missile defense capabilities
to the military departments.
(3) Recommendations.--The study shall include recommendations
as to how the Missile Defense Agency can be made more effective to
support the needs of the warfighter, especially with regard to
near-term missile defense capabilities. The study shall also
examine the full range of options for the future of the Missile
Defense Agency and shall include, but not be limited to, specific
recommendations as to whether--
(A) the Missile Defense Agency should be maintained in its
current configuration;
(B) the scope and nature of the Missile Defense Agency
should be changed from an organization focused on research and
development to an organization focused on combat support;
(C) any functions and responsibilities should be added to
the Missile Defense Agency, in part or in whole, from other
entities such as the United States Strategic Command and the
military departments; and
(D) any functions and responsibilities of the Missile
Defense Agency should be transferred, in part or in whole, to
other entities such as the United States Strategic Command and
the military departments.
(c) Cooperation From Government.--In carrying out the study, the
Federally Funded Research and Development Center shall receive the full
and timely cooperation of the Secretary of Defense and any other United
States Government official in providing the Center with analyses,
briefings, and other information necessary for the fulfillment of its
responsibilities.
(d) Report.--Not later than September 1, 2008, the Federally Funded
Research and Development Center shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on its findings, conclusions, and
recommendations.
(e) Funding.--Funds for the study shall be provided from amounts
appropriated for the Department of Defense.

SEC. 223. BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE DEFENSE
AGENCY ACTIVITIES.

(a) Revised Budget Structure.--The budget justification materials
submitted to Congress in support of the Department of Defense budget
for any fiscal year after fiscal year 2009 (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code) shall set forth separately amounts requested for the
Missile Defense Agency for each of the following:
(1) Research, development, test, and evaluation.
(2) Procurement.
(3) Operation and maintenance.
(4) Military construction.
(b) Revised Budget Structure for Fiscal Year 2009.--The budget
justification materials submitted to Congress in support of the
Department of Defense budget for fiscal year 2009 (as submitted with
the budget of the President under section 1105(a) of title 31, United
States Code) shall--
(1) identify all known and estimated operation and support
costs; and
(2) set forth separately amounts requested for the Missile
Defense Agency for each of the following:
(A) Research, development, test, and evaluation.
(B) Procurement or advance procurement of long lead items,
including for Terminal High Altitude Area Defense firing units
3 and 4, and for Standard Missile-3 Block 1A interceptors.
(C) Military construction.
(c) Availability of RDT&E Funds for Fiscal Year 2009.--Upon
approval by the Secretary of Defense, and consistent with the plan
submitted under subsection (f), funds appropriated pursuant to an
authorization of appropriations or otherwise made available for fiscal
year 2009 for research, development, test, and evaluation for the
Missile Defense Agency--
(1) may be used for the fielding of ballistic missile defense
capabilities approved previously by Congress; and
(2) may not be used for--
(A) military construction activities; or
(B) procurement or advance procurement of long lead items,
including for Terminal High Altitude Area Defense firing units
3 and 4, and for Standard Missile-3 Block 1A interceptors.
(d) Full Funding Requirement Not Applicable to Use of Procurement
Funds for Fiscal Years 2009 and 2010.--In any case in which funds
appropriated pursuant to an authorization of appropriations or
otherwise made available for procurement for the Missile Defense Agency
for fiscal years 2009 and 2010 are used for the fielding of ballistic
missile defense capabilities, the funds may be used for the fielding of
those capabilities on an ``incremental'' basis, notwithstanding any law
or policy of the Department of Defense that would otherwise require a
``full funding'' basis.
(e) Relationship to Other Law.--Nothing in this provision shall be
construed to alter or otherwise affect in any way the applicability of
the requirements and other provisions of section 234(a) through (d) of
the Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 1837; 10 U.S.C. 2431 note).
(f) Plan Required.--Not later than March 1, 2008, the Director of
the Missile Defense Agency shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a plan for transitioning the Missile Defense Agency
from using exclusively research, development, test, and evaluation
funds to using procurement, military construction, operations and
maintenance, and research, development, test, and evaluation funds for
the appropriate budget activities, and for transitioning from
incremental funding to full funding for fiscal years after fiscal year
2010.
(g) Objectives for Acquisition Activities.--
(1) In general.--Commencing as soon as practicable, but not
later than the submittal to Congress of the budget for the
President for fiscal year 2009 under section 1105(a) of title 31,
United States Code, the Missile Defense Agency shall take
appropriate actions to achieve the following objectives in its
acquisition activities:
(A) Improved transparency.
(B) Improved accountability.
(C) Enhanced oversight.
(2) Required actions.--In order to achieve the objectives
specified in paragraph (1), the Missile Defense Agency shall, at a
minimum, take actions as follows:
(A) Establish acquisition cost, schedule, and performance
baselines for each ballistic missile defense system element
that--
(i) has entered the equivalent of the systems
development and demonstration phase of acquisition; or
(ii) is being produced and acquired for operational
fielding.
(B) Provide unit cost reporting data for each ballistic
missile defense system element covered by subparagraph (A), and
secure independent estimation and verification of such cost
reporting data.
(C) Include, in the budget justification materials
described in subsection (a), a description of actions being
taken in the fiscal year in which such materials are submitted,
and the actions to be taken in the fiscal year covered by such
materials, to achieve such objectives.
(3) Specification of ballistic missile defense system
elements.--The ballistic missile defense system elements that, as
of October 2007, are ballistic missile defense system elements
covered by paragraph (2)(A) are the following elements:
(A) Ground-based Midcourse Defense.
(B) Aegis Ballistic Missile Defense.
(C) Terminal High Altitude Area Defense.
(D) Forward-Based X-band radar-Transportable (AN/TPY-2).
(E) Command, Control, Battle Management, and
Communications.
(F) Sea-Based X-band radar.
(G) Upgraded Early Warning radars.

SEC. 224. LIMITATION ON USE OF FUNDS FOR REPLACING WARHEAD ON SM-3
BLOCK IIA MISSILE.

None of the funds appropriated or otherwise made available pursuant
to an authorization of appropriations in this Act may be obligated or
expended to replace the unitary warhead on the SM-3 Block IIA missile
with the Multiple Kill Vehicle until after the Secretary of Defense
certifies to Congress that--
(1) the United States and Japan have reached an agreement to
replace the unitary warhead on the SM-3 Block IIA missile; and
(2) replacing the unitary warhead on the SM-3 Block IIA missile
with the Multiple Kill Vehicle will not delay the expected
deployment date of 2014-2015 for that missile.

SEC. 225. EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC
MISSILE DEFENSE PROGRAMS.

Section 232(g) of the National Defense Authorization Act for Fiscal
Year 2002 (10 U.S.C. 2431 note) is amended--
(1) in paragraph (1), by striking ``through 2008'' and
inserting ``through 2013''; and
(2) in paragraph (2), by striking ``through 2009'' and
inserting ``through 2014''.

SEC. 226. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT,
CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN
EUROPE.

(a) General Limitation.--No funds authorized to be appropriated by
this Act may be obligated or expended for procurement, site activation,
construction, preparation of equipment for, or deployment of a long-
range missile defense system in Europe until the following conditions
have been met:
(1) The governments of the countries in which major components
of such missile defense system (including interceptors and
associated radars) are proposed to be deployed have each given
final approval to any missile defense agreements negotiated between
such governments and the United States Government concerning the
proposed deployment of such components in their countries.
(2) Forty five days have elapsed following the receipt by
Congress of the report required under subsection (c)(6).
(b) Additional Limitation.--In addition to the limitation in
subsection (a), no funds authorized to be appropriated by this Act may
be obligated or expended for the acquisition or deployment of
operational missiles of a long-range missile defense system in Europe
until the Secretary of Defense, after receiving the views of the
Director of Operational Test and Evaluation, submits to Congress a
report certifying that the proposed interceptor to be deployed as part
of such missile defense system has demonstrated, through successful,
operationally realistic flight testing, a high probability of working
in an operationally effective manner.
(c) Report on Independent Assessment for Ballistic Missile Defense
in Europe.--
(1) Independent assessment.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense shall
select a federally funded research and development center to
conduct an independent assessment of options for ballistic missile
defense for forward deployed forces of the United States and its
allies in Europe and for the United States homeland.
(2) Analysis of administration proposal.--The study shall
provide a full analysis of the Administration's proposal to protect
forward-deployed forces of the United States and its allies in
Europe, forward-deployed radars in Europe, and the United States by
deploying, in Europe, interceptors and radars of the Ground-Based
Midcourse Defense (GMD) system. In providing the analysis, the
study shall examine each of the following matters:
(A) The threat to Europe and the United States of ballistic
missiles (including short-range, medium-range, intermediate-
range, and long-range ballistic missiles) from Iran, including
the likelihood and timing of such threats.
(B) The technical capabilities of the system, as so
deployed, to effectively protect forward-deployed forces of the
United States and its allies in Europe, forward-deployed radars
in Europe, and the United States against the threat specified
in subparagraph (A).
(C) The degree of coverage of the European territory of
members of the North Atlantic Treaty Organization.
(D) The political implications of such a deployment on the
United States, the North Atlantic Treaty Organization, and
other interested parties.
(E) Integration and interoperability with North Atlantic
Treaty Organization missile defenses.
(F) The operational issues associated with such a
deployment, including operational effectiveness.
(G) The force structure implications of such a deployment,
including a comparative analysis of alternative deployment
options.
(H) The budgetary implications of such a deployment,
including possible allied cost sharing, and the cost-
effectiveness of such a deployment.
(I) Command and control arrangements, including any command
and control roles for the United States European Command and
the North Atlantic Treaty Organization.
(J) Potential opportunities for participation by the
Government of Russia.
(3) Analysis of alternatives.--The study shall also provide a
full analysis of alternative systems that could be deployed to
fulfill, in whole or in part, the protective purposes of the
Administration's proposal. The alternative systems shall include a
range of feasible combinations of other missile defense systems
that are available or are expected to be available as of 2015 and
2020. These should include, but not be limited to, the following:
(A) The Patriot PAC-3 system.
(B) The Medium Extended Air Defense System.
(C) The Aegis Ballistic Missile Defense system, with all
variants of the Standard Missile-3 interceptor.
(D) The Terminal High Altitude Area Defense (THAAD) system.
(E) Forward-Based X-band Transportable (FBX-T) radars.
(F) The Kinetic Energy Interceptor (KEI).
(G) Other non-United States, North Atlantic Treaty
Organization missile defense systems or components.
(4) Matters examined.--In providing the analysis, the study
shall examine, for each alternative system included, each of the
matters specified in paragraph (2).
(5) Cooperation of other agencies.--The Secretary of Defense
shall provide the federally funded research and development center
selected under paragraph (1) data, analyses, briefings, and other
information as the center considers necessary to carry out the
assessment described in that paragraph. Furthermore, the Director
of National Intelligence and the heads of other departments and
agencies of the United States Government shall also provide the
center the appropriate data, analyses, briefings, and other
information necessary for the purpose of carrying out the
assessment described in that paragraph.
(6) Report.--Not later than 180 days after the date of the
enactment of this Act, the federally funded research and
development center shall submit to the congressional defense
committees and the Secretary of Defense a report on the results of
the study. The report shall be in unclassified form, but may
include a classified annex.
(7) Funding.--Of the amounts appropriated or otherwise made
available pursuant to the authorization of appropriations in
section 201(4), $1,000,000 is available to carry out the study
required by this subsection.
(d) Construction.--Nothing in this section shall be construed to
limit continuing obligation and expenditure of funds for missile
defense, including for research and development and for other
activities not otherwise limited by subsection (a) or (b), including,
but not limited to, site surveys, studies, analysis, and planning and
design for the proposed missile defense deployment in Europe.

SEC. 227. SENSE OF CONGRESS ON MISSILE DEFENSE COOPERATION WITH ISRAEL.

(a) Sense of Congress.--It is the sense of Congress that the United
States should have an active program of ballistic missile defense
cooperation with Israel, and should take steps to improve the
coordination, interoperability, and integration of United States and
Israeli missile defense capabilities, and to enhance the capability of
both nations to defend against ballistic missile threats present in the
Middle East region.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the status of missile
defense cooperation between the United States and Israel.
(2) Content.--The report submitted under this subsection shall
include each of the following:
(A) A description of the current program of ballistic
missile defense cooperation between the United States and
Israel, including its objectives and results to date.
(B) A description of steps taken within the previous five
years to improve the interoperability and coordination of the
missile defense capabilities of the United States and Israel.
(C) A description of steps planned to be taken by the
governments of the United States and Israel in the future to
improve the coordination, interoperability, and integration of
their missile defense capabilities.
(D) A description of joint efforts of the United States and
Israel to develop ballistic missile defense technologies.
(E) A description of joint missile defense exercises and
training that have been conducted by the United States and
Israel, and the lessons learned from those exercises.
(F) A description of the joint missile defense testing
activities of the United States and Israel, past and planned,
and the benefits of such joint testing activities.
(G) A description of how the United States and Israel share
threat assessments regarding the ballistic missile threat.
(H) Any other matters that the Secretary considers
appropriate.

SEC. 228. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT OF MISSILE
DEFENSE INTERCEPTORS IN ALASKA.

None of the funds authorized to be appropriated by this Act may be
obligated or expended to deploy more than 40 Ground-Based Interceptors
at Fort Greely, Alaska, until the Secretary of Defense, after receiving
the views of the Director of Operational Test and Evaluation, submits
to Congress a certification that the Block 2006 Ground-based Midcourse
Defense element of the Ballistic Missile Defense System has
demonstrated, through operationally realistic end-to-end flight
testing, that it has a high probability of working in an operationally
effective manner.

SEC. 229. POLICY OF THE UNITED STATES ON PROTECTION OF THE UNITED
STATES AND ITS ALLIES AGAINST IRANIAN BALLISTIC MISSILES.

(a) Finding.--Congress finds that Iran maintains a nuclear program
in continued defiance of the international community while developing
ballistic missiles of increasing sophistication and range that--
(1) pose a threat to--
(A) the forward-deployed forces of the United States;
(B) North Atlantic Treaty Organization (NATO) allies in
Europe; and
(C) other allies and friendly foreign countries in the
region; and
(2) eventually could pose a threat to the United States
homeland.
(b) Policy of the United States.--It is the policy of the United
States--
(1) to develop, test, and deploy, as soon as technologically
feasible, in conjunction with allies and friendly foreign countries
whenever possible, an effective defense against the threat from
Iran described in subsection (a) that will provide protection--
(A) for the forward-deployed forces of the United States,
NATO allies, and other allies and friendly foreign countries in
the region; and
(B) for the United States homeland;
(2) to encourage the NATO alliance to accelerate its efforts
to--
(A) protect NATO territory in Europe against the existing
threat of Iranian short- and medium-range ballistic missiles;
and
(B) facilitate the ability of NATO allies to acquire the
missile defense systems needed to provide a wide-area defense
capability against short- and medium-range ballistic missiles;
and
(3) to proceed with the activities specified in paragraphs (1)
and (2) in a manner such that any missile defense systems fielded
by the United States in Europe are integrated with or complementary
to missile defense systems fielded by NATO in Europe.

Subtitle D--Other Matters

SEC. 231. COORDINATION OF HUMAN SYSTEMS INTEGRATION ACTIVITIES RELATED
TO ACQUISITION PROGRAMS.

(a) In General.--The Secretary of Defense, acting through the Under
Secretary of Defense for Acquisition, Technology, and Logistics, shall
coordinate and manage human systems integration activities throughout
the acquisition programs of the Department of Defense.
(b) Administration.--In carrying out subsection (a), the Secretary
shall designate a senior official to be responsible for the effort.
(c) Responsibilities.--In carrying out this section, the senior
official designated in subsection (b) shall--
(1) coordinate the planning, management, and execution of such
activities; and
(2) identify and recommend, as appropriate, resource
requirements for human systems integration activities.
(d) Designation.--The designation required by subsection (b) shall
be made not later than 60 days after the date of the enactment of this
Act.

SEC. 232. EXPANSION OF AUTHORITY FOR PROVISION OF LABORATORY
FACILITIES, SERVICES, AND EQUIPMENT.

Section 2539b of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2) by striking ``and'' at the end;
(B) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) make available to any person or entity, through leases,
contracts, or other appropriate arrangements, facilities, services,
and equipment of any government laboratory, research center, or
range, if the facilities, services, and equipment provided will not
be in direct competition with the domestic private sector.'';
(2) in subsection (c)--
(A) by striking ``for services''; and
(B) by striking ``subsection (a)(3)'' and inserting
``subsections (a)(3) and (a)(4)''; and
(3) in subsection (d)--
(A) by striking ``for services made available''; and
(B) by striking ``subsection (a)(3)'' and inserting
``subsections (a)(3) and (a)(4)''.

SEC. 233. MODIFICATION OF COST SHARING REQUIREMENT FOR TECHNOLOGY
TRANSITION INITIATIVE.

Paragraph (2) of section 2359a(f) of title 10, United States Code,
is amended to read as follows:
``(2) The amount of funds provided to a project under paragraph (1)
by the military department or Defense Agency concerned shall be the
appropriate share of the military department or Defense Agency, as the
case may be, of the cost of the project, as determined by the
Manager.''.

SEC. 234. REPORT ON IMPLEMENTATION OF MANUFACTURING TECHNOLOGY PROGRAM.

(a) Report Required.--Not later than September 1, 2008, the
Secretary of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the implementation of the technologies and
processes developed under the Manufacturing Technology Program required
by section 2521 of title 10, United States Code.
(b) Elements.--The report shall identify each technology or process
implemented and, for each such technology or process, shall identify--
(1) the project of the Manufacturing Technology Program through
which the technology or process was developed, the Federal and non-
Federal participants in that project, and the duration of the
project;
(2) the organization or program implementing the technology or
process, and a description of the implementation;
(3) the funding required to implement the technology or
process, including--
(A) funds provided by military departments and Defense
Agencies under the Manufacturing Technology Program;
(B) funds provided by the Department of Defense, or any
element of the Department, to co-develop the technology or
process;
(C) to the maximum extent practicable, funds provided by
the Department of Defense, or any element of the Department,
to--
(i) mature the technology or process prior to
transition to the Manufacturing Technology Program; and
(ii) provide for the implementation of the technology
or process;
(4) the total value of industry cost share, if applicable;
(5) if applicable, the total value of cost avoidance or cost
savings directly attributable to the implementation of the
technology or process; and
(6) a description of any system performance enhancements,
technology performance enhancements, or improvements in a
manufacturing readiness level of a system or a technology.
(c) Definition.--For purposes of this section, the term
``implementation'' refers to--
(1) the use of a technology or process in the manufacture of
defense materiel;
(2) the inclusion of a technology or process in the systems
engineering plan for a program of record; or
(3) the use of a technology or process for the manufacture of
commercial items.
(d) Scope.--The report shall include technologies or processes
developed with funds appropriated or otherwise made available for the
Manufacturing Technology programs of the military departments and
Defense Agencies for fiscal years 2003 through 2005.

SEC. 235. ASSESSMENT OF SUFFICIENCY OF TEST AND EVALUATION PERSONNEL.

(a) Assessment Required.--The Director of Operational Test and
Evaluation shall assess whether the Director's professional staff meets
the requirement of section 139(j) of title 10, United States Code, that
the staff be sufficient to carry out the Director's duties and
responsibilities.
(b) Inclusion in Report.--The Director shall include the results of
the assessment in the report, required by section 139(g) of title 10,
United States Code, summarizing the operational test and evaluation
activities during fiscal year 2007.

SEC. 236. REPEAL OF REQUIREMENT FOR SEPARATE REPORTS ON TECHNOLOGY AREA
REVIEW AND ASSESSMENT SUMMARIES.

Subsection (c) of section 253 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3179; 10 U.S.C.
2501 note) is repealed.

SEC. 237. MODIFICATION OF NOTICE AND WAIT REQUIREMENT FOR OBLIGATION OF
FUNDS FOR FOREIGN COMPARATIVE TEST PROGRAM.

Paragraph (3) of section 2350a(g) of title 10, United States Code,
is amended to read as follows:
``(3) The Director of Defense Research and Engineering shall notify
the congressional defense committees of the intent to obligate funds
made available to carry out this subsection not less than 7 days before
such funds are obligated.''.

SEC. 238. STRATEGIC PLAN FOR THE MANUFACTURING TECHNOLOGY PROGRAM.

(a) In General.--Section 2521 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Five-Year Strategic Plan.--(1) The Secretary shall develop a
plan for the program that includes the following:
``(A) The overall manufacturing technology goals, milestones,
priorities, and investment strategy for the program.
``(B) The objectives of, and funding for, the program for each
military department and each Defense Agency that shall participate
in the program during the period of the plan.
``(2) The Secretary shall include in the plan mechanisms for
assessing the effectiveness of the program under the plan.
``(3) The Secretary shall update the plan on a biennial basis.
``(4) Each plan, and each update to the plan, shall cover a period
of five fiscal years.''.
(b) Initial Development and Submission of Plan.--
(1) Development.--The Secretary of Defense shall develop the
strategic plan required by subsection (e) of section 2521 of title
10, United States Code (as added by subsection (a) of this
section), so that the plan goes into effect at the beginning of
fiscal year 2009.
(2) Submission.--Not later than the date on which the budget of
the President for fiscal year 2010 is submitted to Congress under
section 1105 of title 31, United States Code, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives the
plan specified in paragraph (1).

SEC. 239. MODIFICATION OF AUTHORITIES ON COORDINATION OF DEFENSE
EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH
WITH SIMILAR FEDERAL PROGRAMS.

Section 257(e)(2) of the National Defense Authorization Act for
Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by striking ``shall''
each place it appears and inserting ``may''.

SEC. 240. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH AND
DEVELOPMENT PROGRAM.

(a) Program Purposes.--Subsection (b) of section 246 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 116 Stat. 2500; 10 U.S.C. 2358 note) is amended--
(1) in paragraph (2), by striking ``in nanoscale research and
development'' and inserting ``in the National Nanotechnology
Initiative and with the National Nanotechnology Coordination Office
under section 3 of the 21st Century Nanotechnology Research and
Development Act (15 U.S.C. 7502)''; and
(2) in paragraph (3), by striking ``portfolio of fundamental
and applied nanoscience and engineering research initiatives'' and
inserting ``portfolio of nanotechnology research and development
initiatives''.
(b) Program Administration.--
(1) Administration through under secretary of defense for
acquisition, technology, and logistics.--Subsection (c) of such
section is amended--
(A) by striking ``the Director of Defense Research and
Engineering'' and inserting ``the Under Secretary of Defense
for Acquisition, Technology, and Logistics''; and
(B) by striking ``The Director'' and inserting ``The Under
Secretary''.
(2) Other administrative matters.--Such subsection is further
amended--
(A) in paragraph (2), by striking ``the Department's
increased investment in nanotechnology research and development
and the National Nanotechnology Initiative; and'' and inserting
``investments by the Department and other departments and
agencies participating in the National Nanotechnology
Initiative in nanotechnology research and development;'';
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) oversee Department of Defense participation in
interagency coordination of the program with other departments and
agencies participating in the National Nanotechnology
Initiative.''.
(c) Program Activities.--Such section is further amended--
(1) by striking subsection (d); and
(2) by adding at the end the following new subsection (d):
``(d) Strategic Plan.--The Under Secretary shall develop and
maintain a strategic plan for defense nanotechnology research and
development that--
``(1) is integrated with the strategic plan for the National
Nanotechnology Initiative and the strategic plans of the Director
of Defense Research and Engineering, the military departments, and
the Defense Agencies; and
``(2) includes a clear strategy for transitioning the research
into products needed by the Department.''.
(d) Reports.--Such section is further amended by adding at the end
the following new subsection:
``(e) Reports.--
``(1) In general.--Not later than March 1 of each of 2009,
2011, and 2013, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to the congressional defense
committees a report on the program.
``(2) Matters included.--Each report under paragraph (1) shall
include the following:
``(A) A review of--
``(i) the long-term challenges and specific technical
goals of the program; and
``(ii) the progress made toward meeting such challenges
and achieving such goals.
``(B) An assessment of current and proposed funding levels
for the program, including an assessment of the adequacy of
such funding levels to support program activities.
``(C) A review of the coordination of activities under the
program within the Department of Defense, with other
departments and agencies of the United States, and with the
National Nanotechnology Initiative.
``(D) A review and analysis of the findings and
recommendations relating to the Department of Defense of the
most recent triennial external review of the National
Nanotechnology Program under section 5 of the 21st Century
Nanotechnology Research and Development Act (15 U.S.C. 1704),
and a description of initiatives of the Department to implement
such recommendations.
``(E) An assessment of technology transition from
nanotechnology research and development to enhanced warfighting
capabilities, including contributions from the Department of
Defense Small Business Innovative Research and Small Business
Technology Transfer Research programs, and the Department of
Defense Manufacturing Technology program, and an identification
of acquisition programs and deployed defense systems that are
incorporating nanotechnologies.
``(F) An assessment of global nanotechnology research and
development in areas of interest to the Department, including
an identification of the use of nanotechnologies in any foreign
defense systems.
``(G) An assessment of the defense nanotechnology
manufacturing and industrial base and its capability to meet
the near and far term requirements of the Department.
``(H) Such recommendations for additional activities under
the program to meet emerging national security requirements as
the Under Secretary considers appropriate.
``(3) Classification.--Each report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.''.

SEC. 241. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER ASSESSMENT
OF THE DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.

(a) Assessment Required.--The Secretary of Defense shall--
(1) utilize a defense federally funded research and development
center to carry out an assessment of the effectiveness of the
Defense Experimental Program to Stimulate Competitive Research; and
(2) not later than nine months after the date of the enactment
of this Act, submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on that
assessment.
(b) Matters Assessed.--The report under subsection (a) shall
include the following:
(1) A description and assessment of the tangible results and
progress toward the objectives of the program, including--
(A) an identification of any past program activities that
led to, or were fundamental to, applications used by, or
supportive of, operational users; and
(B) an assessment of whether the program has expanded the
national research infrastructure.
(2) An assessment whether the activities undertaken under the
program are consistent with the statute authorizing the program.
(3) An assessment whether the various elements of the program,
such as structure, funding, staffing, project solicitation and
selection, and administration, are working effectively and
efficiently to support the effective execution of the program.
(4) A description and assessment of past and ongoing activities
of State planning committees under the program in supporting the
achievement of the objectives of the program.
(5) An analysis of the advantages and disadvantages of having
an institution-based formula for qualification to participate in
the program when compared with the advantages and disadvantages of
having a State-based formula for qualification to participate in
supporting defense missions and the objective of expanding the
Nation's defense research infrastructure.
(6) An identification of mechanisms for improving the
management and implementation of the program, including
modification of the statute authorizing the program, Department
regulations, program structure, funding levels, funding strategy,
or the activities of the State committees.
(7) Any other matters the Secretary considers appropriate.

SEC. 242. COST-BENEFIT ANALYSIS OF PROPOSED FUNDING REDUCTION FOR HIGH
ENERGY LASER SYSTEMS TEST FACILITY.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing a cost-benefit
analysis of the proposed reduction in Army research, development, test,
and evaluation funding for the High Energy Laser Systems Test Facility.
(b) Evaluation of Impact on Other Military Departments.--The report
required under subsection (a) shall include an evaluation of the impact
of the proposed reduction in funding on each Department of Defense
organization or activity that utilizes the High Energy Laser Systems
Test Facility.

SEC. 243. PROMPT GLOBAL STRIKE.

(a) Research, Development, and Testing Plan.--The Secretary of
Defense shall submit to the congressional defense committees a
research, development, and testing plan for prompt global strike
program objectives for fiscal years 2008 through 2013.
(b) Plan for Obligation and Expenditure of Funds.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a plan for obligation and
expenditure of funds available for prompt global strike for fiscal
year 2008. The plan shall include correlations between each
technology application being developed in fiscal year 2008 and the
prompt global strike alternative or alternatives toward which the
technology application applies.
(2) Limitation.--The Under Secretary shall not implement the
plan required by paragraph (1) until at least 10 days after the
plan is submitted as required by that paragraph.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Environmental Provisions

Subtitle C--Workplace and Depot Issues

Subtitle D--Extension of Program Authorities

Subtitle E--Reports

Subtitle F--Other Matters

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $28,787,219,000.
(2) For the Navy, $33,355,683,000.
(3) For the Marine Corps, $4,967,193,000.
(4) For the Air Force, $33,118,462,000.
(5) For Defense-wide activities, $22,500,253,000.
(6) For the Army Reserve, $2,509,862,000.
(7) For the Navy Reserve, $1,186,883,000.
(8) For the Marine Corps Reserve, $208,637,000.
(9) For the Air Force Reserve, $2,821,817,000.
(10) For the Army National Guard, $5,857,409,000.
(11) For the Air National Guard, $5,456,668,000.
(12) For the United States Court of Appeals for the Armed
Forces, $11,971,000.
(13) For Environmental Restoration, Army, $434,879,000.
(14) For Environmental Restoration, Navy, $300,591,000.
(15) For Environmental Restoration, Air Force, $458,428,000.
(16) For Environmental Restoration, Defense-wide, $12,751,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $270,249,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $103,300,000.
(19) For Former Soviet Union Threat Reduction programs,
$428,048,000.
(20) For the Overseas Contingency Operations Transfer Fund,
$5,000,000.

Subtitle B--Environmental Provisions

SEC. 311. 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 amount.--Using funds described in subsection (b),
the Secretary of Defense may, notwithstanding section 2215 of title
10, United States Code, transfer not more than $91,588.51 to the
Moses Lake Wellfield Superfund Site 10-6J Special Account.
(2) Purpose of reimbursement.--The 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.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is provided for in the interagency agreement entered
into by the Department of the Army and the Environmental Protection
Agency for the Moses Lake Wellfield Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by section 301(16) for
operation and maintenance for Environmental Restoration, Defense-wide.
(c) Use of Funds.--The Environmental Protection Agency shall use
the amount transferred under subsection (a) to pay costs incurred by
the Agency at the Moses Lake Wellfield Superfund Site.

SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH THE ARCTIC SURPLUS SUPERFUND
SITE, FAIRBANKS, ALASKA.

(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in subsection (b),
the Secretary of Defense may, notwithstanding section 2215 of title
10, United States Code, transfer not more than $186,625.38 to the
Hazardous Substance Superfund.
(2) Purpose of reimbursement.--The payment under paragraph (1)
is to reimburse the Environmental Protection Agency for costs
incurred pursuant to the agreement known as ``In the Matter of
Arctic Surplus Superfund Site, U.S. EPA Docket Number CERCLA-10-
2003-0114: Administrative Order on Consent for Remedial Design and
Remedial Action'', entered into by the Department of Defense and
the Environmental Protection Agency on December 11, 2003.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by section 301(16) for
operation and maintenance for Environmental Restoration, Defense-wide.
(c) Use of Funds.--The Environmental Protection Agency shall use
the amount transferred under subsection (a) to pay costs incurred by
the Agency pursuant to the agreement described in paragraph (2) of such
subsection.

SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING
COMPLEX, WASHINGTON.

(a) Authority To Transfer Funds.--
(1) Transfer amount.--Using funds described in subsection (b),
the Secretary of the Navy may, notwithstanding section 2215 of
title 10, United States Code, transfer not more than $40,000.00 to
the Hazardous Substance Superfund.
(2) Purpose of transfer.--The payment under paragraph (1) is to
pay a stipulated penalty assessed by the Environmental Protection
Agency on October 25, 2005, against the Jackson Park Housing
Complex, Washington, for the failure by the Navy to timely submit a
draft final Phase II Remedial Investigation Work Plan for the
Jackson Park Housing Complex Operable Unit (OU-3T-JPHC) pursuant to
a schedule included in an Interagency Agreement (Administrative
Docket No. CERCLA-10-2005-0023).
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by section 301(14) for
operation and maintenance for Environmental Restoration, Navy.
(c) Use of Funds.--The amount transferred under subsection (a)
shall be used by the Environmental Protection Agency to pay the penalty
described under paragraph (2) of such subsection.

SEC. 314. REPORT ON CONTROL OF THE BROWN TREE SNAKE.

(a) Findings.--Congress finds the following:
(1) The brown tree snake (Boiga irregularis), an invasive
species, is found in significant numbers on military installations
and in other areas on Guam, and constitutes a serious threat to the
ecology of Guam.
(2) If introduced into Hawaii, the Commonwealth of the Northern
Mariana Islands, or the continental United States, the brown tree
snake would pose an immediate and serious economic and ecological
threat.
(3) The most probable vector for the introduction of the brown
tree snake into Hawaii, the Commonwealth of the Northern Mariana
Islands, or the continental United States is the movement from Guam
of military aircraft, personnel, and cargo, including the household
goods of military personnel and other military assets.
(4) It is probable that the movement of military aircraft,
personnel, and cargo, including the household goods of military
personnel, from Guam to Hawaii, the Commonwealth of the Northern
Mariana Islands, or the continental United States will increase
significantly coincident with the increase in the number of
military units and personnel stationed on Guam.
(5) Current policies, programs, procedures, and dedicated
resources of the Department of Defense and of other departments and
agencies of the United States may not be sufficient to adequately
address the management, control, and eradication of the brown tree
snake on Guam and the increasing threat of the introduction of the
brown tree snake from Guam into Hawaii, the Commonwealth of the
Northern Mariana Islands, the continental United States, or other
non-native environments.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the following:
(1) The actions currently being taken (including the resources
being made available) by the Department of Defense to control, and
to develop new or existing techniques to control, the brown tree
snake on Guam and to prevent the introduction of the brown tree
snake into Hawaii, the Commonwealth of the Northern Mariana Island,
the continental United States, or any other non-native environment
as a result of the movement from Guam of military aircraft,
personnel, and cargo, including the household goods of military
personnel and other military assets. Such actions shall include any
actions taken by the Department of Defense to implement the
recommendations of the Brown Tree Snake Review Panel commissioned
by the Department of the Interior, as contained in the Review
Panel's final report entitled ``Review of Brown Tree Snake Problems
and Control Programs'' published in March 2005.
(2) Current plans for enhanced future actions, policies, and
procedures and increased levels of resources in order to ensure
that the projected increase of military personnel stationed on Guam
does not increase the threat of introduction of the brown tree
snake from Guam into Hawaii, the Commonwealth of the Northern
Mariana Islands, the continental United States, or other non-native
environments.
(3) The results of management, control, and eradication carried
out by the Secretary of Defense, in consultation with the Secretary
of the Interior, before the date on which the report is submitted
with respect to brown tree snakes through the integrated natural
resource management plans prepared for military installations in
Guam under the pilot program authorized by section 101(g) of the
Sikes Act (16 U.S.C. 670a(g)).

SEC. 315. NOTIFICATION OF CERTAIN RESIDENTS AND CIVILIAN EMPLOYEES AT
CAMP LEJEUNE, NORTH CAROLINA, OF EXPOSURE TO DRINKING
WATER CONTAMINATION.

(a) Notification of Individuals Served by Tarawa Terrace Water
Distribution System, Including Knox Trailer Park.--Not later than 1
year after the date of the enactment of this Act, the Secretary of the
Navy shall make reasonable efforts to identify and notify directly
individuals who were served by the Tarawa Terrace Water Distribution
System, including Knox Trailer Park, at Camp Lejeune, North Carolina,
during the years 1958 through 1987 that they may have been exposed to
drinking water contaminated with tetrachloroethylene (PCE).
(b) Notification of Individuals Served by Hadnot Point Water
Distribution System.--Not later than 1 year after the Agency for Toxic
Substances and Disease Registry (ATSDR) completes its water modeling
study of the Hadnot Point water distribution system, the Secretary of
the Navy shall make reasonable efforts to identify and notify directly
individuals who were served by the system during the period identified
in the study of the drinking water contamination to which they may have
been exposed.
(c) Notification of Former Civilian Employees at Camp Lejeune.--Not
later than 1 year after the date of the enactment of this Act, the
Secretary of the Navy shall make reasonable efforts to identify and
notify directly civilian employees who worked at Camp Lejeune during
the period identified in the ATSDR drinking water study of the drinking
water contamination to which they may have been exposed.
(d) Circulation of Health Survey.--
(1) Findings.--Congress makes the following findings:
(A) Notification and survey efforts related to the drinking
water contamination described in this section are necessary due
to the potential negative health impacts of these contaminants.
(B) The Secretary of the Navy will not be able to identify
or contact all former residents and former employees due to the
condition, non-existence, or accessibility of records.
(C) It is the intent of Congress that the Secretary of the
Navy contact as many former residents and former employees as
quickly as possible.
(2) ATSDR health survey.--
(A) Development.--
(i) In general.--Not later than 120 days after the date
of the enactment of this Act, the ATSDR, in consultation
with a well-qualified contractor selected by the ATSDR,
shall develop a health survey that would voluntarily
request of individuals described in subsections (a), (b),
and (c) personal health information that may lead to
scientifically useful health information associated with
exposure to trichloroethylene (TCE), PCE, vinyl chloride,
and the other contaminants identified in the ATSDR studies
that may provide a basis for further reliable scientific
studies of potentially adverse health impacts of exposure
to contaminated water at Camp Lejeune.
(ii) Funding.--The Secretary of the Navy is authorized
to provide from available funds the necessary funding for
the ATSDR to develop the health survey.
(B) Inclusion with notification.--The survey developed
under subparagraph (A) shall be distributed by the Secretary of
the Navy concurrently with the direct notification required
under subsections (a), (b), and (c).
(e) Use of Media To Supplement Notification.--The Secretary of the
Navy may use media notification as a supplement to direct notification
of individuals described under subsections (a), (b), and (c). Media
notification may reach those individuals not identifiable via remaining
records. Once individuals respond to media notifications, the Secretary
will add them to the contact list to be included in future information
updates.

Subtitle C--Workplace and Depot Issues

SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION SYSTEMS AGENCY
WORKING CAPITAL FUND FOR TECHNOLOGY UPGRADES TO DEFENSE
INFORMATION SYSTEMS NETWORK.

(a) In General.--Notwithstanding section 2208 of title 10, United
States Code, funds in the Defense Information Systems Agency Working
Capital Fund may be used for expenses directly related to technology
upgrades to the Defense Information Systems Network.
(b) Limitation on Certain Projects.--Funds may not be used under
subsection (a) for--
(1) any technology insertion to the Defense Information Systems
Network that significantly changes the performance envelope of an
end item; or
(2) any component with an estimated total cost in excess of
$500,000.
(c) Limitation in Fiscal Year Pending Timely Report.--If in any
fiscal year the report required by paragraph (1) of subsection (d) is
not submitted by the date specified in paragraph (2) of subsection (d),
funds may not be used under subsection (a) in such fiscal year during
the period--
(1) beginning on the date specified in paragraph (2) of
subsection (d); and
(2) ending on the date of the submittal of the report under
paragraph (1) of subsection (d).
(d) Annual Report.--
(1) In general.--The Director of the Defense Information
Systems Agency shall submit to the congressional defense committees
each fiscal year a report on the use of the authority in subsection
(a) during the preceding fiscal year.
(2) Deadline for submittal.--The report required by paragraph
(1) in a fiscal year shall be submitted not later than 60 days
after the date of the submittal to Congress of the budget of the
President for the succeeding fiscal year pursuant to section 1105
of title 31, United States Code.
(e) Sunset.--The authority in subsection (a) shall expire on
October 1, 2011.

SEC. 322. MODIFICATION TO PUBLIC-PRIVATE COMPETITION REQUIREMENTS
BEFORE CONVERSION TO CONTRACTOR PERFORMANCE.

(a) Comparison of Retirement System Costs.--Section 2461(a)(1) of
title 10, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H); and
(3) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) requires that the contractor shall not receive an
advantage for a proposal that would reduce costs for the Department
of Defense by--
``(i) not making an employer-sponsored health insurance
plan (or payment that could be used in lieu of such a plan),
health savings account, or medical savings account available to
the workers who are to be employed to perform the function
under the contract;
``(ii) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute
less towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees of the Department under chapter 89 of
title 5; or
``(iii) offering to such workers a retirement benefit that,
in any year, costs less than the annual retirement cost factor
applicable to civilian employees of the Department of Defense
under chapter 84 of title 5; and''.
(b) Conforming Amendments.--Such title is further amended--
(1) by striking section 2467; and
(2) in section 2461--
(A) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Requirement to Consult DOD Employees.--(1) Each officer or
employee of the Department of Defense responsible for determining under
Office of Management and Budget Circular A-76 whether to convert to
contractor performance any function of the Department of Defense--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the management
efficiency study used in making that determination, consult with
civilian employees who will be affected by that determination and
consider the views of such employees on the development and
preparation of that statement and that study; and
``(B) may consult with such employees on other matters relating
to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section 7111 of title
5, consultation with representatives of that labor organization shall
satisfy the consultation requirement in paragraph (1).
``(B) In the case of employees other than employees referred to in
subparagraph (A), consultation with appropriate representatives of
those employees shall satisfy the consultation requirement in paragraph
(1).
``(C) The Secretary of Defense shall prescribe regulations to carry
out this subsection. The regulations shall include provisions for the
selection or designation of appropriate representatives of employees
referred to in subparagraph (B) for purposes of the consultation
required by paragraph (1).''.
(c) Technical Amendments.--Section 2461 of such title, as amended
by this section, is further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by inserting after ``2003'' the
following: ``, or any successor circular''; and
(B) in subparagraph (D), by striking ``and reliability''
and inserting ``, reliability, and timeliness''; and
(2) in subsection (c)(2), as redesignated by subsection (b)(2),
by inserting ``of'' after ``examination''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 146 of such title is amended by striking the item relating to
section 2467.

SEC. 323. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD SPECIFIED IN
PERFORMANCE AGREEMENT NOT REQUIRED.

Section 2461(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) A military department or Defense Agency may not be required
to conduct a public-private competition under Office of Management and
Budget Circular A-76 or any other provision of law at the end of the
performance period specified in a letter of obligation or other
agreement entered into with Department of Defense civilian employees
pursuant to a public-private competition for any function of the
Department of Defense performed by Department of Defense civilian
employees.''.

SEC. 324. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS.

(a) Codification and Revision of Requirement for Guidelines.--
(1) In general.--Chapter 146 of title 10, United States Code,
is amended by inserting after section 2462 the following new
section:

``Sec. 2463. Guidelines and procedures for use of civilian employees to
perform Department of Defense functions

``(a) Guidelines Required.--(1) The Under Secretary of Defense for
Personnel and Readiness shall devise and implement guidelines and
procedures to ensure that consideration is given to using, on a regular
basis, Department of Defense civilian employees to perform new
functions and functions that are performed by contractors and could be
performed by Department of Defense civilian employees. The Secretary of
a military department may prescribe supplemental regulations, if the
Secretary determines such regulations are necessary for implementing
such guidelines within that military department.
``(2) The guidelines and procedures required under paragraph (1)
may not include any specific limitation or restriction on the number of
functions or activities that may be converted to performance by
Department of Defense civilian employees.
``(b) Special Consideration for Certain Functions.--The guidelines
and procedures required under subsection (a) shall provide for special
consideration to be given to using Department of Defense civilian
employees to perform any function that--
``(1) is performed by a contractor and--
``(A) has been performed by Department of Defense civilian
employees at any time during the previous 10 years;
``(B) is a function closely associated with the performance
of an inherently governmental function;
``(C) has been performed pursuant to a contract awarded on
a non-competitive basis; or
``(D) has been performed poorly, as determined by a
contracting officer during the 5-year period preceding the date
of such determination, because of excessive costs or inferior
quality; or
``(2) is a new requirement, with particular emphasis given to a
new requirement that is similar to a function previously performed
by Department of Defense civilian employees or is a function
closely associated with the performance of an inherently
governmental function.
``(c) Exclusion of Certain Functions From Competitions.--The
Secretary of Defense may not conduct a public-private competition under
this chapter, Office of Management and Budget Circular A-76, or any
other provision of law or regulation before--
``(1) in the case of a new Department of Defense function,
assigning the performance of the function to Department of Defense
civilian employees;
``(2) in the case of any Department of Defense function
described in subsection (b), converting the function to performance
by Department of Defense civilian employees; or
``(3) in the case of a Department of Defense function performed
by Department of Defense civilian employees, expanding the scope of
the function.
``(d) Use of Flexible Hiring Authority.--(1) The Secretary of
Defense may use the flexible hiring authority available to the
Secretary under the National Security Personnel System, as established
pursuant to section 9902 of title 5, to facilitate the performance by
Department of Defense civilian employees of functions described in
subsection (b).
``(2) The Secretary shall make use of the inventory required by
section 2330a(c) of this title for the purpose of identifying functions
that should be considered for performance by Department of Defense
civilian employees pursuant to subsection (b).
``(e) Definitions.--In this section the term `functions closely
associated with inherently governmental functions' has the meaning
given that term in section 2383(b)(3) of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 2462 the following new item:

``2463. Guidelines and procedures for use of civilian employees to
perform Department of Defense functions.''.

(3) Deadline for issuance of guidelines and procedures.--The
Secretary of Defense shall implement the guidelines and procedures
required under section 2463 of title 10, United States Code, as
added by paragraph (1), by not later than 60 days after the date of
the enactment of this Act.
(b) Inspector General Report.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the congressional defense
committees a report on the implementation of this section and the
amendments made by this section.
(c) Conforming Repeal.--The National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163) is amended by striking section
343.

SEC. 325. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET INFLUENCE OVER
DEPARTMENT OF DEFENSE PUBLIC-PRIVATE COMPETITIONS.

(a) Restriction on Office of Management and Budget.--The Office of
Management and Budget may not direct or require the Secretary of
Defense or the Secretary of a military department to prepare for,
undertake, continue, or complete a public-private competition or direct
conversion of a Department of Defense function to performance by a
contractor under Office of Management and Budget Circular A-76, or any
other successor regulation, directive, or policy.
(b) Restriction on Secretary of Defense.--The Secretary of Defense
or the Secretary of a military department may not prepare for,
undertake, continue, or complete a public-private competition or direct
conversion of a Department of Defense function to performance by a
contractor under Office of Management and Budget Circular A-76, or any
other successor regulation, directive, or policy by reason of any
direction or requirement provided by the Office of Management and
Budget.
(c) Inspector General Review.--
(1) Comprehensive review required.--The Inspector General of
the Department of Defense shall conduct a comprehensive review of
the compliance of the Secretary of Defense and the Secretaries of
the military departments with the requirements of this section
during calendar year 2008. The Inspector General shall submit to
the congressional defense committees the following reports on the
comprehensive review:
(A) An interim report, to be submitted by not later than 90
days after the date of the enactment of this Act.
(B) A final report, to be submitted by not later than
December 31, 2008.
(2) Inspector general access.--For the purpose of determining
compliance with the requirements of this section, the Secretary of
Defense shall ensure that the Inspector General has access to all
Department records of relevant communications between Department
officials and officials of other departments and agencies of the
Federal Government, whether such communications occurred inside or
outside of the Department.

SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF
MANAGEMENT AND BUDGET CIRCULAR A-76.

(a) Eligibility to Protest Public-Private Competitions.--Section
3551(2) of title 31, United States Code, is amended to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation or other
request for offers described in paragraph (1), means an actual
or prospective bidder or offeror whose direct economic interest
would be affected by the award of the contract or by failure to
award the contract; and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget Circular A-76
with respect to the performance of an activity or function of a
Federal agency, or a decision to convert a function performed
by Federal employees to private sector performance without a
competition under Office of Management and Budget Circular A-
76, includes--
``(i) any official who submitted the agency tender in
such competition; and
``(ii) any one individual who, for the purpose of
representing the Federal employees engaged in the
performance of the activity or function for which the
public-private competition is conducted in a protest under
this subchapter that relates to such public-private
competition, has been designated as the agent of the
Federal employees by a majority of such employees.''.
(b) Expedited Action.--
(1) In general.--Subchapter V of chapter 35 of such title is
amended by adding at the end the following new section:

``Sec. 3557. Expedited action in protests of Public-Private
competitions

``For any protest of a public-private competition conducted under
Office of Management and Budget Circular A-76 with respect to the
performance of an activity or function of a Federal agency, the
Comptroller General shall administer the provisions of this subchapter
in the manner best suited for expediting the final resolution of the
protest and the final action in the public-private competition.''.
(2) Clerical amendment.--The chapter analysis at the beginning
of such chapter is amended by inserting after the item relating to
section 3556 the following new item:

``3557. Expedited action in protests of public-private competitions.''.

(c) Right to Intervene in Civil Action.--Section 1491(b) of title
28, United States Code, is amended by adding at the end the following
new paragraph:
``(5) If an interested party who is a member of the private sector
commences an action described in paragraph (1) with respect to a
public-private competition conducted under Office of Management and
Budget Circular A-76 regarding the performance of an activity or
function of a Federal agency, or a decision to convert a function
performed by Federal employees to private sector performance without a
competition under Office of Management and Budget Circular A-76, then
an interested party described in section 3551(2)(B) of title 31 shall
be entitled to intervene in that action.''.
(d) Applicability.--Subparagraph (B) of section 3551(2) of title
31, United States Code (as added by subsection (a)), and paragraph (5)
of section 1491(b) of title 28, United States Code (as added by
subsection (c)), shall apply to--
(1) a protest or civil action that challenges final selection
of the source of performance of an activity or function of a
Federal agency that is made pursuant to a study initiated under
Office of Management and Budget Circular A-76 on or after January
1, 2004; and
(2) any other protest or civil action that relates to a public-
private competition initiated under Office of Management and Budget
Circular A-76, or to a decision to convert a function performed by
Federal employees to private sector performance without a
competition under Office of Management and Budget Circular A-76, on
or after the date of the enactment of this Act.

SEC. 327. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION TO
CONTRACTOR PERFORMANCE.

(a) In General.--The Office of Federal Procurement Policy Act (41
U.S.C. 403 et seq.) is amended by adding at the end the following new
section:

``SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION TO
CONTRACTOR PERFORMANCE.

``(a) Public-Private Competition.--(1) A function of an executive
agency performed by 10 or more agency civilian employees may not be
converted, in whole or in part, to performance by a contractor unless
the conversion is based on the results of a public-private competition
that--
``(A) formally compares the cost of performance of the function
by agency civilian employees with the cost of performance by a
contractor;
``(B) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management and
Budget Circular A-76, as implemented on May 29, 2003, or any
successor circular;
``(C) includes the issuance of a solicitation;
``(D) determines whether the submitted offers meet the needs of
the executive agency with respect to factors other than cost,
including quality, reliability, and timeliness;
``(E) examines the cost of performance of the function by
agency civilian employees and the cost of performance of the
function by one or more contractors to demonstrate whether
converting to performance by a contractor will result in savings to
the Government over the life of the contract, including--
``(i) the estimated cost to the Government (based on offers
received) for performance of the function by a contractor;
``(ii) the estimated cost to the Government for performance
of the function by agency civilian employees; and
``(iii) an estimate of all other costs and expenditures
that the Government would incur because of the award of such a
contract;
``(F) requires continued performance of the function by agency
civilian employees unless the difference in the cost of performance
of the function by a contractor compared to the cost of performance
of the function by agency civilian employees would, over all
performance periods required by the solicitation, be equal to or
exceed the lesser of--
``(i) 10 percent of the personnel-related costs for
performance of that function in the agency tender; or
``(ii) $10,000,000; and
``(G) examines the effect of performance of the function by a
contractor on the agency mission associated with the performance of
the function.
``(2) A function that is performed by the executive agency and is
reengineered, reorganized, modernized, upgraded, expanded, or changed
to become more efficient, but still essentially provides the same
service, shall not be considered a new requirement.
``(3) In no case may a function being performed by executive agency
personnel be--
``(A) modified, reorganized, divided, or in any way changed for
the purpose of exempting the conversion of the function from the
requirements of this section; or
``(B) converted to performance by a contractor to circumvent a
civilian personnel ceiling.
``(b) Requirement to Consult Employees.--(1) Each civilian employee
of an executive agency responsible for determining under Office of
Management and Budget Circular A-76 whether to convert to contractor
performance any function of the executive agency--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the management
efficiency study used in making that determination, consult with
civilian employees who will be affected by that determination and
consider the views of such employees on the development and
preparation of that statement and that study; and
``(B) may consult with such employees on other matters relating
to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section 7111 of title
5, United States Code, consultation with representatives of that labor
organization shall satisfy the consultation requirement in paragraph
(1).
``(B) In the case of employees other than employees referred to in
subparagraph (A), consultation with appropriate representatives of
those employees shall satisfy the consultation requirement in paragraph
(1).
``(C) The head of each executive agency shall prescribe regulations
to carry out this subsection. The regulations shall include provisions
for the selection or designation of appropriate representatives of
employees referred to in paragraph (2)(B) for purposes of consultation
required by paragraph (1).
``(c) Congressional Notification.--(1) Before commencing a public-
private competition under subsection (a), the head of an executive
agency shall submit to Congress a report containing the following:
``(A) The function for which such public-private competition is
to be conducted.
``(B) The location at which the function is performed by agency
civilian employees.
``(C) The number of agency civilian employee positions
potentially affected.
``(D) The anticipated length and cost of the public-private
competition, and a specific identification of the budgetary line
item from which funds will be used to cover the cost of the public-
private competition.
``(E) A certification that a proposed performance of the
function by a contractor is not a result of a decision by an
official of an executive agency to impose predetermined constraints
or limitations on such employees in terms of man years, end
strengths, full-time equivalent positions, or maximum number of
employees.
``(2) The report required under paragraph (1) shall include an
examination of the potential economic effect of performance of the
function by a contractor on--
``(A) agency civilian employees who would be affected by such a
conversion in performance; and
``(B) the local community and the Government, if more than 50
agency civilian employees perform the function.
``(3)(A) A representative individual or entity at a facility where
a public-private competition is conducted may submit to the head of the
executive agency an objection to the public-private competition on the
grounds that the report required by paragraph (1) has not been
submitted or that the certification required by paragraph (1)(E) is not
included in the report submitted as a condition for the public-private
competition. The objection shall be in writing and shall be submitted
within 90 days after the following date:
``(i) In the case of a failure to submit the report when
required, the date on which the representative individual or an
official of the representative entity authorized to pose the
objection first knew or should have known of that failure.
``(ii) In the case of a failure to include the certification in
a submitted report, the date on which the report was submitted to
Congress.
``(B) If the head of the executive agency determines that the
report required by paragraph (1) was not submitted or that the required
certification was not included in the submitted report, the function
for which the public-private competition was conducted for which the
objection was submitted may not be the subject of a solicitation of
offers for, or award of, a contract until, respectively, the report is
submitted or a report containing the certification in full compliance
with the certification requirement is submitted.
``(d) Exemption for the Purchase of Products and Services of the
Blind and Other Severely Handicapped Persons.--This section shall not
apply to a commercial or industrial type function of an executive
agency that--
``(1) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or
``(2) is planned to be changed to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped persons in accordance with that Act.
``(e) Inapplicability During War or Emergency.--The provisions of
this section shall not apply during war or during a period of national
emergency declared by the President or Congress.''.
(b) Clerical Amendment.--The table of sections in section 1(b) of
such Act is amended by adding at the end the following new item:

``Sec. 43. Public-private competition required before conversion to
contractor performance.''.

SEC. 328. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO
ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.

(a) Extension of Authority.--Section 4544 of title 10, United
States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``This authority may be used to enter into not more than eight
contracts or cooperative agreements.''; and
(2) in subsection (k), by striking ``2009'' and inserting
``2014''.
(b) Reports.--
(1) Annual report on use of authority.--The Secretary of the
Army shall submit to Congress at the same time the budget of the
President is submitted to Congress for fiscal years 2009 through
2016 under section 1105 of title 31, United States Code, a report
on the use of the authority provided under section 4544 of title
10, United States Code.
(2) Analysis of use of authority.--Not later than September 30,
2012, the Secretary of the Army shall submit to the congressional
defense committees a report assessing the advisability of making
such authority permanent and eliminating the limitation on the
number of contracts or cooperative arrangements that may be entered
into pursuant to such authority.

SEC. 329. REAUTHORIZATION AND MODIFICATION OF MULTI-TRADES
DEMONSTRATION PROJECT.

(a) Reauthorization and Expansion.--Section 338 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
U.S.C. 5013 note) is amended--
(1) by striking subsection (a) and inserting the following new
subsection (a):
``(a) Demonstration Project Authorized.--In accordance with section
4703 of title 5, United States Code, the Secretary of a military
department may carry out a demonstration project under which workers
who are certified at the journey level as able to perform multiple
trades may be promoted by one grade level. A demonstration project
under this subsection may be carried out as follows:
``(1) In the case of the Secretary of the Army, at one Army
depot.
``(2) In the case of the Secretary of the Navy, at one Navy
Fleet Readiness Center.
``(3) In the case of the Secretary of the Air Force, at one Air
Force Logistics Center.'';
(2) in subsection (b)--
(A) by striking ``a Naval Aviation Depot'' and inserting
``an Air Force Air Logistics Center, Navy Fleet Readiness
Center, or Army depot''; and
(B) by striking ``Secretary'' and inserting ``Secretary of
the military department concerned'';
(3) by striking subsection (d) and redesignating subsections
(e) through (g) as subsections (d) through (f), respectively;
(4) in subsection (d), as so redesignated, by striking ``2004
through 2006'' and inserting ``2008 through 2013'';
(5) in subsection (e), as so redesignated--
(A) by striking ``2007'' and inserting ``2014'';
(B) by inserting after ``Secretary'' the following ``of
each military department that carried out a demonstration
project under this section''; and
(C) by adding at the end the following new sentence: ``Each
such report shall include the Secretary's recommendation on
whether permanent multi-trade authority should be
authorized.''; and
(6) in subsection (f), as so redesignated--
(A) in the first sentence, by striking ``The Secretary''
and inserting ``Each Secretary who submits a report under
subsection (e)''; and
(B) in the second sentence--
(i) by striking ``receiving the report'' and inserting
``receiving a report''; and
(ii) by striking ``evaluation of the report'' and
inserting ``evaluation of that report''.
(b) Clerical Amendment.--The heading for such section is amended to
read as follows:

``SEC. 338. MULTI-TRADES DEMONSTRATION PROJECT.''.

SEC. 330. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS TO
ARMY FOR CERTAIN PRODUCT IMPROVEMENTS.

(a) In General.--Notwithstanding section 2208 of title 10, United
States Code, the Secretary of the Army may use a working-capital fund
established pursuant to that section for expenses directly related to
conducting a pilot program for a product improvement described in
subsection (b).
(b) Product Improvement.--A product improvement covered by the
pilot program is the procurement and installation of a component or
subsystem of a weapon system platform or major end item that would
improve the reliability and maintainability, extend the useful life,
enhance safety, lower maintenance costs, or provide performance
enhancement of the weapon system platform or major end item.
(c) Limitation on Certain Projects.--Funds may not be used under
subsection (a) for--
(1) any product improvement that significantly changes the
performance envelope of an end item; or
(2) any component with an estimated total cost in excess of
$1,000,000.
(d) Limitation in Fiscal Year Pending Timely Report.--If during any
fiscal year the report required by paragraph (1) of subsection (e) is
not submitted by the date specified in paragraph (3) of that
subsection, funds may not be used under subsection (a) in such fiscal
year during the period--
(1) beginning on the date specified in paragraph (3) of
subsection (e); and
(2) ending on the date of the submittal of the report under
paragraph (1) of subsection (e).
(e) Annual Report.--
(1) In general.--Each fiscal year, the Assistant Secretary of
the Army for Acquisition, Logistics, and Technology, in
consultation with the Assistant Secretary of the Army for Financial
Management and Comptroller, shall submit to the congressional
defense committees a report on the use of the authority in
subsection (a) during the preceding fiscal year.
(2) Recommendation.--In the case of the report required to be
submitted under paragraph (1) during fiscal year 2012, the report
shall include the recommendation of the Assistant Secretary of the
Army for Acquisition, Logistics, and Technology regarding whether
the authority under subsection (a) should be made permanent.
(3) Deadline for submittal.--The report required by paragraph
(1) in a fiscal year shall be submitted not later than 60 days
after the date of the submittal to Congress of the budget of the
President for the succeeding fiscal year pursuant to section 1105
of title 31, United States Code.
(f) Sunset.--The authority under subsection (a) shall expire on
October 1, 2013.

Subtitle D--Extension of Program Authorities

SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

Section 343 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (10 U.S.C. 4551 note) is amended--
(1) in subsection (a), by striking ``2008'' and inserting
``2010''; and
(2) in subsection (g)(1), by striking ``2008'' and inserting
``2010''.

SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR HELMET PADS
PURCHASED BY MEMBERS OF THE ARMED FORCES DEPLOYED IN
CONTINGENCY OPERATIONS.

(a) Extension.--Section 351 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 1857) is amended--
(1) in subsection (a)(3), by inserting before the period at the
end the following: ``, or in the case of protective helmet pads
purchased by a member from a qualified vendor for that member's
personal use, ending on September 30, 2007'';
(2) in subsection (c)--
(A) by inserting after ``Armed Forces'' the following:
``shall comply with regular Department of Defense procedures
for the submission of claims and''; and
(B) by inserting before the period at the end the
following: ``or one year after the date on which the purchase
of the protective, safety, or health equipment was made,
whichever occurs last''; and
(3) in subsection (d), by adding at the end the following new
sentence: ``Subsection (a)(1) shall not apply in the case of the
purchase of protective helmet pads on behalf of a member.''.
(b) Funding.--Amounts for reimbursements made under section 351 of
the Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 after the date of the enactment of this Act shall be derived from
supplemental appropriations for the Department of Defense for fiscal
year 2008, contingent upon such appropriations being enacted.

SEC. 343. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACT PERFORMANCE OF
SECURITY GUARD FUNCTIONS.

(a) Extension.--Subsection (c) of section 332 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law
107-314) is amended by striking ``September 30, 2009'' both places it
appears and inserting ``September 30, 2012''.
(b) Limitation for Fiscal Years 2010 Through 2012.--Subsection (d)
of such section is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting a
semicolon; and
(3) by adding at the end the following new paragraphs:
``(4) for fiscal year 2010, the number equal to 70 percent of
the total number of such personnel employed under such contracts on
October 1, 2006;
``(5) for fiscal year 2011, the number equal to 60 percent of
the total number of such personnel employed under such contracts on
October 1, 2006; and
``(6) for fiscal year 2012, the number equal to 50 percent of
the total number of such personnel employed under such contracts on
October 1, 2006.''.

Subtitle E--Reports

SEC. 351. REPORTS ON NATIONAL GUARD READINESS FOR EMERGENCIES AND MAJOR
DISASTERS.

(a) Annual Reports on Equipment.--Section 10541(b) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(9) An assessment of the extent to which the National Guard
possesses the equipment required to perform the responsibilities of
the National Guard pursuant to sections 331, 332, 333, 12304(b),
and 12406 of this title in response to an emergency or major
disaster (as such terms are defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)). Such assessment shall--
``(A) identify any shortfall in equipment provided to the
National Guard by the Department of Defense throughout the
United States and the territories and possessions of the United
States that is likely to affect the ability of the National
Guard to perform such responsibilities;
``(B) evaluate the effect of any such shortfall on the
capacity of the National Guard to perform such responsibilities
in response to an emergency or major disaster that occurs in
the United States or a territory or possession of the United
States; and
``(C) identify the requirements and investment strategies
for equipment provided to the National Guard by the Department
of Defense that are necessary to plan for a reduction or
elimination of any such shortfall.''.
(b) Inclusion of Assessment of National Guard Readiness in
Quarterly Personnel and Unit Readiness Report.--Section 482 of such
title is amended--
(1) in subsection (a), by striking ``and (e)'' and inserting
``(e), and (f)'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Readiness of National Guard to Perform Civil Support
Missions.--(1) Each report shall also include an assessment of the
readiness of the National Guard to perform tasks required to support
the National Response Plan for support to civil authorities.
``(2) Any information in an assessment under this subsection that
is relevant to the National Guard of a particular State shall also be
made available to the Governor of that State.
``(3) The Secretary shall ensure that each State Governor has an
opportunity to provide to the Secretary an independent evaluation of
that State's National Guard, which the Secretary shall include with
each assessment submitted under this subsection.''.
(c) Effective Date.--
(1) Annual report on national guard and reserve component
equipment.--The amendment made by subsection (a) shall apply with
respect to reports submitted after the date of the enactment of
this Act.
(2) Quarterly reports on personnel and unit readiness.--The
amendment made by subsection (b) shall apply with respect to the
quarterly report required under section 482 of title 10, United
States Code, for the second quarter of fiscal year 2009 and each
subsequent report required under that section.
(d) Report on Implementation.--
(1) In general.--As part of the budget justification materials
submitted to Congress in support of the budget of the President for
each of fiscal years 2009 and 2010 (as submitted under section 1105
of title 31, United States Code), the Secretary of Defense shall
submit to the congressional defense committees a report on actions
taken by the Secretary to implement the amendments made by this
section.
(2) Elements.--Each report required under paragraph (1) shall
include a description of the mechanisms to be utilized by the
Secretary for assessing the personnel, equipment, and training
readiness of the National Guard, including the standards and
measures that will be applied and mechanisms for sharing
information on such matters with the Governors of the States.

SEC. 352. ANNUAL REPORT ON PREPOSITIONED MATERIEL AND EQUIPMENT.

(a) Annual Report Required.--Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new section:

``Sec. 2229a. Annual report on prepositioned materiel and equipment

``(a) Annual Report Required.--Not later than the date of the
submission of the President's budget request for a fiscal year under
section 1105 of title 31, the Secretary of Defense shall submit to the
congressional defense committees a report on the status of the materiel
in the prepositioned stocks as of the end of the fiscal year preceding
the fiscal year during which the report is submitted. Each report shall
be unclassified and may contain a classified annex. Each report shall
include the following information:
``(1) The level of fill for major end items of equipment and
spare parts in each prepositioned set as of the end of the fiscal
year covered by the report.
``(2) The material condition of equipment in the prepositioned
stocks as of the end of such fiscal year, grouped by category or
major end item.
``(3) A list of major end items of equipment drawn from the
prepositioned stocks during such fiscal year and a description of
how that equipment was used and whether it was returned to the
stocks after being used.
``(4) A timeline for completely reconstituting any shortfall in
the prepositioned stocks.
``(5) An estimate of the amount of funds required to completely
reconstitute any shortfall in the prepositioned stocks and a
description of the Secretary's plan for carrying out such complete
reconstitution.
``(6) A list of any operations plan affected by any shortfall
in the prepositioned stocks and a description of any action taken
to mitigate any risk that such a shortfall may create.
``(b) Comptroller General Review.--(1) By not later than 120 days
after the date on which a report is submitted under subsection (a), the
Comptroller General shall review the report and, as the Comptroller
General determines appropriate, submit to the congressional defense
committees any additional information that the Comptroller General
determines will further inform such committees on issues relating to
the status of the materiel in the prepositioned stocks.
``(2) The Secretary of Defense shall ensure the full cooperation of
the Department of Defense with the Comptroller General for purposes of
the conduct of the review required by this subsection, both before and
after each report is submitted under subsection (a). The Secretary
shall conduct periodic briefings for the Comptroller General on the
information covered by each report required under subsection (a) and
provide to the Comptroller General access to the data and preliminary
results to be used by the Secretary in preparing each such report
before the Secretary submits the report to enable the Comptroller
General to conduct each review required under paragraph (1) in a timely
manner.
``(3) The requirement to conduct a review under this subsection
shall terminate on September 30, 2015.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``2229a. Annual report on prepositioned materiel and equipment.''.

SEC. 353. REPORT ON INCREMENTAL COST OF EARLY 2007 ENHANCED DEPLOYMENT.

Section 323(b)(2) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2146; 10 U.S.C.
229 note) is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) each of the military departments for the incremental
changes in reset costs resulting from the deployment and
redeployment of forces to Iraq and Afghanistan above the levels
deployed to such countries on January 1, 2007.''.

SEC. 354. MODIFICATION OF REQUIREMENTS OF COMPTROLLER GENERAL REPORT ON
THE READINESS OF ARMY AND MARINE CORPS GROUND FORCES.

(a) Submittal Date.--Subsection (a)(1) of section 345 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2156) is amended by striking ``June 1, 2007''
and inserting ``June 1, 2008''.
(b) Elements.--Subsection (b) of such section is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (7) as paragraphs
(4) through (8), respectively; and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) An assessment of the ability of the Army and Marine Corps
to provide trained and ready forces to meet the requirements of
increased force levels in support of Operation Iraqi Freedom and
Operation Enduring Freedom above such force levels in effect on
January 1, 2007, and to meet the requirements of other ongoing
operations simultaneously with such increased force levels.
``(3) An assessment of the strategic depth of the Army and
Marine Corps and their ability to provide trained and ready forces
to meet the requirements of the high-priority contingency war plans
of the regional combatant commands, including an identification and
evaluation for each such plan of--
``(A) the strategic and operational risks associated with
current and projected forces of current and projected
readiness;
``(B) the time required to make forces available and
prepare them for deployment; and
``(C) likely strategic tradeoffs necessary to meet the
requirements of each such plan.''.
(c) Department of Defense Cooperation.--Such section is further
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Department of Defense Cooperation.--The Secretary of Defense
shall ensure the full cooperation of the Department of Defense with the
Comptroller General for purposes of the preparation of the report
required by this section.''.

SEC. 355. PLAN TO IMPROVE READINESS OF GROUND FORCES OF ACTIVE AND
RESERVE COMPONENTS.

(a) Report Required.--At the same time that the budget is submitted
under section 1105(a) of title 31, United States Code, for a fiscal
year, the Secretary of Defense shall submit to the congressional
defense committees a report on improving the readiness of the ground
forces of active and reserve components of the Armed Forces. Each such
report shall include--
(1) a summary of the readiness of each reporting unit of the
ground forces of the active and reserve components and a summary of
the readiness of each major combat unit of each Armed Force by
readiness level;
(2) an identification of the extent to which the actual
readiness ratings of the active and reserve components of the Armed
Forces have been upgraded based on the judgment of commanders and
any efforts of the Secretary of Defense to analyze the trends and
implications of such upgrades;
(3) the goals of the Secretary of Defense for managing the
readiness of the ground forces of the active and reserve
components, expressed in terms of the number of units or percentage
of the force that the Secretary plans to maintain at each level of
readiness, and the Secretary's projected timeframe for achieving
each such goal;
(4) a prioritized list of items and actions to be accomplished
during the fiscal year during which the report is submitted, and
during the fiscal years covered by the future-years defense
program, that the Secretary of Defense believes are necessary to
significantly improve the readiness of the ground forces of the
active and reserve components and achieve the goals and timeframes
described in paragraph (3); and
(5) a detailed investment strategy and plan for each fiscal
year covered by the future-years defense program under section 221
of title 10, United States Code, that is submitted during the
fiscal year in which the report is submitted, that outlines the
resources required to improve the readiness of the ground forces of
the active and reserve components, including a description of how
each resource identified in such plan relates to funding requested
by the Secretary in the Secretary's annual budget, and how each
such resource will specifically enable the Secretary to achieve the
readiness goals described in paragraph (3) within the projected
timeframes.
(b) Comptroller General Review.--By not later than 60 days after
the date on which a report is submitted under subsection (a), the
Comptroller General shall review the report and, as the Comptroller
General determines appropriate, submit to the congressional defense
committees any additional information that the Comptroller General
determines will further inform the congressional defense committees on
issues relating to the readiness of the ground forces of the active and
reserve components of the Armed Forces.
(c) Termination.--The requirement to submit a report under
subsection (a) shall terminate on the date the Secretary of Defense
submits the fifth report required under that subsection.

SEC. 356. INDEPENDENT ASSESSMENT OF CIVIL RESERVE AIR FLEET VIABILITY.

(a) Independent Assessment Required.--The Secretary of Defense
shall provide for an independent assessment of the viability of the
Civil Reserve Air Fleet to be conducted by a federally-funded research
and development center selected by the Secretary.
(b) Contents of Assessment.--The assessment required by subsection
(a) shall include each of the following:
(1) An assessment of the Civil Reserve Air Fleet as of the date
of the enactment of this Act, including an assessment of--
(A) the level of increased use of commercial assets to
fulfill Department of Defense transportation requirements as a
result of the increased global mobility requirements in
response to the terrorist attacks of September 11, 2001;
(B) the extent of charter air carrier participation in
fulfilling increased Department of Defense transportation
requirements as a result of the increased global mobility
requirements in response to the terrorist attacks of September
11, 2001;
(C) any policy of the Secretary of Defense to limit the
percentage of income a single air carrier participating in the
Civil Reserve Air Fleet may earn under contracts with the
Secretary during any calendar year and the effects of such
policy on the air carrier industry in peacetime and during
periods during which the Armed Forces are deployed in support
of a contingency operation for which the Civil Reserve Air
Fleet is not activated; and
(D) any risks to the charter air carrier industry as a
result of the expansion of the industry in response to
contingency operations resulting in increased demand by the
Department of Defense.
(2) A strategic assessment of the viability of the Civil
Reserve Air Fleet that compares such viability as of the date of
the enactment of this Act with the projected viability of the Civil
Reserve Air Fleet 5, 10, and 15 years after the date of the
enactment of this Act, including for activations at each of stages
1, 2, and 3--
(A) an examination of the requirements of the Department of
Defense for the Civil Reserve Air Fleet for the support of
operational and contingency plans, including any anticipated
changes in the Department's organic airlift capacity, logistics
concepts, and personnel and training requirements;
(B) an assessment of air carrier participation in the Civil
Reserve Air Fleet; and
(C) a comparison between the requirements of the Department
described in subparagraph (A) and air carrier participation
described in subparagraph (B).
(3) An examination of any perceived barriers to Civil Reserve
Air Fleet viability, including--
(A) the operational planning system of the Civil Reserve
Air Fleet;
(B) the reward system of the Civil Reserve Air Fleet;
(C) the long-term affordability of the Aviation War Risk
Insurance Program;
(D) the effect on United States air carriers operating
overseas routes during periods of Civil Reserve Air Fleet
activation;
(E) increased foreign ownership of United States air
carriers;
(F) increased operational costs during activation as a
result of hazardous duty pay, routing delays, and
inefficiencies in cargo handling by the Department of Defense;
(G) the effect of policy initiatives by the Secretary of
Transportation to encourage international code sharing and
alliances; and
(H) the effect of limitations imposed by the Secretary of
Defense to limit commercial shipping options for certain routes
and package sizes.
(4) Recommendations for improving the Civil Reserve Air Fleet
program, including an assessment of potential incentives for
increasing participation in the Civil Reserve Air Fleet program,
including establishing a minimum annual purchase amount during
peacetime.
(c) Submission to Congress.--Upon the completion of the assessment
required under subsection (a) and by not later than April 1, 2008, the
Secretary shall submit to the congressional defense committees a report
on the assessment.
(d) Comptroller General Report.--Not later than 90 days after the
report is submitted under subsection (c), the Comptroller General shall
conduct a review of the assessment required under subsection (a).

SEC. 357. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT ON PHYSICAL
SECURITY OF DEPARTMENT OF DEFENSE INSTALLATIONS.

(a) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall submit to Congress a report on the physical security of
Department of Defense installations and resources.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An analysis of the progress in implementing requirements
under the Physical Security Program as set forth in the Department
of Defense Instruction 5200.08-R, Chapter 2 (C.2) and Chapter 3,
Section 3: Installation Access (C3.3), which mandates the policies
and minimum standards for the physical security of Department of
Defense installations and resources.
(2) Recommendations based on the findings of the Comptroller
General of the United States in the report required by section 344
of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-366; 120 Stat. 2155).
(3) Recommendations based on the lessons learned from the
thwarted plot to attack Fort Dix, New Jersey, in 2007.

SEC. 358. REVIEW OF HIGH-ALTITUDE AVIATION TRAINING.

(a) Review Required.--The Secretary of the Defense shall conduct a
review of the training requirements of the Department of Defense for
helicopter operations in high-altitude or power-limited conditions.
(b) Content.--The review required under subsection (a) shall
include an examination of--
(1) power-management and high-altitude training requirements by
military department, helicopter, and crew position;
(2) training methods and locations currently used by each of
the military departments to fulfill those training requirements;
(3) department or service regulations that prohibit or inhibit
joint-service or inter-service high-altitude aviation training;
(4) costs for each of the previous 5 years associated with
transporting aircraft to and from the High-Altitude Aviation
Training Site, Gypsum, Colorado, for training purposes;
(5) potential risk avoidance and reductions in accident rates
due to power management if training of the type offered at the
High-Altitude Aviation Training Site was required training, rather
than optional training; and
(6) potential cost savings and operational benefits, if any, of
permanently stationing no less than 4 UH-60, 2 CH-47, and 2 LUH-72
aircraft at the High-Altitude Aviation Training Site, Gypsum,
Colorado.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the conduct and findings of the review
required under subsection (a) along with a summary of changes to
policy, regulation, or asset allocation necessary to ensure that
Department of Defense helicopter aircrews are adequately trained in
high-altitude or power-limited flying conditions prior to being exposed
to such conditions operationally.

SEC. 359. REPORTS ON SAFETY MEASURES AND ENCROACHMENT ISSUES AND MASTER
PLAN FOR WARREN GROVE GUNNERY RANGE, NEW JERSEY.

(a) Annual Report on Safety Measures.--Not later than March 1,
2008, and annually thereafter for 2 additional years, the Secretary of
the Air Force shall submit to the congressional defense committees a
report on efforts made by all of the military departments utilizing the
Warren Grove Gunnery Range, New Jersey, to provide the highest level of
safety.
(b) Master Plan for Warren Grove Gunnery Range.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit
to the congressional defense committees a master plan for Warren
Grove Gunnery Range.
(2) Content.--The master plan required under paragraph (1)
shall include measures to mitigate encroachment of the Warren Grove
Gunnery Range, taking into consideration military mission
requirements, land use plans, the surrounding community, the
economy of the region, and protection of the environment and public
health, safety, and welfare.
(3) Input.--In establishing the master plan required under
paragraph (1), the Secretary shall seek input from relevant
stakeholders at the Federal, State, and local level.

SEC. 360. REPORT ON SEARCH AND RESCUE CAPABILITIES OF THE AIR FORCE IN
THE NORTHWESTERN UNITED STATES.

(a) Report.--Not later than April 1, 2008, the Secretary of the Air
Force shall submit to the appropriate congressional committees a report
on the search and rescue capabilities of the Air Force in the
northwestern United States.
(b) Content.--The report required under subsection (a) shall
include the following:
(1) An assessment of the search and rescue capabilities
required to support Air Force operations and training.
(2) A description of the compliance of the Air Force with the
1999 United States National Search and Rescue Plan (referred to
hereinafter in this section as the ``NSRP'') for Washington,
Oregon, Idaho, and Montana.
(3) An inventory and description of the search and rescue
assets of the Air Force that are available to meet the requirements
of the NSRP.
(4) A description of the use of such search and rescue assets
during the 3-year period preceding the date when the report is
submitted.
(5) The plans of the Air Force to meet current and future
search and rescue requirements in the northwestern United States,
including plans that take into consideration requirements related
to support for both Air Force operations and training and
compliance with the NSRP.
(6) An inventory of other search and rescue capabilities
equivalent to such capabilities provided by the Air Force that may
be provided by other Federal, State, or local agencies in the
northwestern United States.
(c) Use of Report for Purposes of Certification Regarding Search
and Rescue Capabilities.--Section 1085 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2065; 10 U.S.C. 113 note) is amended by striking ``unless the
Secretary first certifies'' and inserting ``unless the Secretary, after
reviewing the search and rescue capabilities report prepared by the
Secretary of the Air Force under subsection (a), first certifies''.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, the Committee on Commerce,
Science, and Transportation, the Committee on Energy and Natural
Resources, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Homeland
Security, the Committee on Energy and Commerce, the Committee on
Natural Resources, and the Committee on Appropriations of the House
of Representatives.

SEC. 361. REPORT AND MASTER INFRASTRUCTURE RECAPITALIZATION PLAN FOR
CHEYENNE MOUNTAIN AIR STATION, COLORADO.

(a) Report on Relocation of North American Aerospace Defense
Command Center.--
(1) In general.--Not later than March 1, 2008, the Secretary of
Defense shall submit to Congress a report on the relocation of the
North American Aerospace Defense Command center and related
functions from Cheyenne Mountain Air Station, Colorado, to Peterson
Air Force Base, Colorado.
(2) Content.--The report required under paragraph (1) shall
include--
(A) an analysis comparing the total costs associated with
the relocation, including costs determined as part of ongoing
security-related studies of the relocation, to anticipated
operational benefits from the relocation;
(B) a detailed explanation of the backup functions that
will remain located at Cheyenne Mountain Air Station, and how
such functions planned to be transferred out of Cheyenne
Mountain Air Station, including the Space Operations Center,
will maintain operational connectivity with their related
commands and relevant communications centers;
(C) the final plans for the relocation of the North
American Aerospace Defense Command center and related
functions; and
(D) the findings and recommendations of an independent
security and vulnerability assessment of Peterson Air Force
Base carried out by Sandia National Laboratory for the United
States Air Force Space Command and the Secretary's plans for
mitigating any security and vulnerability risks identified as
part of that assessment and associated cost and schedule
estimates.
(b) Limitation on Availability of Funds Pending Receipt of
Report.--Of the funds appropriated pursuant to an authorization of
appropriations or otherwise made available for fiscal year 2008 for
operation and maintenance for the Air Force that are available for the
Cheyenne Mountain Transformation project, $5,000,000 may not be
obligated or expended until Congress receives the report required under
subsection (a).
(c) Comptroller General Review.--Not later than 120 days after the
date on which the Secretary of Defense submits the report required
under subsection (a), the Comptroller General shall submit to Congress
a review of the report and the final plans of the Secretary for the
relocation of the North American Aerospace Defense Command center and
related functions.
(d) Master Infrastructure Recapitalization Plan.--
(1) In general.--Not later than March 16, 2008, the Secretary
of the Air Force shall submit to Congress a master infrastructure
recapitalization plan for Cheyenne Mountain Air Station.
(2) Content.--The plan required under paragraph (1) shall
include--
(A) a description of the projects that are needed to
improve the infrastructure required for supporting missions
associated with Cheyenne Mountain Air Station; and
(B) a funding plan explaining the expected timetable for
the Air Force to support such projects.

Subtitle F--Other Matters

SEC. 371. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION FUNCTIONS
WITHIN DEPARTMENT OF DEFENSE.

(a) Office of Corrosion Policy and Oversight.--
(1) In general.--Section 2228 of title 10, United States Code,
is amended by striking the section heading and subsection (a) and
inserting the following:

``Sec. 2228. Office of Corrosion Policy and Oversight

``(a) Office and Director.--(1) There is an Office of Corrosion
Policy and Oversight within the Office of the Under Secretary of
Defense for Acquisition, Technology, and Logistics.
``(2) The Office shall be headed by a Director of Corrosion Policy
and Oversight, who shall be assigned to such position by the Under
Secretary from among civilian employees of the Department of Defense
with the qualifications described in paragraph (3). The Director is
responsible in the Department of Defense to the Secretary of Defense
(after the Under Secretary of Defense for Acquisition, Technology, and
Logistics) for the prevention and mitigation of corrosion of the
military equipment and infrastructure of the Department of Defense. The
Director shall report directly to the Under Secretary.
``(3) In order to qualify to be assigned to the position of
Director, an individual shall--
``(A) have management expertise in, and professional experience
with, corrosion project and policy implementation, including an
understanding of the effects of corrosion policies on
infrastructure; research, development, test, and evaluation; and
maintenance; and
``(B) have an understanding of Department of Defense budget
formulation and execution, policy formulation, and planning and
program requirements.
``(4) The Secretary of Defense shall designate the position of
Director as a critical acquisition position under section 1733(b)(1)(C)
of this title.''.
(2) Conforming amendments.--Section 2228(b) of such title is
amended--
(A) in paragraph (1), by striking ``official or
organization designated under subsection (a)'' and inserting
``Director of Corrosion Policy and Oversight (in this section
referred to as the `Director')''; and
(B) in paragraphs (2), (3), (4), and (5), by striking
``designated official or organization'' and inserting
``Director''.
(b) Additional Authority for Director of Office.--Section 2228 of
such title is further amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Additional Authorities for Director.--The Director is
authorized to--
``(1) develop, update, and coordinate corrosion training with
the Defense Acquisition University;
``(2) participate in the process within the Department of
Defense for the development of relevant directives and
instructions; and
``(3) interact directly with the corrosion prevention industry,
trade associations, other government corrosion prevention agencies,
academic research and educational institutions, and scientific
organizations engaged in corrosion prevention, including the
National Academy of Sciences.''.
(c) Inclusion of Cooperative Research Agreements as Part of
Corrosion Reduction Strategy.--Subsection (d)(2)(D) of section 2228 of
such title, as redesignated by subsection (b), is amended by inserting
after ``operational strategies'' the following: ``, including through
the establishment of memoranda of agreement, joint funding agreements,
public-private partnerships, university research and education centers,
and other cooperative research agreements''.
(d) Report Requirement.--Section 2228 of such title is further
amended by inserting after subsection (d) (as redesignated by
subsection (b)) the following new subsection:
``(e) Report.--(1) For each budget for a fiscal year, beginning
with the budget for fiscal year 2009, the Secretary of Defense shall
submit, with the defense budget materials, a report on the following:
``(A) Funding requirements for the long-term strategy developed
under subsection (d).
``(B) The return on investment that would be achieved by
implementing the strategy.
``(C) The funds requested in the budget compared to the funding
requirements.
``(D) An explanation if the funding requirements are not fully
funded in the budget.
``(2) Within 60 days after submission of the budget for a fiscal
year, the Comptroller General shall provide to the congressional
defense committees--
``(A) an analysis of the budget submission for corrosion
control and prevention by the Department of Defense; and
``(B) an analysis of the report required under paragraph
(1).''.
(e) Definitions.--Subsection (f) of section 2228 of such title, as
redesignated by subsection (b), is amended by adding at the end the
following new paragraphs:
``(4) 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.
``(5) 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.''.
(f) Clerical Amendment.--The table of sections at the beginning of
chapter 131 of such title is amended by striking the item relating to
section 2228 and inserting the following new item:

``2228. Office of Corrosion Policy and Oversight.''.

SEC. 372. AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE SUPPORT FOR
CERTAIN SPORTING EVENTS.

(a) Provision of Support.--Section 2564 of title 10, United States
Code, is amended--
(1) in subsection (c), by adding at the end the following new
paragraphs:
``(4) A sporting event sanctioned by the United States Olympic
Committee through the Paralympic Military Program.
``(5) Any national or international paralympic sporting event
(other than a sporting event described in paragraphs (1) through
(4))--
``(A) that--
``(i) is held in the United States or any of its
territories or commonwealths;
``(ii) is governed by the International Paralympic
Committee; and
``(iii) is sanctioned by the United States Olympic
Committee;
``(B) for which participation exceeds 100 amateur athletes;
and
``(C) in which at least 10 percent of the athletes
participating in the sporting event are members or former
members of the armed forces who are participating in the
sporting event based upon an injury or wound incurred in the
line of duty in the armed force and veterans who are
participating in the sporting event based upon a service-
connected disability.''; and
(2) by adding at the end the following new subsection:
``(g) Funding for Support of Certain Events.--(1) Amounts for the
provision of support for a sporting event described in paragraph (4) or
(5) of subsection (c) may be derived from the Support for International
Sporting Competitions, Defense account established by section 5802 of
the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208;
10 U.S.C. 2564 note), notwithstanding any limitation under that section
relating to the availability of funds in such account for the provision
of support for international sporting competitions.
``(2) The total amount expended for any fiscal year to provide
support for sporting events described in subsection (c)(5) may not
exceed $1,000,000.''.
(b) Source of Funds.--Section 5802 of the Omnibus Consolidated
Appropriations Act, 1997 (Public Law 104-208; 10 U.S.C. 2564 note) is
amended--
(1) by inserting after ``international sporting competitions''
the following: ``and for support of sporting competitions
authorized under section 2564(c)(4) and (5), of title 10, United
States Code,''; and
(2) by striking ``45 days'' and inserting ``15 days''.

SEC. 373. AUTHORITY TO IMPOSE REASONABLE RESTRICTIONS ON PAYMENT OF
FULL REPLACEMENT VALUE FOR LOST OR DAMAGED PERSONAL
PROPERTY TRANSPORTED AT GOVERNMENT EXPENSE.

Section 2636a(d) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``The regulations may
include a requirement that a member of the armed forces or civilian
employee of the Department of Defense comply with reasonable
restrictions or conditions prescribed by the Secretary in order to
receive the full amount deducted under subsection (b).''.

SEC. 374. PRIORITY TRANSPORTATION ON DEPARTMENT OF DEFENSE AIRCRAFT OF
RETIRED MEMBERS RESIDING IN COMMONWEALTHS AND POSSESSIONS
OF THE UNITED STATES FOR CERTAIN HEALTH CARE SERVICES.

(a) Availability of Transportation.--Chapter 157 of title 10,
United States Code, is amended by inserting after section 2641a the
following new section:

``Sec. 2641b. Space-available travel on Department of Defense aircraft:
retired members residing in Commonwealths and possessions
of the United States for certain health care services

``(a) Priority Transportation.--The Secretary of Defense shall
provide transportation on Department of Defense aircraft on a space-
available basis for any member or former member of the uniformed
services described in subsection (b), and a single dependent of the
member if needed to accompany the member, at a priority level in the
same category as the priority level for an unaccompanied dependent over
the age of 18 traveling on environmental and morale leave.
``(b) Eligible Members and Former Members.--A member or former
member eligible for priority transport under subsection (a) is a
covered beneficiary under chapter 55 of this title who--
``(1) is entitled to retired or retainer pay;
``(2) resides in or is located in a Commonwealth or possession
of the United States; and
``(3) is referred by a military or civilian primary care
provider located in that Commonwealth or possession to a specialty
care provider for services to be provided outside of that
Commonwealth or possession.
``(c) Scope of Priority.--The increased priority for space-
available transportation required by subsection (a) applies with
respect to both--
``(1) the travel from the Commonwealth or possession of the
United States to receive the specialty care services; and
``(2) the return travel.
``(d) Definitions.--In this section, the terms `primary care
provider' and `specialty care provider' refer to a medical or dental
professional who provides health care services under chapter 55 of this
title.
``(e) Regulations.--The Secretary of Defense shall prescribe
regulations to implement this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2641a the following new item:

``2641b. Space-available travel on Department of Defense aircraft:
retired members residing in Commonwealths and possessions of
the United States for certain health care services.''.

SEC. 375. RECOVERY OF MISSING MILITARY PROPERTY.

(a) In General.--Chapter 165 of title 10, United States Code, is
amended by adding at the end the following new sections:

``Sec. 2788. Property accountability: regulations

``The Secretary of a military department may prescribe regulations
for the accounting for the property of that department and the fixing
of responsibility for that property.

``Sec. 2789. Individual equipment: unauthorized disposition

``(a) Prohibition.--No member of the armed forces may sell, lend,
pledge, barter, or give any clothing, arms, or equipment furnished to
such member by the United States to any person other than a member of
the armed forces or an officer of the United States who is authorized
to receive it.
``(b) Seizure of Improperly Disposed Property.--If a member of the
armed forces has disposed of property in violation of subsection (a)
and the property is in the possession of a person who is neither a
member of the armed forces nor an officer of the United States who is
authorized to receive it, that person has no right to or interest in
the property, and any civil or military officer of the United States
may seize the property, wherever found, subject to applicable
regulations. Possession of such property furnished by the United States
to a member of the armed forces by a person who is neither a member of
the armed forces, nor an officer of the United States, is prima facie
evidence that the property has been disposed of in violation of
subsection (a).
``(c) Delivery of Seized Property.--If an officer who seizes
property under subsection (b) is not authorized to retain it for the
United States, the officer shall deliver the property to a person who
is authorized to retain it.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:

``2788. Property accountability: regulations.
``2789. Individual equipment: unauthorized disposition.''.

(c) Conforming Amendments.--
(1) In general.--Such title is further amended by striking the
following sections:
(A) Section 4832.
(B) Section 4836.
(C) Section 9832.
(D) Section 9836.
(2) Clerical amendments.--
(A) Chapter 453.--The table of sections at the beginning of
chapter 453 of such title is amended by striking the items
relating to sections 4832 and 4836.
(B) Chapter 953.--The table of sections at the beginning of
chapter 953 of such title is amended by striking the items
relating to sections 9832 and 9836.

SEC. 376. RETENTION OF COMBAT UNIFORMS BY MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS.

(a) Retention of Combat Uniforms.--Chapter 152 of title 10, United
States Code, is amended by adding at the end the following new section:

``Sec. 2568. Retention of combat uniforms by members deployed in
support of contingency operations

``The Secretary of a military department may authorize a member of
the armed forces under the jurisdiction of the Secretary who has been
deployed in support of a contingency operation for at least 30 days to
retain, after that member is no longer so deployed, the combat uniform
issued to that member as organizational clothing and individual
equipment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``2568. Retention of combat uniforms by members deployed in support of
contingency operations.''.

SEC. 377. ISSUE OF SERVICEABLE MATERIAL OF THE NAVY OTHER THAN TO ARMED
FORCES.

(a) In General.--Part IV of subtitle C of title 10, United States
Code, is amended by adding at the end the following new chapter:

``CHAPTER 667--ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES

``Sec.
``7911. Arms, tentage, and equipment: educational institutions not
maintaining units of R.O.T.C.
``7912. Rifles and ammunition for target practice: educational
institutions having corps of midshipmen.
``7913. Supplies: military instruction camps.

``Sec. 7911. Arms, tentage, and equipment: educational institutions not
maintaining units of R.O.T.C.

``Under such conditions as he may prescribe, the Secretary of the
Navy may issue arms, tentage, and equipment that the Secretary
considers necessary for proper military training, to any educational
institution at which no unit of the Reserve Officers' Training Corps is
maintained, but which has a course in military training prescribed by
the Secretary and which has at least 50 physically fit students over 14
years of age.

``Sec. 7912. Rifles and ammunition for target practice: educational
institutions having corps of midshipmen

``(a) Authority To Lend.--The Secretary of the Navy may lend,
without expense to the United States, magazine rifles and appendages
that are not of the existing service models in use at the time and that
are not necessary for a proper reserve supply, to any educational
institution having a uniformed corps of midshipmen of sufficient number
for target practice. The Secretary may also issue 40 rounds of ball
cartridges for each midshipman for each range at which target practice
is held, but not more than 120 rounds each year for each midshipman
participating in target practice.
``(b) Responsibilities of Institutions.--The institutions to which
property is lent under subsection (a) shall--
``(1) use the property for target practice;
``(2) take proper care of the property; and
``(3) return the property when required.
``(c) Regulations.--The Secretary of the Navy shall prescribe
regulations to carry out this section, containing such other
requirements as he considers necessary to safeguard the interests of
the United States.

``Sec. 7913. Supplies: military instruction camps

``Under such conditions as he may prescribe, the Secretary of the
Navy may issue, to any educational institution at which an officer of
the naval service is detailed as professor of naval science, such
supplies as are necessary to establish and maintain a camp for the
military instruction of its students. The Secretary shall require a
bond in the value of the property issued under this section, for the
care and safekeeping of that property and except for property properly
expended, for its return when required.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle C of such title, and the table of chapters at the beginning of
part IV of such subtitle, are each amended by inserting after the item
relating to chapter 665 the following new item:

``667. Issue of serviceable material other than to Armed Forces.7911.''.

SEC. 378. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM.

Section 44310 of title 49, United States Code, is amended by
striking ``March 30, 2008'' and inserting ``December 31, 2013''.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Subtitle B--Reserve Forces

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

(a) In General.--The Armed Forces are authorized strengths for
active duty personnel as of September 30, 2008, as follows:
(1) The Army, 525,400.
(2) The Navy, 329,098.
(3) The Marine Corps, 189,000.
(4) The Air Force, 329,563.
(b) Limitation.--
(1) Army.--The authorized strength for the Army provided in
paragraph (1) of subsection (a) for active duty personnel for
fiscal year 2008 is subject to the condition that costs of active
duty personnel of the Army for that fiscal year in excess of
489,400 shall be paid out of funds authorized to be appropriated
for that fiscal year by section 1514.
(2) Marine corps.--The authorized strength for the Marine Corps
provided in paragraph (3) of subsection (a) for active duty
personnel for fiscal year 2008 is subject to the condition that
costs of active duty personnel of the Marine Corps for that fiscal
year in excess of 180,000 shall be paid out of funds authorized to
be appropriated for that fiscal year by section 1514.

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.

Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 525,400.
``(2) For the Navy, 328,400.
``(3) For the Marine Corps, 189,000.
``(4) For the Air Force, 328,600.''.

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND MARINE CORPS
ACTIVE DUTY END STRENGTHS FOR FISCAL YEARS 2009 AND 2010.

(a) Authority to Increase Army Active Duty End Strengths.--For each
of fiscal years 2009 and 2010, the Secretary of Defense may, as the
Secretary determines necessary for the purposes described in subsection
(c), establish the active-duty end strength for the Army at a number
greater than the number otherwise authorized by law up to the number
equal to the fiscal-year 2008 baseline plus 22,000.
(b) Marine Corps.--For each of fiscal years 2009 and 2010, the
Secretary of Defense may, as the Secretary determines necessary for the
purposes described in subsection (c), establish the active-duty end
strength for the Marine Corps at a number greater than the number
otherwise authorized by law up to the number equal to the fiscal-year
2008 baseline plus 13,000.
(c) Purpose of Increases.--The purposes for which increases may be
made in Army and Marine Corps active duty end strengths under this
section are--
(1) to support operational missions; and
(2) to achieve transformational reorganization objectives,
including objectives for increased numbers of combat brigades and
battalions, increased unit manning, force stabilization and
shaping, and rebalancing of the active and reserve component
forces.
(d) Relationship to Presidential Waiver Authority.--Nothing in this
section shall be construed to limit the President's authority under
section 123a of title 10, United States Code, to waive any statutory
end strength in a time of war or national emergency.
(e) Relationship to Other Variance Authority.--The authority under
this section is in addition to the authority to vary authorized end
strengths that is provided in subsections (e) and (f) of section 115 of
title 10, United States Code.
(f) Budget Treatment.--
(1) Fiscal years 2009 and 2010 budgets.--The budget for the
Department of Defense for fiscal years 2009 and 2010 as submitted
to Congress shall comply, with respect to funding, with subsections
(c) and (d) of section 691 of title 10, United States Code.
(2) Other increases.--If the Secretary of Defense plans to
increase the Army or Marine Corps active duty end strength for a
fiscal year under this section, then the budget for the Department
of Defense for that fiscal year as submitted to Congress shall
include the amounts necessary for funding that active duty end
strength in excess of the fiscal year 2008 active duty end strength
authorized for that service under section 401.
(g) Definitions.--In this section:
(1) Fiscal-year 2008 baseline.--The term ``fiscal-year 2008
baseline'', with respect to the Army and Marine Corps, means the
active-duty end strength authorized for those services in section
401.
(2) Active-duty end strength.--In this subsection, the term
``active-duty end strength'' means the strength for active-duty
personnel of one of the Armed Forces as of the last day of a fiscal
year.
(h) Repeal of Other Discretionary Authority to Temporarily Increase
Army and Marine Corps Active Duty End Strengths.--Section 403 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 10 U.S.C. 115 note), as amended by section
403 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2169), is repealed.

SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE
DUTY IN THE GRADE OF MAJOR.

The portion of the table in section 523(a)(1) of title 10, United
States Code, relating to the Army is amended to read as follows:

------------------------------------------------------------------------
``Total number of commissioned Number of officers who may be serving on
officers (excluding officers active duty in grade of:
in categories specified in -----------------------------------------
subsection (b)) on active Lieutenant
duty: Major Colonel Colonel
------------------------------------------------------------------------
Army:
20,000 7,768 5,253 1,613
25,000 8,689 5,642 1,796
30,000 9,611 6,030 1,980
35,000 10,532 6,419 2,163
40,000 11,454 6,807 2,347
45,000 12,375 7,196 2,530
50,000 13,297 7,584 2,713
55,000 14,218 7,973 2,897
60,000 15,140 8,361 3,080
65,000 16,061 8,750 3,264
70,000 16,983 9,138 3,447
75,000 17,903 9,527 3,631
80,000 18,825 9,915 3,814
85,000 19,746 10,304 3,997
90,000 20,668 10,692 4,181
95,000 21,589 11,081 4,364
100,000 22,511 11,469 4,548
110,000 24,354 12,246 4,915
120,000 26,197 13,023 5,281
130,000 28,040 13,800 5,648
170,000 35,412 16,908 7,116''.
------------------------------------------------------------------------

SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE
DUTY IN THE GRADES OF LIEUTENANT COMMANDER, COMMANDER,
AND CAPTAIN.

The table in section 523(a)(2) of title 10, United States Code, is
amended to read as follows:

------------------------------------------------------------------------
``Total number of commissioned Number of officers who may be serving on
officers (excluding officers active duty in grade of:
in categories specified in -----------------------------------------
subsection (b)) on active Lieutenant
duty: Commander Commander Captain
------------------------------------------------------------------------
Navy:
30,000 7,698 5,269 2,222
33,000 8,189 5,501 2,334
36,000 8,680 5,733 2,447
39,000 9,172 5,965 2,559
42,000 9,663 6,197 2,671
45,000 10,155 6,429 2,784
48,000 10,646 6,660 2,896
51,000 11,136 6,889 3,007
54,000 11,628 7,121 3,120
57,000 12,118 7,352 3,232
60,000 12,609 7,583 3,344
63,000 13,100 7,813 3,457
66,000 13,591 8,044 3,568
70,000 14,245 8,352 3,718
90,000 17,517 9,890 4,467''.
------------------------------------------------------------------------

SEC. 406. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER OF MEMBERS IN
PAY GRADE E-9.

Section 517(a) of title 10, United States Code, is amended by
striking ``1 percent'' and inserting ``1.25 percent''.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2008, as follows:
(1) The Army National Guard of the United States, 351,300.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 67,800.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 67,500.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on
active duty (other than for training) at the end of the fiscal
year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.

Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2008, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 29,204.
(2) The Army Reserve, 15,870.
(3) The Navy Reserve, 11,579.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,936.
(6) The Air Force Reserve, 2,721.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

The minimum number of military technicians (dual status) as of the
last day of fiscal year 2008 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 8,249.
(2) For the Army National Guard of the United States, 26,502.
(3) For the Air Force Reserve, 9,909.
(4) For the Air National Guard of the United States, 22,553.

SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.

(a) Limitations.--
(1) National guard.--Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-dual
status technicians employed by the National Guard as of September
30, 2008, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) Army reserve.--The number of non-dual status technicians
employed by the Army Reserve as of September 30, 2008, may not
exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September 30,
2008, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2008, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.

SEC. 416. FUTURE AUTHORIZATIONS AND ACCOUNTING FOR CERTAIN RESERVE
COMPONENT PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY OR
FULL-TIME NATIONAL GUARD DUTY TO PROVIDE OPERATIONAL
SUPPORT.

(a) Review of Operational Support Missions Performed by Certain
Reserve Component Personnel.--
(1) Review required.--The Secretary of Defense shall conduct a
review of the long-term operational support missions performed by
members of the reserve components authorized under section 115(b)
of title 10, United States Code, to be on active duty or full-time
National Guard duty for the purpose of providing operational
support, with the objectives of such review being--
(A) minimizing the number of reserve component members who
perform such service for a period greater than 1,095
consecutive days, or cumulatively for 1,095 days out of the
previous 1,460 days; and
(B) determining which long-term operational support
missions being performed by such members would more
appropriately be performed by members of the Armed Forces on
active duty under other provisions of title 10, United States
Code, or by full-time support personnel of reserve components.
(2) Submission of results.--Not later than March 1, 2008, the
Secretary shall submit to Congress the results of the review,
including a description of the adjustments in Department of Defense
policy to be implemented as a result of the review and such
recommendations for changes in statute, as the Secretary considers
to be appropriate.
(b) Improved Accounting for Reserve Component Personnel Providing
Operational Support.--Section 115(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(4) As part of the budget justification materials submitted by
the Secretary of Defense to Congress in support of the end strength
authorizations required under subparagraphs (A) and (B) of subsection
(a)(1) for fiscal year 2009 and each fiscal year thereafter, the
Secretary shall provide the following:
``(A) The number of members, specified by reserve component,
authorized under subparagraphs (A) and (B) of paragraph (1) who
were serving on active duty or full-time National Guard duty for
operational support beyond each of the limits specified under
subparagraphs (A) and (B) of paragraph (2) at the end of the fiscal
year preceding the fiscal year for which the budget justification
materials are submitted.
``(B) The number of members, specified by reserve component, on
active duty for operational support who, at the end of the fiscal
year for which the budget justification materials are submitted,
are projected to be serving on active duty or full-time National
Guard duty for operational support beyond such limits.
``(C) The number of members, specified by reserve component, on
active duty or full-time National Guard duty for operational
support who are included in, and counted against, the end strength
authorizations requested under subparagraphs (A) and (B) of
subsection (a)(1).
``(D) A summary of the missions being performed by members
identified under subparagraphs (A) and (B).''.

SEC. 417. REVISION OF VARIANCES AUTHORIZED FOR SELECTED RESERVE END
STRENGTHS.

Section 115(f)(3) of title 10, United States Code, is amended by
striking ``2 percent'' and inserting ``3 percent''.

Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2008 a total of
$117,091,420,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2008.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Subtitle B--Reserve Component Management

Subtitle C--Education and Training

Subtitle D--Military Justice and Legal Assistance Matters

Subtitle E--Military Leave

Sec. 551. Temporary enhancement of carryover of accumulated leave for
members of the Armed Forces.
Sec. 552. Enhancement of rest and recuperation leave.

Subtitle F--Decorations and Awards

Subtitle G--Impact Aid and Defense Dependents Education System

Sec. 571. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. Inclusion of dependents of non-department of Defense employees
employed on Federal property in plan relating to force
structure changes, relocation of military units, or base
closures and realignments.
Sec. 574. Payment of private boarding school tuition for military
dependents in overseas areas not served by defense dependents'
education system schools.

Subtitle H--Military Families

Subtitle I--Other Matters

Subtitle A--Officer Personnel Policy

SEC. 501. ASSIGNMENT OF OFFICERS TO DESIGNATED POSITIONS OF IMPORTANCE
AND RESPONSIBILITY.

(a) Continuation in Grade While Awaiting Orders.--Section 601(b) of
title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) at the discretion of the Secretary of Defense, while the
officer is awaiting orders after being relieved from the position
designated under subsection (a) or by law to carry one of those
grades, but not for more than 60 days beginning on the day the
officer is relieved from the position, unless, during such period,
the officer is placed under orders to another position designated
under subsection (a) or by law to carry one of those grades, in
which case paragraph (2) will also apply to the officer; and''.
(b) Conforming Amendment Regarding General and Flag Officer
Ceilings.--Section 525(e) of such title is amended by striking
paragraph (2) and inserting the following new paragraph:
``(2) At the discretion of the Secretary of Defense, an officer
of that armed force who has been relieved from a position
designated under section 601(a) of this title or by law to carry
one of the grades specified in such section, but only during the
60-day period beginning on the date on which the assignment of the
officer to the first position is terminated or until the officer is
assigned to a second such position, whichever occurs first.''.

SEC. 502. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG OFFICERS TO
SERVE ON ACTIVE DUTY.

Section 526(d) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The limitations''; and
(2) by adding at the end the following new paragraph:
``(2) The limitations of this section also do not apply to a
number, as specified by the Secretary of the military department
concerned, of reserve component general or flag officers authorized to
serve on active duty for a period of not more than 365 days. The number
so specified for an armed force may not exceed the number equal to 10
percent of the authorized number of general or flag officers, as the
case may be, of that armed force under section 12004 of this title. In
determining such number, any fraction shall be rounded down to the next
whole number, except that such number shall be at least one.''.

SEC. 503. INCREASE IN YEARS OF COMMISSIONED SERVICE THRESHOLD FOR
DISCHARGE OF PROBATIONARY OFFICERS AND FOR USE OF FORCE
SHAPING AUTHORITY.

(a) Active-Duty List Officers.--
(1) Extended probationary period.--Paragraph (1)(A) of section
630 of title 10, United States Code, is amended by striking ``five
years'' and inserting ``six years''.
(2) Section heading.--The heading of such section is amended by
striking ``five years'' and inserting ``six years''.
(3) Table of sections.--The item relating to such section in
the table of sections at the beginning of subchapter III of chapter
36 of such title is amended to read as follows:
``630. Discharge of commissioned officers with less than six years of
active commissioned service or found not qualified for
promotion for first lieutenant or lieutenant (junior
grade).''.
(b) Officer Force Shaping Authority.--Section 647(b)(1) of such
title is amended by striking ``5 years'' both places it appears and
inserting ``six years''.
(c) Reserve Officers.--
(1) Extended probationary period.--Subsection (a)(1) of section
14503 of such title is amended by striking ``five years'' and
inserting ``six years''.
(2) Section heading.--The heading of such section is amended by
striking ``five years'' and inserting ``six years''.
(3) Table of sections.--The item relating to such section in
the table of sections at the beginning of chapter 1407 of such
title is amended to read as follows:
``14503. Discharge of officers with less than six years of commissioned
service or found not qualified for promotion to first
lieutenant or lieutenant (junior grade).''.

SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL AND FLAG
OFFICERS CONTINUED ON ACTIVE DUTY.

Section 637(b)(3) of title 10, United States Code, is amended by
striking ``but such period may not (except as provided under section
1251(b) of this title) extend beyond the date of the officer's sixty-
second birthday'' and inserting ``except as provided under section 1251
or 1253 of this title''.

SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE OBLIGATION FOR
INITIAL APPOINTMENTS OF OFFICERS IN CRITICALLY SHORT
HEALTH PROFESSIONAL SPECIALTIES.

Section 651 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) For the armed forces under the jurisdiction of the
Secretary of Defense, the Secretary may waive the initial period of
required service otherwise established pursuant to subsection (a) in
the case of the initial appointment of a commissioned officer in a
critically short health professional specialty specified by the
Secretary for purposes of this subsection.
``(2) The minimum period of obligated service for an officer under
a waiver under this subsection shall be the greater of--
``(A) two years; or
``(B) in the case of an officer who has accepted an accession
bonus or executed a contract or agreement for the multiyear receipt
of special pay for service in the armed forces, the period of
obligated service specified in such contract or agreement.''.

SEC. 506. EXPANSION OF AUTHORITY FOR REENLISTMENT OF OFFICERS IN THEIR
FORMER ENLISTED GRADE.

(a) Regular Army.--Section 3258 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``a Reserve officer'' and inserting ``an
officer''; and
(B) by striking ``a temporary appointment'' and inserting
``an appointment''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``a Reserve officer'' and
inserting ``an officer''; and
(B) in paragraph (2), by striking ``the Reserve
commission'' and inserting ``the commission''.
(b) Regular Air Force.--Section 8258 of such title is amended--
(1) in subsection (a)--
(A) by striking ``a reserve officer'' and inserting ``an
officer''; and
(B) by striking ``a temporary appointment'' and inserting
``an appointment''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``a Reserve officer'' and
inserting ``an officer''; and
(B) in paragraph (2), by striking ``the Reserve
commission'' and inserting ``the commission''.

SEC. 507. INCREASE IN AUTHORIZED NUMBER OF PERMANENT PROFESSORS AT THE
UNITED STATES MILITARY ACADEMY.

Paragraph (4) of section 4331(b) of title 10, United States Code,
is amended to read as follows:
``(4) Twenty-eight permanent professors.''.

SEC. 508. PROMOTION OF CAREER MILITARY PROFESSORS OF THE NAVY.

(a) Promotion.--
(1) In general.--Chapter 603 of title 10, United States Code,
is amended--
(A) by redesignating section 6970 as section 6970a; and
(B) by inserting after section 6969 the following new
section 6970:

``Sec. 6970. Permanent professors: promotion

``(a) Promotion.--An officer serving as a permanent professor may
be recommended for promotion to the grade of captain or colonel, as the
case may be, under regulations prescribed by the Secretary of the Navy.
The regulations shall include a competitive selection board process to
identify those permanent professors best qualified for promotion. An
officer so recommended shall be promoted by appointment to the higher
grade by the President, by and with the advice and consent of the
Senate.
``(b) Effective Date of Promotion.--If made, the promotion of an
officer under subsection (a) shall be effective not earlier than three
years after the selection of the officer as a permanent professor as
described in that subsection.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by striking the item relating to section
6970 and inserting the following new items:

``6970. Permanent professors: promotion.
``6970a. Permanent professors: retirement for years of service;
authority for deferral.''.
(b) Conforming Amendments.--Section 641(2) of such title is
amended--
(1) by striking ``and the registrar'' and inserting ``, the
registrar''; and
(2) by inserting before the period at the end the following:
``, and permanent professors of the Navy (as defined in regulations
prescribed by the Secretary of the Navy)''.
(c) Competitive Selection Assessment.--The Secretary of Defense
shall conduct an assessment of the effectiveness of the promotion
system established under section 6970 of title 10, United States Code,
as added by subsection (a), for permanent professors of the United
States Naval Academy, including an evaluation of the extent to which
the implementation of the promotion system has resulted in a
competitive environment for the selection of permanent professors and
an evaluation of whether the goals of the permanent professor program
have been achieved, including adequate career progression and promotion
opportunities for participating officers. Not later than December 31,
2009, the Secretary shall submit to the congressional defense
committees a report containing the results of the assessment.
(d) Use of Exclusions From Authorized Officer Strengths.--Not later
than March 31, 2008, the Secretary of the Navy shall submit to the
congressional defense committees a report describing the plans of the
Secretary for utilization of authorized exemptions under section
523(b)(8) of title 10, United States Code, and a discussion of the
Navy's requirement, if any, and projections for use of additional
exemptions by grade.

Subtitle B--Reserve Component Management

SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL STATUS IN THE
SELECTED RESERVE DUE TO COMBAT-RELATED DISABILITY.

Section 10216 of title 10, United States Code, is amended by
inserting after subsection (f) the following new subsection:
``(g) Retention of Military Technicians Who Lose Dual Status Due to
Combat-Related Disability.--(1) Notwithstanding subsection (d) of this
section or subsections (a)(3) and (b) of section 10218 of this title,
if a military technician (dual status) loses such dual status as the
result of a combat-related disability (as defined in section 1413a of
this title), the person may be retained as a non-dual status technician
so long as--
``(A) the combat-related disability does not prevent the person
from performing the non-dual status functions or position; and
``(B) the person, while a non-dual status technician, is not
disqualified from performing the non-dual status functions or
position because of performance, medical, or other reasons.
``(2) A person so retained shall be removed not later than 30 days
after becoming eligible for an unreduced annuity and becoming 60 years
of age.
``(3) Persons retained under the authority of this subsection do
not count against the limitations of section 10217(c) of this title.''.

SEC. 512. CONSTRUCTIVE SERVICE CREDIT UPON ORIGINAL APPOINTMENT OF
RESERVE OFFICERS IN CERTAIN HEALTH CARE PROFESSIONS.

(a) Inclusion of Additional Health Care Professions.--Paragraph (2)
of section 12207(b) of title 10, United States Code, is amended to read
as follows:
``(2)(A) If the Secretary of Defense determines that the number of
officers in a health profession described in subparagraph (B) who are
serving in an active status in a reserve component of the Army, Navy,
or Air Force in grades below major or lieutenant commander is
critically below the number needed in such health profession by such
reserve component in such grades, the Secretary of Defense may
authorize the Secretary of the military department concerned to credit
any person who is receiving an original appointment as an officer for
service in such health profession with a period of constructive credit
in such amount (in addition to any amount credited such person under
paragraph (1)) as will result in the grade of such person being that of
captain or, in the case of the Navy Reserve, lieutenant.
``(B) The types of health professions referred to in subparagraph
(A) include the following:
``(i) Any health profession performed by officers in the
Medical Corps of the Army or the Navy or by officers of the Air
Force designated as a medical officer.
``(ii) Any health profession performed by officers in the
Dental Corps of the Army or the Navy or by officers of the Air
Force designated as a dental officer.
``(iii) Any health profession performed by officers in the
Medical Service Corps of the Army or the Navy or by officers of the
Air Force designated as a medical service officer or biomedical
sciences officer.
``(iv) Any health profession performed by officers in the Army
Medical Specialist Corps.
``(v) Any health profession performed by officers of the Nurse
Corps of the Army or the Navy or by officers of the Air Force
designated as a nurse.
``(vi) Any health profession performed by officers in the
Veterinary Corps of the Army or by officers designated as a
veterinary officer.''.
(b) Conforming Amendment.--Paragraph (3) of such section is amended
by striking ``a medical or dental officer'' and inserting ``officers
covered by paragraph (2)''.

SEC. 513. MANDATORY SEPARATION OF RESERVE OFFICERS IN THE GRADE OF
LIEUTENANT GENERAL OR VICE ADMIRAL AFTER COMPLETION OF 38
YEARS OF COMMISSIONED SERVICE.

(a) Mandatory Separation.--Section 14508 of title 10, United States
Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Thirty-Eight Years of Service for Lieutenant Generals and
Vice Admirals.--Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the Army, Air
Force, or Marine Corps in the grade of lieutenant general and each
reserve officer of the Navy in the grade of vice admiral shall be
separated in accordance with section 14514 of this title on the later
of the following:
``(1) 30 days after completion of 38 years of commissioned
service.
``(2) The fifth anniversary of the date of the officer's
appointment in the grade of lieutenant general or vice admiral.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``for Brigadier Generals
and Rear Admirals (Lower Half)'' after ``Grade'' in the subsection
heading; and
(2) in subsection (b), by inserting ``for Major Generals and
Rear Admirals'' after ``Grade'' in the subsection heading.

SEC. 514. MAXIMUM PERIOD OF TEMPORARY FEDERAL RECOGNITION OF PERSON AS
ARMY NATIONAL GUARD OFFICER OR AIR NATIONAL GUARD
OFFICER.

Section 308(a) of title 32, United States Code, is amended in the
last sentence by striking ``six months'' and inserting ``one year''.

SEC. 515. ADVANCE NOTICE TO MEMBERS OF RESERVE COMPONENTS OF DEPLOYMENT
IN SUPPORT OF CONTINGENCY OPERATIONS.

(a) Advance Notice Required.--The Secretary of a military
department shall ensure that a member of a reserve component under the
jurisdiction of that Secretary who will be called or ordered to active
duty for a period of more than 30 days in support of a contingency
operation (as defined in section 101(a)(13) of title 10, United States
Code) receives notice in advance of the mobilization date. In so far as
is practicable, the notice shall be provided not less than 30 days
before the mobilization date, but with a goal of 90 days before the
mobilization date.
(b) Reduction or Waiver of Notice Requirement.--The Secretary of
Defense may waive the requirement of subsection (a), or authorize
shorter notice than the minimum specified in such subsection, during a
war or national emergency declared by the President or Congress or to
meet mission requirements. If the waiver or reduction is made on
account of mission requirements, the Secretary shall submit to Congress
a report detailing the reasons for the waiver or reduction and the
mission requirements at issue.

SEC. 516. REPORT ON RELIEF FROM PROFESSIONAL LICENSURE AND
CERTIFICATION REQUIREMENTS FOR RESERVE COMPONENT MEMBERS
ON LONG-TERM ACTIVE DUTY.

(a) Study.--The Comptroller General of the United States shall
conduct a study of the requirements to maintain licensure or
certification by members of the National Guard or other reserve
components of the Armed Forces while on active duty for an extended
period of time.
(b) Elements of Study.--In the study, the Comptroller General
shall--
(1) identify the number and type of professional or other
licensure or certification requirements that may be adversely
impacted by extended periods of active duty; and
(2) determine mechanisms that would provide relief from
professional or other licensure or certification requirements for
members of the reserve components while on active duty for an
extended period of time.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representative
a report containing the results of the study and such recommendations
as the Comptroller General considers appropriate to provide further
relief for members of the reserve components from professional or other
licensure or certification requirements while on active duty for an
extended period of time.

Subtitle C--Education and Training

SEC. 521. REVISIONS TO AUTHORITY TO PAY TUITION FOR OFF-DUTY TRAINING
OR EDUCATION.

(a) Inclusion of Coast Guard.--Subsection (a) of section 2007 of
title 10, United States Code, is amended by striking ``Subject to
subsection (b), the Secretary of a military department'' and inserting
``Subject to subsections (b) and (c), the Secretary concerned''.
(b) Commissioned Officers on Active Duty.--Subsection (b) of such
section is amended--
(1) in paragraph (1)--
(A) by inserting after ``commissioned officer on active
duty'' the following: ``(other than a member of the Ready
Reserve)'';
(B) by striking ``the Secretary of the military department
concerned'' and inserting ``the Secretary concerned''; and
(C) by striking ``or full-time National Guard duty'' both
places it appears; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``the Secretary of the military department'' and inserting
``the Secretary concerned'';
(B) in subparagraph (B), by inserting after ``active duty
service'' the following: ``for which the officer was ordered to
active duty''; and
(C) in subparagraph (C), by striking ``Secretary'' and
inserting ``Secretary concerned''.
(c) Authority To Pay Tuition Assistance to Members of the Ready
Reserve.--
(1) Availability of assistance.--Subsection (c) of such section
is amended to read as follows:
``(c)(1) Subject to paragraphs (3) and (5), the Secretary concerned
may pay the charges of an educational institution for the tuition or
expenses described in subsection (a) of a member of the Selected
Reserve.
``(2) Subject to paragraphs (4) and (5), the Secretary concerned
may pay the charges of an educational institution for the tuition or
expenses described in subsection (a) of a member of the Individual
Ready Reserve who has a military occupational specialty designated by
the Secretary concerned for purposes of this subsection.
``(3) The Secretary concerned may not pay charges under paragraph
(1) for tuition or expenses of an officer of the Selected Reserve
unless the officer enters into an agreement to remain a member of the
Selected Reserve for at least 4 years after completion of the education
or training for which the charges are paid.
``(4) The Secretary concerned may not pay charges under paragraph
(2) for tuition or expenses of an officer of the Individual Ready
Reserve unless the officer enters into an agreement to remain in the
Selected Reserve or Individual Ready Reserve for at least 4 years after
completion of the education or training for which the charges are paid.
``(5) The Secretary of a military department may require an
enlisted member of the Selected Reserve or Individual Ready Reserve to
enter into an agreement to serve for up to 4 years in the Selected
Reserve or Individual Ready Reserve, as the case may be, after
completion of the education or training for which tuition or expenses
are paid under paragraph (1) or (2), as applicable.''.
(2) Repeal of superseded provision.--Such section is further
amended--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(3) Repayment of unearned benefit.--Subsection (e) of such
section, as redesignated by paragraph (2) of this subsection, is
amended--
(A) by inserting ``(1)'' after ``(e)''; and
(B) by adding at the end the following new paragraph:
``(2) If a member of the Ready Reserve who enters into an agreement
under subsection (c) does not complete the period of service specified
in the agreement, the member shall be subject to the repayment
provisions of section 303a(e) of title 37.''.
(d) Regulations.--Such section is further amended by adding at the
end the following new subsection:
``(f) This section shall be administered under regulations
prescribed by the Secretary of Defense or, with respect to the Coast
Guard when it is not operating as a service in the Navy, the Secretary
of Homeland Security.''.
(e) Study.--
(1) Study required.--The Secretary of Defense shall carry out a
study on the tuition assistance program carried out under section
2007 of title 10, United States Code. The study shall--
(A) identify the number of members of the Armed Forces
eligible for assistance under the program, and the number who
actually receive the assistance;
(B) assess the extent to which the program affects
retention rates; and
(C) assess the extent to which State tuition assistance
programs affect retention rates in those States.
(2) Report.--Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives a report containing the results of
the study.

SEC. 522. REDUCTION OR ELIMINATION OF SERVICE OBLIGATION IN AN ARMY
RESERVE OR ARMY NATIONAL GUARD TROOP PROGRAM UNIT FOR
CERTAIN PERSONS SELECTED AS MEDICAL STUDENTS AT UNIFORMED
SERVICES UNIVERSITY OF THE HEALTH SCIENCES.

Paragraph (3) of section 2107a(b) of title 10, United States Code,
is amended to read as follows:
``(3)(A) Subject to subparagraph (C), in the case of a person
described in subparagraph (B), the Secretary may, at any time and with
the consent of the person, modify an agreement described in paragraph
(1)(F) submitted by the person for the purpose of reducing or
eliminating the troop program unit service obligation specified in the
agreement and to establish, in lieu of that obligation, an active duty
service obligation.
``(B) Subparagraph (A) applies with respect to the following
persons:
``(i) A cadet under this section at a military junior college.
``(ii) A cadet or former cadet under this section who is
selected under section 2114 of this title to be a medical student
at the Uniformed Services University of the Health Sciences.
``(iii) A cadet or former cadet under this section who signs an
agreement under section 2122 of this title for participation in the
Armed Forces Health Professions Scholarship and Financial
Assistance program.
``(C) The modification of an agreement described in paragraph
(1)(F) may be made only if the Secretary determines that it is in the
best interests of the United States to do so.''.

SEC. 523. REPEAL OF ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER
ARMY RESERVE AND ARMY NATIONAL GUARD FINANCIAL ASSISTANCE
PROGRAM.

Section 2107a(h) of title 10, United States Code, is amended by
striking ``not more than 416 cadets each year under this section, to
include'' and inserting ``each year under this section''.

SEC. 524. TREATMENT OF PRIOR ACTIVE SERVICE OF MEMBERS IN UNIFORMED
MEDICAL ACCESSION PROGRAMS.

(a) Medical Students of USUHS.--
(1) Treatment of students with prior active service.--Section
2114 of title 10, United States Code, is amended--
(A) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively; and
(B) in subsection (b)--
(i) by inserting ``(1)'' after ``(b)''; and
(ii) by inserting after the second sentence the
following new paragraph:
``(2) If a member of the uniformed services selected to be a
student has prior active service in a pay grade and with years of
service credited for pay that would entitle the member, if the member
remained in the former grade, to a rate of basic pay in excess of the
rate of basic pay for regular officers in the grade of second
lieutenant or ensign, the member shall be paid basic pay based on the
former grade and years of service credited for pay. The amount of such
basic pay for the member shall be increased on January 1 of each year
by the percentage by which basic pay is increased on average on that
date for that year, and the member shall continue to receive basic pay
based on the former grade and years of service until the date, whether
occurring before or after graduation, on which the basic pay for the
member in the member's actual grade and years of service credited for
pay exceeds the amount of basic pay to which the member is entitled
based on the member's former grade and years of service.''.
(2) Conforming amendments.--Such section is further amended--
(A) in subsection (b), by striking ``Upon graduation they''
and inserting the following:
``(c) Medical students who graduate''; and
(B) in subsection (i), as redesignated by paragraph (1), by
striking ``subsection (b)'' and inserting ``subsection (c)''.
(b) Participants in Health Professions Scholarship and Financial
Assistance Program.--Section 2121(c) of such title is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) If a member of the uniformed services selected to participate
in the program as a medical student has prior active service in a pay
grade and with years of service credited for pay that would entitle the
member, if the member remained in the former grade, to a rate of basic
pay in excess of the rate of basic pay for regular officers in the
grade of second lieutenant or ensign, the member shall be paid basic
pay based on the former grade and years of service credited for pay.
The amount of such basic pay for the member shall be increased on
January 1 of each year by the percentage by which basic pay is
increased on average on that date for that year, and the member shall
continue to receive basic pay based on the former grade and years of
service until the date, whether occurring before or after the
conclusion of such participation, on which the basic pay for the member
in the member's actual grade and years of service credited for pay
exceeds the amount of basic pay to which the member is entitled based
on the member's former grade and years of service.''.
(c) Officers Detailed as Students at Medical Schools.--
(1) Appointment and treatment of prior active service.--Section
2004a of such title is amended--
(A) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively; and
(B) by inserting after subsection (d) the following new
subsection:
``(e) Appointment and Treatment of Prior Active Service.--(1) A
commissioned officer detailed as a student at a medical school under
subsection (a) shall be appointed as a regular officer in the grade of
second lieutenant or ensign and shall serve on active duty in that
grade with full pay and allowances of that grade.
``(2) If an officer detailed to be a medical student has prior
active service in a pay grade and with years of service credited for
pay that would entitle the officer, if the officer remained in the
former grade, to a rate of basic pay in excess of the rate of basic pay
for regular officers in the grade of second lieutenant or ensign, the
officer shall be paid basic pay based on the former grade and years of
service credited for pay. The amount of such basic pay for the officer
shall be increased on January 1 of each year by the percentage by which
basic pay is increased on average on that date for that year, and the
officer shall continue to receive basic pay based on the former grade
and years of service until the date, whether occurring before or after
graduation, on which the basic pay for the officer in the officer's
actual grade and years of service credited for pay exceeds the amount
of basic pay to which the officer is entitled based on the officer's
former grade and years of service.''.
(2) Technical amendment.--Subsection (c) of such section is
amended by striking ``subsection (c)'' and inserting ``subsection
(b)''.

SEC. 525. REPEAL OF POST-2007-2008 ACADEMIC YEAR PROHIBITION ON PHASED
INCREASE IN CADET STRENGTH LIMIT AT THE UNITED STATES
MILITARY ACADEMY.

Section 4342(j)(1) of title 10, United States Code, is amended by
striking the last sentence.

SEC. 526. NATIONAL DEFENSE UNIVERSITY MASTER'S DEGREE PROGRAMS.

(a) Master of Arts Program Authorized.--Section 2163 of title 10,
United States Code, is amended--
(1) in subsection (a), by inserting ``or master of arts'' after
``master of science''; and
(2) in subsection (b), by adding at the end the following new
paragraph:
``(4) Master of arts in strategic security studies.--The degree
of master of arts in strategic security studies, to graduates of
the University who fulfill the requirements of the program at the
School for National Security Executive Education.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended to
read as follows:

``Sec. 2163. National Defense University: master's degree programs''.

(2) Table of contents.--The table of sections at the beginning
of chapter 108 of such title is amended by striking the item
relating to section 2163 and inserting the following new item:

``2163. National Defense University: master's degree programs.''.

(c) Applicability to 2006-2007 Graduates.--Paragraph (4) of section
2163(b) of title 10, United States Code, as added by subsection (a) of
this section, applies with respect to any person who becomes a graduate
of the National Defense University on or after September 6, 2006, and
fulfills the requirements of the program referred to in such paragraph
(4).

SEC. 527. AUTHORITY OF THE AIR UNIVERSITY TO CONFER DEGREE OF MASTER OF
SCIENCE IN FLIGHT TEST ENGINEERING.

Section 9317(a) of title 10, United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) The degree of master of science in flight test
engineering upon graduates of the Air Force Test Pilot School who
fulfill the requirements for that degree in a manner consistent
with the recommendations of the Department of Education and the
principles of the regional accrediting body for the Air
University.''.

SEC. 528. ENHANCEMENT OF EDUCATION BENEFITS FOR CERTAIN MEMBERS OF
RESERVE COMPONENTS.

(a) Accelerated Payment of Educational Assistance for Members of
the Selected Reserve.--
(1) In general.--Chapter 1606 of title 10, United States Code,
is amended by inserting after section 16131 the following new
section:

``Sec. 16131a. Accelerated payment of educational assistance

``(a) The educational assistance allowance payable under section
16131 of this title with respect to an eligible person described in
subsection (b) may, upon the election of such eligible person, be paid
on an accelerated basis in accordance with this section.
``(b) An eligible person described in this subsection is a person
entitled to educational assistance under this chapter who is--
``(1) enrolled in an approved program of education not
exceeding two years in duration and not leading to an associate,
bachelors, masters, or other degree, subject to subsection (g); and
``(2) charged tuition and fees for the program of education
that, when divided by the number of months (and fractions thereof)
in the enrollment period, exceeds the amount equal to 200 percent
of the monthly rate of educational assistance allowance otherwise
payable with respect to the person under section 16131 of this
title.
``(c)(1) The amount of the accelerated payment of educational
assistance payable with respect to an eligible person making an
election under subsection (a) for a program of education shall be the
lesser of--
``(A) the amount equal to 60 percent of the established charges
for the program of education; or
``(B) the aggregate amount of educational assistance allowance
to which the person remains entitled under this chapter at the time
of the payment.
``(2)(A) In this subsection, except as provided in subparagraph
(B), the term `established charges', in the case of a program of
education, means the actual charges (as determined pursuant to
regulations prescribed by the Secretary of Veterans Affairs) for
tuition and fees which similarly circumstanced individuals who are not
eligible for benefits under this chapter and who are enrolled in the
program of education would be required to pay. Established charges
shall be determined on the following basis:
``(i) In the case of an individual enrolled in a program of
education offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the term, quarter, or
semester.
``(ii) In the case of an individual enrolled in a program of
education not offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the entire program of
education.
``(B) In this subsection, the term `established charges' does not
include any fees or payments attributable to the purchase of a vehicle.
``(3) The educational institution providing the program of
education for which an accelerated payment of educational assistance
allowance is elected by an eligible person under subsection (a) shall
certify to the Secretary of Veterans Affairs the amount of the
established charges for the program of education.
``(d) An accelerated payment of educational assistance allowance
made with respect to an eligible person under this section for a
program of education shall be made not later than the last day of the
month immediately following the month in which the Secretary of
Veterans Affairs receives a certification from the educational
institution regarding--
``(1) the person's enrollment in and pursuit of the program of
education; and
``(2) the amount of the established charges for the program of
education.
``(e)(1) Except as provided in paragraph (2), for each accelerated
payment of educational assistance allowance made with respect to an
eligible person under this section, the person's entitlement to
educational assistance under this chapter shall be charged the number
of months (and any fraction thereof) determined by dividing the amount
of the accelerated payment by the full-time monthly rate of educational
assistance allowance otherwise payable with respect to the person under
section 16131 of this title as of the beginning date of the enrollment
period for the program of education for which the accelerated payment
is made.
``(2) If the monthly rate of educational assistance allowance
otherwise payable with respect to an eligible person under section
16131 of this title increases during the enrollment period of a program
of education for which an accelerated payment of educational assistance
allowance is made under this section, the charge to the person's
entitlement to educational assistance under this chapter shall be
determined by prorating the entitlement chargeable, in the manner
provided for under paragraph (1), for the periods covered by the
initial rate and increased rate, respectively, in accordance with
regulations prescribed by the Secretary of Veterans Affairs.
``(f) The Secretary of Veterans Affairs shall prescribe regulations
to carry out this section. The regulations shall include requirements,
conditions, and methods for the request, issuance, delivery,
certification of receipt and use, and recovery of overpayment of an
accelerated payment of educational assistance allowance under this
section. The regulations may include such elements of the regulations
prescribed under section 3014A of title 38 as the Secretary of Veterans
Affairs considers appropriate for purposes of this section.
``(g) The aggregate amount of educational assistance payable under
this section in any fiscal year for enrollments covered by subsection
(b)(1) may not exceed $4,000,000.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 1606 of such title is amended by inserting after the
item relating to section 16131 the following new item:

``16131a. Accelerated payment of educational assistance.''.

``Sec. 16162a. Accelerated payment of educational assistance

``(a) Payment on Accelerated Basis.--The educational assistance
allowance payable under section 16162 of this title with respect to an
eligible member described in subsection (b) may, upon the election of
such eligible member, be paid on an accelerated basis in accordance
with this section.
``(b) Eligible Members.--An eligible member described in this
subsection is a member of a reserve component entitled to educational
assistance under this chapter who is--
``(1) enrolled in an approved program of education not
exceeding two years in duration and not leading to an associate,
bachelors, masters, or other degree, subject to subsection (g); and
``(2) charged tuition and fees for the program of education
that, when divided by the number of months (and fractions thereof)
in the enrollment period, exceeds the amount equal to 200 percent
of the monthly rate of educational assistance allowance otherwise
payable with respect to the member under section 16162 of this
title.
``(c) Amount of Accelerated Payment.--(1) The amount of the
accelerated payment of educational assistance payable with respect to
an eligible member making an election under subsection (a) for a
program of education shall be the lesser of--
``(A) the amount equal to 60 percent of the established charges
for the program of education; or
``(B) the aggregate amount of educational assistance allowance
to which the member remains entitled under this chapter at the time
of the payment.
``(2)(A) In this subsection, except as provided in subparagraph
(B), the term `established charges', in the case of a program of
education, means the actual charges (as determined pursuant to
regulations prescribed by the Secretary of Veterans Affairs) for
tuition and fees which similarly circumstanced individuals who are not
eligible for benefits under this chapter and who are enrolled in the
program of education would be required to pay. Established charges
shall be determined on the following basis:
``(i) In the case of an individual enrolled in a program of
education offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the term, quarter, or
semester.
``(ii) In the case of an individual enrolled in a program of
education not offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the entire program of
education.
``(B) In this subsection, the term `established charges' does not
include any fees or payments attributable to the purchase of a vehicle.
``(3) The educational institution providing the program of
education for which an accelerated payment of educational assistance
allowance is elected by an eligible member under subsection (a) shall
certify to the Secretary of Veterans Affairs the amount of the
established charges for the program of education.
``(d) Time of Payment.--An accelerated payment of educational
assistance allowance made with respect to an eligible member under this
section for a program of education shall be made not later than the
last day of the month immediately following the month in which the
Secretary of Veterans Affairs receives a certification from the
educational institution regarding--
``(1) the member's enrollment in and pursuit of the program of
education; and
``(2) the amount of the established charges for the program of
education.
``(e) Charge Against Entitlement.--(1) Except as provided in
paragraph (2), for each accelerated payment of educational assistance
allowance made with respect to an eligible member under this section,
the member's entitlement to educational assistance under this chapter
shall be charged the number of months (and any fraction thereof)
determined by dividing the amount of the accelerated payment by the
full-time monthly rate of educational assistance allowance otherwise
payable with respect to the member under section 16162 of this title as
of the beginning date of the enrollment period for the program of
education for which the accelerated payment is made.
``(2) If the monthly rate of educational assistance allowance
otherwise payable with respect to an eligible member under section
16162 of this title increases during the enrollment period of a program
of education for which an accelerated payment of educational assistance
allowance is made under this section, the charge to the member's
entitlement to educational assistance under this chapter shall be
determined by prorating the entitlement chargeable, in the manner
provided for under paragraph (1), for the periods covered by the
initial rate and increased rate, respectively, in accordance with
regulations prescribed by the Secretary of Veterans Affairs.
``(f) Regulations.--The Secretary of Veterans Affairs shall
prescribe regulations to carry out this section. The regulations shall
include requirements, conditions, and methods for the request,
issuance, delivery, certification of receipt and use, and recovery of
overpayment of an accelerated payment of educational assistance
allowance under this section. The regulations may include such elements
of the regulations prescribed under section 3014A of title 38 as the
Secretary of Veterans Affairs considers appropriate for purposes of
this section.
``(g) Limitation.--The aggregate amount of educational assistance
payable under this section in any fiscal year for enrollments covered
by subsection (b)(1) may not exceed $3,000,000.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 1607 of such title is amended by inserting after the
item relating to section 16162 the following new item:

``16162a. Accelerated payment of educational assistance.''.

(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2008, and shall only apply to
initial enrollments in approved programs of education after such
date.
(c) Enhancement of Educational Assistance for Reserve Component
Members Supporting Contingency Operations and Other Operations.--
(1) Assistance for three years cumulative service.--Subsection
(c)(4)(C) of section 16162 of title 10, United States Code, is
amended by striking ``for two continuous years or more.'' and
inserting ``for--
``(i) two continuous years or more; or
``(ii) an aggregate of three years or more.''.
(2) Contributions for increased amount of educational
assistance.--Such section is further amended by adding at the end
the following new subsection:
``(f) Contributions for Increased Amount of Educational
Assistance.--(1)(A) Any individual eligible for educational assistance
under this section may contribute amounts for purposes of receiving an
increased amount of educational assistance as provided for in paragraph
(2).
``(B) An individual covered by subparagraph (A) may make the
contributions authorized by that subparagraph at any time while a
member of a reserve component, but not more frequently than monthly.
``(C) The total amount of the contributions made by an individual
under subparagraph (A) may not exceed $600. Such contributions shall be
made in multiples of $20.
``(D) Contributions under this subsection shall be made to the
Secretary concerned. Such Secretary shall deposit any amounts received
as contributions under this subsection into the Treasury as
miscellaneous receipts.
``(2) Effective as of the first day of the enrollment period
following the enrollment period in which an individual makes
contributions under paragraph (1), the monthly amount of educational
assistance allowance applicable to such individual under this section
shall be the monthly rate otherwise provided for under subsection (c)
increased by--
``(A) an amount equal to $5 for each $20 contributed by such
individual under paragraph (1) for an approved program of education
pursued on a full-time basis; or
``(B) an appropriately reduced amount based on the amount so
contributed as determined under regulations that the Secretary of
Veterans Affairs shall prescribe, for an approved program of
education pursued on less than a full-time basis.''.

SEC. 529. EXTENSION OF PERIOD OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
FOR CERTAIN MEMBERS OF THE SELECTED RESERVE AFFECTED BY
FORCE SHAPING INITIATIVES.

Section 16133(b)(1)(B) of title 10, United States Code, is amended
by inserting ``or the period beginning on October 1, 2007, and ending
on September 30, 2014,'' after ``December 31, 2001,''.

SEC. 530. TIME LIMIT FOR USE OF EDUCATIONAL ASSISTANCE BENEFIT FOR
CERTAIN MEMBERS OF RESERVE COMPONENTS AND RESUMPTION OF
BENEFIT.

(a) Modification of Time Limit for Use of Benefit.--
(1) Modification.--Section 16164(a) of title 10, United States
Code, is amended by striking ``this chapter while serving--'' and
all that follows and inserting ``this chapter--
``(1) while the member is serving--
``(A) in the Selected Reserve of the Ready Reserve, in the
case of a member called or ordered to active service while
serving in the Selected Reserve; or
``(B) in the Ready Reserve, in the case of a member ordered
to active duty while serving in the Ready Reserve (other than
the Selected Reserve); and
``(2) in the case of a person who separates from the Selected
Reserve of the Ready Reserve after completion of a period of active
service described in section 16163 of this title and completion of
a service contract under other than dishonorable conditions, during
the 10-year period beginning on the date on which the person
separates from the Selected Reserve.''.
(2) Conforming amendment.--Paragraph (2) of section 16165(a) of
such title is amended to read as follows:
``(2) when the member separates from the Ready Reserve as
provided in section 16164(a)(1) of this title, or upon completion
of the period provided for in section 16164(a)(2) of this title, as
applicable.''.
(b) Reclaiming Benefit for Members Reentering Service.--Section
16165(b) of such title is amended by striking ``of not more than 90
days'' after ``who incurs a break in service in the Selected Reserve''.
(c) Effective Date.--The 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 (Public Law 108-375), to which such amendments relate.

SEC. 531. SECRETARY OF DEFENSE EVALUATION OF THE ADEQUACY OF THE
DEGREE-GRANTING AUTHORITIES OF CERTAIN MILITARY
UNIVERSITIES AND EDUCATIONAL INSTITUTIONS.

(a) Evaluation Required.--The Secretary of Defense shall carry out
an evaluation of the degree-granting authorities provided by title 10,
United States Code, to the academic institutions specified in
subsection (b). The evaluation shall assess whether the current
process, under which each degree conferred by each institution must
have a statutory authorization, remains adequate, appropriate, and
responsive enough to meet emerging military service education
requirements.
(b) Specified Institutions.--The academic institutions covered by
subsection (a) are the following:
(1) The National Defense University.
(2) The Army War College and the United States Army Command and
General Staff College.
(3) The United States Naval War College.
(4) The United States Naval Postgraduate School.
(5) Air University and the United States Air Force Institute of
Technology.
(6) The Marine Corps University.
(c) Report.--Not later than April 1, 2008, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the evaluation. The report shall include the results of the evaluation
and any recommendations for changes to policy or law that the Secretary
considers appropriate.

SEC. 532. REPORT ON SUCCESS OF ARMY NATIONAL GUARD AND RESERVE SENIOR
RESERVE OFFICERS' TRAINING CORPS FINANCIAL ASSISTANCE
PROGRAM.

(a) Report Required.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the success of the financial assistance
program of the Senior Reserve Officers' Training Corps under section
2107a of title 10, United States Code, in securing the appointment of
second lieutenants in the Army Reserve and Army National Guard. The
report shall include detailed information on the appointment of cadets
under the financial assistance program who are enrolled in an
educational institution described in subsection (b) and address the
efforts of the Secretary to increase awareness of the availability and
advantages of appointment in the Senior Reserve Officers' Training
Corps at these institutions and to increase the number of cadets at
these institutions.
(b) Covered Educational Institutions.--The educational institutions
referred to in subsection (a) are the following:
(1) An historically Black college or university that is a part
B institution, as defined in section 322(2) of the Higher Education
Act of 1965 (20 U.S.C. 1061(2)).
(2) A minority institution, as defined in section 365(3) of
that Act (20 U.S.C. 1067k(3)).
(3) An Hispanic-serving institution, as defined in section
502(a)(5) of that Act (20 U.S.C. 1101a(a)(5)).

SEC. 533. REPORT ON UTILIZATION OF TUITION ASSISTANCE BY MEMBERS OF THE
ARMED FORCES.

(a) Reports Required.--Not later than April 1, 2008, the Secretary
of each military department shall submit to the congressional defense
committees a report on the utilization of tuition assistance by members
of the Armed Forces, whether in the regular components of the Armed
Forces or the reserve components of the Armed Forces, under the
jurisdiction of such military department during fiscal year 2007.
(b) Elements.--The report with respect to a military department
under subsection (a) shall include the following:
(1) Information on the policies of such military department for
fiscal year 2007 regarding utilization of, and limits on, tuition
assistance by members of the Armed Forces under the jurisdiction of
such military department, including an estimate of the number of
members of the reserve components of the Armed Forces under the
jurisdiction of such military department whose requests for tuition
assistance during that fiscal year were unfunded.
(2) Information on the policies of such military department for
fiscal year 2007 regarding funding of tuition assistance for each
of the regular components of the Armed Forces and each of the
reserve components of the Armed Forces under the jurisdiction of
such military department.

SEC. 534. NAVY JUNIOR RESERVE OFFICERS' TRAINING CORPS UNIT FOR
SOUTHOLD, MATTITUCK, AND GREENPORT HIGH SCHOOLS.

For purposes of meeting the requirements of section 2031(b) of
title 10, United States Code, the Secretary of the Navy may and, to the
extent the schools request, shall treat any two or more of the
following schools (all in Southold, Suffolk County, New York) as a
single institution:
(1) Southold High School.
(2) Mattituck High School.
(3) Greenport High School.

SEC. 535. REPORT ON TRANSFER OF ADMINISTRATION OF CERTAIN EDUCATIONAL
ASSISTANCE PROGRAMS FOR MEMBERS OF THE RESERVE
COMPONENTS.

(a) Report Required.--Not later than September 1, 2008, the
Secretary of Defense, in cooperation with the Secretary of Veterans
Affairs, shall submit to the congressional defense committees and the
Committees on Veterans Affairs of the Senate and House of
Representatives a report on the feasibility and merits of transferring
the administration of the educational assistance programs for members
of the reserve components contained in chapters 1606 and 1607 of title
10, United States Code, from the Department of Defense to the
Department of Veterans Affairs.
(b) Elements of Report.--The report shall specifically address the
following:
(1) A discussion of the history and purpose of the educational
assistance benefits under chapters 1606 and 1607 of title 10,
United States Code, and the data most recently available, as of the
date of the enactment of this Act, relating to the cost of
providing such benefits and the projected costs of providing such
benefits over the ten-year period beginning on the such date.
(2) The effect of a transfer of administrative jurisdiction on
the delivery of educational assistance benefits to members of the
reserve components.
(3) The effect of a transfer of administrative jurisdiction on
Department of Defense efforts relating to recruiting, retention,
and compensation, including bonuses, special pays, and incentive
pays.
(4) The extent to which educational assistance benefits
influence the decision of a person to join a reserve component.
(5) The extent to which the educational assistance benefits
available under chapter 1606 of title 10, United States Code,
affect retention rates, including statistics showing how many
members remain in the reserve components in order to continue to
receive education benefits under such chapter.
(6) The extent to which the educational assistance benefits
available under chapter 1607 of title 10, United States Code,
affect retention rates, including statistics showing how many
members remain in the reserve components in order to continue to
receive education benefits under such chapter.
(7) The practical and budgetary issues involved in a transfer
of administrative jurisdiction, including a discussion of the cost
of equating the educational assistance benefits for members of the
active and reserve components.
(8) Any recommendations of the Secretary for legislation to
enhance or improve the delivery of educational assistance benefits
for members of the reserve components.
(9) The feasibility and likely effects of transferring the
administration of the educational assistance programs for members
of the reserve components contained in chapters 1606 and 1607 of
title 10, United States Code, from the Department of Defense to the
Department of Veterans Affairs through the recodification of such
chapters in title 38, United States Code, as proposed in section
525 of H.R. 1585 of the 110th Congress, as passed by the House of
Representatives, together with any recommendations of the Secretary
for improving that section.
(10) A discussion of the effects and impact of the amendments
to chapter 1607 of title 10, United States Code, made by section
530 of this Act, relating to the extension of the time limit for
the use of educational assistance benefits under that chapter.
(c) Reviews of Report.--Before submission of the report to
Congress, the Secretary of Defense shall secure the review of the
report by the Defense Business Board, in cooperation with the Reserve
Forces Policy Board. The Secretary of Veterans Affairs shall secure the
review of the report by the Veterans Affairs Advisory Committee on
Education. The results of such reviews shall be included as an appendix
to the report.
(d) Comptroller General Review.--Not later than November 1, 2008,
the Comptroller General shall submit to the congressional committees
referred to in subsection (a) an assessment of the report, including a
review of the costs inherent in the transfer of administrative
jurisdiction and the recruiting and retention data and other
assumptions used by the Secretary of Defense in preparing the report.
As part of the assessment, the Comptroller General shall solicit
responses from the Secretary of Defense and the Secretary of Veterans
Affairs.

Subtitle D--Military Justice and Legal Assistance Matters

SEC. 541. AUTHORITY TO DESIGNATE CIVILIAN EMPLOYEES OF THE FEDERAL
GOVERNMENT AND DEPENDENTS OF DECEASED MEMBERS AS ELIGIBLE
FOR LEGAL ASSISTANCE FROM DEPARTMENT OF DEFENSE LEGAL
STAFF RESOURCES.

Section 1044(a) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(6) Survivors of a deceased member or former member described
in paragraphs (1), (2), (3), and (4) who were dependents of the
member or former member at the time of the death of the member or
former member, except that the eligibility of such survivors shall
be determined pursuant to regulations prescribed by the Secretary
concerned.
``(7) Civilian employees of the Federal Government serving in
locations where legal assistance from non-military legal assistance
providers is not reasonably available, except that the eligibility
of civilian employees shall be determined pursuant to regulations
prescribed by the Secretary concerned.''.

SEC. 542. AUTHORITY OF JUDGES OF THE UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES TO ADMINISTER OATHS.

Section 936 of title 10, United States Code (article 136 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(c) The judges of the United States Court of Appeals for the
Armed Forces may administer the oaths authorized by subsections (a) and
(b).''.

SEC. 543. MODIFICATION OF AUTHORITIES ON SENIOR MEMBERS OF THE JUDGE
ADVOCATE GENERALS' CORPS.

(a) Department of the Army.--
(1) Grade of judge advocate general.--Subsection (a) of section
3037 of title 10, United States Code, is amended by striking the
third sentence and inserting the following new sentence: ``The
Judge Advocate General, while so serving, has the grade of
lieutenant general.''.
(2) Redesignation of assistant judge advocate general as deputy
judge advocate general.--Such section is further amended--
(A) in subsection (a), by striking ``Assistant Judge
Advocate General'' each place it appears and inserting ``Deputy
Judge Advocate General''; and
(B) in subsection (d), by striking ``Assistant Judge
Advocate General'' and inserting ``Deputy Judge Advocate
General''.
(3) Clerical amendments.--(A) The heading of such section is
amended to read as follows:

``Sec. 3037. Judge Advocate General, Deputy Judge Advocate General, and
general officers of Judge Advocate General's Corps:
appointment; duties''.

(B) The table of sections at the beginning of chapter 305 of
such title is amended by striking the item relating to section 3037
and inserting the following new item:

``3037. Judge Advocate General, Deputy Judge Advocate General, and
general officers of Judge Advocate General's Corps:
appointment; duties.''.

(b) Grade of Judge Advocate General of the Navy.--Section 5148(b)
of such title is amended by striking the last sentence and inserting
the following new sentence: ``The Judge Advocate General, while so
serving, has the grade of vice admiral or lieutenant general, as
appropriate.''.
(c) Grade of Judge Advocate General of the Air Force.--Section
8037(a) of such title is amended by striking the last sentence and
inserting the following new sentence: ``The Judge Advocate General,
while so serving, has the grade of lieutenant general.''.
(d) Increase in Number of Officers Serving in Grades Above Major
General and Rear Admiral.--Section 525(b) of such title is amended in
paragraphs (1) and (2)(A) by striking ``15.7 percent'' each place it
appears and inserting ``16.3 percent''.
(e) Legal Counsel to Chairman of the Joint Chiefs of Staff.--
(1) In general.--Chapter 5 of title 10, United States Code, is
amended by adding at the end the following new section:

``Sec. 156. Legal Counsel to the Chairman of the Joint Chiefs of Staff

``(a) In General.--There is a Legal Counsel to the Chairman of the
Joint Chiefs of Staff.
``(b) Selection for Appointment.--Under regulations prescribed by
the Secretary of Defense, the officer selected for appointment to serve
as Legal Counsel to the Chairman of the Joint Chiefs of Staff shall be
recommended by a board of officers convened by the Secretary of Defense
that, insofar as practicable, is subject to the procedures applicable
to selection boards convened under chapter 36 of this title.
``(c) Grade.--An officer appointed to serve as Legal Counsel to the
Chairman of the Joint Chiefs of Staff shall, while so serving, hold the
grade of brigadier general or rear admiral (lower half).
``(d) Duties.--The Legal Counsel of the Chairman of the Joint
Chiefs of Staff shall perform such legal duties in support of the
responsibilities of the Chairman of the Joint Chiefs of Staff as the
Chairman may prescribe.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 5 of such title is amended by adding at the end the
following new item:

``156. Legal Counsel to the Chairman of the Joint Chiefs of Staff''.

(f) Strategic Plan to Link General and Flag Officer Numbers,
Assignments, and Development to the Missions and Requirements of the
Department of Defense.--
(1) Strategic plan required.--The Secretary of Defense shall
develop a strategic plan linking the missions and requirements of
the Department of Defense for general and flag officers to the
statutory limits on the numbers of general and flag officers, and
current assignment, promotion, and joint officer development
policies for general and flag officers.
(2) Advice of chairman of joint chiefs of staff.--The Secretary
shall develop the strategic plan required under paragraph (1) with
the advice of the Chairman of the Joint Chiefs of Staff.
(3) Matters to be included.--The strategic plan required under
paragraph (1) shall include the following:
(A) A description of the process for identification of the
present and emerging requirements for general and flag officers
and recommendations for meeting these requirements.
(B) Identification of the numbers of general and flag
officers by service, grade, and qualifications currently
available compared with the numbers needed to meet existing
statutory requirements in support of the overall missions of
the Department of Defense.
(C) An assessment of the problems or issues (and proposed
solutions for any such problems or issues) arising from
existing numerical limitations on the number and grade
distribution of active and reserve component general and flag
officers under sections 525, 526, and 12004 of title 10, United
States Code.
(D) A discussion of how wartime requirements for additional
general or flag officers have been addressed in support of
Operation Enduring Freedom and Operation Iraqi Freedom,
including the usage of wartime or national emergency
authorities.
(E) An assessment of any problems or issues (and proposed
solutions for any such problems or issues) arising from
existing statutory provisions regarding general and flag
officer assignments and grade requirements and the need, if
any, for revision of provisions in title 10, United States
Code, specific to individual general and flag officer positions
along with recommendations to mitigate the need for routine
legislative intervention as positions change to support
organizational demands.
(F) An assessment of the use currently being made of
reserve component flag and general officers and discussion of
barriers to the qualification, selection, and assignment of
National Guard and Reserve officers for the broadest possible
range of positions of importance and responsibility.
(4) Deadline for submission.--The Secretary shall submit the
plan required under paragraph (1) to the Committees on Armed
Services of the Senate and the House of Representatives not later
than March 1, 2009.

SEC. 544. PROHIBITION AGAINST MEMBERS OF THE ARMED FORCES PARTICIPATING
IN CRIMINAL STREET GANGS.

The Secretary of Defense shall prescribe regulations to prohibit
the active participation by members of the Armed Forces in a criminal
street gang.

Subtitle E--Military Leave

SEC. 551. TEMPORARY ENHANCEMENT OF CARRYOVER OF ACCUMULATED LEAVE FOR
MEMBERS OF THE ARMED FORCES.

(a) Temporary Increase in Accumulated Leave Carryover Amount.--
Section 701 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``subsection (f) and
subsection (g)'' and inserting ``subsections (d), (f), and (g)'';
and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Notwithstanding subsection (b), during the period beginning
on October 1, 2008, through December 31, 2010, a member may accumulate
up to 75 days of leave.''.
(b) Conforming Amendments Related to High Deployment Members.--
Subsection (f) of such section is amended--
(1) in paragraph (1)(A), by striking ``any accumulated leave in
excess of 60 days at the end of the fiscal year'' and inserting
``at the end of the fiscal year any accumulated leave in excess of
the number of days of leave authorized to be accumulated under
subsection (b) or (d)'';
(2) in paragraph (1)(C)--
(A) by striking ``60 days'' and inserting ``the days of
leave authorized to be accumulated under subsection (b) or (d)
that are''; and
(B) by inserting ``(or fourth fiscal year, if accumulated
while subsection (d) is in effect)'' after ``third fiscal
year''; and
(3) in paragraph (2), by striking ``except for this paragraph--
'' and all that follows through the end of the paragraph and
inserting ``except for this paragraph, would lose at the end of
that fiscal year any accumulated leave in excess of the number of
days of leave authorized to be accumulated under subsection (b) or
(d), shall be permitted to retain such leave until the end of the
second fiscal year after the fiscal year in which such service on
active duty is terminated.''.
(c) Conforming Amendment Related to Members in Missing Status.--
Subsection (g) of such section is amended by striking ``60-day
limitation in subsection (b) and the 90-day limitation in subsection
(f)'' and inserting ``limitations in subsections (b), (d), and (f)''.
(d) Pay.--Section 501(b) of title 37, United States Code, is
amended by adding at the end the following new paragraph:
``(6) An enlisted member of the armed forces who would lose
accumulated leave in excess of 120 days of leave under section
701(f)(1) of title 10 may elect to be paid in cash or by a check on the
Treasurer of the United States for any leave in excess so accumulated
for up to 30 days of such leave. A member may make an election under
this paragraph only once.''.

SEC. 552. ENHANCEMENT OF REST AND RECUPERATION LEAVE.

Section 705(b)(2) of title 10, United States Code, is amended by
inserting ``for members whose qualifying tour of duty is 12 months or
less, or for not more than 20 days for members whose qualifying tour of
duty is longer than 12 months,'' after ``for not more than 15 days''.

Subtitle F--Decorations and Awards

SEC. 561. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
LESLIE H. SABO, JR., FOR ACTS OF VALOR DURING THE VIETNAM
WAR.

(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President is authorized and
requested to award the Medal of Honor under section 3741 of such title
to Leslie H. Sabo, Jr., for the acts of valor during the Vietnam War
described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Leslie H. Sabo, Jr., on May 10, 1970,
as a member of the United States Army serving in the grade of
Specialist Four in the Republic of Vietnam with Company B of the 3d
Battalion, 506th Infantry Regiment, 101st Airborne Division.

SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
HENRY SVEHLA FOR ACTS OF VALOR DURING THE KOREAN WAR.

(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President is authorized and
requested to award the Medal of Honor under section 3741 of such title
to Henry Svehla for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Henry Svehla on June 12, 1952, as a
member of the United States Army serving in the grade of Private First
Class in Korea with Company F of the 32d Infantry Regiment, 7th
Infantry Division.

SEC. 563. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
WOODROW W. KEEBLE FOR ACTS OF VALOR DURING THE KOREAN
WAR.

(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President is
authorized and requested to award the Medal of Honor under section 3741
of such title to Woodrow W. Keeble for the acts of valor described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Woodrow W. Keeble of the United
States Army as an acting platoon leader on October 20, 1950, during the
Korean War.

SEC. 564. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
PRIVATE PHILIP G. SHADRACH FOR ACTS OF VALOR AS ONE OF
ANDREWS' RAIDERS DURING THE CIVIL WAR.

(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President is authorized and
requested to award the Medal of Honor under section 3741 of such title
posthumously to Private Philip G. Shadrach of Company K, 2nd Ohio
Volunteer Infantry Regiment for the acts of valor described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Philip G. Shadrach as one of Andrews'
Raiders during the Civil War on April 12, 1862.

SEC. 565. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
PRIVATE GEORGE D. WILSON FOR ACTS OF VALOR AS ONE OF
ANDREWS' RAIDERS DURING THE CIVIL WAR.

(a) Authorization.--The President is authorized and requested to
award the Medal of Honor under section 3741 of title 10, United States
Code, posthumously to Private George D. Wilson of Company B, 2nd Ohio
Volunteer Infantry Regiment for the acts of valor described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of George D. Wilson as one of Andrews'
Raiders during the Civil War on April 12, 1862.

Subtitle G--Impact Aid and Defense Dependents Education System

SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for Defense-
wide activities, $30,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under subsection (a)
of section 572 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated pursuant to section 301(5) for operation
and maintenance for Defense-wide activities, $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 Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).

SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

Of 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.C. 7703a).

SEC. 573. INCLUSION OF DEPENDENTS OF NON-DEPARTMENT OF DEFENSE
EMPLOYEES EMPLOYED ON FEDERAL PROPERTY IN PLAN RELATING
TO FORCE STRUCTURE CHANGES, RELOCATION OF MILITARY UNITS,
OR BASE CLOSURES AND REALIGNMENTS.

Section 574(e)(3) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2227; 20 U.S.C.
7703b note) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) elementary and secondary school students who are
dependents of personnel who are not members of the Armed Forces
or civilian employees of the Department of Defense but who are
employed on Federal property.''.

SEC. 574. PAYMENT OF PRIVATE BOARDING SCHOOL TUITION FOR MILITARY
DEPENDENTS IN OVERSEAS AREAS NOT SERVED BY DEFENSE
DEPENDENTS' EDUCATION SYSTEM SCHOOLS.

Section 1407(b)(1) of the Defense Dependents' Education Act of 1978
(20 U.S.C. 926(b)(1)) is amended by inserting after the first sentence
the following new sentence: ``Schools to which tuition may be paid
under this subsection may include private boarding schools in the
United States.''.

Subtitle H--Military Families

SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL AND
POLICY AND PLANS FOR MILITARY FAMILY READINESS.

(a) In General.--Subchapter I of chapter 88 of title 10, United
States Code, is amended by inserting after section 1781 the following
new sections:

``Sec. 1781a. Department of Defense Military Family Readiness Council

``(a) In General.--There is in the Department of Defense the
Department of Defense Military Family Readiness Council (in this
section referred to as the `Council').
``(b) Members.--(1) The Council shall consist of the following
members:
``(A) The Under Secretary of Defense for Personnel and
Readiness, who shall serve as chair of the Council.
``(B) One representative of each of the Army, Navy, Marine
Corps, and Air Force, who shall be appointed by the Secretary of
Defense.
``(C) Three individuals appointed by the Secretary of Defense
from among representatives of military family organizations,
including military family organizations of families of members of
the regular components and of families of members of the reserve
components.
``(D) In addition to the representatives appointed under
subparagraph (B), the senior enlisted advisors of the Army, Navy,
Marine Corps, and Air Force, or the spouse of a senior enlisted
member from each of the Army, Navy, Marine Corps, and Air Force.
``(2) The term on the Council of the members appointed under
paragraph (1)(C) shall be three years.
``(c) Meetings.--The Council shall meet not less often than twice
each year.
``(d) Duties.--The duties of the Council shall include the
following:
``(1) To review and make recommendations to the Secretary of
Defense regarding the policy and plans required under section 1781b
of this title.
``(2) To monitor requirements for the support of military
family readiness by the Department of Defense.
``(3) To evaluate and assess the effectiveness of the military
family readiness programs and activities of the Department of
Defense.
``(e) Annual Reports.--(1) Not later than February 1 each year, the
Council shall submit to the Secretary of Defense and the congressional
defense committees a report on military family readiness.
``(2) Each report under this subsection shall include the
following:
``(A) An assessment of the adequacy and effectiveness of the
military family readiness programs and activities of the Department
of Defense during the preceding fiscal year in meeting the needs
and requirements of military families.
``(B) Recommendations on actions to be taken to improve the
capability of the military family readiness programs and activities
of the Department of Defense to meet the needs and requirements of
military families, including actions relating to the allocation of
funding and other resources to and among such programs and
activities.

``Sec. 1781b. Department of Defense policy and plans for military
family readiness

``(a) Policy and Plans Required.--The Secretary of Defense shall
develop a policy and plans for the Department of Defense for the
support of military family readiness.
``(b) Purposes.--The purposes of the policy and plans required
under subsection (a) are as follows:
``(1) To ensure that the military family readiness programs and
activities of the Department of Defense are comprehensive,
effective, and properly supported.
``(2) To ensure that support is continuously available to
military families in peacetime and in war, as well as during
periods of force structure change and relocation of military units.
``(3) To ensure that the military family readiness programs and
activities of the Department of Defense are available to all
military families, including military families of members of the
regular components and military families of members of the reserve
components.
``(4) To make military family readiness an explicit element of
applicable Department of Defense plans, programs, and budgeting
activities, and that achievement of military family readiness is
expressed through Department-wide goals that are identifiable and
measurable.
``(5) To ensure that the military family readiness programs and
activities of the Department of Defense undergo continuous
evaluation in order to ensure that resources are allocated and
expended for such programs and activities to achieve Department-
wide family readiness goals.
``(c) Elements of Policy.--The policy required under subsection (a)
shall include the following elements:
``(1) A list of military family readiness programs and
activities.
``(2) Department of Defense-wide goals for military family
support, including joint programs, both for military families of
members of the regular components and military families of members
of the reserve components.
``(3) Policies on access to military family support programs
and activities based on military family populations served and
geographical location.
``(4) Metrics to measure the performance and effectiveness of
the military family readiness programs and activities of the
Department of Defense.
``(5) A summary, by fiscal year, of the allocation of funds
(including appropriated funds and nonappropriated funds) for major
categories of military family readiness programs and activities of
the Department of Defense, set forth for each of the military
departments and for the Office of the Secretary of Defense.
``(d) Annual Report.--Not later than March 1, 2008, and each year
thereafter, the Secretary of Defense shall submit to the congressional
defense committees a report on the plans required under subsection (a)
for the five-fiscal year period beginning with the fiscal year in which
the report is submitted. Each report shall include the plans covered by
the report and an assessment of the discharge by the Department of
Defense of the previous plans submitted under this section.''.
(b) Report on Military Family Readiness Policy.--Not later than
February 1, 2009, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth the policy
developed under section 1781b of title 10, United States Code, as added
by subsection (a).
(c) Surveys of Military Families.--Section 1782 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(d) Survey Required for Fiscal Year 2010.--Notwithstanding
subsection (a), during fiscal year 2010, the Secretary of Defense shall
conduct a survey otherwise authorized under such subsection.
Thereafter, additional surveys may be conducted not less often than
once every three fiscal years.''.
(d) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 88 of such title is amended by inserting after
the item relating to section 1781 the following new items:

``1781a. Department of Defense Military Family Readiness Council.
``1781b. Department of Defense policy and plans for military family
readiness.''.

SEC. 582. YELLOW RIBBON REINTEGRATION PROGRAM.

(a) Establishment of Program.--The Secretary of Defense shall
establish a national combat veteran reintegration program to provide
National Guard and Reserve members and their families with sufficient
information, services, referral, and proactive outreach opportunities
throughout the entire deployment cycle. This program shall be known as
the Yellow Ribbon Reintegration Program.
(b) Purpose of Program; Deployment Cycle.--The Yellow Ribbon
Reintegration Program shall consist of informational events and
activities for members of the reserve components of the Armed Forces,
their families, and community members to facilitate access to services
supporting their health and well-being through the 4 phases of the
deployment cycle:
(1) Pre-Deployment.
(2) Deployment.
(3) Demobilization.
(4) Post-Deployment-Reconstitution.
(c) Executive Agent.--The Secretary shall designate the Under
Secretary of Defense for Personnel and Readiness as the Department of
Defense executive agent for the Yellow Ribbon Reintegration Program.
(d) Office for Reintegration Programs.--
(1) Establishment.--The Under Secretary of Defense for
Personnel and Readiness shall establish the Office for
Reintegration Programs within the Office of the Secretary of
Defense. The office shall administer all reintegration programs in
coordination with State National Guard organizations. The office
shall be responsible for coordination with existing National Guard
and Reserve family and support programs. The Directors of the Army
National Guard and Air National Guard and the Chiefs of the Army
Reserve, Marine Corps Reserve, Navy Reserve, and Air Force Reserve
may appoint liaison officers to coordinate with the permanent
office staff. The office may also enter into partnerships with
other public entities, including the Department of Health and Human
Services, Substance Abuse and the Mental Health Services
Administration, for access to necessary substance abuse and mental
health treatment services from local State-licensed service
providers.
(2) Center for excellence in reintegration.--The Office for
Reintegration Programs shall establish a Center for Excellence in
Reintegration within the office. The Center shall collect and
analyze ``lessons learned'' and suggestions from State National
Guard and Reserve organizations with existing or developing
reintegration programs. The Center shall also assist in developing
training aids and briefing materials and training representatives
from State National Guard and Reserve organizations.
(e) Advisory Board.--
(1) Appointment.--The Secretary of Defense shall appoint an
advisory board to analyze the Yellow Ribbon Reintegration Program
and report on areas of success and areas for necessary
improvements. The advisory board shall include the Director of the
Army National Guard, the Director of the Air National Guard, Chiefs
of the Army Reserve, Marine Corps Reserve, Navy Reserve, and Air
Force Reserve, the Assistant Secretary of Defense for Reserve
Affairs, an Adjutant General on a rotational basis as determined by
the Chief of the National Guard Bureau, and any other Department of
Defense, Federal Government agency, or outside organization as
determined by the Secretary of Defense. The members of the advisory
board may designate representatives in their stead.
(2) Schedule.--The advisory board shall meet on a schedule
determined by the Secretary of Defense.
(3) Initial reporting requirement.--The advisory board shall
issue internal reports as necessary and shall submit an initial
report to the Committees on Armed Services of the Senate and House
of Representatives not later than 180 days after the end of the 1-
year period beginning on the date of the establishment of the
Office for Reintegration Programs. The report shall contain--
(A) an evaluation of the implementation of the Yellow
Ribbon Reintegration Program by State National Guard and
Reserve organizations;
(B) an assessment of any unmet resource requirements; and
(C) recommendations regarding closer coordination between
the Office of Reintegration Programs and State National Guard
and Reserve organizations.
(4) Annual reports.--The advisory board shall submit annual
reports to the Committees on Armed Services of the Senate and the
House of Representatives following the initial report by the first
week in March of subsequent years following the initial report.
(f) State Deployment Cycle Support Teams.--The Office for
Reintegration Programs may employ personnel to administer the Yellow
Ribbon Reintegration Program at the State level. The primary function
of team members shall be--
(1) to implement the reintegration curriculum through the
deployment cycle described in subsection (g);
(2) to obtain necessary service providers; and
(3) to educate service providers regarding the unique military
nature of the reintegration program.
(g) Operation of Program Through Deployment Cycle.--
(1) In general.--The Office for Reintegration Programs shall
analyze the demographics, placement of State Family Assistance
Centers and their resources before a mobilization alert is issued
to affected State National Guard and Reserve organizations. The
Office of Reintegration Programs shall consult with affected State
National Guard and Reserve organizations following the issuance of
a mobilization alert and implement the reintegration events in
accordance with the Reintegration Program phase model.
(2) Pre-deployment phase.--The Pre-Deployment Phase shall
constitute the time from first notification of mobilization until
deployment of the mobilized National Guard or Reserve unit. Events
and activities shall focus on providing education and ensuring the
readiness of members of the unit, their families, and affected
communities for the rigors of a combat deployment.
(3) Deployment phase.--The Deployment Phase shall constitute
the period from deployment of the mobilized National Guard or
Reserve unit until the unit arrives at a demobilization station
inside the continental United States. Events and services provided
shall focus on the challenges and stress associated with separation
and having a member in a combat zone. Information sessions shall
utilize State National Guard and Reserve resources in coordination
with the Employer Support of Guard and Reserve Office, Transition
Assistance Advisors, and the State Family Programs Director.
(4) Demobilization phase.--
(A) In general.--The Demobilization Phase shall constitute
the period from arrival of the National Guard or Reserve unit
at the demobilization station until its departure for home
station.
(B) Initial reintegration activity.--The purpose of this
reintegration program is to educate members about the resources
that are available to them and to connect members to service
providers who can assist them in overcoming the challenges of
reintegration.
(5) Post-deployment-reconstitution phase.--
(A) In general.--The Post-Deployment-Reconstitution Phase
shall constitute the period from arrival at home station until
180 days following demobilization. Activities and services
provided shall focus on reconnecting members with their
families and communities and providing resources and
information necessary for successful reintegration.
Reintegration events shall begin with elements of the Initial
Reintegration Activity program that were not completed during
the Demobilization Phase.
(B) 30-day, 60-day, and 90-day reintegration activities.--
The State National Guard and Reserve organizations shall hold
reintegration activities at the 30-day, 60-day, and 90-day
interval following demobilization. These activities shall focus
on reconnecting members and their families with the service
providers from the Initial Reintegration Activity to ensure
that members and their families understand what benefits they
are entitled to and what resources are available to help them
overcome the challenges of reintegration. The Reintegration
Activities shall also provide a forum for members and their
families to address negative behaviors related to combat stress
and transition.
(C) Member pay.--Members shall receive appropriate pay for
days spent attending the Reintegration Activities at the 30-
day, 60-day, and 90-day intervals.
(h) Outreach Services.--As part of the Yellow Ribbon Reintegration
Program, the Office for Reintegration Programs may develop programs of
outreach to members of the Armed Forces and their family members to
educate such members and their family members about the assistance and
services available to them under the Yellow Ribbon Reintegration
Program. Such assistance and services may include the following:
(1) Marriage counseling.
(2) Services for children.
(3) Suicide prevention.
(4) Substance abuse awareness and treatment.
(5) Mental health awareness and treatment.
(6) Financial counseling.
(7) Anger management counseling.
(8) Domestic violence awareness and prevention.
(9) Employment assistance.
(10) Preparing and updating family care plans.
(11) Development of strategies for living with a member of the
Armed Forces with post-traumatic stress disorder or traumatic brain
injury.
(12) Other services that may be appropriate to address the
unique needs of members of the Armed Forces and their families who
live in rural or remote areas with respect to family readiness and
servicemember reintegration.
(13) Assisting members of the Armed Forces and their families
find and receive assistance with military family readiness and
servicemember reintegration, including referral services.
(14) Development of strategies and programs that recognize the
need for long-term follow-up services for reintegrating members of
the Armed Forces and their families for extended periods following
deployments, including between deployments.
(15) Assisting members of the Armed Forces and their families
in receiving services and assistance from the Department of
Veterans Affairs, including referral services.

SEC. 583. STUDY TO ENHANCE AND IMPROVE SUPPORT SERVICES AND PROGRAMS
FOR FAMILIES OF MEMBERS OF REGULAR AND RESERVE COMPONENTS
UNDERGOING DEPLOYMENT.

(a) Study Required.--The Secretary of Defense shall conduct a study
to determine the most effective means to enhance and improve family
support programs for families of deployed members of the regular and
reserve components of the Armed Forces before, during, and after
deployment. The study shall also take into account the potential to
utilize non-governmental and local private sector entities and other
Federal agencies having expertise in health and well-being of families,
including family members who are children, infants, or toddlers.
(b) Elements.--The study shall include at a minimum the following:
(1) The assessment of the types of information on health care
and mental health benefits and services and other community
resources that should be made available to members of the regular
and reserve components and their families, including--
(A) crisis services;
(B) marriage and family counseling; and
(C) financial counseling.
(2) An assessment of means to improve support to the parents
and caretakers of military dependent children in order to mitigate
any adverse effects of the deployment of members on such children,
including consideration of the following:
(A) The need to develop materials for parents and other
caretakers of children to assist in responding to the effects
of such deployment on children, including extended and multiple
deployments and reunion (and the death or injury of members
during such deployment), and the role that parents and
caretakers can play in addressing or mitigating such effects.
(B) The potential best practices that are identified which
build psychological and emotional resiliency in children in
coping with deployment.
(C) The potential to improve dissemination throughout the
Armed Forces of the most effective practices for outreach,
training, and building psychological and emotional resiliency
in children.
(D) The effectiveness of training materials for education,
mental health, health, and family support professionals who
provide services to parents and caretakers of military
dependent children.
(E) The requirement to develop programs and activities to
increase awareness throughout the military and civilian
communities of the effects of deployment of a military spouse
or guardians for such children and their families and to
increase collaboration within such communities to address and
mitigate such effects.
(F) The development of training for early child care and
education, mental health, health care, and family support
professionals to enhance the awareness of such professionals of
their role in assisting families in addressing and mitigating
the adverse implications of such deployment.
(G) The conduct of research on best practices for building
psychological and emotional resiliency in such children in
coping with the deployment of such members.
(3) An assessment of the effectiveness of family-to-family
support programs--
(A) in providing peer support for families of deployed
members of the regular and reserve components;
(B) in identifying and preventing family problems in such
families;
(C) in reducing adverse outcomes for children of such
families, including poor academic performance, behavioral
problems, stress, and anxiety;
(D) in improving family readiness and post-deployment
transition for such families; and
(E) in utilizing spouses of members of the Armed Forces as
counselors for families of deployed members, in order to assist
such families in coping before, during, and after the
deployment, and the best practices for training spouses of
members of the Armed Forces to act as counselors for families
of deployed members.
(4) An assessment of the effectiveness of transition assistance
programs and policies for families of members during post-
deployment transition from a combat zone back to civilian or
military communities--
(A) in identifying signs and symptoms of mental health
conditions for both service members and their families; and
(B) in receiving information and resources available within
the local communities to ease transition.
(5) An assessment of the impact of multiple overseas
deployments of members on their families, particularly in the case
of members serving in Operation Iraqi Freedom and Operation
Enduring Freedom, including financial impacts and emotional
impacts.
(6) An assessment of the most effective timing of providing
information and support to the families of deployed members before,
during, and after deployment, including at least six months after
the date of return of deployed members.
(7) An assessment of the need for additional long-term research
on the effects of multiple wartime deployments on families,
including children, and critical areas of focus that should be
addressed by such research.
(c) Report on Results of Study.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing the results of
the study conducted under subsection (a).

SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE
MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A
CONTINGENCY OPERATION.

(a) Protection of Servicemembers Against Default Judgments.--
Section 201(a) of the Servicemembers Civil Relief Act (50 U.S.C. App.
521(a)) is amended by inserting ``, including any child custody
proceeding,'' after ``proceeding''.
(b) Stay of Proceedings When Servicemember Has Notice.--Section
202(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 522(a))
is amended by inserting ``, including any child custody proceeding,''
after ``civil action or proceeding''.

SEC. 585. FAMILY LEAVE IN CONNECTION WITH INJURED MEMBERS OF THE ARMED
FORCES.

(a) Servicemember Family Leave.--
(1) Definitions.--Section 101 of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the
following new paragraphs:
``(14) Active duty.--The term `active duty' means duty under a
call or order to active duty under a provision of law referred to
in section 101(a)(13)(B) of title 10, United States Code.
``(15) Contingency operation.--The term `contingency operation'
has the same meaning given such term in section 101(a)(13) of title
10, United States Code.
``(16) Covered servicemember.--The term `covered servicemember'
means a member of the Armed Forces, including a member of the
National Guard or Reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for a serious
injury or illness.
``(17) Outpatient status.--The term `outpatient status', with
respect to a covered servicemember, means the status of a member of
the Armed Forces assigned to--
``(A) a military medical treatment facility as an
outpatient; or
``(B) a unit established for the purpose of providing
command and control of members of the Armed Forces receiving
medical care as outpatients.
``(18) Next of kin.--The term `next of kin', used with respect
to an individual, means the nearest blood relative of that
individual.
``(19) Serious injury or illness.--The term `serious injury or
illness', in the case of a member of the Armed Forces, including a
member of the National Guard or Reserves, means an injury or
illness incurred by the member in line of duty on active duty in
the Armed Forces that may render the member medically unfit to
perform the duties of the member's office, grade, rank, or
rating.''.
(2) Entitlement to leave.--Section 102(a) of such Act (29
U.S.C. 2612(a)) is amended--
(A) in paragraph (1), by adding at the end the following
new subparagraph:
``(E) Because of any qualifying exigency (as the Secretary
shall, by regulation, determine) arising out of the fact that
the spouse, or a son, daughter, or parent of the employee is on
active duty (or has been notified of an impending call or order
to active duty) in the Armed Forces in support of a contingency
operation.''; and
(B) by adding at the end the following new paragraphs:
``(3) Servicemember family leave.--Subject to section 103, an
eligible employee who is the spouse, son, daughter, parent, or next
of kin of a covered servicemember shall be entitled to a total of
26 workweeks of leave during a 12-month period to care for the
servicemember. The leave described in this paragraph shall only be
available during a single 12-month period.
``(4) Combined leave total.--During the single 12-month period
described in paragraph (3), an eligible employee shall be entitled
to a combined total of 26 workweeks of leave under paragraphs (1)
and (3). Nothing in this paragraph shall be construed to limit the
availability of leave under paragraph (1) during any other 12-month
period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 102(b) of such Act (29 U.S.C.
2612(b)) is amended--
(i) in paragraph (1), in the second sentence--

(I) by striking ``section 103(b)(5)'' and inserting
``subsection (b)(5) or (f) (as appropriate) of section
103''; and
(II) by inserting ``or under subsection (a)(3)''
after ``subsection (a)(1)'';

(ii) in paragraph (1), by inserting after the second
sentence the following new sentence: ``Subject to
subsection (e)(3) and section 103(f), leave under
subsection (a)(1)(E) may be taken intermittently or on a
reduced leave schedule.''; and
(iii) in paragraph (2), by inserting ``or under
subsection (a)(3)'' after ``subsection (a)(1)''.
(B) Substitution of paid leave.--Section 102(d) of such Act
(29 U.S.C. 2612(d)) is amended--
(i) in paragraph (1)--

(I) by inserting ``(or 26 workweeks in the case of
leave provided under subsection (a)(3))'' after ``12
workweeks'' the first place it appears; and
(II) by inserting ``(or 26 workweeks, as
appropriate)'' after ``12 workweeks'' the second place
it appears;

(ii) in paragraph (2)(A), by striking ``or (C)'' and
inserting ``(C), or (E)''; and
(iii) in paragraph (2)(B), by adding at the end the
following: ``An eligible employee may elect, or an employer
may require the employee, to substitute any of the accrued
paid vacation leave, personal leave, family leave, or
medical or sick leave of the employee for leave provided
under subsection (a)(3) for any part of the 26-week period
of such leave under such subsection, except that nothing in
this title requires an employer to provide paid sick leave
or paid medical leave in any situation in which the
employer would not normally provide any such paid leave.''.
(C) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e))
is amended--
(i) in paragraph (2), by inserting ``or under
subsection (a)(3)'' after ``subsection (a)(1)''; and
(ii) by adding at the end the following new paragraph:
``(3) Notice for leave due to active duty of family member.--In
any case in which the necessity for leave under subsection
(a)(1)(E) is foreseeable, whether because the spouse, or a son,
daughter, or parent, of the employee is on active duty, or because
of notification of an impending call or order to active duty in
support of a contingency operation, the employee shall provide such
notice to the employer as is reasonable and practicable.''.
(D) Spouses employed by same employer.--Section 102(f) of
such Act (29 U.S.C. 2612(f)) is amended--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), and aligning the margins of the
subparagraphs with the margins of section 102(e)(2)(A);
(ii) by striking ``In any'' and inserting the
following:
``(1) In general.--In any''; and
(iii) by adding at the end the following:
``(2) Servicemember family leave.--
``(A) In general.--The aggregate number of workweeks of
leave to which both that husband and wife may be entitled under
subsection (a) may be limited to 26 workweeks during the single
12-month period described in subsection (a)(3) if the leave
is--
``(i) leave under subsection (a)(3); or
``(ii) a combination of leave under subsection (a)(3)
and leave described in paragraph (1).
``(B) Both limitations applicable.--If the leave taken by
the husband and wife includes leave described in paragraph (1),
the limitation in paragraph (1) shall apply to the leave
described in paragraph (1).''.
(E) Certification requirements.--Section 103 of such Act
(29 U.S.C. 2613) is amended--
(i) in subsection (a)--

(I) by striking ``section 102(a)(1)'' and inserting
``paragraph (1) or paragraph (3) of section 102(a)'';
and
(II) by inserting ``or of the next of kin of an
individual in the case of leave taken under such
paragraph (3),'' after ``parent of the employee,''; and

(ii) by adding at the end the following:
``(f) Certification Related to Active Duty or Call to Active
Duty.--An employer may require that a request for leave under section
102(a)(1)(E) be supported by a certification issued at such time and in
such manner as the Secretary may by regulation prescribe. If the
Secretary issues a regulation requiring such certification, the
employee shall provide, in a timely manner, a copy of such
certification to the employer.''.
(F) Failure to return.--Section 104(c) of such Act (29
U.S.C. 2614(c)) is amended--
(i) in paragraph (2)(B)(i), by inserting ``or under
section 102(a)(3)'' before the semicolon; and
(ii) in paragraph (3)(A)--

(I) in clause (i), by striking ``or'' at the end;
(II) in clause (ii), by striking the period and
inserting ``; or''; and
(III) by adding at the end the following:

``(iii) a certification issued by the health care
provider of the servicemember being cared for by the
employee, in the case of an employee unable to return to
work because of a condition specified in section
102(a)(3).''.
(G) Enforcement.--Section 107 of such Act (29 U.S.C. 2617)
is amended, in subsection (a)(1)(A)(i)(II), by inserting ``(or
26 weeks, in a case involving leave under section 102(a)(3))''
after ``12 weeks''.
(H) Instructional employees.--Section 108 of such Act (29
U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and
(d)(3), by inserting ``or under section 102(a)(3)'' after
``section 102(a)(1)''.
(b) Servicemember Family Leave for Civil Service Employees.--
(1) Definitions.--Section 6381 of title 5, United States Code,
is amended--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(7) the term `active duty' means duty under a call or order
to active duty under a provision of law referred to in section
101(a)(13)(B) of title 10;
``(8) the term `covered servicemember' means a member of the
Armed Forces, including a member of the National Guard or Reserves,
who is undergoing medical treatment, recuperation, or therapy, is
otherwise in an outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or illness;
``(9) the term `outpatient status', with respect to a covered
servicemember, means the status of a member of the Armed Forces
assigned to--
``(A) a military medical treatment facility as an
outpatient; or
``(B) a unit established for the purpose of providing
command and control of members of the Armed Forces receiving
medical care as outpatients;
``(10) the term `next of kin', used with respect to an
individual, means the nearest blood relative of that individual;
and
``(11) the term `serious injury or illness', in the case of a
member of the Armed Forces, means an injury or illness incurred by
the member in line of duty on active duty in the Armed Forces that
may render the member medically unfit to perform the duties of the
member's office, grade, rank, or rating.''.
(2) Entitlement to leave.--Section 6382(a) of such title is
amended by adding at the end the following:
``(3) Subject to section 6383, an employee who is the spouse, son,
daughter, parent, or next of kin of a covered servicemember shall be
entitled to a total of 26 administrative workweeks of leave during a
12-month period to care for the servicemember. The leave described in
this paragraph shall only be available during a single 12-month period.
``(4) During the single 12-month period described in paragraph (3),
an employee shall be entitled to a combined total of 26 administrative
workweeks of leave under paragraphs (1) and (3). Nothing in this
paragraph shall be construed to limit the availability of leave under
paragraph (1) during any other 12-month period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 6382(b) of such title is amended--
(i) in paragraph (1), in the second sentence--

(I) by striking ``section 6383(b)(5)'' and
inserting ``subsection (b)(5) or (f) (as appropriate)
of section 6383''; and
(II) by inserting ``or under subsection (a)(3)''
after ``subsection (a)(1)''; and

(ii) in paragraph (2), by inserting ``or under
subsection (a)(3)'' after ``subsection (a)(1)''.
(B) Substitution of paid leave.--Section 6382(d) of such
title is amended by adding at the end the following: ``An
employee may elect to substitute for leave under subsection
(a)(3) any of the employee's accrued or accumulated annual or
sick leave under subchapter I for any part of the 26-week
period of leave under such subsection.''.
(C) Notice.--Section 6382(e) of such title is amended by
inserting ``or under subsection (a)(3)'' after ``subsection
(a)(1)''.
(D) Certification.--Section 6383 of such title is amended
by adding at the end the following:
``(f) An employing agency may require that a request for leave
under section 6382(a)(3) be supported by a certification issued at such
time and in such manner as the Office of Personnel Management may by
regulation prescribe.''.

SEC. 586. FAMILY CARE PLANS AND DEFERMENT OF DEPLOYMENT OF SINGLE
PARENT OR DUAL MILITARY COUPLES WITH MINOR DEPENDENTS.

The Secretary of Defense shall establish appropriate procedures to
ensure that an adequate family care plan is in place for a member of
the Armed Forces with minor dependents who is a single parent or whose
spouse is also a member of the Armed Forces when the member may be
deployed in an area for which imminent danger pay is authorized under
section 310 of title 37, United States Code. Such procedures should
allow the member to request a deferment of deployment due to unforeseen
circumstances, and the request for such a deferment should be
considered and responded to promptly.

SEC. 587. EDUCATION AND TREATMENT SERVICES FOR MILITARY DEPENDENT
CHILDREN WITH AUTISM.

(a) Assessment of Availability of Services.--The Secretary of
Defense shall conduct a comprehensive assessment of the availability of
Federal, State, and local education and treatment services on and in
the vicinity of a covered military installation for children of members
of the Armed Forces who are diagnosed with autism. This assessment
shall include the following:
(1) The local availability of adequate educational services for
children with autism.
(2) The local availability of adequate medical services for
children with autism.
(3) The local availability of supplemental services for
children with autism.
(4) The ease of access of children with autism to adequate
educational services, such as the length of time on waiting lists.
(b) Review of Best Practices.--In preparing the assessment under
subsection (a), the Secretary of Defense shall conduct a review of best
practices in the United States in the provision of covered educational
services and treatment services for children with autism, including an
assessment of Federal and State education and treatment services for
children with autism in each State, with an emphasis on locations where
eligible members and eligible dependents reside. The Secretary of
Defense shall conduct the review in coordination with the Secretary of
Education.
(c) Personnel Management Requirements.--
(1) Limited stationing options.--The Secretary of the military
department concerned shall ensure that, whenever practicable,
eligible members are only assigned to military installations that
are identified in the report required by subsection (g)(1).
(2) Stabilization policy.--The Secretary of the military
department concerned shall ensure that, whenever practicable, the
families of eligible members residing at a military installation
that is identified in such report are permitted to remain at that
installation for a period of not less than 4 years.
(d) Case Managers and Services.--
(1) Case managers.--The Secretary of the military department
concerned shall ensure that eligible members are assigned case
managers for both medical services and covered educational services
for eligible dependents, which shall be required under the
Exceptional Family Member Program pursuant to the policy
established by the Secretary.
(2) Individualized services plan.--The Secretary of the
military department concerned shall provide for the voluntary
development for eligible dependents of individualized autism
services plans for use by case managers, caregivers, and families
to ensure continuity of services throughout the active military
service of eligible members.
(3) Autism support centers.--The Secretary of the military
department concerned may establish local centers on military
installations for the purpose of providing and coordinating autism
services for eligible dependents.
(4) Partnerships and contracts.--The Secretary of the military
department concerned is encouraged to enter into partnerships or
contracts with other appropriate public and private entities to
carry out the responsibilities of this section.
(e) Demonstration Projects.--
(1) Projects authorized.--The Secretary of Defense may conduct
1 or more demonstration projects to evaluate improved approaches to
the provision of covered educational services and treatment
services to eligible dependents for the purpose of evaluating
strategies for integrated treatment and case manager services,
including early intervention and diagnosis, medical care, parent
involvement, special education services, intensive behavioral
intervention, and language, communications, and other interventions
considered appropriate by the Secretary.
(2) Case managers and services plan.--Each demonstration
project shall include the assignment of case managers under
paragraph (1) of subsection (d) and utilize the services plans
prepared for eligible dependents under paragraph (2) of such
subsection.
(3) Supervisory level providers.--The Secretary of Defense may
utilize for purposes of the demonstration projects personnel who
are professionals with a level (as determined by the Secretary) of
post-secondary education that is appropriate for the provision of
safe and effective services for autism and who are from an
accredited educational facility in the mental health, human
development, social work, or education field to act as supervisory
level providers of behavioral intervention services for autism. In
so acting, such personnel may be authorized--
(A) to develop and monitor intensive behavior intervention
plans for eligible dependents who are participating in the
demonstration projects; and
(B) to provide appropriate training in the provision of
approved services to participating eligible dependents.
(4) Services under corporate services provider model.--In
carrying out the demonstration projects, the Secretary of Defense
may utilize a corporate services provider model. Employees of a
provider under such a model shall include personnel who implement
special educational and behavioral intervention plans for eligible
dependents that are developed, reviewed, and maintained by
supervisory level providers approved by the Secretary. In
authorizing such a model, the Secretary shall establish--
(A) minimum education, training, and experience criteria
required to be met by employees who provide services to
eligible dependents;
(B) requirements for supervisory personnel and supervision,
including requirements for supervisor credentials and for the
frequency and intensity of supervision; and
(C) such other requirements as the Secretary considers
appropriate to ensure safety and the protection of the eligible
dependents who receive services from such employees under the
demonstration projects.
(5) Period.--If the Secretary of Defense determines to conduct
demonstration projects under this subsection, the Secretary shall
commence such demonstration projects not later than 180 days after
the date of the enactment of this Act. The demonstration projects
shall be conducted for not less than 2 years.
(6) Evaluation.--The Secretary of Defense shall conduct an
evaluation of each demonstration project conducted under this
section. The evaluation shall include the following:
(A) An assessment of the extent to which the activities
under the demonstration project contributed to positive
outcomes for eligible dependents.
(B) An assessment of the extent to which the activities
under the demonstration project led to improvements in services
and continuity of care for eligible dependents.
(C) An assessment of the extent to which the activities
under the demonstration project improved military family
readiness and enhanced military retention.
(f) Relationship to Other Benefits.--Nothing in this section
precludes the eligibility of members of the Armed Forces and their
dependents for extended benefits under section 1079 of title 10, United
States Code.
(g) Reports.--
(1) Report identifying covered military installations.--As a
result of the assessment required by subsection (a), the Secretary
of Defense shall submit to the congressional defense committees,
not later than December 31, 2008, a report identifying those
covered military installations that have covered educational
services and facilities available (on the installation or in the
vicinity of the installation) for eligible dependents that provide
special education and related services consistent with the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.).
(2) Reports on demonstration projects.--Not later than 30
months after the commencement of any demonstration project under
subsection (e), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the demonstration project. The report
shall include a description of the project, the results of the
evaluation under subsection (e)(6) with respect to the project, and
a description of plans for the further provision of services for
eligible dependents under the project.
(h) Covered Educational Services Plan.--After completing the
assessment required by subsection (a) and the report required by
subsection (g)(1), the Secretary of Defense shall develop a plan that
would ensure that all eligible dependents are able to obtain covered
educational services. In the event that eligible members are assigned
to military installations that are not identified in the report
required by subsection (g)(1), the plan should ensure that such
eligible dependents are still able to obtain covered educational
services, including by the use of authority granted to the Secretary
under section 2164 of title 10, United States Code. The plan shall also
include any legislative actions that the Secretary recommends to
implement the plan and describe what funding or funding mechanisms may
be needed to ensure eligible dependents obtain covered educational
services. The Secretary shall submit the plan to the congressional
defense committees not later than July 1, 2009.
(i) Definitions.--In this section:
(1) The term ``autism'' refers to the Autism Spectrum
Disorders, which are developmental disabilities that cause
substantial impairments in the areas of social interaction,
emotional regulation, communication, and the integration of higher-
order cognitive processes and are often characterized by the
presence of unusual behaviors and interests. The term includes
autistic disorder, pervasive developmental disorder (not otherwise
specified), and Asperger's syndrome.
(2) The term ``child'' has the meaning given that term in
section 1072 of title 10, United States Code.
(3) The term ``covered military installation'' means a military
installation at which at least 1,000 members of the Armed Forces
are assigned who are eligible for an assignment accompanied by
dependents.
(4) The term ``eligible member'' means a member of the Armed
Forces who--
(A) has a dependent child who is diagnosed with autism; and
(B) is enrolled in an Exceptional Family Member Program of
the Department of Defense.
(5) The term ``eligible dependent'' means a child of an
eligible member who is diagnosed with autism.
(6) 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)), except that the term
includes publicly financed schools in communities, Department of
Defense domestic dependent elementary and secondary schools, and
schools of the defense dependents' education system.
(7) The term ``covered educational services'' includes
behavioral intervention services for autism, such as Applied
Behavioral Analysis.

SEC. 588. COMMENDATION OF EFFORTS OF PROJECT COMPASSION IN PAYING
TRIBUTE TO MEMBERS OF THE ARMED FORCES WHO HAVE FALLEN IN
THE SERVICE OF THE UNITED STATES.

(a) Commendation.--Congress, on the behalf of the people of the
United States, commends Kaziah M. Hancock and the 4 other volunteer
professional portrait artists of the nonprofit organization known as
Project Compassion, as well as the entire Project Compassion
organization, for their ongoing efforts to provide, without charge, to
the family of each member of the Armed Forces who has died on active
duty since September 11, 2001, a museum-quality original oil portrait
of the member.
(b) Sense of Congress.--It is the sense of Congress that the people
of the United States owe the deepest gratitude to Kaziah M. Hancock and
the members of Project Compassion.

Subtitle I--Other Matters

SEC. 590. UNIFORM PERFORMANCE POLICIES FOR MILITARY BANDS AND OTHER
MUSICAL UNITS.

(a) In General.--
(1) Consolidation of separate authorities.--Chapter 49 of title
10, United States Code, is amended by inserting after section 973
the following new section:

``Sec. 974. Uniform performance policies for military bands and other
musical units

``(a) Restrictions on Competition and Remuneration.--Bands,
ensembles, choruses, or similar musical units of the armed forces,
including individual members of such a unit performing in an official
capacity, may not--
``(1) engage in the performance of music in competition with
local civilian musicians; or
``(2) receive remuneration for official performances.
``(b) Members Performing in Personal Capacity.--A member of a band,
ensemble, chorus, or similar musical unit of the armed forces may
engage in the performance of music in the member's personal capacity,
as an individual or part of a group, for remuneration or otherwise, if
the member--
``(1) does not wear a military uniform for the performance;
``(2) does not identify himself or herself as a member of the
armed forces in connection with the performance; and
``(3) complies with all other applicable regulations and
standards of conduct.
``(c) Recordings.--(1) When authorized pursuant to regulations
prescribed by the Secretary of Defense for purposes of this section,
bands, ensembles, choruses, or similar musical units of the armed
forces may produce recordings for distribution to the public, at a cost
not to exceed production and distribution expenses.
``(2) Amounts received in payment for recordings distributed to the
public under this subsection shall be credited to the appropriation or
account providing the funds for the production of such recordings. Any
amounts so credited shall be merged with amounts in the appropriation
or account to which credited, and shall be available for the same
purposes, and subject to the same conditions and limitations, as
amounts in such appropriation or account.
``(d) Performance of Music in Competition With Local Civilian
Musicians Defined.--(1) In this section, the term `performance of music
in competition with local civilian musicians' includes performances--
``(A) that are more than incidental to events that are not
supported solely by appropriated funds and are not free to the
public; and
``(B) of background, dinner, dance, or other social music at
events, regardless of location, that are not supported solely by
appropriated funds.
``(2) The term does not include performances--
``(A) at official Federal Government events that are supported
solely by appropriated funds;
``(B) at concerts, parades, and other events that are patriotic
events or celebrations of national holidays and are free to the
public; or
``(C) that are incidental, such as short performances of
military or patriotic music to open or close events, to events that
are not supported solely by appropriated funds, in compliance with
applicable rules and regulations.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 973 the following new item:

``974. Uniform performance policies for military bands and other musical
units.''.

(b) Repeal of Separate Service Authorities.--
(1) Repeal.--Sections 3634, 6223, and 8634 of such title are
repealed.
(2) Table of sections.--(A) The table of sections at the
beginning of chapter 349 of such title is amended by striking the
item relating to section 3634.
(B) The table of sections at the beginning of chapter 565 of
such title is amended by striking the item relating to section
6223.
(C) The table of sections at the beginning of chapter 849 of
such title is amended by striking the item relating to section
8634.

SEC. 591. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS OF THE ARMED
FORCES AND CERTAIN OTHER PERSONS.

Section 1482(a)(8) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``When transportation of
the remains includes transportation by aircraft under section 562 of
the John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 10 U.S.C. 1482 note), the Secretary concerned
shall provide, to the maximum extent practicable, for delivery of the
remains by air to the commercial, general aviation, or military airport
nearest to the place selected by the designee.''.

SEC. 592. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN ANY STATE
UNDER STARBASE PROGRAM.

Section 2193b(c)(3) of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``more than two
academies'' and inserting ``more than four academies''; and
(2) in subparagraph (B), by striking ``in excess of two'' both
places it appears and inserting ``in excess of four''.

SEC. 593. GIFT ACCEPTANCE AUTHORITY.

(a) Permanent Authority To Accept Gifts on Behalf of the Wounded.--
Section 2601(b) of title 10, United States Code, is amended by striking
paragraph (4).
(b) Limitation on Solicitation of Gifts.--The Secretary of Defense
shall prescribe regulations implementing sections 2601 and 2608 of
title 10, United States Code, that prohibit the solicitation of any
gift under such sections by any employee of the Department of Defense
if the nature or circumstances of such solicitation would compromise
the integrity or the appearance of integrity of any program of the
Department of Defense or of any individual involved in such program.

SEC. 594. CONDUCT BY MEMBERS OF THE ARMED FORCES AND VETERANS OUT OF
UNIFORM DURING HOISTING, LOWERING, OR PASSING OF UNITED
STATES FLAG.

Section 9 of title 4, United States Code, is amended by striking
``all persons present'' and all that follows through the end of the
section and inserting the following: ``all persons present in uniform
should render the military salute. Members of the Armed Forces and
veterans who are present but not in uniform may render the military
salute. All other persons present should face the flag and stand at
attention with their right hand over the heart, or if applicable,
remove their headdress with their right hand and hold it at the left
shoulder, the hand being over the heart. Citizens of other countries
present should stand at attention. All such conduct toward the flag in
a moving column should be rendered at the moment the flag passes.''.

SEC. 595. ANNUAL REPORT ON CASES REVIEWED BY NATIONAL COMMITTEE FOR
EMPLOYER SUPPORT OF THE GUARD AND RESERVE.

Section 4332 of title 38, United States Code, is amended--
(1) by redesignating paragraphs (2), (3), (4), (5), and (6) as
paragraphs (3), (4), (5), (6), and (7) respectively;
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The number of cases reviewed by the Secretary of Defense
under the National Committee for Employer Support of the Guard and
Reserve of the Department of Defense during the fiscal year for
which the report is made.''; and
(3) in paragraph (5), as so redesignated, by striking ``(2), or
(3)'' and inserting ``(2), (3), or (4)''.

SEC. 596. MODIFICATION OF CERTIFICATE OF RELEASE OR DISCHARGE FROM
ACTIVE DUTY (DD FORM 214).

The Secretary of Defense, in consultation with the Secretary of
Veterans Affairs, shall modify the Certificate of Release or Discharge
from Active Duty (DD Form 214) in order to permit a member of the Armed
Forces, upon discharge or release from active duty in the Armed Forces,
to elect that the DD-214 issued with regard to the member be forwarded
to the following:
(1) The Central Office of the Department of Veterans Affairs in
the District of Columbia.
(2) The appropriate office of the Department of Veterans
Affairs for the State or other locality in which the member will
first reside after such discharge or release.

SEC. 597. REPORTS ON ADMINISTRATIVE SEPARATIONS OF MEMBERS OF THE ARMED
FORCES FOR PERSONALITY DISORDER.

(a) Secretary of Defense Report on Administrative Separations Based
on Personality Disorder.--
(1) Report required.--Not later than April 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
all cases of administrative separation from the Armed Forces of
covered members of the Armed Forces on the basis of a personality
disorder.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A statement of the total number of cases, by Armed
Force, in which covered members of the Armed Forces have been
separated from the Armed Forces on the basis of a personality
disorder, and an identification of the various forms of
personality disorder forming the basis for such separations.
(B) A statement of the total number of cases, by Armed
Force, in which covered members of the Armed Forces who have
served in Iraq and Afghanistan since October 2001 have been
separated from the Armed Forces on the basis of a personality
disorder, and the identification of the various forms of
personality disorder forming the basis for such separations.
(C) A summary of the policies, by Armed Force, controlling
administrative separations of members of the Armed Forces based
on personality disorder, and an evaluation of the adequacy of
such policies for ensuring that covered members of the Armed
Forces who may be eligible for disability evaluation due to
mental health conditions are not separated from the Armed
Forces on the basis of a personality disorder.
(D) A discussion of measures being implemented to ensure
that members of the Armed Forces who should be evaluated for
disability separation or retirement due to mental health
conditions are not processed for separation from the Armed
Forces on the basis of a personality disorder, and
recommendations regarding how members of the Armed Forces who
may have been so separated from the Armed Forces should be
provided with expedited review by the applicable board for the
correction of military records.
(b) Comptroller General Report on Policies on Administrative
Separation Based on Personality Disorder.--
(1) Report required.--Not later than June 1, 2008, the
Comptroller General shall submit to Congress a report evaluating
the policies and procedures of the Department of Defense and of the
military departments relating to the separation of members of the
Armed Forces based on a personality disorder.
(2) Elements.--The report required by paragraph (1) shall--
(A) include an audit of a sampling of cases to determine
the validity and clinical efficacy of the policies and
procedures referred to in paragraph (1) and the extent, if any,
of the divergence between the terms of such policies and
procedures and the implementation of such policies and
procedures; and
(B) include a determination by the Comptroller General of
whether, and to what extent, the policies and procedures
referred to in paragraph (1)--
(i) deviate from standard clinical diagnostic practices
and current clinical standards; and
(ii) provide adequate safeguards aimed at ensuring that
members of the Armed Forces who suffer from mental health
conditions (including depression, post-traumatic stress
disorder, or traumatic brain injury) resulting from service
in a combat zone are not separated from the Armed Forces on
the basis of a personality disorder.
(3) Alternative submission method.--In lieu of submitting a
separate report under this subsection, the Comptroller may include
the evaluation, audit and determination required by this subsection
as part of the study of mental health services required by section
723 of the Ronald W. Reagan National Defense Authorization Act of
2005 (Public Law 108-375; 118 Stat. 1989).
(c) Covered Member of the Armed Forces Defined.--In this section,
the term ``covered member of the Armed Forces'' includes the following:
(1) Any member of a regular component of the Armed Forces who
has served in Iraq or Afghanistan since October 2001.
(2) Any member of the Selected Reserve of the Ready Reserve of
the Armed Forces who served on active duty in Iraq or Afghanistan
since October 2001.

SEC. 598. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE VIETNAM WAR.

(a) Commemorative Program Authorized.--The Secretary of Defense may
conduct a program to commemorate the 50th anniversary of the Vietnam
War. In conducting the commemorative program, the Secretary shall
coordinate, support, and facilitate other programs and activities of
the Federal Government, State and local governments, and other persons
and organizations in commemoration of the Vietnam War.
(b) Schedule.--The Secretary of Defense shall determine the
schedule of major events and priority of efforts for the commemorative
program in order to ensure achievement of the objectives specified in
subsection (c).
(c) Commemorative Activities and Objectives.--The commemorative
program may include activities and ceremonies to achieve the following
objectives:
(1) To thank and honor veterans of the Vietnam War, including
personnel who were held as prisoners of war or listed as missing in
action, for their service and sacrifice on behalf of the United
States and to thank and honor the families of these veterans.
(2) To highlight the service of the Armed Forces during the
Vietnam War and the contributions of Federal agencies and
governmental and non-governmental organizations that served with,
or in support of, the Armed Forces.
(3) To pay tribute to the contributions made on the home front
by the people of the United States during the Vietnam War.
(4) To highlight the advances in technology, science, and
medicine related to military research conducted during the Vietnam
War.
(5) To recognize the contributions and sacrifices made by the
allies of the United States during the Vietnam War.
(d) Names and Symbols.--The Secretary of Defense shall have the
sole and exclusive right to use the name ``The United States of America
Vietnam War Commemoration'', and such seal, emblems, and badges
incorporating such name as the Secretary may lawfully adopt. Nothing in
this section may be construed to supersede rights that are established
or vested before the date of the enactment of this Act.
(e) Commemorative Fund.--
(1) Establishment and administration.--If the Secretary
establishes the commemorative program under subsection (a), the
Secretary the Treasury shall establish in the Treasury of the
United States an account to be known as the ``Department of Defense
Vietnam War Commemoration Fund'' (in this section referred to as
the ``Fund''). The Fund shall be administered by the Secretary of
Defense.
(2) Use of fund.--The Secretary shall use the assets of the
Fund only for the purpose of conducting the commemorative program
and shall prescribe such regulations regarding the use of the Fund
as the Secretary considers to be necessary.
(3) Deposits.--There shall be deposited into the Fund--
(A) amounts appropriated to the Fund;
(B) proceeds derived from the Secretary's use of the
exclusive rights described in subsection (d);
(C) donations made in support of the commemorative program
by private and corporate donors; and
(D) funds transferred to the Fund by the Secretary from
funds appropriated for fiscal year 2008 and subsequent years
for the Department of Defense.
(4) Availability.--Subject to subsection (g)(2), amounts
deposited under paragraph (3) shall constitute the assets of the
Fund and remain available until expended.
(5) Budget request.--The Secretary of Defense may establish a
separate budget line for the commemorative program. In the budget
justification materials submitted by the Secretary in support of
the budget of the President for any fiscal year for which the
Secretary establishes the separate budget line, the Secretary
shall--
(A) identify and explain any amounts expended for the
commemorative program in the fiscal year preceding the budget
request;
(B) identify and explain the amounts being requested to
support the commemorative program for the fiscal year of the
budget request; and
(C) present a summary of the fiscal status of the Fund.
(f) Acceptance of Voluntary Services.--
(1) Authority to accept services.--Notwithstanding section 1342
of title 31, United States Code, the Secretary of Defense may
accept from any person voluntary services to be provided in
furtherance of the commemorative program. The Secretary of Defense
shall prohibit the solicitation of any voluntary services if the
nature or circumstances of such solicitation would compromise the
integrity or the appearance of integrity of any program of the
Department of Defense or of any individual involved in the program.
(2) Reimbursement of incidental expenses.--The Secretary may
provide for reimbursement of incidental expenses incurred by a
person providing voluntary services under this subsection. The
Secretary shall determine which expenses are eligible for
reimbursement under this paragraph.
(g) Final Report.--
(1) Report required.--Not later than 60 days after the end of
the commemorative program, if established by the Secretary of
Defense under subsection (a), the Secretary shall submit to
Congress a report containing an accounting of--
(A) all of the funds deposited into and expended from the
Fund;
(B) any other funds expended under this section; and
(C) any unobligated funds remaining in the Fund.
(2) Treatment of unobligated funds.--Unobligated amounts
remaining in the Fund as of the end of the commemorative period
specified in subsection (b) shall be held in the Fund until
transferred by law.
(h) Limitation on Expenditures.--Total expenditures from the Fund,
using amounts appropriated to the Department of Defense, may not exceed
$5,000,000 for fiscal year 2008 or for any subsequent fiscal year to
carry out the commemorative program.
(i) Funding.--Of the amount authorized to be appropriated pursuant
to section 301(5) for Defense-wide activities, $1,000,000 shall be
available for deposit in the Fund for fiscal year 2008 if the Fund is
established under subsection (e).

SEC. 599. RECOGNITION OF MEMBERS OF THE MONUMENTS, FINE ARTS, AND
ARCHIVES PROGRAM OF THE CIVIL AFFAIRS AND MILITARY
GOVERNMENT SECTIONS OF THE ARMED FORCES DURING AND
FOLLOWING WORLD WAR II.

Congress hereby--
(1) recognizes the men and women who served in the Monuments,
Fine Arts, and Archives program (MFAA) under the Civil Affairs and
Military Government Sections of the United States Armed Forces for
their heroic role in the preservation, protection, and restitution
of monuments, works of art, and other artifacts of inestimable
cultural importance in Europe and Asia during and following World
War II;
(2) recognizes that without their dedication and service, many
more of the world's artistic and historic treasures would have been
destroyed or lost forever amidst the chaos and destruction of World
War II;
(3) acknowledges that the detailed catalogues, documentation,
inventories, and photographs developed and compiled by MFAA
personnel during and following World War II, have made, and
continue to make, possible the restitution of stolen works of art
to their rightful owners; and
(4) commends and extols the members of the MFAA for
establishing a precedent for action to protect cultural property in
the event of armed conflict, and by their action setting a standard
not just for one country, but for people of all nations to
acknowledge and uphold.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Subtitle B--Bonuses and Special and Incentive Pays

Subtitle C--Travel and Transportation Allowances

Subtitle D--Retired Pay and Survivor Benefits

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities

Sec. 661. Consolidation of special pay, incentive pay, and bonus
authorities of the uniformed services.
Sec. 662. Transitional provisions.

Subtitle G--Other Matters

Subtitle A--Pay and Allowances

SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC PAY.

(a) Rescission of Prior Basic Pay Adjustment.--The adjustment made
as of January 1, 2008, pursuant to section 4 of Executive Order No.
13454 (issued January 4, 2008), in elements of compensation of members
of the uniformed services pursuant to section 1009 of title 37, United
States Code, is hereby rescinded in order to permit the 3.5 percent
increase in monthly basic pay for members of the uniformed services
required by subsection (b) to take effect as intended.
(b) Increase in Basic Pay.--Effective as of January 1, 2008, the
rates of monthly basic pay for members of the uniformed services are
increased by 3.5 percent.

SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT MEMBERS
WITHOUT DEPENDENTS WHO ATTEND ACCESSION TRAINING WHILE
MAINTAINING A PRIMARY RESIDENCE.

(a) Availability of Allowance.--Section 403(g)(1) of title 37,
United States Code, is amended--
(1) by inserting ``to attend accession training,'' after
``active duty'' the first place it appears; and
(2) by inserting a comma after ``contingency operation'' the
first place it appears.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to months beginning on or after the date of the
enactment of this Act.

SEC. 603. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR TEMPORARY LODGING
EXPENSES FOR MEMBERS OF THE ARMED FORCES IN AREAS SUBJECT
TO MAJOR DISASTER DECLARATION OR FOR INSTALLATIONS
EXPERIENCING SUDDEN INCREASE IN PERSONNEL LEVELS.

(a) Maximum Period of Receipt of Expenses.--Section 404a(c)(3) of
title 37, United States Code, is amended by striking ``20 days'' and
inserting ``60 days''.
(b) Extension of Authority for Increase in Certain BAH.--Section
403(b)(7)(E) of such title is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.

SEC. 604. INCOME REPLACEMENT PAYMENTS FOR RESERVE COMPONENT MEMBERS
EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR
ACTIVE DUTY SERVICE.

(a) Clarification Regarding When Payments Required.--Subsection (a)
of section 910 of title 37, United States Code, is amended by inserting
before the period at the end of the first sentence the following: ``,
when the total monthly military compensation of the member is less than
the average monthly civilian income of the member''.
(b) Eligibility.--Subsection (b) of such section is amended to read
as follows:
``(b) Eligibility.--(1) A member of a reserve component is entitled
to a payment under this section for any full month of active duty of
the member, when the total monthly military compensation of the member
is less than the average monthly civilian income of the member, while
the member is on active duty under an involuntary mobilization order,
following the date on which the member--
``(A) completes 547 continuous days of service on active duty
under an involuntary mobilization order;
``(B) completes 730 cumulative days on active duty under an
involuntary mobilization order during the previous 1,826 days; or
``(C) is involuntarily mobilized for service on active duty for
a period of 180 days or more within 180 days after the date of the
member's separation from a previous period of active duty for a
period of 180 days or more.
``(2) The entitlement of a member of a reserve component to a
payment under this section also shall commence or, if previously
commenced under paragraph (1), shall continue if the member--
``(A) satisfies the required number of days on active duty
specified in subparagraph (A) or (B) of paragraph (1) or was
involuntarily mobilized as provided in subparagraph (C) of such
paragraph; and
``(B) is retained on active duty under subparagraph (A) or (B)
of section 12301(h)(1) of title 10 because of an injury or illness
incurred or aggravated while the member was assigned to duty in an
area for which special pay under section 310 of this title is
available.''.
(c) Termination of Authority.--Subsection (g) of such section is
amended to read as follows:
``(g) Termination.--No payment shall be made to a member under this
section for months beginning after December 31, 2008, unless the
entitlement of the member to payments under this section commenced on
or before that date.''.

SEC. 605. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS OF MEMBERS OF
THE UNIFORMED SERVICES PARTICIPATING IN THRIFT SAVINGS
PLAN.

(a) Semi-Monthly Deposit of Member's Contributions.--Section 1014
of title 37, United States Code, is amended by adding at the end the
following new subsection:
``(c) With respect to a member of the uniformed services who has
elected to participate in the Thrift Savings Plan under section 211 of
this title, subsection (a) does not preclude the payment of an amount
equal to one-half of the monthly deposit to the Thrift Savings Fund
otherwise to be made by the member in participating in the Plan, which
amount may be deposited in the Thrift Savings Fund at midmonth.''.
(b) Semi-Monthly Repayment of Borrowed Amounts.--Section 211 of
such title is amended by adding at the end the following new
subsection:
``(e) Repayment of Amounts Borrowed From Member Account.--If a loan
is issued to a member under section 8433(g) of title 5 from funds in
the member's account in the Thrift Savings Plan, repayment of the loan
may be required on the same semi-monthly basis as authorized for
contributions to the Thrift Savings Fund on behalf of the member under
section 1014(c) of this title.''.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 610. CORRECTION OF LAPSED AUTHORITIES FOR PAYMENT OF BONUSES,
SPECIAL PAYS, AND SIMILAR BENEFITS FOR MEMBERS OF THE
UNIFORMED SERVICES.

(a) Retroactive Effective Date for Payment Authorities.--The
amendments made by sections 611, 612, 613, and 614 shall take effect as
of December 31, 2007.
(b) Ratification of Existing Contingent Agreements.--In the case of
a provision of title 10 or 37, United States Code, amended by section
611, 612, 613, or 614 under which an individual must enter into an
agreement with the Secretary concerned for receipt of a bonus, special
pay, or similar benefit, the Secretary concerned may treat any
agreement entered into under such a provision during the period
beginning on January 1, 2008, and ending on the date of the enactment
of this Act as having taken effect as of the date on which the
agreement was signed by the individual.
(c) Temporary Additional Agreement Authority.--
(1) Authority.--In the case of a provision of title 10 or 37,
United States Code, amended by section 611, 612, 613, or 614 under
which an individual must enter into an agreement with the Secretary
concerned for receipt of a bonus, special pay, or similar benefit,
the Secretary concerned, during the 120-day period beginning on the
date of the enactment of this Act, may treat any agreement entered
into under such a provision by an individual described in paragraph
(2) as having been signed by the individual during the period
beginning on January 1, 2008, and ending on the date of the
enactment of this Act.
(2) Covered individuals.--An individual referred to in
paragraph (1) is an individual who would have met all of the
qualifications for a bonus, special pay, or similar benefit under a
provision of title 10 or 37, United States Code, amended by section
611, 612, 613, or 614 at any time during the period beginning on
January 1, 2008, and ending on the date of the enactment of this
Act, but for the fact that the statutory authority for the bonus,
special pay, or similar benefit lapsed on December 31, 2007.
(d) Tax Treatment.--The payment of a bonus, special pay, or similar
benefit under a provision of title 10 or 37, United States Code,
amended by section 611, 612, 613, or 614 to an individual who would
have been entitled to the tax treatment accorded by section 112 of the
Internal Revenue Code of 1986 on the date on which the member would
have otherwise earned the bonus, special pay, or similar benefit, but
for the fact that the statutory authority for the bonus, special pay,
or similar benefit lapsed on December 31, 2007, shall be treated as
covered by such section 112.
(e) Retroactive Implementation of Army Referral Bonus.--The
Secretary of the Army may pay a bonus under section 3252 of title 10,
United States Code, as added by section 671(a)(1), to an individual
referred to in subsection (a)(2) of such section 3252 who made a
referral, as described in subsection (b) of such section 3252, to an
Army recruiter during the period beginning on January 1, 2008, and
ending on the date of the enactment of this Act.
(f) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(5) of title 37, United States Code.

SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.

(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title
37, United States Code, is amended by striking ``December 31, 2007''
and inserting ``December 31, 2008''.
(b) Selected Reserve Affiliation or Enlistment Bonus.--Section
308c(i) of such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(d) Ready Reserve Enlistment Bonus for Persons Without Prior
Service.--Section 308g(f)(2) of such title is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.
(e) Ready Reserve Enlistment and Reenlistment Bonus for Persons
With Prior Service.--Section 308h(e) of such title is amended by
striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(f) Selected Reserve Enlistment Bonus for Persons With Prior
Service.--Section 308i(f) of such title is amended by striking
``December 31, 2007'' and inserting ``December 31, 2008''.

SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
HEALTH CARE PROFESSIONALS.

(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2007'' and inserting ``December 31, 2008''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``January 1, 2008'' and inserting ``January 1,
2009''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2007'' and inserting ``December 31, 2008''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2007''
and inserting ``December 31, 2008''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(e) of such title is
amended by striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
title is amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(h) Accession Bonus for Medical Officers in Critically Short
Wartime Specialties.--Section 302k(f) of such title is amended by
striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(i) Accession Bonus for Dental Specialist Officers in Critically
Short Wartime Specialties.--Section 302l(g) of such title is amended by
striking ``December 31, 2007'' and inserting ``December 31, 2008''.

SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR
OFFICERS.

(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(f) of title 37, United States Code, is
amended by striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2007'' and inserting ``December
31, 2008''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.

SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.

(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(c) Enlistment Bonus.--Section 309(e) of such title is amended by
striking ``December 31, 2007'' and inserting ``December 31, 2008''.
(d) Retention Bonus for Members With Critical Military Skills or
Assigned to High Priority Units.--Section 323(i) of such title is
amended by striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(e) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
(f) Incentive Bonus for Conversion to Military Occupational
Specialty to Ease Personnel Shortage.--Section 326(g) of such title is
amended by striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(g) Accession Bonus for Officer Candidates.--Section 330(f) of such
title is amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(h) Prohibition on Charges for Meals Received at Military Treatment
Facilities by Members Receiving Continuous Care.--Section 402(h)(3) of
such title is amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.

SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR RETENTION
BONUS FOR MEDICAL OFFICERS.

(a) Incentive Special Pay.--Section 302(b)(1) of title 37, United
States Code, is amended by striking ``$50,000'' and inserting
``$75,000''.
(b) Multiyear Retention Bonus.--Section 301d(a)(2) of title 37,
United States Code, is amended by striking ``$50,000'' and inserting
``$75,000''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to agreements entered into under section 301d(a) or
302b(c) of title 37, United States Code, on or after the date of the
enactment of this Act.

SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPECIAL PAY.

(a) Increase.--Section 302b(a)(4) of title 37, United States Code,
is amended--
(1) in the matter preceding subparagraph (A), by striking ``at
the following rates'' and inserting ``at a rate determined by the
Secretary concerned, which rate may not exceed the following'';
(2) in subparagraph (A), by striking ``$4,000'' and inserting
``$10,000''; and
(3) in subparagraph (B), by striking ``$6,000'' and inserting
``$12,000''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to agreements entered into under section 302b(b) of
title 37, United States Code, on or after the date of the enactment of
this Act.

SEC. 617. INCREASE IN MAXIMUM MONTHLY RATE OF HARDSHIP DUTY PAY AND
AUTHORITY TO PROVIDE HARDSHIP DUTY PAY IN A LUMP SUM.

Section 305 of title 37, United States Code, is amended to read as
follows:

``Sec. 305. Special pay: hardship duty pay

``(a) Special Pay Authorized.--A member of a uniformed service who
is entitled to basic pay may be paid special pay under this section
while the member is performing duty that is designated by the Secretary
of Defense as hardship duty.
``(b) Payment on Monthly or Lump Sum Basis.--Special pay payable
under this section may be paid on a monthly basis or in a lump sum.
``(c) Maximum Rate or Amount.--(1) The monthly rate of special pay
payable to a member under this section may not exceed $1,500.
``(2) The amount of the lump sum payment of special pay payable to
a member under this section may not exceed the product of--
``(A) the maximum monthly rate in effect under paragraph (1) at
the time the member qualifies for payment of special pay under this
section; and
``(B) the number of months during which the member will be
performing the designated hardship duty.
``(d) Relationship to Other Pay and Allowances.--Special pay paid
to a member under this section is in addition to any other pay and
allowances to which the member is entitled.
``(e) Repayment.--A member who is paid special pay in a lump sum
under this section, but who fails to perform the designated hardship
duty during the months included in the calculation of the amount of the
lump sum under subsection (c)(2), shall be subject to the repayment
provisions of section 303a(e) of this title.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations for the payment of hardship duty pay under this section,
including the specific monthly rates at which the special pay will be
available.''.

SEC. 618. DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO INCLUDE SERVICE
AS OFF-CYCLE CREWMEMBERS OF MULTI-CREW SHIPS.

Section 305a(e)(1)(A) of title 37, United States Code, is amended--
(1) by striking ``or'' at the end of clause (ii); and
(2) by adding at the end the following new clause:
``(iv) while serving as an off-cycle crewmember of a multi-
crewed ship; or''.

SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE.

(a) Minimum Term of Reenlistment or Enlistment Extension.--
Subsection (a)(2) of 308b of title 37, United States Code, is amended
by striking ``his enlistment for a period of three years or for a
period of six years'' and inserting ``an enlistment for a period of at
least three years''.
(b) Maximum Bonus Amount.--Subsection (b)(1) of such section is
amended by striking ``may not exceed'' and all that follows through the
end of the paragraph and inserting ``may not exceed $15,000.''.
(c) Conforming Amendments Regarding Eligibility Requirements.--
Subsection (c) of such section is amended--
(1) by striking the subsection heading and all that follows
through ``(2) In the case'' and inserting ``Waiver of Condition on
Eligibility.--In the case''; and
(2) by striking ``paragraph (1)(B) or''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to reenlistments or extensions of enlistment that
occur on or after the date of the enactment of this Act.

SEC. 620. AVAILABILITY OF SELECTED RESERVE ACCESSION BONUS FOR PERSONS
WHO PREVIOUSLY SERVED IN THE ARMED FORCES FOR A SHORT
PERIOD.

Section 308c(c)(1) of title 37, United States Code, is amended by
inserting before the semicolon the following: ``or has served in the
armed forces, but was released from such service before completing the
basic training requirements of the armed force of which the person was
a member and the service was characterized as either honorable or
uncharacterized''.

SEC. 621. AVAILABILITY OF NUCLEAR OFFICER CONTINUATION PAY FOR OFFICERS
WITH MORE THAN 26 YEARS OF COMMISSIONED SERVICE.

(a) Increase.--Section 312 of title 37, United States Code, is
amended--
(1) in subsection (a)(3), by striking ``26 years'' and
inserting ``30 years''; and
(2) in subsection (e)(1), by striking ``the end of 26 years of
commissioned service'' and inserting ``the maximum number of years
of commissioned service authorized by subsection (a)(3)''.
(b) Effect on Existing Agreements.--The Secretary of the Navy and
an officer of the naval service who is a party to an agreement under
section 312 of title 37, United States Code, that was entered into
before the date of the enactment of this Act may revise the agreement
to reflect the new limitation on the number of years of commissioned
service that the officer may serve while remaining eligible for special
pay under such section.

SEC. 622. WAIVER OF YEARS-OF-SERVICE LIMITATION ON RECEIPT OF CRITICAL
SKILLS RETENTION BONUS.

Section 323(e) of title 37, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The Secretary of Defense, or the Secretary of Homeland
Security with respect to the Coast Guard when it is not operating as a
service in the Navy, may waive the limitations in paragraph (1) with
respect to a member who, during the period of active duty or service in
an active status in a reserve component for which the bonus is being
offered, is assigned duties in a skill designated as critical under
subsection (b)(1). The authority to grant a waiver under this paragraph
may not be delegated below the Under Secretary of Defense for Personnel
and Readiness or the Deputy Secretary of the Department of Homeland
Security.''.

SEC. 623. ACCESSION BONUS FOR PARTICIPANTS IN THE ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.

(a) Accession Bonus Authorized.--Subchapter I of chapter 105 of
title 10, United States Code, is amended by adding at the end the
following new section:

``Sec. 2128. Accession bonus for members of the program

``(a) Availability of Bonus.--The Secretary of Defense may offer a
person who enters into an agreement under section 2122(a)(2) of this
title an accession bonus of not more than $20,000 as part of the
agreement.
``(b) Relation to Other Payments.--An accession bonus paid a person
under this section is in addition to any other amounts payable to the
person under this subchapter.
``(c) Repayment.--A person who receives an accession bonus under
this section, but fails to comply with the agreement under section
2122(a)(2) of this title or to commence or complete the active duty
obligation imposed by section 2123 of this title, shall be subject to
the repayment provisions of section 303a(e) of title 37.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:

``2128. Accession bonus for members of the program.''.

(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to agreements entered into under section 2122(a)(2)
of title 10, United States Code, on or after the date of the enactment
of this Act.

SEC. 624. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR RESERVE MEMBERS
SERVING IN COMBAT ZONE FOR MORE THAN 22 MONTHS.

(a) Payment.--The Secretary of a military department may pay
assignment incentive pay under section 307a of title 37, United States
Code, to a member of a reserve component under the jurisdiction of the
Secretary for each month during the eligibility period of the member
determined under subsection (b) during which the member served for any
portion of the month in a combat zone associated with Operating
Enduring Freedom or Operation Iraqi Freedom in excess of 22 months of
qualifying service.
(b) Eligibility Period.--The eligibility period for a member
extends from January 1, 2005, through the end of the active duty
service of the member in a combat zone associated with Operating
Enduring Freedom or Operation Iraqi Freedom if the service on active
duty during the member's most recent period of mobilization to active
duty began before January 19, 2007.
(c) Amount of Payment.--The monthly rate of incentive pay payable
to a member under this section is $1,000.
(d) Qualifying Service.--For purposes of this section, qualifying
service includes cumulative mobilized service on active duty under
sections 12301(d), 12302, and 12304 of title 10, United States Code,
during the period beginning on January 1, 2003, through the end of the
member's active duty service during the member's most recent period of
mobilization to active duty beginning before January 19, 2007.

Subtitle C--Travel and Transportation Allowances

SEC. 631. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL COSTS FOR CERTAIN
SELECTED RESERVE MEMBERS.

(a) Payment of Travel Costs Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code, is
amended by inserting after section 408 the following new section:

``Sec. 408a. Travel and transportation allowances: inactive duty
training outside of normal commuting distances

``(a) Allowance Authorized.--The Secretary concerned may reimburse
an eligible member of the Selected Reserve of the Ready Reserve for
travel expenses for travel to an inactive duty training location to
perform inactive duty training when the member is required to commute a
distance from the member's permanent residence to the inactive duty
training location that is outside the normal commuting distance (as
determined under the regulations prescribed under subsection (d)) for
that commute.
``(b) Eligible Members.--To be eligible for reimbursement under
subsection (a), a member of the Selected Reserve of the Ready Reserve
must be--
``(1) qualified in a skill designated as critically short by
the Secretary concerned;
``(2) assigned to a unit of the Selected Reserve with a
critical manpower shortage or in a pay grade in the member's
reserve component with a critical manpower shortage; or
``(3) assigned to a unit or position that is disestablished or
relocated as a result of defense base closure or realignment or
another force structure reallocation.
``(c) Maximum Reimbursement Amount.--The amount of reimbursement
provided a member under subsection (a) for each round trip to a
training location may not exceed $300.
``(d) Regulations.--The Secretary concerned shall prescribe
regulations to carry out this section. Regulations prescribed by the
Secretary of a military department shall be subject to the approval of
the Secretary of Defense.
``(e) Termination.--No reimbursement may be provided under this
section for travel that occurs after December 31, 2010.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 7 of such title is amended by inserting after the item
relating to section 408 the following new item:

``408a. Travel and transportation allowances: inactive duty training
outside of normal commuting distances.''.

(b) Application of Amendment.--No reimbursement may be provided
under section 408a of title 37, United States Code, as added by
subsection (a), for travel costs incurred before the date of the
enactment of this Act.

SEC. 632. SURVIVORS OF DECEASED MEMBERS ELIGIBLE FOR TRANSPORTATION TO
ATTEND BURIAL CEREMONIES.

(a) Eligible Relatives.--Paragraph (1) of section 411f(c) of title
37, United States Code, is amended--
(1) by striking subparagraph (B) and inserting the following
new subparagraph:
``(B) The child or children of the deceased member (including
stepchildren, adopted children, and illegitimate children).''; and
(2) by adding at the end the following new subparagraphs:
``(D) The sibling or siblings of the deceased member.
``(E) The person who directs the disposition of the remains of
the deceased member under section 1482(c) of title 10 or, in the
case of a deceased member whose remains are commingled and buried
in a common grave in a national cemetery, the person who would have
been designated under such section to direct the disposition of the
remains if individual identification had been made.''.
(b) Other Persons.--Paragraph (2) of such section is amended to
read as follows:
``(2) If no person described in subparagraphs (A) through (D) of
paragraph (1) is provided travel and transportation allowances under
subsection (a)(1), the travel and transportation allowances may be
provided to one or two other persons who are closely related to the
deceased member and are selected by the person referred to in paragraph
(1)(E). A person provided travel and transportation allowances under
this paragraph is in addition to the person referred to in paragraph
(1)(E).''.

SEC. 633. ALLOWANCE FOR PARTICIPATION OF RESERVES IN ELECTRONIC
SCREENING.

(a) Allowance for Participation in Electronic Screening.--
(1) In general.--Chapter 7 of title 37, United States Code, is
amended by inserting after section 433 the following new section:

``Sec. 433a. Allowance for participation in Ready Reserve screening

``(a) Allowance Authorized.--(1) Under regulations prescribed by
the Secretaries concerned, a member of the Individual Ready Reserve may
be paid a stipend for participation in the screening performed pursuant
to section 10149 of title 10, in lieu of muster duty performed under
section 12319 of title 10, if such participation is conducted through
electronic means.
``(2) The stipend paid a member under this section shall constitute
the sole monetary allowance authorized for participation in the
screening described in paragraph (1), and shall constitute payment in
full to the member for participation in such screening, regardless of
the grade or rank in which the member is serving.
``(b) Maximum Payment.--The aggregate amount of the stipend paid a
member of the Individual Ready Reserve under this section in any
calendar year may not exceed $50.
``(c) Payment Requirements.--(1) The stipend authorized by this
section may not be disbursed in kind.
``(2) Payment of a stipend to a member of the Individual Ready
Reserve under this section for participation in screening shall be made
on or after the date of participation in such screening, but not later
than 30 days after such date.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 7 of such title is amended by inserting after the item
relating to section 433 the following new item:

``433a. Allowance for participation in Ready Reserve screening.''.

(b) Bar to Dual Compensation.--Section 206 of such title is amended
by adding at the end the following new subsection:
``(f) A member of the Individual Ready Reserve is not entitled to
compensation under this section for participation in screening for
which the member is paid a stipend under section 433a of this title.''.
(c) Bar to Retirement Credit.--Section 12732(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(8) Service in the screening performed pursuant to section
10149 of this title through electronic means, regardless of whether
or not a stipend is paid the member concerned for such service
under section 433a of title 37.''.

SEC. 634. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEMBERS OF THE ARMED
FORCES TRAVELING IN CONNECTION WITH MEDICAL EVACUATION.

Section 1047(a) of title 10, United States Code, is amended by
inserting ``and luggage'' after ``civilian clothing'' both places it
appears.

SEC. 635. PAYMENT OF MOVING EXPENSES FOR JUNIOR RESERVE OFFICERS'
TRAINING CORPS INSTRUCTORS IN HARD-TO-FILL POSITIONS.

Section 2031 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f)(1) When determined by the Secretary of the military
department concerned to be in the national interest and agreed upon by
the institution concerned, the institution may reimburse a Junior
Reserve Officers' Training Corps instructor for moving expenses
incurred by the instructor to accept employment at the institution in a
position that the Secretary concerned determines is hard-to-fill for
geographic or economic reasons.
``(2) As a condition on providing reimbursement under paragraph
(1), the institution shall require the instructor to execute a written
agreement to serve a minimum of two years of employment at the
institution in the hard-to-fill position.
``(3) Any reimbursement provided to an instructor under paragraph
(1) is in addition to the minimum instructor pay otherwise payable to
the instructor.
``(4) The Secretary concerned shall reimburse an institution
providing reimbursement to an instructor under paragraph (1) in an
amount equal to the amount of the reimbursement paid by the institution
under that paragraph. Any reimbursement provided by the Secretary
concerned shall be provided from funds appropriated for that purpose.
``(5) The provision of reimbursement under paragraph (1) or (4)
shall be subject to regulations prescribed by the Secretary of Defense
for purposes of this subsection.''.

Subtitle D--Retired Pay and Survivor Benefits

SEC. 641. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY.

(a) Expanded Eligibility for Chapter 61 Military Retirees.--
Subsection (c) of section 1413a of title 10, United States Code, is
amended by striking ``entitled to retired pay who--'' and all that
follows and inserting ``who--
``(1) is entitled to retired pay (other than by reason of
section 12731b of this title); and
``(2) has a combat-related disability.''.
(b) Computation.--Paragraph (3) of subsection (b) of such section
is amended--
(1) by striking ``In the case of'' and inserting the following:
``(A) General rule.--In the case of''; and
(2) by adding at the end the following new subparagraph:
``(B) Special rule for retirees with fewer than 20 years of
service.--In the case of an eligible combat-related disabled
uniformed services retiree who is retired under chapter 61 of
this title with fewer than 20 years of creditable service, the
amount of the payment under paragraph (1) for any month shall
be reduced by the amount (if any) by which the amount of the
member's retired pay under chapter 61 of this title exceeds the
amount equal to 2\1/2\ percent of the member's years of
creditable service multiplied by the member's retired pay base
under section 1406(b)(1) or 1407 of this title, whichever is
applicable to the member.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2008, and shall apply to payments for months
beginning on or after that date.

SEC. 642. INCLUSION OF VETERANS WITH SERVICE-CONNECTED DISABILITIES
RATED AS TOTAL BY REASON OF UNEMPLOYABILITY UNDER
TERMINATION OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED
PAY AND VETERANS' DISABILITY COMPENSATION.

(a) Inclusion of Veterans.--Section 1414(a)(1) of title 10, United
States Code, is amended by striking ``except that'' and all that
follows and inserting ``except that payment of retired pay is subject
to subsection (c) only during the period beginning on January 1, 2004,
and ending on December 31, 2004, in the case of the following:
``(A) A qualified retiree receiving veterans' disability
compensation for a disability rated as 100 percent.
``(B) A qualified retiree receiving veterans' disability
compensation at the rate payable for a 100 percent disability
by reason of a determination of individual unemployability.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendment made
by subsection (a) shall take effect as of December 31, 2004.
(2) Timing of payment of retroactive benefits.--Any amount
payable for a period before October 1, 2008, by reason of the
amendment made by subsection (a) shall not be paid until after that
date.

SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PREVIOUSLY PAID, BUT SUBJECT TO
OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION.

(a) Limitation on Recoupment; Notification Requirements.--Section
1450(c) of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(3) Limitation on recoupment of offset amount.--Any amount
subject to offset under this subsection that was previously paid to
the surviving spouse or former spouse shall be recouped only to the
extent that the amount paid exceeds any amount to be refunded under
subsection (e). In notifying a surviving spouse or former spouse of
the recoupment requirement, the Secretary shall provide the spouse
or former spouse--
``(A) a single notice of the net amount to be recouped or
the net amount to be refunded, as applicable, under this
subsection or subsection (e);
``(B) a written explanation of the statutory requirements
for recoupment of the offset amount and for refund of any
applicable amount deducted from retired pay;
``(C) a detailed accounting of how the offset amount being
recouped and retired pay deduction amount being refunded were
calculated; and
``(D) contact information for a person who can provide
information about the offset recoupment and retired pay
deduction refund processes and answer questions the surviving
spouse or former spouse may have about the requirements,
processes, or amounts.''.
(b) Application.--Paragraph (3) of subsection (c) of section 1450
of title 10, United States Code, as added by subsection (a), shall
apply with respect to the recoupment on or after April 1, 2008, of
amounts subject to offset under such subsection.

SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS AFFECTED BY
REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR
DEPENDENCY AND INDEMNITY COMPENSATION.

Section 1450 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(m) Special Survivor Indemnity Allowance.--
``(1) Provision of allowance.--The Secretary concerned shall
pay a monthly special survivor indemnity allowance under this
subsection to the surviving spouse or former spouse of a member of
the uniformed services to whom section 1448 of this title applies
if--
``(A) the surviving spouse or former spouse is entitled to
dependency and indemnity compensation under section 1311(a) of
title 38;
``(B) except for subsection (c) of this section, the
surviving spouse or former spouse is eligible for an annuity by
reason of a participant in the Plan under section 1448(a)(1) of
this title; and
``(C) the eligibility of the surviving spouse or former
spouse for an annuity as described in subparagraph (B) is
affected by subsection (c) of this section.
``(2) Amount of payment.--Subject to paragraph (3), the amount
of the allowance paid to an eligible survivor under paragraph (1)
for a month shall be equal to--
``(A) for months during fiscal year 2009, $50;
``(B) for months during fiscal year 2010, $60;
``(C) for months during fiscal year 2011, $70;
``(D) for months during fiscal year 2012, $80;
``(E) for months during fiscal year 2013, $90; and
``(F) for months after fiscal year 2013, $100.
``(3) Limitation.--The amount of the allowance paid to an
eligible survivor under paragraph (1) for any month may not exceed
the amount of the annuity for that month that is subject to offset
under subsection (c).
``(4) Status of payments.--An allowance paid under this
subsection does not constitute an annuity, and amounts so paid are
not subject to adjustment under any other provision of law.
``(5) Source of funds.--The special survivor indemnity
allowance shall be paid from amounts in the Department of Defense
Military Retirement Fund established under section 1461 of this
title.
``(6) Effective date and duration.--This subsection shall only
apply with respect to the month beginning on October 1, 2008, and
subsequent months through the month ending on February 28, 2016.
Effective on March 1, 2016, the authority provided by this
subsection shall terminate. No special survivor indemnity allowance
may be paid to any person by reason of this subsection for any
period before October 1, 2008, or beginning on or after March 1,
2016.''.

SEC. 645. MODIFICATION OF AUTHORITY OF MEMBERS OF THE ARMED FORCES TO
DESIGNATE RECIPIENTS FOR PAYMENT OF DEATH GRATUITY.

(a) Authority to Designate Recipients.--Section 1477 of title 10,
United States Code, is amended--
(1) by striking subsections (c) and (d);
(2) by redesignating subsection (b) as subsection (d) and, in
such subsection, by striking ``Subsection (a)(2)'' and inserting
``Treatment of Children.--Subsection (b)(2)''; and
(3) by striking subsection (a) and inserting the following new
subsections:
``(a) Designation of Recipients.--(1) On and after July 1, 2008, or
such earlier date as the Secretary of Defense may prescribe, a person
covered by section 1475 or 1476 of this title may designate one or more
persons to receive all or a portion of the amount payable under section
1478 of this title. The designation of a person to receive a portion of
the amount shall indicate the percentage of the amount, to be specified
only in 10 percent increments, that the designated person may receive.
The balance of the amount of the death gratuity, if any, shall be paid
in accordance with subsection (b).
``(2) If a person covered by section 1475 or 1476 of this title has
a spouse, but designates a person other than the spouse to receive all
or a portion of the amount payable under section 1478 of this title,
the Secretary concerned shall provide notice of the designation to the
spouse.
``(b) Distribution of Remainder; Distribution in Absence of
Designated Recipient.--If a person covered by section 1475 or 1476 of
this title does not make a designation under subsection (a) or
designates only a portion of the amount payable under section 1478 of
this title, the amount of the death gratuity not covered by a
designation shall be paid as follows:
``(1) To the surviving spouse of the person, if any.
``(2) If there is no surviving spouse, to any surviving
children (as prescribed by subsection (d)) of the person and the
descendants of any deceased children by representation.
``(3) If there is none of the above, to the surviving parents
(as prescribed by subsection (c)) of the person or the survivor of
them.
``(4) If there is none of the above, to the duly-appointed
executor or administrator of the estate of the person.
``(5) If there is none of the above, to other next of kin of
the person entitled under the laws of domicile of the person at the
time of the person's death.
``(c) Treatment of Parents.--For purposes of subsection (b)(3),
parents include fathers and mothers through adoption. However, only one
father and one mother may be recognized in any case, and preference
shall be given to those who exercised a parental relationship on the
date, or most nearly before the date, on which the decedent entered a
status described in section 1475 or 1476 of this title.''.
(b) Clerical and Conforming Amendments.--Subsection (e) of such
section is amended--
(1) by inserting ``Effect of Death Before Receipt of
Gratuity.--'' after ``(e)'';
(2) by striking ``subsection (a) or (d)'' and inserting
``subsection (a) or (b)''; and
(3) by striking ``subsection (a).'' and inserting ``subsection
(b)''.
(c) Existing Designation Authority.--The authority provided by
subsection (d) of section 1477 of title 10, United States Code, as in
effect on the day before the date of the enactment of this Act, shall
remain available to persons covered by section 1475 or 1476 of such
title until July 1, 2008, or such earlier date as the Secretary of
Defense may prescribe, and any designation under such subsection made
before July 1, 2008, or the earlier date prescribed by the Secretary,
shall continue in effect until such time as the person who made the
designation makes a new designation under such section 1477, as amended
by subsection (a) of this section.
(d) Regulations.--
(1) In general.--Not later than April 1, 2008, the Secretary of
Defense shall prescribe regulations to implement the amendments to
section 1477 of title 10, United States Code, made by subsection
(a).
(2) Elements.--The regulations required by paragraph (1) shall
include forms for the making of the designation contemplated by
subsection (a) of section 1477 of title 10, United States Code, as
amended by subsection (a) of this section, and instructions for
members of the Armed Forces in the filling out of such forms.

SEC. 646. CLARIFICATION OF APPLICATION OF RETIRED PAY MULTIPLIER
PERCENTAGE TO MEMBERS OF THE UNIFORMED SERVICES WITH OVER
30 YEARS OF SERVICE.

(a) Computation of Retired and Retainer Pay for Members of Naval
Service.--The table in section 6333(a) of title 10, United States Code,
is amended in Column 2 of Formula A by striking ``75 percent.'' and
inserting ``Retired pay multiplier prescribed under section 1409 for
the years of service that may be credited to the member under section
1405.''.
(b) Retired Pay for Certain Members Recalled to Active Duty.--The
table in section 1402(a) of such title is amended by striking Column 3.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect as of January 1, 2007, and shall apply with respect
to retired pay and retainer pay payable on or after that date.

SEC. 647. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY
MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR
ACTIVE DUTY FOR SIGNIFICANT PERIODS.

(a) Reduced Eligibility Age.--Section 12731 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking paragraph (1) and inserting
the following:
``(1) has attained the eligibility age applicable under
subsection (f) to that person;''; and
(2) by adding at the end the following new subsection:
``(f)(1) Subject to paragraph (2), the eligibility age for purposes
of subsection (a)(1) is 60 years of age.
``(2)(A) In the case of a person who as a member of the Ready
Reserve serves on active duty or performs active service described in
subparagraph (B) after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2008, the eligibility age for
purposes of subsection (a)(1) shall be reduced below 60 years of age by
three months for each aggregate of 90 days on which such person so
performs in any fiscal year after such date, subject to subparagraph
(C). A day of duty may be included in only one aggregate of 90 days for
purposes of this subparagraph.
``(B)(i) Service on active duty described in this subparagraph is
service on active duty pursuant to a call or order to active duty under
a provision of law referred to in section 101(a)(13)(B) or under
section 12301(d) of this title. Such service does not include service
on active duty pursuant to a call or order to active duty under section
12310 of this title.
``(ii) Active service described in this subparagraph is also
service under a call to active service authorized by the President or
the Secretary of Defense under section 502(f) of title 32 for purposes
of responding to a national emergency declared by the President or
supported by Federal funds.
``(C) The eligibility age for purposes of subsection (a)(1) may not
be reduced below 50 years of age for any person under subparagraph
(A).''.
(b) Continuation of Age 60 as Minimum Age for Eligibility of Non-
Regular Service Retirees for Health Care.--Section 1074(b) of such
title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a member or former member
entitled to retired pay for non-regular service under chapter 1223 of
this title who is under 60 years of age.''.
(c) Administration of Related Provisions of Law or Policy.--With
respect to any provision of law, or of any policy, regulation, or
directive of the executive branch that refers to a member or former
member of the uniformed services as being eligible for, or entitled to,
retired pay under chapter 1223 of title 10, United States Code, but for
the fact that the member or former member is under 60 years of age,
such provision shall be carried out with respect to that member or
former member by substituting for the reference to being 60 years of
age a reference to having attained the eligibility age applicable under
subsection (f) of section 12731 of title 10, United States Code (as
added by subsection (a)), to such member or former member for
qualification for such retired pay under subsection (a) of such
section.

SEC. 648. COMPUTATION OF YEARS OF SERVICE FOR PURPOSES OF RETIRED PAY
FOR NON-REGULAR SERVICE.

Section 12733(3) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and inserting
``before the year of service that includes October 30, 2007; and'';
and
(3) by adding at the end the following new subparagraph:
``(D) 130 days in the year of service that includes October
30, 2007, and in any subsequent year of service.''.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits

SEC. 651. AUTHORITY TO CONTINUE COMMISSARY AND EXCHANGE BENEFITS FOR
CERTAIN INVOLUNTARILY SEPARATED MEMBERS OF THE ARMED
FORCES.

(a) Resumption for Members Involuntarily Separated From Active
Duty.--Section 1146 of title 10, United States Code, is amended--
(1) by inserting ``(a) Members Involuntarily Separated From
Active Duty.--'' before ``The Secretary of Defense'';
(2) in the first sentence, by striking ``October 1, 1990, and
ending on December 31, 2001'' and inserting ``October 1, 2007, and
ending on December 31, 2012''; and
(3) in the second sentence, by striking ``the period beginning
on October 1, 1994, and ending on December 31, 2001'' and inserting
``the same period''.
(b) Extension to Members Involuntarily Separated From Selected
Reserve.--Such section is further amended by adding at the end the
following new subsection:
``(b) Members Involuntarily Separated From Selected Reserve.--The
Secretary of Defense shall prescribe regulations to allow a member of
the Selected Reserve of the Ready Reserve who is involuntarily
separated from the Selected Reserve as a result of the exercise of the
force shaping authority of the Secretary concerned under section 647 of
this title or other force shaping authority during the period beginning
on October 1, 2007, and ending on December 31, 2012, to continue to use
commissary and exchange stores during the two-year period beginning on
the date of the involuntary separation of the member in the same manner
as a member on active duty. The Secretary of Homeland Security shall
implement this provision for Coast Guard members involuntarily
separated during the same period.''.

SEC. 652. AUTHORIZATION OF INSTALLMENT DEDUCTIONS FROM PAY OF EMPLOYEES
OF NONAPPROPRIATED FUND INSTRUMENTALITIES TO COLLECT
INDEBTEDNESS TO THE UNITED STATES.

Section 5514 of title 5, United States Code, is amended--
(1) in subsection (a)(5), by inserting ``any nonappropriated
fund instrumentality described in section 2105(c) of this title,''
after ``Commission,''; and
(2) by adding at the end the following new subsection:
``(e) An employee of a nonappropriated fund instrumentality
described in section 2105(c) of this title is deemed an employee
covered by this section.''.

Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus
Authorities

SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES OF THE UNIFORMED SERVICES.

(a) Consolidation.--Chapter 5 of title 37, United States Code, is
amended--
(1) by inserting before section 301 the following subchapter
heading:

``SUBCHAPTER I--EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES'';

and
(2) by adding at the end the following new subchapters:

``SUBCHAPTER II--CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS
AUTHORITIES

``Sec. 331. General bonus authority for enlisted members

``(a) Authority to Provide Bonus.--The Secretary concerned may pay
a bonus under this section to a person, including a member of the armed
forces, who--
``(1) enlists in an armed force;
``(2) enlists in or affiliates with a reserve component of an
armed force;
``(3) reenlists, voluntarily extends an enlistment, or
otherwise agrees to serve--
``(A) for a specified period in a designated career field,
skill, or unit of an armed force; or
``(B) under other conditions of service in an armed force;
``(4) transfers from a regular component of an armed force to a
reserve component of that same armed force or from a reserve
component of an armed force to the regular component of that same
armed force; or
``(5) transfers from a regular component or reserve component
of an armed force to a regular component or reserve component of
another armed force, subject to the approval of the Secretary with
jurisdiction over the armed force to which the member is
transferring.
``(b) Service Eligibility.--A bonus authorized by subsection (a)
may be paid to a person or member only if the person or member agrees
under subsection (d)--
``(1) to serve for a specified period in a designated career
field, skill, unit, or grade; or
``(2) to meet some other condition or conditions of service
imposed by the Secretary concerned.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall determine
the amount of a bonus to be paid under this section, except that--
``(A) a bonus paid under paragraph (1) or (2) of subsection
(a) may not exceed $50,000 for a minimum two-year period of
obligated service agreed to under subsection (d);
``(B) a bonus paid under paragraph (3) of subsection (a)
may not exceed $30,000 for each year of obligated service in a
regular component agreed to under subsection (d);
``(C) a bonus paid under paragraph (3) of subsection (a)
may not exceed $15,000 for each year of obligated service in a
reserve component agreed to under subsection (d); and
``(D) a bonus paid under paragraph (4) or (5) of subsection
(a) may not exceed $10,000.
``(2) Lump sum or installments.--A bonus under this section may
be paid in a lump sum or in periodic installments, as determined by
the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the Secretary
concerned of the written agreement required by subsection (d), the
total amount of the bonus to be paid under the agreement shall be
fixed.
``(d) Written Agreement.--To receive a bonus under this section, a
person or member determined to be eligible for the bonus shall enter
into a written agreement with the Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under subsection
(c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Relationship to Other Pay and Allowances.--A bonus paid to a
person or member under this section is in addition to any other pay and
allowance to which the person or member is entitled.
``(f) Relationship to Prohibition on Bounties.--A bonus authorized
under this section is not a bounty for purposes of section 514(a) of
title 10.
``(g) Repayment.--A person or member who receives a bonus under
this section and who fails to complete the period of service, or meet
the conditions of service, for which the bonus is paid, as specified in
the written agreement under subsection (d), shall be subject to the
repayment provisions of section 373 of this title.
``(h) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.

``Sec. 332. General bonus authority for officers

``(a) Authority To Provide Bonus.--The Secretary concerned may pay
a bonus under this section to a person, including an officer in the
uniformed services, who--
``(1) accepts a commission or appointment as an officer in a
uniformed service;
``(2) affiliates with a reserve component of a uniformed
service;
``(3) agrees to remain on active duty or to serve in an active
status for a specific period as an officer in a uniformed service;
``(4) transfers from a regular component of a uniformed service
to a reserve component of that same uniformed service or from a
reserve component of a uniformed service to the regular component
of that same uniformed service; or
``(5) transfers from a regular component or reserve component
of a uniformed service to a regular component or reserve component
of another uniformed service, subject to the approval of the
Secretary with jurisdiction over the uniformed service to which the
member is transferring.
``(b) Service Eligibility.--A bonus authorized by subsection (a)
may be paid to a person or officer only if the person or officer agrees
under subsection (d)--
``(1) to serve for a specified period in a designated career
field, skill, unit, or grade; or
``(2) to meet some other condition or conditions of service
imposed by the Secretary concerned.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall determine
the amount of a bonus to be paid under this section, except that--
``(A) a bonus paid under paragraph (1) of subsection (a)
may not exceed $60,000 for a minimum three-year period of
obligated service agreed to under subsection (d);
``(B) a bonus paid under paragraph (2) of subsection (a)
may not exceed $12,000 for a minimum three-year period of
obligated service agreed to under subsection (d);
``(C) a bonus paid under paragraph (3) of subsection (a)
may not exceed $50,000 for each year of obligated service in a
regular component agreed to under subsection (d);
``(D) a bonus paid under paragraph (3) of subsection (a)
may not exceed $12,000 for each year of obligated service in a
reserve component agreed to under subsection (d); and
``(E) a bonus paid under paragraph (4) or (5) of subsection
(a) may not exceed $10,000.
``(2) Lump sum or installments.--A bonus under this section may
be paid in a lump sum or in periodic installments, as determined by
the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the Secretary
concerned of the written agreement required by subsection (d), the
total amount of the bonus to be paid under the agreement shall be
fixed.
``(d) Written Agreement.--To receive a bonus under this section, a
person or officer determined to be eligible for the bonus shall enter
into a written agreement with the Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under subsection
(c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Relationship to Other Pay and Allowances.--The bonus paid to
a person or officer under this section is in addition to any other pay
and allowance to which the person or officer is entitled.
``(f) Repayment.--A person or officer who receives a bonus under
this section and who fails to complete the period of service, or meet
the conditions of service, for which the bonus is paid, as specified in
the written agreement under subsection (d), shall be subject to the
repayment provisions of section 373 of this title.
``(g) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.

``Sec. 333. Special bonus and incentive pay authorities for nuclear
officers

``(a) Nuclear Officer Bonus.--The Secretary of the Navy may pay a
nuclear officer bonus under this section to a person, including an
officer in the Navy, who--
``(1) is selected for the officer naval nuclear power training
program in connection with the supervision, operation, and
maintenance of naval nuclear propulsion plants and agrees to serve,
upon completion of such training, on active duty in connection with
the supervision, operation, and maintenance of naval nuclear
propulsion plants; or
``(2) has the current technical and operational qualification
for duty in connection with the supervision, operation, and
maintenance of naval nuclear propulsion plants and agrees to remain
on active duty in connection with the supervision, operation, and
maintenance of naval nuclear propulsion plants.
``(b) Nuclear Officer Incentive Pay.--The Secretary of the Navy may
pay nuclear officer incentive pay under this section to an officer in
the Navy who--
``(1) is entitled to basic pay under section 204 of this title;
and
``(2) remains on active duty for a specified period while
maintaining current technical and operational qualifications, as
approved by the Secretary, for duty in connection with the
supervision, operation, and maintenance of naval nuclear propulsion
plants.
``(c) Additional Eligibility Criteria.--The Secretary of the Navy
may impose such additional criteria for the receipt of a nuclear
officer bonus or nuclear officer incentive pay under this section as
the Secretary determines to be appropriate.
``(d) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary of the Navy shall
determine the amounts of a nuclear officer bonus or nuclear officer
incentive pay to be paid under this section, except that--
``(A) a nuclear officer bonus paid under subsection (a) may
not exceed $35,000 for each 12-month period of the agreement
under subsection (e); and
``(B) the amount of nuclear officer incentive paid under
subsection (b) may not exceed $25,000 for each 12-month period
of qualifying service.
``(2) Lump sum or installments.--A nuclear officer bonus or
nuclear officer incentive pay under this section may be paid in a
lump sum or in periodic installments.
``(3) Fixing bonus amount.--Upon acceptance by the Secretary
concerned of the written agreement required by subsection (e), the
total amount of the nuclear officer bonus to be paid under the
agreement shall be fixed.
``(e) Written Agreement for Bonus.--
``(1) Agreement required.--To receive a nuclear officer bonus
under subsection (a), a person or officer determined to be eligible
for the bonus shall enter into a written agreement with the
Secretary of the Navy that specifies--
``(A) the amount of the bonus;
``(B) the method of payment of the bonus under subsection
(d)(2);
``(C) the period of obligated service; and
``(D) the type or conditions of the service.
``(2) Replacement agreement.--An officer who is performing
obligated service under an agreement for a nuclear officer bonus
may execute a new agreement to replace the existing agreement if
the amount to be paid under the new agreement will be higher than
the amount to be paid under the existing agreement. The period of
the new agreement shall be equal to or exceed the remaining term of
the period of the officer's existing agreement. If a new agreement
is executed under this paragraph, the existing agreement shall be
cancelled, effective on the day before an anniversary date of the
existing agreement occurring after the date on which the amount to
be paid under this paragraph is increased.
``(f) Relationship to Other Pay and Allowances.--A nuclear officer
bonus or nuclear officer incentive pay paid to a person or officer
under this section is in addition to any other pay and allowance to
which the person or officer is entitled, except that a person or
officer may not receive a payment under this section and section 332 or
353 of this title for the same skill and period of service.
``(g) Repayment.--A person or officer who receives a nuclear
officer bonus or nuclear officer incentive pay under this section and
who fails to complete the officer naval nuclear power training program,
maintain required technical and operational qualifications, complete
the period of service, or meet the types or conditions of service for
which the bonus or incentive pay is paid, as specified in the written
agreement under subsection (e) in the case of a nuclear officer bonus,
shall be subject to the repayment provisions of section 373 of this
title.
``(h) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of the Navy.
``(i) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.

``Sec. 334. Special aviation incentive pay and bonus authorities for
officers

``(a) Aviation Incentive Pay.--The Secretary concerned may pay
aviation incentive pay under this section to an officer in a regular or
reserve component of a uniformed service who--
``(1) is entitled to basic pay under section 204 of this title
or compensation under section 206 of this title;
``(2) maintains, or is in training leading to, an aeronautical
rating or designation that qualifies the officer to engage in
operational flying duty or proficiency flying duty;
``(3) engages in, or is in training leading to, frequent and
regular performance of operational flying duty or proficiency
flying duty;
``(4) engages in or remains in aviation service for a specified
period; and
``(5) meets such other criteria as the Secretary concerned
determines appropriate.
``(b) Aviation Bonus.--The Secretary concerned may pay an aviation
bonus under this section to an officer in a regular or reserve
component of a uniformed service who--
``(1) is entitled to aviation incentive pay under subsection
(a);
``(2) has completed any active duty service commitment incurred
for undergraduate aviator training or is within one year of
completing such commitment;
``(3) executes a written agreement to remain on active duty in
a regular component or to serve in an active status in a reserve
component in aviation service for at least one year; and
``(4) meets such other criteria as the Secretary concerned
determines appropriate.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall determine
the amount of a bonus or incentive pay to be paid under this
section, except that--
``(A) aviation incentive pay under subsection (a) shall be
paid at a monthly rate, not to exceed $850 per month; and
``(B) an aviation bonus under subsection (b) may not exceed
$25,000 for each 12-month period of obligated service agreed to
under subsection (d).
``(2) Lump sum or installments.--A bonus under this section may
be paid in a lump sum or in periodic installments, as determined by
the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the Secretary
concerned of the written agreement required by subsection (d), the
total amount of the bonus to be paid under the agreement shall be
fixed.
``(d) Written Agreement for Bonus.--To receive an aviation officer
bonus under this section, an officer determined to be eligible for the
bonus shall enter into a written agreement with the Secretary concerned
that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under subsection
(c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Reserve Component Officers Performing Inactive Duty
Training.--A reserve component officer who is entitled to compensation
under section 206 of this title and who is authorized aviation
incentive pay under this section may be paid an amount of incentive pay
that is proportionate to the compensation received under section 206
for inactive-duty training.
``(f) Relationship to Other Pay and Allowances.--
``(1) Aviation incentive pay.--Aviation incentive pay paid to
an officer under subsection (a) shall be in addition to any other
pay and allowance to which the officer is entitled, except that an
officer may not receive a payment under such subsection and section
351 or 353 of this title for the same skill and period of service.
``(2) Aviation bonus.--An aviation bonus paid to an officer
under subsection (b) shall be in addition to any other pay and
allowance to which the officer is entitled, except that an officer
may not receive a payment under such subsection and section 332 or
353 of this title for the same skill and period of service.
``(g) Repayment.--An officer who receives aviation incentive pay or
an aviation bonus under this section and who fails to fulfill the
eligibility requirements for the receipt of the incentive pay or bonus
or complete the period of service for which the incentive pay or bonus
is paid, as specified in the written agreement under subsection (d) in
the case of a bonus, shall be subject to the repayment provisions of
section 373 of this title.
``(h) Definitions.--In this section:
``(1) The term `aviation service' means service performed by an
officer in a regular or reserve component (except a flight surgeon
or other medical officer) while holding an aeronautical rating or
designation or while in training to receive an aeronautical rating
or designation.
``(2) The term `operational flying duty' means flying performed
under competent orders by rated or designated regular or reserve
component officers while serving in assignments in which basic
flying skills normally are maintained in the performance of
assigned duties as determined by the Secretary concerned, and
flying performed by members in training that leads to the award of
an aeronautical rating or designation.
``(3) The term `proficiency flying duty' means flying performed
under competent orders by rated or designated regular or reserve
component officers while serving in assignments in which such
skills would normally not be maintained in the performance of
assigned duties.
``(4) The term `officer' includes an individual enlisted and
designated as an aviation cadet under section 6911 of title 10.
``(i) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.

``Sec. 335. Special bonus and incentive pay authorities for officers in
health professions

``(a) Health Professions Bonus.--The Secretary concerned may pay a
health professions bonus under this section to a person, including an
officer in the uniformed services, who is a graduate of an accredited
school in a health profession and who--
``(1) accepts a commission or appointment as an officer in a
regular or reserve component of a uniformed service, or affiliates
with a reserve component of a uniformed service, and agrees to
serve on active duty in a regular component or in an active status
in a reserve component in a health profession;
``(2) accepts a commission or appointment as an officer and
whose health profession specialty is designated by the Secretary of
Defense as a critically short wartime specialty; or
``(3) agrees to remain on active duty or continue serving in an
active status in a reserve component in a health profession.
``(b) Health Professions Incentive Pay.--The Secretary concerned
may pay incentive pay under this section to an officer in a regular or
reserve component of a uniformed service who--
``(1) is entitled to basic pay under section 204 of this title
or compensation under section 206 of this title; and
``(2) is serving on active duty or in an active status in a
designated health profession specialty or skill.
``(c) Board Certification Incentive Pay.--The Secretary concerned
may pay board certification incentive pay under this section to an
officer in a regular or reserve component of a uniformed service who--
``(1) is entitled to basic pay under section 204 of this title
or compensation under section 206 of this title;
``(2) is board certified in a designated health profession
specialty or skill; and
``(3) is serving on active duty or in an active status in such
designated health profession specialty or skill.
``(d) Additional Eligibility Criteria.--The Secretary concerned may
impose such additional criteria for the receipt of a bonus or incentive
pay under this section as the Secretary determines to be appropriate.
``(e) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall determine
the amounts of a bonus or incentive pay to be paid under this
section, except that--
``(A) a health professions bonus paid under paragraph (1)
of subsection (a) may not exceed $30,000 for each 12-month
period of obligated service agreed to under subsection (f);
``(B) a health professions bonus paid under paragraph (2)
of subsection (a) may not exceed $100,000 for each 12-month
period of obligated service agreed to under subsection (f);
``(C) a health professions bonus paid under paragraph (3)
of subsection (a) may not exceed $75,000 for each 12-month
period of obligated service agreed to under subsection (f);
``(D) health professions incentive pay under subsection (b)
may be paid monthly and may not exceed, in any 12-month
period--
``(i) $100,000 for medical officers and dental
surgeons; and
``(ii) $15,000 for officers in other health
professions; and
``(E) board certification incentive pay under subsection
(c) may not exceed $6,000 for each 12-month period an officer
remains certified in the designated health profession specialty
or skill.
``(2) Lump sum or installments.--A health professions bonus
under subsection (a) may be paid in a lump sum or in periodic
installments, as determined by the Secretary concerned. Board
certification incentive pay under subsection (c) may be paid
monthly, in a lump sum at the beginning of the certification
period, or in periodic installments during the certification
period, as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the Secretary
concerned of the written agreement required by subsection (f), the
total amount of the health professions bonus to be paid under the
agreement shall be fixed.
``(f) Written Agreement for Bonus.--To receive a bonus under this
section, an officer determined to be eligible for the bonus shall enter
into a written agreement with the Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under subsection
(e)(2);
``(3) the period of obligated service;
``(4) whether the service will be performed on active duty or
in an active status in a reserve component; and
``(5) the type or conditions of the service.
``(g) Reserve Component Officers.--An officer in a reserve
component authorized incentive pay under subsection (b) or (c) who is
not serving on continuous active duty and is entitled to compensation
under section 204 of this title or compensation under section 206 of
this title may be paid a monthly amount of incentive pay that is
proportionate to the basic pay or compensation received under this
title.
``(h) Relationship to Other Pay and Allowances.--
``(1) Health professions bonus.--A bonus paid to a person or
officer under subsection (a) shall be in addition to any other pay
and allowance to which the person or officer is entitled, except
that a person or officer may not receive a payment under such
subsection and section 332 of this title for the same period of
obligated service.
``(2) Health professions incentive pay.--Incentive pay paid to
an officer under subsection (b) shall be in addition to any other
pay and allowance to which an officer is entitled, except that an
officer may not receive a payment under such subsection and section
353 of this title for the same skill and period of service.
``(3) Board certification incentive pay.--Incentive pay paid to
an officer under subsection (c) shall be in addition to any other
pay and allowance to which an officer is entitled, except that an
officer may not receive a payment under such subsection and section
353(b) of this title for the same skill and period of service
covered by the certification.
``(i) Repayment.--An officer who receives a bonus or incentive pay
under this section and who fails to fulfill the eligibility
requirements for the receipt of the bonus or incentive pay or complete
the period of service for which the bonus or incentive pay is paid, as
specified in the written agreement under subsection (f) in the case of
a bonus, shall be subject to the repayment provisions of section 373 of
this title.
``(j) Health Profession Defined.--In this section, the term `health
profession' means the following:
``(1) Any health profession performed by officers in the
Medical Corps of a uniformed service or by officers designated as a
medical officer.
``(2) Any health profession performed by officers in the Dental
Corps of a uniformed service or by officers designated as a dental
officer.
``(3) Any health profession performed by officers in the
Medical Service Corps of a uniformed service or by officers
designated as a medical service officer or biomedical sciences
officer.
``(4) Any health profession performed by officers in the
Medical Specialist Corps of a uniformed service or by officers
designated as a medical specialist.
``(5) Any health profession performed by officers of the Nurse
Corps of a uniformed service or by officers designated as a nurse.
``(6) Any health profession performed by officers in the
Veterinary Corps of a uniformed service or by officers designated
as a veterinary officer.
``(7) Any health profession performed by officers designated as
a physician assistant.
``(8) Any health profession performed by officers in the
regular or reserve corps of the Public Health Service.
``(k) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.

``Sec. 351. Hazardous duty pay

``(a) Hazardous Duty Pay.--The Secretary concerned may pay
hazardous duty pay under this section to a member of a regular or
reserve component of the uniformed services entitled to basic pay under
section 204 of this title or compensation under section 206 of this
title who--
``(1) performs duty in a hostile fire area designated by the
Secretary concerned, is exposed to a hostile fire event, explosion
of a hostile explosive device, or any other hostile action, or is
on duty during a month in an area in which a hostile event occurred
which placed the member in grave danger of physical injury;
``(2) performs duty designated by the Secretary concerned as
hazardous duty based upon the inherent dangers of that duty and
risks of physical injury; or
``(3) performs duty in a foreign area designated by the
Secretary concerned as an area in which the member is subject to
imminent danger of physical injury due to threat conditions.
``(b) Maximum Amount.--The amount of hazardous duty pay paid to a
member under subsection (a) shall be based on the type of duty and the
area in which the duty is performed, as follows:
``(1) In the case of a member who performs duty in a designated
hostile fire area, as described in subsection (a)(1), hazardous
duty pay may not exceed $450 per month.
``(2) In the case of a member who performs a designated
hazardous duty, as described in subsection (a)(2), hazardous duty
pay may not exceed $250 per month.
``(3) In the case of a member who performs duty in a foreign
area designated as an imminent danger area, as described in
subsection (a)(3), hazardous duty pay may not exceed $250 per
month.
``(c) Method of Payment.--Hazardous duty pay shall be paid on a
monthly basis. A member who is eligible for hazardous duty pay by
reason of subsection (a) shall receive the full monthly rate of
hazardous duty pay authorized by the Secretary concerned under such
paragraph, notwithstanding subsection (d).
``(d) Reserve Component Members Performing Inactive Duty
Training.--A member of a reserve component entitled to compensation
under section 206 of this title who is authorized hazardous duty pay
under this section may be paid an amount of hazardous duty pay that is
proportionate to the compensation received by the member under section
206 of this title for inactive-duty training.
``(e) Administration and Retroactive Payments.--The effective date
for the designation of a hostile fire area, as described in paragraph
(1) of subsection (a), and for the designation of a foreign area as an
imminent danger area, as described in paragraph (3) of such subsection,
may be a date that occurs before, on, or after the actual date of the
designation by the Secretary concerned.
``(f) Determination of Fact.--Any determination of fact that is
made in administering subsection (a) is conclusive. The determination
may not be reviewed by any other officer or agency of the United States
unless there has been fraud or gross negligence. However, the Secretary
concerned may change the determination on the basis of new evidence or
for other good cause. The regulations prescribed to administer this
section shall define the activities that are considered hazardous for
purposes of subsection (a)(2).
``(g) Relationship to Other Pay and Allowances.--
``(1) In addition to other pay and allowances.--A member may be
paid hazardous duty pay under this section in addition to any other
pay and allowances to which the member is entitled. The regulations
prescribed to administer this section shall address dual
compensation under this section for multiple circumstances
involving performance of a designated hazardous duty, as described
in paragraph (2) of subsection (a), or for duty in certain
designated areas, as described in paragraph (1) or (3) of such
subsection, that is performed by a member during a single month of
service.
``(2) Limitation.--A member may not receive hazardous duty pay
under this section for a month for more than three qualifying
instances described in subsection (a)(2).
``(h) Prohibition on Variable Rates.--The regulations prescribed to
administer this section may not include varied criteria or rates for
payment of hazardous duty for officers and enlisted members.
``(i) Termination of Authority.--No hazardous duty pay under this
section may be paid after December 31, 2009.

``Sec. 352. Assignment pay or special duty pay

``(a) Assignment or Special Duty Pay Authorized.--The Secretary
concerned may pay assignment or special duty pay under this section to
a member of a regular or reserve component of the uniformed services
who--
``(1) is entitled to basic pay under section 204 of this title
or compensation under section 206 of this title; and
``(2) performs duties in an assignment, location, or unit
designated by, and under the conditions of service specified by,
the Secretary concerned.
``(b) Maximum Amount and Method of Payment.--
``(1) Lump sum or installments.--Assignment or special duty pay
under subsection (a) may be paid monthly, in a lump sum, or in
periodic installments other than monthly, as determined by the
Secretary concerned.
``(2) Maximum monthly amount.--The maximum monthly amount of
assignment or special duty pay may not exceed $5,000.
``(3) Maximum lump sum amount.--The amount of a lump sum
payment of assignment or special duty pay payable to a member may
not exceed the amount equal to the product of--
``(A) the maximum monthly rate authorized under paragraph
(2) at the time the member enters into a written agreement
under subsection (c); and
``(B) the number of continuous months in the period for
which assignment or special duty pay will be paid pursuant to
the agreement.
``(4) Maximum installment amount.--The amount of each
installment payment of assignment or special duty pay payable to a
member on an installment basis may not exceed the amount equal to--
``(A) the product of--
``(i) a monthly rate specified in the written agreement
entered into under subsection (c), which monthly rate may
not exceed the maximum monthly rate authorized under
paragraph (2) at the time the member enters into the
agreement; and
``(ii) the number of continuous months in the period
for which the assignment or special duty pay will be paid;
divided by
``(B) the number of installments over such period.
``(5) Effect of extension.--If a member extends an assignment
or performance of duty specified in an agreement with the Secretary
concerned under subsection (c), assignment or special duty pay for
the period of the extension may be paid on a monthly basis, in a
lump sum, or in installments, consistent with this subsection.
``(c) Written Agreement.--
``(1) Discretionary for monthly payments.--The Secretary
concerned may require a member to enter into a written agreement
with the Secretary in order to qualify for the payment of
assignment or special duty pay on a monthly basis. The written
agreement shall specify the period for which the assignment or
special duty pay will be paid to the member and the monthly rate of
the assignment or special duty pay.
``(2) Required for lump sum or installment payments.--The
Secretary concerned shall require a member to enter into a written
agreement with the Secretary in order to qualify for payment of
assignment or special duty pay on a lump sum or installment basis.
The written agreement shall specify the period for which the
assignment or special duty pay will be paid to the member and the
amount of the lump sum or each periodic installment.
``(d) Reserve Component Members Performing Inactive Duty
Training.--A member of a reserve component entitled to compensation
under section 206 of this title who is authorized assignment or special
duty pay under this section may be paid an amount of assignment or
special duty pay that is proportionate to the compensation received by
the member under section 206 of this title for inactive-duty training.
``(e) Relationship to Other Pay and Allowances.--Assignment or
special duty pay paid to a member under this section is in addition to
any other pay and allowances to which the member is entitled.
``(f) Repayment.--A member who receives assignment or special duty
pay under this section and who fails to fulfill the eligibility
requirements under subsection (a) for receipt of such pay shall be
subject to the repayment provisions of section 373 of this title.
``(g) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.

``Sec. 353. Skill incentive pay or proficiency bonus

``(a) Skill Incentive Pay.--The Secretary concerned may pay a
monthly skill incentive pay to a member of a regular or reserve
component of the uniformed services who--
``(1) is entitled to basic pay under section 204 of this title
or compensation under section 206 of this title; and
``(2) serves in a career field or skill designated as critical
by the Secretary concerned.
``(b) Skill Proficiency Bonus.--The Secretary concerned may pay a
proficiency bonus to a member of a regular or reserve component of the
uniformed services who--
``(1) is entitled to basic pay under section 204 of this title
or compensation under section 206 of this title; and
``(2) is determined to have, and maintains, certified
proficiency under subsection (d) in a skill designated as critical
by the Secretary concerned.
``(c) Maximum Amounts and Methods of Payment.--
``(1) Skill incentive pay.--Skill incentive pay under
subsection (a) shall be paid monthly in an amount not to exceed
$1,000 per month.
``(2) Proficiency bonus.--A proficiency bonus under subsection
(b) may be paid in a lump sum at the beginning of the proficiency
certification period or in periodic installments during the
proficiency certification period. The amount of the bonus may not
exceed $12,000 for each 12-month period of certification. The
Secretary concerned may not vary the criteria or rates for the
proficiency bonus paid for officers and enlisted members.
``(d) Certified Proficiency for Proficiency Bonus.--
``(1) Certification required.--Proficiency in a designated
critical skill for purposes of subsection (b) shall be subject to
annual certification by the Secretary concerned.
``(2) Duration of certification.--A certification period for
purposes of subsection (c)(2) shall expire at the end of the one-
year period beginning on the first day of the first month beginning
on or after the certification date.
``(3) Waiver.--Notwithstanding paragraphs (1) and (2), the
regulations prescribed to administer this section shall address the
circumstances under which the Secretary concerned may waive the
certification requirement under paragraph (1) or extend a
certification period under paragraph (2).
``(e) Written Agreement.--
``(1) Discretionary for skill incentive pay.--The Secretary
concerned may require a member to enter into a written agreement
with the Secretary in order to qualify for the payment of skill
incentive pay under subsection (a). The written agreement shall
specify the period for which the skill incentive pay will be paid
to the member and the monthly rate of the pay.
``(2) Required for proficiency bonus.--The Secretary concerned
shall require a member to enter into a written agreement with the
Secretary in order to qualify for payment of a proficiency bonus
under subsection (b). The written agreement shall specify the
amount of the proficiency bonus, the period for which the bonus
will be paid, and the initial certification or recertification
necessary for payment of the proficiency bonus.
``(f) Reserve Component Members Performing Inactive Duty
Training.--
``(1) Proration.--A member of a reserve component entitled to
compensation under section 206 of this title who is authorized
skill incentive pay under subsection (a) or a skill proficiency
bonus under subsection (b) may be paid an amount of the pay or
bonus, as the case may be, that is proportionate to the
compensation received by the member under section 206 of this title
for inactive-duty training.
``(2) Exception for foreign language proficiency.--No reduction
in the amount of a skill proficiency bonus may be made under
paragraph (1) in the case of a member of a reserve component who is
authorized the bonus because of the member's proficiency in a
foreign language.
``(g) Repayment.--A member who receives skill incentive pay or a
proficiency bonus under this section and who fails to fulfill the
eligibility requirement for receipt of the pay or bonus shall be
subject to the repayment provisions of section 373 of this title.
``(h) Relationship to Other Pays and Allowances.--A member may not
be paid more than one pay under this section in any month for the same
period of service and skill. A member may be paid skill incentive pay
or the proficiency bonus under this section in addition to any other
pay and allowances to which the member is entitled, except that a
member may not be paid skill incentive pay or a proficiency bonus under
this section and hazardous duty pay under section 351 of this title for
the same period of service in the same career field or skill.
``(i) Termination of Authority.--No agreement may be entered into
under this section after December 31, 2009.

``SUBCHAPTER III--GENERAL PROVISIONS

``Sec. 371. Relationship to other incentives and pays

``(a) Treatment.--A bonus or incentive pay paid to a member of the
uniformed services under subchapter II is in addition to any other pay
and allowance to which a member is entitled, unless otherwise provided
under this chapter.
``(b) Exception.--A member may not receive a bonus or incentive pay
under both subchapter I and subchapter II for the same activity, skill,
or period of service.
``(c) Relationship to Other Computations.--The amount of a bonus or
incentive pay to which a member is entitled under subchapter II may not
be included in computing the amount of--
``(1) any increase in pay authorized by any other provision of
this title; or
``(2) any retired pay, retainer pay, separation pay, or
disability severance pay.

``Sec. 372. Continuation of pays during hospitalization and
rehabilitation resulting from wounds, injury, or illness
incurred while on duty in a hostile fire area or exposed to
an event of hostile fire or other hostile action

``(a) Continuation of Pays.--If a member of a regular or reserve
component of a uniformed service incurs a wound, injury, or illness in
the line of duty while serving in a combat operation or a combat zone,
while serving in a hostile fire area, or while exposed to a hostile
fire event, as described under section 351 of this title, and is
hospitalized for treatment of the wound, injury, or illness, the
Secretary concerned may continue to pay to the member, notwithstanding
any provision of this chapter to the contrary, all pay and allowances
(including any bonus, incentive pay, or similar benefit) that were
being paid to the member at the time the member incurred the wound,
injury, or illness.
``(b) Duration.--The payment of pay and allowances to a member
under subsection (a) may continue until the end of the first month
beginning after the earliest of the following dates:
``(1) The date on which the member is returned for assignment
to other than a medical or patient unit for duty.
``(2) One year after the date on which the member is first
hospitalized for the treatment of the wound, injury, or illness,
except that the Secretary concerned may extend the termination date
in six-month increments.
``(3) The date on which the member is discharged, separated, or
retired (including temporary disability retirement) from the
uniformed services.
``(c) Bonus, Incentive Pay, or Similar Benefit Defined.--In this
section, the term `bonus, incentive pay, or similar benefit' means a
bonus, incentive pay, special pay, or similar payment paid to a member
of the uniformed services under this title or title 10.

``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or
similar benefit when conditions of payment not met

``(a) Repayment.--Except as provided in subsection (b), a member of
the uniformed services who is paid a bonus, incentive pay, or similar
benefit, the receipt of which is contingent upon the member's
satisfaction of certain service or eligibility requirements, shall
repay to the United States any unearned portion of the bonus, incentive
pay, or similar benefit if the member fails to satisfy any such service
or eligibility requirement.
``(b) Exceptions.--The regulations prescribed to administer this
section may specify procedures for determining the circumstances under
which an exception to the required repayment may be granted.
``(c) Effect of Bankruptcy.--An obligation to repay the United
States under this section is, for all purposes, a debt owed the United
States. A discharge in bankruptcy under title 11 does not discharge a
person from such debt if the discharge order is entered less than five
years after--
``(1) the date of the termination of the agreement or contract
on which the debt is based; or
``(2) in the absence of such an agreement or contract, the date
of the termination of the service on which the debt is based.
``(d) Definitions.--In this section:
``(1) The term `bonus, incentive pay, or similar benefit' means
a bonus, incentive pay, special pay, or similar payment, or an
educational benefit or stipend, paid to a member of the uniformed
services under a provision of law that refers to the repayment
requirements of this section or section 303a(e) of this title.
``(2) The term `service', as used in subsection (c)(2), refers
to an obligation willingly undertaken by a member of the uniformed
services, in exchange for a bonus, incentive pay, or similar
benefit offered by the Secretary concerned--
``(A) to a member in a regular or reserve component who
remains on active duty or in an active status;
``(B) to perform duty in a specified skill, with or without
a specified qualification or credential;
``(C) to perform duty in a specified assignment, location
or unit; or
``(D) to perform duty for a specified period of time.

``Sec. 374. Regulations

``This subchapter and subchapter II shall be administered under
regulations prescribed by--
``(1) the Secretary of Defense, with respect to the armed
forces under the jurisdiction of the Secretary of Defense;
``(2) the Secretary of Homeland Security, with respect to the
Coast Guard when it is not operating as a service in the Navy;
``(3) the Secretary of Health and Human Services, with respect
to the commissioned corps of the Public Health Service; and
``(4) the Secretary of Commerce, with respect to the National
Oceanic and Atmospheric Administration.''.
(b) Transfer of 15-Year Career Status Bonus to Subchapter II.--
(1) Transfer.--Section 322 of title 37, United States Code, is
transferred to appear after section 353 of subchapter II of chapter
5 of such title, as added by subsection (a), and is redesignated as
section 354.
(2) Conforming amendment.--Subsection (f) of such section, as
so transferred and redesignated, is amended by striking ``section
303a(e)'' and inserting ``section 373''.
(3) Cross references.--Sections 1401a, 1409(b)(2), and 1410 of
title 10, United States Code, are amended by striking ``section
322'' each place it appears and inserting ``section 322 (as in
effect before the enactment of the National Defense Authorization
Act for Fiscal Year 2008) or section 354''.
(c) Transfer of Retention Incentives for Members Qualified in
Critical Military Skills or Assigned to High Priority Units.--
(1) Transfer.--Section 323 of title 37, United States Code, as
amended by sections 614 and 622, is transferred to appear after
section 354 of subchapter II of chapter 5 of such title, as
transferred and redesignated by subsection (b)(1), and is
redesignated as section 355.
(2) Conforming amendment.--Subsection (g) of such section, as
so transferred and redesignated, is amended by striking ``section
303a(e)'' and inserting ``section 373''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 37, United States Code, is amended to read as
follows:

``subchapter i--existing special pay, incentive pay, and bonus
authorities

``Sec.
``301. Incentive pay: hazardous duty.
``301a. Incentive pay: aviation career.
``301b. Special pay: aviation career officers extending period of active
duty.
``301c. Incentive pay: submarine duty.
``301d. Multiyear retention bonus: medical officers of the armed forces.
``301e. Multiyear retention bonus: dental officers of the armed forces.
``302. Special pay: medical officers of the armed forces.
``302a. Special pay: optometrists.
``302b. Special pay: dental officers of the armed forces.
``302c. Special pay: psychologists and nonphysician health care
providers.
``302d. Special pay: accession bonus for registered nurses.
``302e. Special pay: nurse anesthetists.
``302f. Special pay: reserve, recalled, or retained health care
officers.
``302g. Special pay: Selected Reserve health care professionals in
critically short wartime specialties.
``302h. Special pay: accession bonus for dental officers.
``302i. Special pay: pharmacy officers.
``302j. Special pay: accession bonus for pharmacy officers.
``302k. Special pay: accession bonus for medical officers in critically
short wartime specialties.
``302l. Special pay: accession bonus for dental specialist officers in
critically short wartime specialties.
``303. Special pay: veterinarians.
``303a. Special pay: general provisions.
``303b. Waiver of board certification requirements.
``304. Special pay: diving duty.
``305. Special pay: hardship duty pay.
``305a. Special pay: career sea pay.
``305b. Special pay: service as member of Weapons of Mass Destruction
Civil Support Team.
``306. Special pay: officers holding positions of unusual responsibility
and of critical nature.
``306a. Special pay: members assigned to international military
headquarters.
``307. Special pay: special duty assignment pay for enlisted members.
``307a. Special pay: assignment incentive pay.
``308. Special pay: reenlistment bonus.
``308b. Special pay: reenlistment bonus for members of the Selected
Reserve.
``308c. Special pay: bonus for affiliation or enlistment in the Selected
Reserve.
``308d. Special pay: members of the Selected Reserve assigned to certain
high priority units.
``308g. Special pay: bonus for enlistment in elements of the Ready
Reserve other than the Selected Reserve.
``308h. Special pay: bonus for reenlistment, enlistment, or voluntary
extension of enlistment in elements of the Ready Reserve other
than the Selected Reserve.
``308i. Special pay: prior service enlistment bonus.
``308j. Special pay: affiliation bonus for officers in the Selected
Reserve.
``309. Special pay: enlistment bonus.
``310. Special pay: duty subject to hostile fire or imminent danger.
``312. Special pay: nuclear-qualified officers extending period of
active duty.
``312b. Special pay: nuclear career accession bonus.
``312c. Special pay: nuclear career annual incentive bonus.
``314. Special pay or bonus: qualified members extending duty at
designated locations overseas.
``315. Special pay: engineering and scientific career continuation pay.
``316. Special pay: bonus for members with foreign language proficiency.
``317. Special pay: officers in critical acquisition positions extending
period of active duty.
``318. Special pay: special warfare officers extending period of active
duty.
``319. Special pay: surface warfare officer continuation pay.
``320. Incentive pay: career enlisted flyers.
``321. Special pay: judge advocate continuation pay.
``324. Special pay: accession bonus for new officers in critical skills.
``325. Incentive bonus: savings plan for education expenses and other
contingencies.
``326. Incentive bonus: conversion to military occupational specialty to
ease personnel shortage.
``327. Incentive bonus: transfer between armed forces.
``328. Combat-related injury rehabilitation pay.
``329. Incentive bonus: retired members and reserve component members
volunteering for high-demand, low-density assignments.
``330. Special pay: accession bonus for officer candidates.

``subchapter ii--consolidation of special pay, incentive pay, and bonus
authorities

``331. General bonus authority for enlisted members.
``332. General bonus authority for officers.
``333. Special bonus and incentive pay authorities for nuclear officers.
``334. Special aviation incentive pay and bonus authorities for
officers.
``335. Special bonus and incentive pay authorities for officers in
health professions.
``351. Hazardous duty pay.
``352. Assignment pay or special duty pay.
``353. Skill incentive pay or proficiency bonus.
``354. Special pay: 15-year career status bonus for members entering
service on or after August 1, 1986.
``355. Special pay: retention incentives for members qualified in
critical military skills or assigned to high priority units.

``subchapter iii--general provisions

``371. Relationship to other incentives and pays.
``372. Continuation of pays during hospitalization and rehabilitation
resulting from wounds, injury, or illness incurred while on
duty in a hostile fire area or exposed to an event of hostile
fire or other hostile action.
``373. Repayment of unearned portion of bonus, incentive pay, or similar
benefit when conditions of payment not met.
``374. Regulations.''.

SEC. 662. TRANSITIONAL PROVISIONS.

(a) Implementation Plan.--
(1) Development.--The Secretary of Defense shall develop a plan
to implement subchapters II and III of chapter 5 of title 37,
United States Code, as added by section 661(a), and to
correspondingly transition all of the special and incentive pay
programs for members of the uniformed services solely to provisions
of such subchapters.
(2) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit the
implementation plan to the congressional defense committees.
(b) Transition Period.--During a transition period of not more than
10 years beginning on the date of the enactment of this Act, the
Secretary of Defense, the Secretary of a military department, and the
Secretaries referred to in subsection (d) may continue to use the
authorities in provisions in subchapter I of chapter 5 of title 37,
United States Code, as designated by section 661(a), but subject to the
terms of such provisions and such modifications as the Secretary of
Defense may include in the implementation plan, to provide bonuses and
special and incentive pays for members of the uniformed services.
(c) Notice of Implementation of New Authorities.--Not less than 30
days before the date on which a special pay or bonus authority provided
under subchapter II of chapter 5 of title 37, United States Code, as
added by section 661(a), is first utilized, the Secretary of Defense
shall submit to the congressional defense committees a notice of the
implementation of the authority, including whether, as a result of
implementation of the authority, a corresponding authority in
subchapter I of such chapter, as designated by section 661(a), will no
longer be used.
(d) Coordination.--The Secretary of Defense shall prepare the
implementation plan in coordination with--
(1) the Secretary of Homeland Security, with respect to the
Coast Guard;
(2) the Secretary of Health and Human Services, with respect to
the commissioned corps of the Public Health Service; and
(3) the Secretary of Commerce, with respect to the National
Oceanic and Atmospheric Administration.
(e) No Effect on Fiscal Year 2008 Obligations.--During fiscal year
2008, obligations incurred under subchapters I, II, and III of chapter
5 of title 37, United States Code, as amended by section 661, to
provide bonuses, incentive pays, special pays, and similar payments to
members of the uniformed services under such subchapters may not exceed
the obligations that would be incurred in the absence of the amendments
made by such section.

Subtitle G--Other Matters

SEC. 671. REFERRAL BONUS AUTHORITIES.

(a) Codification and Modification of Army Referral Bonus
Authority.--
(1) Army referral bonus.--Chapter 333 of title 10, United
States Code, is amended by inserting after section 3251 the
following new section:

``Sec. 3252. Bonus to encourage Army personnel to refer persons for
enlistment in the Army

``(a) Authority To Pay Bonus.--
``(1) Authority.--The Secretary of the Army may pay a bonus
under this section to an individual referred to in paragraph (2)
who refers to an Army recruiter a person who has not previously
served in an armed force and who, after such referral, enlists in
the regular component of the Army or in the Army National Guard or
Army Reserve.
``(2) Individuals eligible for bonus.--Subject to subsection
(c), the following individuals are eligible for a referral bonus
under this section:
``(A) A member in the regular component of the Army.
``(B) A member of the Army National Guard.
``(C) A member of the Army Reserve.
``(D) A member of the Army in a retired status, including a
member under 60 years of age who, but for age, would be
eligible for retired pay.
``(E) A civilian employee of the Department of the Army.
``(b) Referral.--For purposes of this section, a referral for which
a bonus may be paid under subsection (a) occurs--
``(1) when the individual concerned contacts an Army recruiter
on behalf of a person interested in enlisting in the Army; or
``(2) when a person interested in enlisting in the Army
contacts the Army recruiter and informs the recruiter of the role
of the individual concerned in initially recruiting the person.
``(c) Certain Referrals Ineligible.--
``(1) Referral of immediate family.--A member of the Army or
civilian employee of the Department of the Army may not be paid a
bonus under subsection (a) for the referral of an immediate family
member.
``(2) Members in recruiting roles.--A member of the Army or
civilian employee of the Department of the Army serving in a
recruiting or retention assignment, or assigned to other duties
regarding which eligibility for a bonus under subsection (a) could
(as determined by the Secretary) be perceived as creating a
conflict of interest, may not be paid a bonus under subsection (a).
``(3) Junior reserve officers' training corps instructors.--A
member of the Army detailed under subsection (c)(1) of section 2031
of this title to serve as an administrator or instructor in the
Junior Reserve Officers' Training Corps program or a retired member
of the Army employed as an administrator or instructor in the
program under subsection (d) of such section may not be paid a
bonus under subsection (a).
``(d) Amount of Bonus.--The amount of the bonus payable for a
referral under subsection (a) may not exceed $2,000. The amount shall
be payable as provided in subsection (e).
``(e) Payment.--A bonus payable for a referral of a person under
subsection (a) shall be paid as follows:
``(1) Not more than $1,000 shall be paid upon the commencement
of basic training by the person.
``(2) Not more than $1,000 shall be paid upon the completion of
basic training and individual advanced training by the person.
``(f) Relation to Prohibition on Bounties.--The referral bonus
authorized by this section is not a bounty for purposes of section
514(a) of this title.
``(g) Coordination With Receipt of Retired Pay.--A bonus paid under
this section to a member of the Army in a retired status is in addition
to any compensation to which the member is entitled under this title,
title 37 or 38, or any other provision of law.
``(h) Duration of Authority.--A bonus may not be paid under
subsection (a) with respect to any referral that occurs after December
31, 2008.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 3251 the following new item:

``3252. Bonus to encourage Army personnel to refer persons for
enlistment in the Army.''.

(b) Bonus for Referral of Persons for Appointment as Officers To
Serve in Health Professions.--
(1) Health professions referral bonus.--Chapter 53 of such
title is amended by inserting before section 1031 the following new
section:

``Sec. 1030. Bonus to encourage Department of Defense personnel to
refer persons for appointment as officers to serve in
health professions

``(a) Authority To Pay Bonus.--
``(1) Authority.--The Secretary of Defense may authorize the
appropriate Secretary to pay a bonus under this section to an
individual referred to in paragraph (2) who refers to a military
recruiter a person who has not previously served in an armed force
and, after such referral, takes an oath of enlistment that leads to
appointment as a commissioned officer, or accepts an appointment as
a commissioned officer, in an armed force in a health profession
designated by the appropriate Secretary for purposes of this
section.
``(2) Individuals eligible for bonus.--Subject to subsection
(c), the following individuals are eligible for a referral bonus
under this section:
``(A) A member of the armed forces in a regular component
of the armed forces.
``(B) A member of the armed forces in a reserve component
of the armed forces.
``(C) A member of the armed forces in a retired status,
including a member under 60 years of age who, but for age,
would be eligible for retired or retainer pay.
``(D) A civilian employee of a military department or the
Department of Defense.
``(b) Referral.--For purposes of this section, a referral for which
a bonus may be paid under subsection (a) occurs--
``(1) when the individual concerned contacts a military
recruiter on behalf of a person interested in taking an oath of
enlistment that leads to appointment as a commissioned officer, or
accepting an appointment as a commissioned officer, as applicable,
in an armed force in a health profession; or
``(2) when a person interested in taking an oath of enlistment
that leads to appointment as a commissioned officer, or accepting
an appointment as a commissioned officer, as applicable, in an
armed force in a health profession contacts a military recruiter
and informs the recruiter of the role of the individual concerned
in initially recruiting the person.
``(c) Certain Referrals Ineligible.--
``(1) Referral of immediate family.--A member of the armed
forces or civilian employee of a military department or the
Department of Defense may not be paid a bonus under subsection (a)
for the referral of an immediate family member.
``(2) Members in recruiting roles.--A member of the armed
forces or civilian employee of a military department or the
Department of Defense serving in a recruiting or retention
assignment, or assigned to other duties regarding which eligibility
for a bonus under subsection (a) could (as determined by the
appropriate Secretary) be perceived as creating a conflict of
interest, may not be paid a bonus under subsection (a).
``(3) Junior reserve officers' training corps instructors.--A
member of the armed forces detailed under subsection (c)(1) of
section 2031 of this title to serve as an administrator or
instructor in the Junior Reserve Officers' Training Corps program
or a retired member of the armed forces employed as an
administrator or instructor in the program under subsection (d) of
such section may not be paid a bonus under subsection (a).
``(d) Amount of Bonus.--The amount of the bonus payable for a
referral under subsection (a) may not exceed $2,000. The amount shall
be payable as provided in subsection (e).
``(e) Payment.--A bonus payable for a referral of a person under
subsection (a) shall be paid as follows:
``(1) Not more than $1,000 shall be paid upon the execution by
the person of an agreement to serve as an officer in a health
profession in an armed force for not less than 3 years,
``(2) Not more than $1,000 shall be paid upon the completion by
the person of the initial period of military training as an
officer.
``(f) Relation to Prohibition on Bounties.--The referral bonus
authorized by this section is not a bounty for purposes of section
514(a) of this title.
``(g) Coordination With Receipt of Retired Pay.--A bonus paid under
this section to a member of the armed forces in a retired status is in
addition to any compensation to which the member is entitled under this
title, title 37 or 38, or any other provision of law.
``(h) Appropriate Secretary Defined.--In this section, the term
`appropriate Secretary' means--
``(1) the Secretary of the Army, with respect to matters
concerning the Army;
``(2) the Secretary of the Navy, with respect to matters
concerning the Navy, the Marine Corps, and the Coast Guard when it
is operating as a service in the Navy;
``(3) the Secretary of the Air Force, with respect to matters
concerning the Air Force; and
``(4) the Secretary of Defense, with respect to personnel of
the Department of Defense.
``(i) Duration of Authority.--A bonus may not be paid under
subsection (a) with respect to any referral that occurs after December
31, 2008.''.
(2) Clerical amendments.--The table of sections at the
beginning of such chapter is amended by inserting before the item
relating to section 1031 the following new item:

``1030. Bonus to encourage Department of Defense personnel to refer
persons for appointment as officers to serve in health
professions.''.

(c) Repeal of Superseded army Referral Bonus Authority.--
(1) Repeal.--Section 645 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) is repealed.
(2) Payment of bonuses under superseded authority.--Any bonus
payable under section 645 of the National Defense Authorization Act
for Fiscal Year 2006, as in effect before its repeal by paragraph
(1), shall remain payable after that date and shall be paid in
accordance with the provisions of such section, as in effect on the
day before the date of the enactment of this Act.

SEC. 672. EXPANSION OF EDUCATION LOAN REPAYMENT PROGRAM FOR MEMBERS OF
THE SELECTED RESERVE.

(a) Additional Educational Loans Eligible for Repayment.--Paragraph
(1) of subsection (a) of section 16301 of title 10, United States Code,
is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) any loan incurred for educational purposes made by a
lender that is--
``(i) an agency or instrumentality of a State;
``(ii) a financial or credit institution (including an
insurance company) that is subject to examination and
supervision by an agency of the United States or any State;
``(iii) a pension fund approved by the Secretary for
purposes of this section; or
``(iv) a nonprofit private entity designated by a State,
regulated by that State, and approved by the Secretary for
purposes of this section.''.
(b) Participation of Officers in Program.--Such subsection is
further amended--
(1) in paragraph (2)--
(A) by striking ``Except as provided in paragraph (3), the
Secretary'' and inserting ``The Secretary''; and
(B) by striking ``an enlisted member of the Selected
Reserve of the Ready Reserve of an armed force in a reserve
component and military specialty'' and inserting ``a member of
the Selected Reserve of the Ready Reserve of an armed force in
a reserve component and in an officer program or military
specialty''; and
(2) by striking paragraph (3).
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended to
read as follows:

``Sec. 16301. Education loan repayment program: members of Selected
Reserve''.

(2) Table of sections.--The table of sections at the beginning
of chapter 1609 of such title is amended by striking the item
relating to section 16301 and inserting the following new item:

``16301. Education loan repayment program: members of Selected
Reserve.''.

SEC. 673. ENSURING ENTRY INTO UNITED STATES AFTER TIME ABROAD FOR
PERMANENT RESIDENT ALIEN MILITARY SPOUSES AND CHILDREN.

Section 284 of the Immigration and Nationality Act (8 U.S.C. 1354)
is amended--
(1) by striking ``Nothing'' and inserting ``(a) Nothing''; and
(2) by adding at the end the following new subsection:
``(b) If a person lawfully admitted for permanent residence is the
spouse or child of a member of the Armed Forces of the United States,
is authorized to accompany the member and reside abroad with the member
pursuant to the member's official orders, and is so accompanying and
residing with the member (in marital union if a spouse), then the
residence and physical presence of the person abroad shall not be
treated as--
``(1) an abandonment or relinquishment of lawful permanent
resident status for purposes of clause (i) of section
101(a)(13)(C); or
``(2) an absence from the United States for purposes of clause
(ii) of such section.''.

SEC. 674. OVERSEAS NATURALIZATION FOR MILITARY SPOUSES AND CHILDREN.

(a) Spouses.--Section 319 of the Immigration and Nationality Act (8
U.S.C. 1430) is amended by adding at the end the following new
subsection:
``(e)(1) In the case of a person lawfully admitted for permanent
residence in the United States who is the spouse of a member of the
Armed Forces of the United States, is authorized to accompany such
member and reside abroad with the member pursuant to the member's
official orders, and is so accompanying and residing with the member in
marital union, such residence and physical presence abroad shall be
treated, for purposes of subsection (a) and section 316(a), as
residence and physical presence in--
``(A) the United States; and
``(B) any State or district of the Department of Homeland
Security in the United States.
``(2) Notwithstanding any other provision of law, a spouse
described in paragraph (1) shall be eligible for naturalization
proceedings overseas pursuant to section 1701(d) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8
U.S.C. 1443a).''.
(b) Children.--Section 322 of the Immigration and Nationality Act
(8 U.S.C. 1433) is amended by adding at the end the following new
subsection:
``(d) In the case of a child of a member of the Armed Forces of the
United States who is authorized to accompany such member and reside
abroad with the member pursuant to the member's official orders, and is
so accompanying and residing with the member--
``(1) any period of time during which the member of the Armed
Forces is residing abroad pursuant to official orders shall be
treated, for purposes of subsection (a)(2)(A), as physical presence
in the United States;
``(2) subsection (a)(5) shall not apply; and
``(3) the oath of allegiance described in subsection (b) may be
subscribed to abroad pursuant to section 1701(d) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136;
8 U.S.C. 1443a).''.
(c) Overseas Naturalization Authority.--Section 1701(d) of the
National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 8 U.S.C. 1443a) is amended--
(1) in the subsection heading, by inserting ``and Their Spouses
and Children'' after ``Forces''; and
(2) by inserting ``, and persons made eligible for
naturalization by section 319(e) or 322(d) of such Act,'' after
``Armed Forces''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and apply to any
application for naturalization or issuance of a certificate of
citizenship pending on or after such date.

SEC. 675. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF NAVY AND
MARINE CORPS SELECTED FOR PROMOTION WHILE INTERNED AS
PRISONERS OF WAR DURING WORLD WAR II TO TAKE INTO ACCOUNT
CHANGES IN CONSUMER PRICE INDEX.

(a) Modification.--Section 667(c) 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-170) is amended by adding at the
end the following new paragraph:
``(3) The amount determined for a person under paragraph (1) shall
be increased to reflect increases in cost of living since the basic pay
referred to in paragraph (1)(B) was paid to or for that person,
calculated on the basis of the Consumer Price Index (all items--United
States city average) published monthly by the Bureau of Labor
Statistics.''.
(b) Recalculation of Previous Payments.--In the case of any payment
of back pay made to or for a person under section 667 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 before
the date of the enactment of this Act, the Secretary of the Navy
shall--
(1) recalculate the amount of back pay to which the person is
entitled by reason of the amendment made by subsection (a); and
(2) if the amount of back pay, as so recalculated, exceeds the
amount of back pay so paid, pay the person, or the surviving spouse
of the person, an amount equal to the excess.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Military Health Benefits

Subtitle B--Studies and Reports

Subtitle C--Other Matters

Sec. 721. Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 722. Establishment of Joint Pathology Center.

Subtitle A--Improvements to Military Health Benefits

SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN
HEALTH CARE COSTS FOR MEMBERS OF THE UNIFORMED SERVICES.

(a) Charges Under Contracts for Medical Care.--Section 1097(e) of
title 10, United States Code, is amended by striking ``September 30,
2007'' and inserting ``September 30, 2008''.
(b) Charges for Inpatient Care.--Section 1086(b)(3) of such title
is amended by striking ``September 30, 2007.'' and inserting
``September 30, 2008''.
(c) Premiums Under TRICARE Coverage for Certain Members in the
Selected Reserve.--Section 1076d(d)(3) of such title is amended by
striking ``September 30, 2007'' and inserting ``September 30, 2008''.

SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL
PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.

During the period beginning on October 1, 2007, and ending on
September 30, 2008, the cost sharing requirements established under
paragraph (6) of section 1074g(a) of title 10, United States Code, for
pharmaceutical agents available through retail pharmacies covered by
paragraph (2)(E)(ii) of such section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.

SEC. 703. INCLUSION OF TRICARE RETAIL PHARMACY PROGRAM IN FEDERAL
PROCUREMENT OF PHARMACEUTICALS.

(a) In General.--Section 1074g of title 10, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Procurement of Pharmaceuticals by TRICARE Retail Pharmacy
Program.--With respect to any prescription filled on or after the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 2008, the TRICARE retail pharmacy program shall be treated as an
element of the Department of Defense for purposes of the procurement of
drugs by Federal agencies under section 8126 of title 38 to the extent
necessary to ensure that pharmaceuticals paid for by the Department of
Defense that are provided by pharmacies under the program to eligible
covered beneficiaries under this section are subject to the pricing
standards in such section 8126.''.
(b) Regulations.--The Secretary of Defense shall, after
consultation with the other administering Secretaries under chapter 55
of title 10, United States Code, modify the regulations under
subsection (h) of section 1074g of title 10, United States Code (as
redesignated by subsection (a)(1) of this section), to implement the
requirements of subsection (f) of section 1074g of title 10, United
States Code (as amended by subsection (a)(2) of this section). The
Secretary shall so modify such regulations not later than December 31,
2007.

SEC. 704. STIPEND FOR MEMBERS OF RESERVE COMPONENTS FOR HEALTH CARE FOR
CERTAIN DEPENDENTS.

The Secretary of Defense may, pursuant to regulations prescribed by
the Secretary, pay a stipend to a member of a reserve component of the
Armed Forces who is called or ordered to active duty for a period of
more than 30 days for purposes of maintaining civilian health care
coverage for a dependant whom the Secretary determines to possess a
special health care need that would be best met by remaining in the
member's civilian health plan. In making such determination, the
Secretary shall consider whether--
(1) the dependent of the member was receiving treatment for the
special health care need before the call or order to active duty of
the member; and
(2) the call or order to active duty would result in an
interruption in treatment or a change in health care provider for
such treatment.

SEC. 705. AUTHORITY FOR EXPANSION OF PERSONS ELIGIBLE FOR CONTINUED
HEALTH BENEFITS COVERAGE.

(a) Authority To Specify Additional Eligible Persons.--Subsection
(b) of section 1078a of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) Any other person specified in regulations prescribed by
the Secretary of Defense for purposes of this paragraph who loses
entitlement to health care services under this chapter or section
1145 of this title, subject to such terms and conditions as the
Secretary shall prescribe in the regulations.''.
(b) Election of Coverage.--Subsection (d) of such section is
amended by adding at the end the following new paragraph:
``(4) In the case of a person described in subsection (b)(4),
by such date as the Secretary shall prescribe in the regulations
required for purposes of that subsection.''.
(c) Period of Coverage.--Subsection (g)(1) of such section is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) in the case of a person described in subsection (b)(4),
the date that is 36 months after the date on which the person loses
entitlement to health care services as described in that
subsection.''.

SEC. 706. CONTINUATION OF ELIGIBILITY FOR TRICARE STANDARD COVERAGE FOR
CERTAIN MEMBERS OF THE SELECTED RESERVE.

(a) In General.--Section 706(f) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2282; 10 U.S.C. 1076d note) is amended--
(1) by striking ``Enrollments'' and inserting ``(1) Except as
provided in paragraph (2), enrollments''; and
(2) by adding at the end the following new paragraph:
``(2) The enrollment of a member in TRICARE Standard that is in
effect on the day before health care under TRICARE Standard is provided
pursuant to the effective date in subsection (g) shall not be
terminated by operation of the exclusion of eligibility under
subsection (a)(2) of such section 1076d, as so amended, for the
duration of the eligibility of the member under TRICARE Standard as in
effect on October 16, 2006.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2007.

SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH CARE DELIVERY.

(a) Extension of Duration of Pilot Program.--Section 721(e) of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 1988; 10 U.S.C. 1092 note) is
amended by striking ``and 2007'' and inserting ``, 2007, 2008, 2009,
and 2010''.
(b) Extension of Report Deadline.--Section 721(f) of such Act is
amended by striking ``July 1, 2007'' and inserting ``July 1, 2010''.
(c) Revision in Selection Criteria.--Section 721(d)(2) of such Act
is amended by striking ``expected to increase over the next five
years'' and inserting ``has increased over the five years preceding
2008''.
(d) Addition to Requirements of Pilot Program.--Section 721(b) of
such Act is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period and inserting ``; and'' at the end
of paragraph (4); and
(3) by adding at the end the following:
``(5) collaborate with State and local authorities to create an
arrangement to share and exchange, between the Department of
Defense and non-military health care systems, personal health
information and data of military personnel and their families.''.

SEC. 708. INCLUSION OF MENTAL HEALTH CARE IN DEFINITION OF HEALTH CARE
AND REPORT ON MENTAL HEALTH CARE SERVICES.

(a) Inclusion of Mental Health Care in Definition of Health Care.--
Section 1072 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(10) The term `health care' includes mental health care.''.
(b) Report on Access to Mental Health Care Services.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the adequacy
of access to mental health services under the TRICARE program,
including in the geographic areas where surveys on the continued
viability of TRICARE Standard and TRICARE Extra are conducted under
section 711 of this Act.

Subtitle B--Studies and Reports

SEC. 711. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD AND
TRICARE EXTRA.

(a) Requirement for Surveys.--
(1) In general.--The Secretary of Defense shall conduct surveys
of health care providers and beneficiaries who use TRICARE in the
United States to determine, utilizing a reconciliation of the
responses of providers and beneficiaries to such surveys, each of
the following:
(A) How many health care providers in TRICARE Prime service
areas selected under paragraph (3)(A) are accepting new
patients under each of TRICARE Standard and TRICARE Extra.
(B) How many health care providers in geographic areas in
which TRICARE Prime is not offered are accepting patients under
each of TRICARE Standard and TRICARE Extra.
(C) The availability of mental health care providers in
TRICARE Prime service areas selected under paragraph (3)(C) and
in geographic areas in which TRICARE Prime is not offered.
(2) Benchmarks.--The Secretary shall establish for purposes of
the surveys required by paragraph (1) benchmarks for primary care
and specialty care providers, including mental health care
providers, to be utilized to determine the adequacy of the
availability of health care providers to beneficiaries eligible for
TRICARE.
(3) Scope of surveys.--The Secretary shall carry out the
surveys required by paragraph (1) as follows:
(A) In the case of the surveys required by subparagraph (A)
of that paragraph, in at least 20 TRICARE Prime service areas
in the United States in each of fiscal years 2008 through 2011.
(B) In the case of the surveys required by subparagraph (B)
of that paragraph, in 20 geographic areas in which TRICARE
Prime is not offered and in which significant numbers of
beneficiaries who are members of the Selected Reserve reside.
(C) In the case of the surveys required by subparagraph (C)
of that paragraph, in at least 40 geographic areas.
(4) Priority for surveys.--In prioritizing the areas which are
to be surveyed under paragraph (1), the Secretary shall--
(A) consult with representatives of TRICARE beneficiaries
and health care and mental health care providers to identify
locations where TRICARE Standard beneficiaries are experiencing
significant levels of access-to-care problems under TRICARE
Standard or TRICARE Extra;
(B) give a high priority to surveying health care and
mental health care providers in such areas; and
(C) give a high priority to surveying beneficiaries and
providers located in geographic areas with high concentrations
of members of the Selected Reserve.
(5) Information from providers.--The surveys required by
paragraph (1) shall include questions seeking to determine from
health care and mental health care providers the following:
(A) Whether the provider is aware of the TRICARE program.
(B) What percentage of the provider's current patient
population uses any form of TRICARE.
(C) Whether the provider accepts patients for whom payment
is made under the medicare program for health care and mental
health care services.
(D) If the provider accepts patients referred to in
subparagraph (C), whether the provider would accept additional
such patients who are not in the provider's current patient
population.
(6) Information from beneficiaries.--The surveys required by
paragraph (1) shall include questions seeking information to
determine from TRICARE beneficiaries whether they have difficulties
in finding health care and mental health care providers willing to
provide services under TRICARE Standard or TRICARE Extra.
(b) GAO Review.--
(1) Ongoing review.--The Comptroller General shall, on an
ongoing basis, review--
(A) the processes, procedures, and analysis used by the
Department of Defense to determine the adequacy of the number
of health care and mental health care providers--
(i) that currently accept TRICARE Standard or TRICARE
Extra beneficiaries as patients under TRICARE Standard in
each TRICARE area as of the date of completion of the
review; and
(ii) that would accept TRICARE Standard or TRICARE
Extra beneficiaries as new patients under TRICARE Standard
or TRICARE Extra, as applicable, within a reasonable time
after the date of completion of the review; and
(B) the actions taken by the Department of Defense to
ensure ready access of TRICARE Standard beneficiaries to health
care and mental health care under TRICARE Standard in each
TRICARE area, including any pending or resolved requests for
waiver of payment limits in order to improve access to health
care or mental health care in a specific geographic area.
(2) Reports.--The Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives on a bi-annual basis a report on the results of the
review under paragraph (1). Each report shall include the
following:
(A) An analysis of the adequacy of the surveys under
subsection (a).
(B) An identification of any impediments to achieving
adequacy of availability of health care and mental health care
under TRICARE Standard or TRICARE Extra.
(C) An assessment of the adequacy of Department of Defense
education programs to inform health care and mental health care
providers about TRICARE Standard and TRICARE Extra.
(D) An assessment of the adequacy of Department of Defense
initiatives to encourage health care and mental health care
providers to accept patients under TRICARE Standard and TRICARE
Extra.
(E) An assessment of the adequacy of information available
to TRICARE Standard beneficiaries to facilitate access by such
beneficiaries to health care and mental health care under
TRICARE Standard and TRICARE Extra.
(F) An assessment of any need for adjustment of health care
and mental health care provider payment rates to attract
participation in TRICARE Standard by appropriate numbers of
health care and mental health care providers.
(G) An assessment of the adequacy of Department of Defense
programs to inform members of the Selected Reserve about the
TRICARE Reserve Select program.
(H) An assessment of the ability of TRICARE Reserve Select
beneficiaries to receive care in their geographic area.
(c) Effective Date.--This section shall take effect on October 1,
2007.
(d) Repeal of Superseded Requirements and Authority.--Section 723
of the National Defense Authorization Act for Fiscal Year 2004 (10
U.S.C. 1073 note) is repealed, effective as of October 1, 2007.
(e) Definitions.--In this section:
(1) The term ``TRICARE Extra'' means the option of the TRICARE
program under which TRICARE Standard beneficiaries may obtain
discounts on cost-sharing as a result of using TRICARE network
providers.
(2) The term ``TRICARE Prime'' means the managed care option of
the TRICARE program.
(3) The term ``TRICARE Prime service area'' means a geographic
area designated by the Department of Defense in which managed care
support contractors develop a managed care network under TRICARE
Prime.
(4) The term ``TRICARE Standard'' means the option of the
TRICARE program that is also known as the Civilian Health and
Medical Program of the Uniformed Services, as defined in section
1072(4) of title 10, United States Code.
(5) The term ``TRICARE Reserve Select'' means the option of the
TRICARE program that allows members of the Selected Reserve to
enroll in TRICARE Standard, pursuant to section 1076d of title 10,
United States Code.
(6) The term ``member of the Selected Reserve'' means a member
of the Selected Reserve of the Ready Reserve of a reserve component
of the Armed Forces.
(7) The term ``United States'' means the United States (as
defined in section 101(a) of title 10, United States Code), its
possessions (as defined in such section), and the Commonwealth of
Puerto Rico.

SEC. 712. REPORT ON TRAINING IN PRESERVATION OF REMAINS UNDER COMBAT OR
COMBAT-RELATED CONDITIONS.

(a) Report Required.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the requirements of section 567 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2224; 10 U.S.C. 1481 note).
(b) Matters Covered.--The report shall include a detailed
description of the implementation of such section, including--
(1) where the training program is taking place;
(2) who is providing the training;
(3) the number of each type of military health care
professional trained to date; and
(4) what the training covers.
(c) Deadline.--The report required by this section shall be
submitted not later than 180 days after the date of the enactment of
this Act.

SEC. 713. REPORT ON PATIENT SATISFACTION SURVEYS.

(a) Report Required.--Not later than March 1, 2008, the Secretary
of Defense shall submit to the congressional defense committees a
report on the ongoing patient satisfaction surveys taking place in
Department of Defense inpatient and outpatient settings at military
treatment facilities.
(b) Content.--The report required under subsection (a) shall
include the following:
(1) The types of survey questions asked.
(2) How frequently the surveying is conducted.
(3) How often the results are analyzed and reported back to the
treatment facilities.
(4) To whom survey feedback is made available.
(5) How best practices are incorporated for quality
improvement.
(6) An analysis of the effect of inpatient and outpatient
surveys on quality improvement and a comparison of patient
satisfaction survey programs with patient satisfaction survey
programs used by other public and private health care systems and
organizations.
(c) Use of Report Information.--The Secretary shall use information
in the report as the basis for a plan for improvements in patient
satisfaction surveys used to assess health care at military treatment
facilities in order to ensure the provision of high quality health care
and hospital services in such facilities.

SEC. 714. REPORT ON MEDICAL PHYSICAL EXAMINATIONS OF MEMBERS OF THE
ARMED FORCES BEFORE THEIR DEPLOYMENT.

Not later than April 1, 2008, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the following:
(1) A comparison of the policies of the military departments
concerning medical physical examinations of members of the Armed
Forces before their deployment, including an identification of
instances in which a member (including a member of a reserve
component) may be required to undergo multiple physical
examinations, from the time of notification of an upcoming
deployment through the period of preparation for deployment.
(2) An assessment of the current policies related to, as well
as the feasibility of, each of the following:
(A) A single predeployment physical examination for members
of the Armed Forces before their deployment.
(B) A single system for tracking electronically the results
of examinations under subparagraph (A) that can be shared among
the military departments and thereby eliminate redundancy of
medical physical examinations for members of the Armed Forces
before their deployment.

SEC. 715. REPORT AND STUDY ON MULTIPLE VACCINATIONS OF MEMBERS OF THE
ARMED FORCES.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the policies of the Department of Defense
for administering and evaluating the vaccination of members of the
Armed Forces.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the Department's policies governing the
administration of multiple vaccinations in a 24-hour period,
including the procedures providing for a full review of an
individual's medical history prior to the administration of
multiple vaccinations, and whether such policies and procedures
differ for members of the Armed Forces on active duty and members
of reserve components.
(2) An assessment of how the Department's policies on multiple
vaccinations in a 24-hour period conform to current regulations of
the Food and Drug Administration and research performed or being
performed by the Centers for Disease Control, other non-military
Federal agencies, and non-Federal institutions on multiple
vaccinations in a 24-hour period.
(3) An assessment of the Department's procedures for initiating
investigations of deaths of members of the Armed Forces in which
vaccinations may have played a role, including whether such
investigations can be requested by family members of the deceased
individuals.
(4) The number of deaths of members of the Armed Forces since
May 18, 1998, that the Department has investigated for the
potential role of vaccine administration, including both the number
of deaths investigated that was alleged to have involved more than
one vaccine administered in a given 24-hour period and the number
of deaths investigated that was determined to have involved more
than one vaccine administered in a given 24-hour period.
(5) An assessment of the procedures for providing the Adjutants
General of the various States and territories with up-to-date
information on the effectiveness and potential allergic reactions
and side effects of vaccines required to be taken by National Guard
members.
(6) An assessment of whether procedures are in place to provide
that the Adjutants General of the various States and territories
retain updated medical records of each National Guard member called
up for active duty.

SEC. 716. REVIEW OF GENDER- AND ETHNIC GROUP-SPECIFIC MENTAL HEALTH
SERVICES AND TREATMENT FOR MEMBERS OF THE ARMED FORCES.

(a) Comprehensive Review.--The Secretary of Defense shall conduct a
comprehensive review of--
(1) the need for gender- and ethnic group-specific mental
health treatment and services for members of the Armed Forces; and
(2) the efficacy and adequacy of existing gender- and ethnic
group-specific mental health treatment programs and services for
members of the Armed Forces, to include availability of and access
to such programs.
(b) Elements.--The review required by subsection (a) shall include,
but not be limited to, an assessment of the following:
(1) The need for gender- and ethnic group-specific mental
health outreach, prevention, and treatment services for members of
the Armed Forces.
(2) The access to and efficacy of existing gender- and ethnic
group-specific mental health outreach, prevention, and treatment
services and programs (including substance abuse programs).
(3) The availability of gender- and ethnic group-specific
services and treatment for members of the Armed Forces who
experienced sexual assault or abuse.
(4) The access to and need for treatment facilities focusing on
the gender- and ethnic group-specific mental health care needs of
members of the Armed Forces.
(5) The need for further clinical research on the gender- and
ethnic group-specific needs of members of the Armed Forces who
served in a combat zone.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the review required by subsection (a).

SEC. 717. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE PROGRAM.

(a) Regulations.--The Secretary of Defense shall prescribe
regulations to establish criteria that licensed or certified mental
health counselors shall meet in order to be able to independently
provide care to TRICARE beneficiaries and receive payment under the
TRICARE program for such services. The criteria shall include
requirements for education level, licensure, certification, and
clinical experience as considered appropriate by the Secretary.
(b) Study Required.--The Secretary of Defense shall enter into a
contract with the Institute of Medicine of the National Academy of
Sciences, or another similarly qualified independent academic medical
organization, for the purpose of--
(1) conducting an independent study of the credentials,
preparation, and training of individuals practicing as licensed
mental health counselors; and
(2) making recommendations for permitting licensed mental
health counselors to practice independently under the TRICARE
program.
(c) Elements of Study.--
(1) Educational requirements.--The study required by subsection
(b) shall provide for an assessment of the educational requirements
and curricula relevant to mental health practice for licensed
mental health counselors, including types of degrees recognized,
certification standards for graduate programs for such profession,
and recognition of undergraduate coursework for completion of
graduate degree requirements.
(2) Licensing requirements.--The study required by subsection
(b) shall provide for an assessment of State licensing requirements
for licensed mental health counselors, including for each level of
licensure if a State issues more than one type of license for the
profession. The assessment shall examine requirements in the areas
of education, training, examination, continuing education, and
ethical standards, and shall include an evaluation of the extent to
which States authorize members of the licensed mental health
counselor profession to diagnose and treat mental illnesses.
(3) Clinical experience requirements.--The study required by
subsection (b) shall provide for an analysis of the requirements
for clinical experience for a licensed mental health counselor to
be recognized under regulations for the TRICARE program, and
recommendations, if any, for standardization or adjustment of such
requirements.
(4) Independent practice under other federal programs.--The
study required by subsection (b) shall provide for an assessment of
the extent to which licensed mental health counselors are
authorized to practice independently under other Federal programs
(such as the Medicare program, the Department of Veterans Affairs,
the Indian Health Service, and Head Start), and a review of the
relationship, if any, between recognition of mental health
professions under the Medicare program and independent practice
authority for such profession under the TRICARE program.
(5) Independent practice under fehbp.--The study required by
subsection (b) shall provide for an assessment of the extent to
which licensed mental health counselors are authorized to practice
independently under the Federal Employee Health Benefits Program
and private insurance plans. The assessment shall identify the
States having laws requiring private insurers to cover, or offer
coverage of, the services of members of licensed mental health
counselors and shall identify the conditions, if any, that are
placed on coverage of practitioners under the profession by
insurance plans and how frequently these types of conditions are
used by insurers.
(6) Historical review of regulations.--The study required by
subsection (b) shall provide for a review of the history of
regulations prescribed by the Department of Defense regarding which
members of the mental health profession are recognized as providers
under the TRICARE program as independent practitioners, and an
examination of the recognition by the Department of third-party
certification for members of such profession.
(7) Clinical capabilities studies.--The study required by
subsection (b) shall include a review of outcome studies and of the
literature regarding the comparative quality and effectiveness of
care provided by licensed mental health counselors and provide an
independent review of the findings.
(d) Recommendations for TRICARE Independent Practice Authority.--
The recommendations provided under subsection (b)(2) shall include
recommendations regarding modifications of current policy for the
TRICARE program with respect to allowing licensed mental health
counselors to practice independently under the TRICARE program.
(e) Report.--Not later than March 1, 2009, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the review required by subsection
(b).

SEC. 718. REPORT ON FUNDING OF THE DEPARTMENT OF DEFENSE FOR HEALTH
CARE.

(a) Report.--If the President submits to Congress the budget for a
fiscal year under section 1105 of title 31, United States Code, and the
aggregate amount included in that budget for the Department of Defense
for health care for such fiscal year is less than the aggregate amount
provided by Congress for the Department for health care for the
preceding fiscal year, and, in the case of the Department, the total
allocation from the Defense Health Program to any military department
is less than the total of such allocation in the preceding fiscal year,
the President shall submit to Congress a report on--
(1) the reasons for the determination that inclusion of a
lesser aggregate amount or allocation to any military department is
in the national interest; and
(2) the anticipated effects of the inclusion of such lesser
aggregate amount or allocation to any military department on the
access to and delivery of medical and support services to members
of the Armed Forces and their family members.
(b) Termination.--The section shall not be in effect after December
31, 2017.

Subtitle C--Other Matters

SEC. 721. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL
POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS.

(a) Prohibition.--The Secretary of a military department may not
convert any military medical or dental position to a civilian medical
or dental position during the period beginning on October 1, 2007, and
ending on September 30, 2012.
(b) Restoration of Certain Positions to Military Positions.--In the
case of any military medical or dental position that is converted to a
civilian medical or dental position during the period beginning on
October 1, 2004, and ending on September 30, 2008, if the position is
not filled by a civilian by September 30, 2008, the Secretary of the
military department concerned shall restore the position to a military
medical or dental position that can be filled only by a member of the
Armed Forces who is a health professional.
(c) Report.--
(1) Requirement.--The Secretary of Defense shall submit to the
congressional defense committees a report on conversions made
during fiscal year 2007 not later than 180 days after the enactment
of this Act.
(2) Matters covered.--The report shall include the following:
(A) The number of military medical or dental positions, by
grade or band and specialty, converted to civilian medical or
dental positions.
(B) The results of a market survey in each affected area of
the availability of civilian medical and dental care providers
in such area in order to determine whether there were civilian
medical and dental care providers available in such area
adequate to fill the civilian positions created by the
conversion of military medical and dental positions to civilian
positions in such area.
(C) An analysis, by affected area, showing the extent to
which access to health care and cost of health care was
affected in both the direct care and purchased care systems,
including an assessment of the effect of any increased shifts
in patient load from the direct care to the purchased care
system, or any delays in receipt of care in either the direct
or purchased care system because of the conversions.
(D) The extent to which military medical and dental
positions converted to civilian medical or dental positions
affected recruiting and retention of uniformed medical and
dental personnel.
(E) A comparison of the full costs for the military medical
and dental positions converted with the full costs for civilian
medical and dental positions, including expenses such as
recruiting, salary, benefits, training, and any other costs the
Department identifies.
(F) An assessment showing that the military medical or
dental positions converted were in excess of the military
medical and dental positions needed to meet medical and dental
readiness requirements of the uniformed services, as determined
jointly by all the uniformed services.
(d) Definitions.--In this section:
(1) The term ``military medical or dental position'' means a
position for the performance of health care functions within the
Armed Forces held by a member of the Armed Forces.
(2) The term ``civilian medical or dental position'' means a
position for the performance of health care functions within the
Department of Defense held by an employee of the Department or of a
contractor of the Department.
(3) The term ``uniformed services'' has the meaning given that
term in section 1072(1) of title 10, United States Code.
(4) The term ``conversion'', with respect to a military medical
or dental position, means a change of the position to a civilian
medical or dental position, effective as of the date of the manning
authorization document of the military department making the change
(through a change in designation from military to civilian in the
document, the elimination of the listing of the position as a
military position in the document, or through any other means
indicating the change in the document or otherwise).
(e) Repeal.--Section 742 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2306) is repealed.

SEC. 722. ESTABLISHMENT OF JOINT PATHOLOGY CENTER.

(a) Findings.--Congress makes the following findings:
(1) The Secretary of Defense proposed to disestablish all
elements of the Armed Forces Institute of Pathology, except the
National Medical Museum and the Tissue Repository, as part of the
recommendations of the Secretary for the closure of Walter Reed
Army Medical Center in the 2005 round of defense base closure and
realignment.
(2) The Defense Base Closure and Realignment Commission
altered, but did not reject, the proposal of the Secretary of
Defense to disestablish the Armed Forces Institute of Pathology.
(3) The Commission's recommendation that the Armed Forces
Institute of Pathology's ``capabilities not specified in this
recommendation will be absorbed into other DOD, Federal, or
civilian facilities'' provides the flexibility to retain a Joint
Pathology Center as a Department of Defense or Federal entity.
(b) Sense of Congress.--It is the sense of Congress that the Armed
Forces Institute of Pathology has provided important medical benefits
to the Armed Forces and to the United States and that the Federal
Government should retain a Joint Pathology Center.
(c) Establishment.--
(1) Establishment required.--The President shall establish and
maintain a Joint Pathology Center that shall function as the
reference center in pathology for the Federal Government.
(2) Establishment within dod.--Except as provided in paragraph
(3), the Joint Pathology Center shall be established in the
Department of Defense, consistent with the final recommendations of
the 2005 Defense Base Closure and Realignment Commission, as
approved by the President.
(3) Establishment in another department.--If the President
makes a determination, within 180 days after the date of the
enactment of this Act, that the Joint Pathology Center cannot be
established in the Department of Defense, the Joint Pathology
Center shall be established as an element of a Federal agency other
than the Department of Defense. The President shall incorporate the
selection of such agency into the determination made under this
paragraph.
(d) Services.--The Joint Pathology Center shall provide, at a
minimum, the following:
(1) Diagnostic pathology consultation services in medicine,
dentistry, and veterinary sciences.
(2) Pathology education, to include graduate medical education,
including residency and fellowship programs, and continuing medical
education.
(3) Diagnostic pathology research.
(4) Maintenance and continued modernization of the Tissue
Repository and, as appropriate, utilization of the Repository in
conducting the activities described in paragraphs (1) through (3).

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Sec. 800. Short title.

Subtitle A--Acquisition Policy and Management

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations

Subtitle D--Accountability in Contracting

Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan.
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts
and contracting processes in Iraq and Afghanistan.
Sec. 843. Enhanced competition requirements for task and delivery order
contracts.
Sec. 844. Public disclosure of justification and approval documents for
noncompetitive contracts.
Sec. 845. Disclosure of government contractor audit findings.
Sec. 846. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 847. Requirements for senior Department of Defense officials
seeking employment with defense contractors.
Sec. 848. Report on contractor ethics programs of Major Defense
contractors.
Sec. 849. Contingency contracting training for personnel outside the
acquisition workforce and evaluations of Army Commission
recommendations.

Subtitle E--Acquisition Workforce Provisions

Subtitle F--Contracts in Iraq and Afghanistan

Subtitle G--Defense Materiel Readiness Board

Sec. 871. Establishment of Defense Materiel Readiness Board.
Sec. 872. Critical materiel readiness shortfalls.

Subtitle H--Other Matters

SEC. 800. SHORT TITLE.

This title may be cited as the ``Acquisition Improvement and
Accountability Act of 2007''.

Subtitle A--Acquisition Policy and Management

SEC. 801. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES.

(a) Inspectors General Reviews and Determinations.--
(1) In general.--For each covered non-defense agency, the
Inspector General of the Department of Defense and the Inspector
General of such covered non-defense agency shall, not later than
the date specified in paragraph (2), jointly--
(A) review--
(i) the procurement policies, procedures, and internal
controls of such covered non-defense agency that are
applicable to the procurement of property and services on
behalf of the Department by such covered non-defense
agency; and
(ii) the administration of such policies, procedures,
and internal controls; and
(B) determine in writing whether such covered non-defense
agency is or is not compliant with defense procurement
requirements.
(2) Deadline for reviews and determinations.--The reviews and
determinations required by paragraph (1) shall take place as
follows:
(A) In the case of the General Services Administration, by
not later than March 15, 2010.
(B) In the case of each of the Department of the Treasury,
the Department of the Interior, and the National Aeronautics
and Space Administration, by not later than March 15, 2011.
(C) In the case of each of the Department of Veterans
Affairs and the National Institutes of Health, by not later
than March 15, 2012.
(3) Separate reviews and determinations.--The Inspector General
of the Department of Defense and the Inspector General of a covered
non-defense agency may by joint agreement conduct separate reviews
of the procurement of property and services on behalf of the
Department of Defense that are conducted by separate business
units, or under separate government-wide acquisition contracts, of
the covered non-defense agency. If such separate reviews are
conducted, the Inspectors General shall make a separate
determination under paragraph (1)(B) with respect to each such
separate review.
(4) Memoranda of understanding for reviews and
determinations.--Not later than one year before a review and
determination is required under this subsection with respect to a
covered non-defense agency, the Inspector General of the Department
of Defense and the Inspector General of the covered non-defense
agency shall enter into a memorandum of understanding with each
other to carry out such review and determination.
(5) Termination of non-compliance determination.--If the
Inspector General of the Department of Defense and the Inspector
General of a covered non-defense agency determine, pursuant to
paragraph (1)(B), that a covered non-defense agency is not
compliant with defense procurement requirements, the Inspectors
General shall terminate such a determination effective on the date
on which the Inspectors General jointly--
(A) determine that the non-defense agency is compliant with
defense procurement requirements; and
(B) notify the Secretary of Defense of that determination.
(6) Resolution of disagreements.--If the Inspector General of
the Department of Defense and the Inspector General of a covered
non-defense agency are unable to agree on a joint determination
under this subsection, a determination by the Inspector General of
the Department of Defense under this subsection shall be conclusive
for the purposes of this section.
(b) Limitation on Procurements on Behalf of Department of
Defense.--
(1) Except as provided in paragraph (2), an acquisition
official of the Department of Defense may place an order, make a
purchase, or otherwise procure property or services for the
Department of Defense in excess of the simplified acquisition
threshold through a non-defense agency only if--
(A) in the case of a procurement by any non-defense agency
in any fiscal year, the head of the non-defense agency has
certified that the non-defense agency will comply with defense
procurement requirements for the fiscal year;
(B) in the case of--
(i) a procurement by a covered non-defense agency in a
fiscal year for which a memorandum of understanding is
required by subsection (a)(4), the Inspector General of the
Department of Defense and the Inspector General of the
covered non-defense agency have entered into such a
memorandum of understanding; or
(ii) a procurement by a covered non-defense agency in a
fiscal year following the Inspectors General review and
determination required by subsection (a), the Inspectors
General have determined that a covered non-defense agency
is compliant with defense procurement requirements or have
terminated a prior determination of non-compliance in
accordance with subsection (a)(5); and
(C) the procurement is not otherwise prohibited by section
817 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364) or section 811 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163).
(2) Exception for procurements of necessary property and
services.--
(A) In general.--The limitation in paragraph (1) shall not
apply to the procurement of property and services on behalf of
the Department of Defense by a non-defense agency during any
fiscal year for which there is in effect a written
determination of the Under Secretary of Defense for
Acquisition, Technology, and Logistics that it is necessary in
the interest of the Department of Defense to procure property
and services through the non-defense agency during such fiscal
year.
(B) Scope of particular exception.--A written determination
with respect to a non-defense agency under subparagraph (A)
shall apply to any category of procurements through the non-
defense agency that is specified in the determination.
(c) Guidance on Interagency Contracting.--
(1) Requirement.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall issue
guidance on the use of interagency contracting by the Department of
Defense.
(2) Matters covered.--The guidance required by paragraph (1)
shall address the circumstances in which it is appropriate for
Department of Defense acquisition officials to procure goods or
services through a contract entered into by an agency outside the
Department of Defense. At a minimum, the guidance shall address--
(A) the circumstances in which it is appropriate for such
acquisition officials to use direct acquisitions;
(B) the circumstances in which it is appropriate for such
acquisition officials to use assisted acquisitions;
(C) the circumstances in which it is appropriate for such
acquisition officials to use interagency contracting to acquire
items unique to the Department of Defense and the procedures
for approving such interagency contracting;
(D) the circumstances in which it is appropriate for such
acquisition officials to use interagency contracting to acquire
items that are already being provided under a contract awarded
by the Department of Defense;
(E) tools that should be used by such acquisition officials
to determine whether items are already being provided under a
contract awarded by the Department of Defense; and
(F) procedures for ensuring that defense procurement
requirements are identified and communicated to outside
agencies involved in interagency contracting.
(d) Compliance With Defense Procurement Requirements.--For the
purposes of this section, a non-defense agency is compliant with
defense procurement requirements if the procurement policies,
procedures, and internal controls of the non-defense agency 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 the compliance of the non-defense agency with the
requirements of laws and regulations (including applicable Department
of Defense financial management regulations) that apply to procurements
of property and services made directly by the Department of Defense.
(e) Treatment of Procurements for Fiscal Year Purposes.--For the
purposes of this section, 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 the procurement in that fiscal year.
(f) Definitions.--In this section:
(1) Non-defense agency.--The term ``non-defense agency'' means
any department or agency of the Federal Government other than the
Department of Defense. Such term includes a covered non-defense
agency.
(2) Covered non-defense agency.--The term ``covered non-defense
agency'' means each of the following:
(A) The General Services Administration.
(B) The Department of the Treasury.
(C) The Department of the Interior.
(D) The National Aeronautics and Space Administration.
(E) The Department of Veterans Affairs.
(F) The National Institutes of Health.
(3) Government-wide acquisition contract.--The term
``government-wide acquisition contract'' means a task or delivery
order contract that--
(A) is entered into by a non-defense agency; and
(B) may be used as the contract under which property or
services are procured for one or more other departments or
agencies of the Federal Government.
(4) Simplified acquisition threshold.--The term ``simplified
acquisition threshold'' has the meaning provided by section 2302(7)
of title 10, United States Code.
(5) Interagency contracting.--The term ``interagency
contracting'' means the exercise of the authority under section
1535 of title 31, United States Code, or other statutory authority,
for Federal agencies to purchase goods and services under contracts
entered into or administered by other agencies.
(6) Acquisition official.--The term ``acquisition official'',
with respect to the Department of Defense, means--
(A) a contracting officer of the Department of Defense; or
(B) any other Department of Defense official authorized to
approve a direct acquisition or an assisted acquisition on
behalf of the Department of Defense.
(7) Direct acquisition.--The term ``direct acquisition'', with
respect to the Department of Defense, means the type of interagency
contracting through which the Department of Defense orders an item
or service from a government-wide acquisition contract maintained
by a non-defense agency.
(8) Assisted acquisition.--The term ``assisted acquisition'',
with respect to the Department of Defense, means the type of
interagency contracting through which acquisition officials of a
non-defense agency award a contract or task or delivery order for
the procurement of goods or services on behalf of the Department of
Defense.

SEC. 802. LEAD SYSTEMS INTEGRATORS.

(a) Prohibitions on the Use of Lead Systems Integrators.--
(1) Prohibition on new lead systems integrators.--Effective
October 1, 2010, the Department of Defense may not award a new
contract for lead systems integrator functions in the acquisition
of a major system to any entity that was not performing lead
systems integrator functions in the acquisition of the major system
prior to the date of the enactment of this Act.
(2) Prohibition on lead systems integrators beyond low-rate
initial production.--Effective on the date of the enactment of this
Act, the Department of Defense may award a new contract for lead
systems integrator functions in the acquisition of a major system
only if--
(A) the major system has not yet proceeded beyond low-rate
initial production; or
(B) the Secretary of Defense determines in writing that it
would not be practicable to carry out the acquisition without
continuing to use a contractor to perform lead systems
integrator functions and that doing so is in the best interest
of the Department.
(3) Requirements relating to determinations.--A determination
under paragraph (2)(B)--
(A) shall specify the reasons why it would not be
practicable to carry out the acquisition without continuing to
use a contractor to perform lead systems integrator functions
(including a discussion of alternatives, such as the use of the
Department of Defense workforce, or a system engineering and
technical assistance contractor);
(B) shall include a plan for phasing out the use of
contracted lead systems integrator functions over the shortest
period of time consistent with the interest of the national
defense;
(C) may not be delegated below the level of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics; and
(D) shall be provided to the Committees on Armed Services
of the Senate and the House of Representatives at least 45 days
before the award of a contract pursuant to the determination.
(b) Acquisition Workforce.--
(1) Requirement.--The Secretary of Defense shall ensure that
the acquisition workforce is of the appropriate size and skill
level necessary--
(A) to accomplish inherently governmental functions related
to acquisition of major systems; and
(B) to effectuate the purpose of subsection (a) to minimize
and eventually eliminate the use of contractors to perform lead
systems integrator functions.
(2) Report.--The Secretary shall include an update on the
progress made in complying with paragraph (1) in the annual report
required by section 820 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2330).
(c) Exception for Contracts for Other Management Services.--The
Department of Defense may continue to award contracts for the
procurement of services the primary purpose of which is to perform
acquisition support functions with respect to the development or
production of a major system, if the following conditions are met with
respect to each such contract:
(1) The contract prohibits the contractor from performing
inherently governmental functions.
(2) The Department of Defense organization responsible for the
development or production of the major system ensures that Federal
employees are responsible for--
(A) determining courses of action to be taken in the best
interest of the government; and
(B) determining best technical performance for the
warfighter.
(3) The contract requires that the prime contractor for the
contract may not advise or recommend the award of a contract or
subcontract for the development or production of the major system
to an entity owned in whole or in part by the prime contractor.
(d) Definitions.--In this section:
(1) Lead systems integrator.--The term ``lead systems
integrator'' means--
(A) a prime contractor for the development or production of
a major system, if the prime contractor is not expected at the
time of award to perform a substantial portion of the work on
the system and the major subsystems; or
(B) a prime contractor under a contract for the procurement
of services the primary purpose of which is to perform
acquisition functions closely associated with inherently
governmental functions with respect to the development or
production of a major system.
(2) Major system.--The term ``major system'' has the meaning
given such term in section 2302d of title 10, United States Code.
(3) Low-rate initial production.--The term ``low-rate initial
production'' has the meaning given such term in section 2400 of
title 10, United States Code.

SEC. 803. REINVESTMENT IN DOMESTIC SOURCES OF STRATEGIC MATERIALS.

(a) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Strategic Materials Protection Board
established pursuant to section 187 of title 10, United States Code,
shall perform an assessment of the extent to which domestic producers
of strategic materials are investing and planning to invest on a
sustained basis in the processes, infrastructure, workforce training,
and facilities required for the continued domestic production of such
materials to meet national defense requirements.
(b) Cooperation of Domestic Producers.--The Department of Defense
may take into consideration the degree of cooperation of any domestic
producer of strategic materials with the assessment conducted under
subsection (a) when determining how much weight to accord any comments
provided by such domestic producer regarding a proposed waiver of
domestic source limitations pursuant to section 2533b of title 10,
United States Code.
(c) Report to Congressional Defense Committees.--The Board shall
include the findings and recommendations of the assessment required by
subsection (a) in the first report submitted to Congress pursuant to
section 187(d) of title 10, United States Code, after the completion of
such assessment.
(d) Definition.--The term ``strategic material'' means--
(1) a material designated as critical to national security by
the Strategic Materials Protection Board in accordance with section
187 of title 10, United States Code; or
(2) a specialty metal as defined by section 2533b of title 10,
United States Code.

SEC. 804. CLARIFICATION OF THE PROTECTION OF STRATEGIC MATERIALS
CRITICAL TO NATIONAL SECURITY.

(a) Prohibition.--Subsection (a) of section 2533b of title 10,
United States Code, is amended--
(1) by striking ``Except as provided in subsections (b) through
(j), funds appropriated or otherwise available to the Department of
Defense may not be used for the procurement of--'' and inserting
``Except as provided in subsections (b) through (m), the
acquisition by the Department of Defense of the following items is
prohibited:'';
(2) in paragraph (1)--
(A) by striking ``the following'' and inserting ``The
following''; and
(B) by striking ``; or'' and inserting a period; and
(3) in paragraph (2), by striking ``a speciality'' and
inserting ``A specialty''.
(b) Applicability to Acquisition of Commercial Items.--Subsection
(h) of such section is amended to read as follows:
``(h) Applicability to Acquisitions of Commercial Items.--(1)
Except as provided in paragraphs (2) and (3), this section applies to
acquisitions of commercial items, notwithstanding sections 34 and 35 of
the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431).
``(2) This section does not apply to contracts or subcontracts for
the acquisition of commercially available off-the-shelf items, as
defined in section 35(c) of the Office of Federal Procurement Policy
Act (41 U.S.C. 431(c)), other than--
``(A) contracts or subcontracts for the acquisition of
specialty metals, including mill products, such as bar, billet,
slab, wire, plate and sheet, that have not been incorporated into
end items, subsystems, assemblies, or components;
``(B) contracts or subcontracts for the acquisition of forgings
or castings of specialty metals, unless such forgings or castings
are incorporated into commercially available off-the-shelf end
items, subsystems, or assemblies;
``(C) contracts or subcontracts for commercially available high
performance magnets unless such high performance magnets are
incorporated into commercially available off-the-shelf-end items or
subsystems; and
``(D) contracts or subcontracts for commercially available off-
the-shelf fasteners, unless such fasteners are--
``(i) incorporated into commercially available off-the-
shelf end items, subsystems, assemblies, or components; or
``(ii) purchased as provided in paragraph (3).
``(3) This section does not apply to fasteners that are commercial
items that are purchased under a contract or subcontract with a
manufacturer of such fasteners, if the manufacturer has certified that
it will purchase, during the relevant calendar year, an amount of
domestically melted specialty metal, in the required form, for use in
the production of such fasteners for sale to the Department of Defense
and other customers, that is not less than 50 percent of the total
amount of the specialty metal that it will purchase to carry out the
production of such fasteners.''.
(c) Electronic Components.--Subsection (g) of such section is
amended by striking ``commercially available'' and all that follows
through the end of the subsection and inserting ``electronic
components, unless the Secretary of Defense, upon the recommendation of
the Strategic Materials Protection Board pursuant to section 187 of
this title, determines that the domestic availability of a particular
electronic component is critical to national security.''.
(d) Additional Exceptions.--Section 2533b of title 10, United
States Code, as amended by subsections (a), (b), and (c), is further
amended--
(1) by redesignating subsections (i) and (j) as subsections (l)
and (m), respectively; and
(2) by inserting after subsection (h) the following new
subsections:
``(i) Exceptions for Purchases of Specialty Metals Below Minimum
Threshold.--(1) Notwithstanding subsection (a), the Secretary of
Defense or the Secretary of a military department may accept delivery
of an item containing specialty metals that were not melted in the
United States if the total amount of noncompliant specialty metals in
the item does not exceed 2 percent of the total weight of specialty
metals in the item.
``(2) This subsection does not apply to high performance magnets.
``(j) Streamlined Compliance for Commercial Derivative Military
Articles.--(1) Subsection (a) shall not apply to an item acquired under
a prime contract if the Secretary of Defense or the Secretary of a
military department determines that--
``(A) the item is a commercial derivative military article; and
``(B) the contractor certifies that the contractor and its
subcontractors have entered into a contractual agreement, or
agreements, to purchase an amount of domestically melted specialty
metal in the required form, for use during the period of contract
performance in the production of the commercial derivative military
article and the related commercial article, that is not less than
the greater of--
``(i) an amount equivalent to 120 percent of the amount of
specialty metal that is required to carry out the production of
the commercial derivative military article (including the work
performed under each subcontract); or
``(ii) an amount equivalent to 50 percent of the amount of
specialty metal that is purchased by the contractor and its
subcontractors for use during such period in the production of
the commercial derivative military article and the related
commercial article.
``(2) For the purposes of this subsection, the amount of specialty
metal that is required to carry out the production of the commercial
derivative military article includes specialty metal contained in any
item, including commercially available off-the-shelf items,
incorporated into such commercial derivative military article.
``(k) National Security Waiver.--(1) Notwithstanding subsection
(a), the Secretary of Defense may accept the delivery of an end item
containing noncompliant materials if the Secretary determines in
writing that acceptance of such end item is necessary to the national
security interests of the United States.
``(2) A written determination under paragraph (1)--
``(A) may not be delegated below the level of the Deputy
Secretary of Defense or the Under Secretary of Defense for
Acquisition, Technology, and Logistics;
``(B) shall specify the quantity of end items to which the
waiver applies and the time period over which the waiver applies;
and
``(C) shall be provided to the congressional defense committees
prior to making such a determination (except that in the case of an
urgent national security requirement, such certification may be
provided to the defense committees up to 7 days after it is made).
``(3)(A) In any case in which the Secretary makes a determination
under paragraph (1), the Secretary shall determine whether or not the
noncompliance was knowing and willful.
``(B) If the Secretary determines that the noncompliance was not
knowing or willful, the Secretary shall ensure that the contractor or
subcontractor responsible for the noncompliance develops and implements
an effective plan to ensure future compliance.
``(C) If the Secretary determines that the noncompliance was
knowing or willful, the Secretary shall--
``(i) require the development and implementation of a plan to
ensure future compliance; and
``(ii) consider suspending or debarring the contractor or
subcontractor until such time as the contractor or subcontractor
has effectively addressed the issues that lead to such
noncompliance.''.
(e) Additional Definitions.--Subsection (m) of section 2533b of
title 10, United States Code, as redesignated by subsection (c), is
further amended by adding at the end the following:
``(3) The term `acquisition' has the meaning provided in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403).
``(4) The term `required form' shall not apply to end items or
to their components at any tier. The term `required form' means in
the form of mill product, such as bar, billet, wire, slab, plate or
sheet, and in the grade appropriate for the production of--
``(A) a finished end item delivered to the Department of
Defense; or
``(B) a finished component assembled into an end item
delivered to the Department of Defense.
``(5) The term `commercially available off-the-shelf', has the
meaning provided in section 35(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 431(c)).
``(6) The term `assemblies' means items forming a portion of a
system or subsystem that can be provisioned and replaced as an
entity and which incorporates multiple, replaceable parts.
``(7) The term `commercial derivative military article' means
an item procured by the Department of Defense that is or will be
produced using the same production facilities, a common supply
chain, and the same or similar production processes that are used
for the production of articles predominantly used by the general
public or by nongovernmental entities for purposes other than
governmental purposes.
``(8) The term `subsystem' means a functional grouping of items
that combine to perform a major function within an end item, such
as electrical power, attitude control, and propulsion.
``(9) The term `end item' means the final production product
when assembled or completed, and ready for issue, delivery, or
deployment.
``(10) The term `subcontract' includes a subcontract at any
tier.''.
(f) Conforming Amendments.--Section 2533b of title 10, United
States Code, is further amended--
(1) in subsection (c)--
(A) in the heading, by striking ``Procurements'' and
inserting ``Acquisitions''; and
(B) in paragraphs (1) and (2), by striking ``Procurements''
and inserting ``Acquisitions'';
(2) in subsection (d), by striking ``procurement'' each place
it appears and inserting ``acquisition''; and
(3) in subsections (f) and (g), by striking ``procurements''
each place it appears and inserting ``acquisitions''.
(g) Implementation.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations on the implementation of this section and the amendments
made by this section, including specific guidance on how thresholds
established in subsections (h)(3), (i) and (j) of section 2533b of
title 10, United States Code, as amended by this section, should be
implemented.
(h) Revision of Domestic Nonavailability Determinations and
Rules.--No later than 180 days after the date of the enactment of this
Act, any domestic nonavailability determination under section 2533b of
title 10, United States Code, including a class deviation, or rules
made by the Department of Defense between December 6, 2006, and the
date of the enactment of this Act, shall be reviewed and amended, as
necessary, to comply with the amendments made by this section. This
requirement shall not apply to a domestic nonavailability determination
that applies to--
(1) an individual contract that was entered into before the
date of the enactment of this Act; or
(2) an individual Department of Defense program, except to the
extent that such domestic nonavailability determination applies to
contracts entered into after the date of the enactment of this Act.
(i) Transparency Requirement for Commercially Available Off-the-
Shelf Item Exception.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives, not later than December 30, 2008, a report on the use
of authority provided under subsection (h) of section 2533b of title
10, United States Code, as amended by this section. Such report shall
include, at a minimum, a description of types of items being procured
as commercially available off-the-shelf items under such subsection and
incorporated into noncommercial items. The Secretary shall submit an
update of such report to such committees not later than December 30,
2009.

SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES.

(a) Regulations Required.--Not later than 180 days after the date
of the enactment of this Act , the Secretary of Defense shall modify
the regulations of the Department of Defense for the procurement of
commercial services for or on behalf of the Department of Defense.
(b) Applicability of Commercial Procedures.--
(1) Services of a type sold in marketplace.--The regulations
modified pursuant to subsection (a) shall ensure that services that
are not offered and sold competitively in substantial quantities in
the commercial marketplace, but are of a type offered and sold
competitively in substantial quantities in the commercial
marketplace, may be treated as commercial items for purposes of
section 2306a of title 10, United States Code (relating to truth in
negotiations), only if the contracting officer determines in
writing that the offeror has submitted sufficient information to
evaluate, through price analysis, the reasonableness of the price
for such services.
(2) Information submitted.--To the extent necessary to make a
determination under paragraph (1), the contracting officer may
request the offeror to submit--
(A) prices paid for the same or similar commercial items
under comparable terms and conditions by both government and
commercial customers; and
(B) if the contracting officer determines that the
information described in subparagraph (A) is not sufficient to
determine the reasonableness of price, other relevant
information regarding the basis for price or cost, including
information on labor costs, material costs, and overhead rates.
(c) Time-and-Materials Contracts.--
(1) Commercial item acquisitions.--The regulations modified
pursuant to subsection (a) shall ensure that procedures applicable
to time-and-materials contracts and labor-hour contracts for
commercial item acquisitions may be used only for the following:
(A) Services procured for support of a commercial item, as
described in section 4(12)(E) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)(E)).
(B) Emergency repair services.
(C) Any other commercial services only to the extent that
the head of the agency concerned approves a determination in
writing by the contracting officer that--
(i) the services to be acquired are commercial services
as defined in section 4(12)(F) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)(F));
(ii) if the services to be acquired are subject to
subsection (b), the offeror of the services has submitted
sufficient information in accordance with that subsection;
(iii) such services are commonly sold to the general
public through use of time-and-materials or labor-hour
contracts; and
(iv) the use of a time-and-materials or labor-hour
contract type is in the best interest of the Government.
(2) Non-commercial item acquisitions.--Nothing in this
subsection shall be construed to preclude the use of procedures
applicable to time-and-materials contracts and labor-hour contracts
for non-commercial item acquisitions for the acquisition of any
category of services.

SEC. 806. SPECIFICATION OF AMOUNTS REQUESTED FOR PROCUREMENT OF
CONTRACT SERVICES.

(a) Specification of Amounts Requested.--The budget justification
materials submitted to Congress in support of the budget of the
Department of Defense for any fiscal year after fiscal year 2009 shall
identify clearly and separately the amounts requested in each budget
account for the procurement of contract services.
(b) Information Provided.--For each budget account, the materials
submitted shall clearly identify--
(1) the amount requested for each Department of Defense
component, installation, or activity; and
(2) the amount requested for each type of service to be
provided.
(c) Contract Services Defined.--In this section, the term
``contract services''--
(1) means services from contractors; but
(2) excludes services relating to research and development and
services relating to military construction.

SEC. 807. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES.

(a) Inventory Requirement.--Section 2330a of title 10, United
States Code, is amended--
(1) by redesignating subsection (d) as subsection (g);
(2) by striking subsection (c) and inserting the following:
``(c) Inventory.--(1) Not later than the end of the third quarter
of each fiscal year, the Secretary of Defense shall submit to Congress
an annual inventory of the activities performed during the preceding
fiscal year pursuant to contracts for services for or on behalf of the
Department of Defense. The entry for an activity on an inventory under
this subsection shall include, for the fiscal year covered by such
entry, the following:
``(A) The functions and missions performed by the contractor.
``(B) The contracting organization, the component of the
Department of Defense administering the contract, and the
organization whose requirements are being met through contractor
performance of the function.
``(C) The funding source for the contract under which the
function is performed by appropriation and operating agency.
``(D) The fiscal year for which the activity first appeared on
an inventory under this section.
``(E) The number of full-time contractor employees (or its
equivalent) paid for the performance of the activity.
``(F) A determination whether the contract pursuant to which
the activity is performed is a personal services contract.
``(G) A summary of the data required to be collected for the
activity under subsection (a).
``(2) The inventory required under this subsection shall be
submitted in unclassified form, but may include a classified annex.
``(d) Public Availability of Inventories.--Not later than 30 days
after the date on which an inventory under subsection (c) is required
to be submitted to Congress, the Secretary shall--
``(1) make the inventory available to the public; and
``(2) publish in the Federal Register a notice that the
inventory is available to the public.
``(e) Review and Planning Requirements.--Within 90 days after the
date on which an inventory is submitted under subsection (c), the
Secretary of the military department or head of the Defense Agency
responsible for activities in the inventory shall--
``(1) review the contracts and activities in the inventory for
which such Secretary or agency head is responsible;
``(2) ensure that--
``(A) each contract on the list that is a personal services
contract has been entered into, and is being performed, in
accordance with applicable statutory and regulatory
requirements;
``(B) the activities on the list do not include any
inherently governmental functions; and
``(C) to the maximum extent practicable, the activities on
the list do not include any functions closely associated with
inherently governmental functions;
``(3) identify activities that should be considered for
conversion--
``(A) to performance by civilian employees of the
Department of Defense pursuant to section 2463 of this title;
or
``(B) to an acquisition approach that would be more
advantageous to the Department of Defense; and
``(4) develop a plan to provide for appropriate consideration
of the conversion of activities identified under paragraph (3)
within a reasonable period of time.
``(f) Rule of Construction.--Nothing in this section shall be
construed to authorize the performance of personal services by a
contractor except where expressly authorized by a provision of law
other than this section.''; and
(3) by adding at the end of subsection (g) (as so redesignated)
the following new paragraphs:
``(3) Function closely associated with inherently governmental
functions.--The term `function closely associated with inherently
governmental functions' has the meaning given that term in section
2383(b)(3) of this title.
``(4) Inherently governmental functions.--The term `inherently
governmental functions' has the meaning given that term in section
2383(b)(2) of this title.
``(5) Personal services contract.--The term `personal services
contract' means a contract under which, as a result of its terms or
conditions or the manner of its administration during performance,
contractor personnel are subject to the relatively continuous
supervision and control of one or more Government officers or
employees, except that the giving of an order for a specific
article or service, with the right to reject the finished product
or result, is not the type of supervision or control that makes a
contract a personal services contract.''.
(b) Effective Date.--
(1) The amendments made by subsection (a) shall be effective
upon the date of the enactment of this Act.
(2) The first inventory required by section 2330a(c) of title
10, United States Code, as added by subsection (a), shall be
submitted not later than the end of the third quarter of fiscal
year 2008.

SEC. 808. INDEPENDENT MANAGEMENT REVIEWS OF CONTRACTS FOR SERVICES.

(a) Guidance and Instructions.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall issue
guidance, with detailed implementation instructions, for the Department
of Defense to provide for periodic independent management reviews of
contracts for services. The independent management review guidance and
instructions issued pursuant to this subsection shall be designed to
evaluate, at a minimum--
(1) contract performance in terms of cost, schedule, and
requirements;
(2) the use of contracting mechanisms, including the use of
competition, the contract structure and type, the definition of
contract requirements, cost or pricing methods, the award and
negotiation of task orders, and management and oversight
mechanisms;
(3) the contractor's use, management, and oversight of
subcontractors;
(4) the staffing of contract management and oversight
functions; and
(5) the extent of any pass-throughs, and excessive pass-through
charges (as defined in section 852 of the John Warner National
Defense Authorization Act for Fiscal Year 2007), by the contractor.
(b) Additional Subject of Review.--In addition to the matters
required by subsection (a), the guidance and instructions issued
pursuant to subsection (a) shall provide for procedures for the
periodic review of contracts under which one contractor provides
oversight for services performed by other contractors. In particular,
the procedures shall be designed to evaluate, at a minimum--
(1) the extent of the agency's reliance on the contractor to
perform acquisition functions closely associated with inherently
governmental functions as defined in section 2383(b)(3) of title
10, United States Code; and
(2) the financial interest of any prime contractor performing
acquisition functions described in paragraph (1) in any contract or
subcontract with regard to which the contractor provided advice or
recommendations to the agency.
(c) Elements.--The guidance and instructions issued pursuant to
subsection (a) shall address, at a minimum--
(1) the contracts subject to independent management reviews,
including any applicable thresholds and exceptions;
(2) the frequency with which independent management reviews
shall be conducted;
(3) the composition of teams designated to perform independent
management reviews;
(4) any phase-in requirements needed to ensure that qualified
staff are available to perform independent management reviews;
(5) procedures for tracking the implementation of
recommendations made by independent management review teams; and
(6) procedures for developing and disseminating lessons learned
from independent management reviews.
(c) Reports.--
(1) Report on guidance and instruction.--Not later than 270
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report setting forth the guidance and instructions issued pursuant
to subsection (a).
(2) GAO report on implementation.--Not later than two years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the congressional
defense committees a report on the implementation of the guidance
and instructions issued pursuant to subsection (a).

SEC. 809. IMPLEMENTATION AND ENFORCEMENT OF REQUIREMENTS APPLICABLE TO
UNDEFINITIZED CONTRACTUAL ACTIONS.

(a) Guidance and Instructions.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall issue
guidance, with detailed implementation instructions, for the Department
of Defense to ensure the implementation and enforcement of requirements
applicable to undefinitized contractual actions.
(b) Elements.--The guidance and instructions issued pursuant to
subsection (a) shall address, at a minimum--
(1) the circumstances in which it is, and is not, appropriate
for Department of Defense officials to use undefinitized
contractual actions;
(2) approval requirements (including thresholds) for the use of
undefinitized contractual actions;
(3) procedures for ensuring that timelines for the
definitization of undefinitized contractual actions are met;
(4) procedures for ensuring compliance with regulatory
limitations on the obligation of funds pursuant to undefinitized
contractual actions;
(5) procedures for ensuring compliance with regulatory
limitations on profit or fee with respect to costs incurred before
the definitization of an undefinitized contractual action; and
(6) reporting requirements for undefinitized contractual
actions that fail to meet required timelines for definitization or
fail to comply with regulatory limitations on the obligation of
funds or on profit or fee.
(c) Reports.--
(1) Report on guidance and instructions.--Not later than 210
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report setting forth the guidance and instructions issued pursuant
to subsection (a).
(2) GAO report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report on
the extent to which the guidance and instructions issued pursuant
to subsection (a) have resulted in improvements to--
(A) the level of insight that senior Department of Defense
officials have into the use of undefinitized contractual
actions;
(B) the appropriate use of undefinitized contractual
actions;
(C) the timely definitization of undefinitized contractual
actions; and
(D) the negotiation of appropriate profits and fees for
undefinitized contractual actions.

SEC. 810. CLARIFICATION OF LIMITED ACQUISITION AUTHORITY FOR SPECIAL
OPERATIONS COMMAND.

Section 167(e)(4) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (C) as subparagraph (D); and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C)(i) The staff of the commander shall include a command
acquisition executive, who shall be responsible for the overall
supervision of acquisition matters for the special operations command.
The command acquisition executive shall have the authority to--
``(I) negotiate memoranda of agreement with the military
departments to carry out the acquisition of equipment, material,
supplies, and services described in subparagraph (A) on behalf of
the command;
``(II) supervise the acquisition of equipment, material,
supplies, and services described in subparagraph (A), regardless of
whether such acquisition is carried out by the command, or by a
military department pursuant to a delegation of authority by the
command;
``(III) represent the command in discussions with the military
departments regarding acquisition programs for which the command is
a customer; and
``(IV) work with the military departments to ensure that the
command is appropriately represented in any joint working group or
integrated product team regarding acquisition programs for which
the command is a customer.
``(ii) The command acquisition executive of the special operations
command shall be included on the distribution list for acquisition
directives and instructions of the Department of Defense.''.

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

SEC. 811. REQUIREMENTS APPLICABLE TO MULTIYEAR CONTRACTS FOR THE
PROCUREMENT OF MAJOR SYSTEMS OF THE DEPARTMENT OF
DEFENSE.

(a) Additional Requirements Applicable to Multiyear Contracts.--
Section 2306b of title 10, United States Code, is amended as follows:
(1) Subsection (a) of such section is amended by adding at the
end the following new paragraph:
``(7) In the case of a contract in an amount equal to or
greater than $500,000,000, that the conditions required by
subparagraphs (C) through (F) of paragraph (1) of subsection (i)
will be met, in accordance with the Secretary's certification and
determination under such subsection, by such contract.''.
(2) Subsection (i)(1) of such section is amended by inserting
after ``unless'' the following: ``the Secretary of Defense
certifies in writing by no later than March 1 of the year in which
the Secretary requests legislative authority to enter into such
contract that''.
(3) Subsection (i)(1) of such section is further amended--
(A) by redesignating subparagraph (B) as subparagraph (G);
and
(B) by striking subparagraph (A) and inserting the
following:
``(A) The Secretary has determined that each of the
requirements in paragraphs (1) through (6) of subsection (a) will
be met by such contract and has provided the basis for such
determination to the congressional defense committees.
``(B) The Secretary's determination under subparagraph (A) was
made after the completion of a cost analysis performed by the Cost
Analysis Improvement Group of the Department of Defense and such
analysis supports the findings.
``(C) The system being acquired pursuant to such contract has
not been determined to have experienced cost growth in excess of
the critical cost growth threshold pursuant to section 2433(d) of
this title within 5 years prior to the date the Secretary
anticipates such contract (or a contract for advance procurement
entered into consistent with the authorization for such contract)
will be awarded.
``(D) A sufficient number of end items of the system being
acquired under such contract have been delivered at or within the
most current estimates of the program acquisition unit cost or
procurement unit cost for such system to determine that current
estimates of such unit costs are realistic.
``(E) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the contract
in such fiscal year, and the future-years defense program for such
fiscal year will include the funding required to execute the
program without cancellation.
``(F) The contract is a fixed price type contract.''.
(4) Subsection (i) of such section is further amended by adding
at the end the following new paragraphs:
``(5) The Secretary may make the certification under paragraph (1)
notwithstanding the fact that one or more of the conditions of such
certification are not met if the Secretary determines that, due to
exceptional circumstances, proceeding with a multiyear contract under
this section is in the best interest of the Department of Defense and
the Secretary provides the basis for such determination with the
certification.
``(6) The Secretary of Defense may not delegate the authority to
make the certification under paragraph (1) or the determination under
paragraph (5) to an official below the level of Under Secretary of
Defense for Acquisition, Technology, and Logistics.
``(7) The Secretary of Defense shall send a notification containing
the findings of the agency head under subsection (a), and the basis for
such findings, 30 days prior to the award of a multiyear contract for a
defense acquisition program that has been specifically authorized by
law.''.
(5) Such section is further amended by adding at the end the
following new subsection:
``(m) Increased Funding and Reprogramming Requests.--Any request
for increased funding for the procurement of a major system under a
multiyear contract authorized under this section shall be accompanied
by an explanation of how the request for increased funding affects the
determinations made by the Secretary under subsection (i).''.
(b) Applicability.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply with
respect to multiyear contracts for the purchase of major systems for
which legislative authority is requested on or after that date.

SEC. 812. CHANGES TO MILESTONE B CERTIFICATIONS.

Section 2366a of title 10, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Certification.--A major defense acquisition program may not
receive Milestone B approval, or Key Decision Point B approval in the
case of a space program, until the milestone decision authority--
``(1) has received a business case analysis and certifies on
the basis of the analysis that--
``(A) the program is affordable when considering the
ability of the Department of Defense to accomplish the
program's mission using alternative systems;
``(B) the program is affordable when considering the per
unit cost and the total acquisition cost in the context of the
total resources available during the period covered by the
future-years defense program submitted during the fiscal year
in which the certification is made;
``(C) reasonable cost and schedule estimates have been
developed to execute the product development and production
plan under the program; and
``(D) funding is available to execute the product
development and production plan under the program, through the
period covered by the future-years defense program submitted
during the fiscal year in which the certification is made,
consistent with the estimates described in subparagraph (C) for
the program; and
``(2) further certifies that--
``(A) appropriate market research has been conducted prior
to technology development to reduce duplication of existing
technology and products;
``(B) the Department of Defense has completed an analysis
of alternatives with respect to the program;
``(C) the Joint Requirements Oversight Council has
accomplished its duties with respect to the program pursuant to
section 181(b) of this title, including an analysis of the
operational requirements for the program;
``(D) the technology in the program has been demonstrated
in a relevant environment;
``(E) the program demonstrates a high likelihood of
accomplishing its intended mission; and
``(F) the program complies with all relevant policies,
regulations, and directives of the Department of Defense.'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Changes to Certification.--(1) The program manager for a
major defense acquisition program that has received certification under
subsection (a) shall immediately notify the milestone decision
authority of any changes to the program that--
``(A) alter the substantive basis for the certification of the
milestone decision authority relating to any component of such
certification specified in paragraph (1) or (2) of subsection (a);
or
``(B) otherwise cause the program to deviate significantly from
the material provided to the milestone decision authority in
support of such certification.
``(2) Upon receipt of information under paragraph (1), the
milestone decision authority may withdraw the certification concerned
or rescind Milestone B approval (or Key Decision Point B approval in
the case of a space program) if the milestone decision authority
determines that such certification or approval is no longer valid.'';
(4) in subsection (c), as redesignated by paragraph (1)--
(A) by inserting ``(1)'' before ``The certification''; and
(B) by adding at the end the following new paragraph (2):
``(2) A summary of any information provided to the milestone
decision authority pursuant to subsection (b) and a description of the
actions taken as a result of such information shall be submitted with
the first Selected Acquisition Report submitted under section 2432 of
this title after receipt of such information by the milestone decision
authority.'';
(5) in subsection (d), as so redesignated--
(A) by striking ``authority may waive'' and inserting the
following: ``authority may, at the time of Milestone B approval
(or Key Decision Point B approval in the case of a space
program) or at the time that such milestone decision authority
withdraws a certification or rescinds Milestone B approval (or
Key Decision Point B approval in the case of a space program)
pursuant to subsection (b)(2), waive''; and
(B) by striking ``paragraph (1), (2), (3), (4), (5), (6),
(7), (8), or (9)'' and inserting ``paragraph (1) or (2)''; and
(6) in subsection (e), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (d)''.

SEC. 813. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
ORGANIZATION AND STRUCTURE FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.

(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report on
potential modifications of the organization and structure of the
Department of Defense for major defense acquisition programs.
(b) Elements.--The report required by subsection (a) shall include
the results of a review, conducted by the Comptroller General for
purposes of the report, regarding the feasibility and advisability of,
at a minimum, the following:
(1) Revising the acquisition process for major defense
acquisition programs by establishing shorter, more frequent
acquisition program milestones.
(2) Requiring certifications of program status to the defense
acquisition executive and Congress prior to milestone approval for
major defense acquisition programs.
(3) Establishing a new office (to be known as the ``Office of
Independent Assessment'') to provide independent cost estimates and
performance estimates for major defense acquisition programs.
(4) Requiring the milestone decision authority for a major
defense acquisition program to specify, at the time of Milestone B
approval, or Key Decision Point B approval, as applicable, the
period of time that will be required to deliver an initial
operational capability to the relevant combatant commanders.
(5) Establishing a materiel solutions process for addressing
identified gaps in critical warfighting capabilities, under which
process the Under Secretary of Defense for Acquisition, Technology,
and Logistics circulates among the military departments and
appropriate Defense Agencies a request for proposals for
technologies and systems to address such gaps.
(6) Modifying the role played by chiefs of staff of the Armed
Forces in the requirements, resource allocation, and acquisition
processes.
(7) Establishing a process in which the commanders of combatant
commands assess, and provide input on, the capabilities needed to
successfully accomplish the missions in the operational and
contingency plans of their commands over a long-term planning
horizon of 15 years or more, taking into account expected changes
in threats, the geo-political environment, and doctrine, training,
and operational concepts.
(c) Consultation.--In conducting the review required under
subsection (b) for the report required by subsection (a), the
Comptroller General shall obtain the views of the following:
(1) Senior acquisition officials currently serving in the
Department of Defense.
(2) Senior military officers involved in setting requirements
for the joint staff, the Armed Forces, and the combatant commands
currently serving in the Department of Defense.
(3) Individuals who formerly served as senior acquisition
officials in the Department of Defense.
(4) Participants in previous reviews of the organization and
structure of the Department of Defense for the acquisition of major
weapon systems, including the President's Blue Ribbon Commission on
Defense Management in 1986.
(5) Other experts on the acquisition of major weapon systems.
(6) Appropriate experts in the Government Accountability
Office.

SEC. 814. CLARIFICATION OF SUBMISSION OF COST OR PRICING DATA ON
NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS.

(a) Measurement of Percentage at Contract Award.--Section
2306a(b)(3)(A) of title 10, United States Code, is amended by inserting
after ``total price of the contract'' the following: ``(at the time of
contract award)''.
(b) Harmonization of Thresholds for Cost or Pricing Data.--Section
2306a(b)(3)(A) of title 10, United States Code, is amended by striking
``$500,000'' and inserting ``the amount specified in subsection
(a)(1)(A)(i), as adjusted from time to time under subsection (a)(7),''.

SEC. 815. CLARIFICATION OF RULES REGARDING THE PROCUREMENT OF
COMMERCIAL ITEMS.

(a) Treatment of Subsystems, Components, and Spare Parts as
Commercial Items.--
(1) In general.--Section 2379 of title 10, United States Code,
is amended--
(A) in subsection (a)--
(i) by redesignating paragraph (2) as paragraph (3);
(ii) in paragraph (1)(B), by striking ``and'' at the
end; and
(iii) by inserting after paragraph (1), the following:
``(2) the offeror has submitted sufficient information to
evaluate, through price analysis, the reasonableness of the price
for such system; and'';
(B) by striking subsection (b) and inserting the following
new subsection (b):
``(b) Treatment of Subsystems as Commercial Items.--A subsystem of
a major weapon system (other than a commercially available off-the-
shelf item as defined in section 35(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 431(c))) shall be treated as a
commercial item and purchased under procedures established for the
procurement of commercial items only if--
``(1) the subsystem is intended for a major weapon system that
is being purchased, or has been purchased, under procedures
established for the procurement of commercial items in accordance
with the requirements of subsection (a); or
``(2) the contracting officer determines in writing that--
``(A) the subsystem is a commercial item, as defined in
section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)); and
``(B) the offeror has submitted sufficient information to
evaluate, through price analysis, the reasonableness of the
price for such subsystem.'';
(C) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(D) by inserting after subsection (b) the following new
subsections (c) and (d):
``(c) Treatment of Components and Spare Parts as Commercial
Items.--(1) A component or spare part for a major weapon system (other
than a commercially available off-the-shelf item as defined in section
35(c) of the Office of Federal Procurement Policy Act (41 U.S.C.
431(c))) may be treated as a commercial item for the purposes of
section 2306a of this title only if--
``(A) the component or spare part is intended for--
``(i) a major weapon system that is being purchased, or has
been purchased, under procedures established for the
procurement of commercial items in accordance with the
requirements of subsection (a); or
``(ii) a subsystem of a major weapon system that is being
purchased, or has been purchased, under procedures established
for the procurement of commercial items in accordance with the
requirements of subsection (b); or
``(B) the contracting officer determines in writing that--
``(i) the component or spare part is a commercial item, as
defined in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)); and
``(ii) the offeror has submitted sufficient information to
evaluate, through price analysis, the reasonableness of the
price for such component or spare part.
``(2) This subsection shall apply only to components and spare
parts that are acquired by the Department of Defense through a prime
contract or a modification to a prime contract (or through a
subcontract under a prime contract or modification to a prime contract
on which the prime contractor adds no, or negligible, value).
``(d) Information Submitted.--To the extent necessary to make a
determination under subsection (a)(2), (b)(2), or (c)(1)(B), the
contracting officer may request the offeror to submit--
``(1) prices paid for the same or similar commercial items
under comparable terms and conditions by both government and
commercial customers; and
``(2) if the contracting officer determines that the
information described in paragraph (1) is not sufficient to
determine the reasonableness of price, other relevant information
regarding the basis for price or cost, including information on
labor costs, material costs, and overhead rates.''.
(2) Conforming amendment to technical data provision.--Section
2321(f)(2) of such title is amended by striking ``(whether or not
under a contract for commercial items)'' and inserting ``(other
than technical data for a commercially available off-the-shelf item
as defined in section 35(c) of the Office of Federal Procurement
Policy Act (41 U.S.C. 431(c)))''.
(b) Sales of Commercial Items to Nongovernmental Entities.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall modify the regulations of the Department of
Defense on the procurement of commercial items in order to clarify that
the terms ``general public'' and ``nongovernmental entities'' in such
regulations do not include the Federal Government or a State, local, or
foreign government.

SEC. 816. REVIEW OF SYSTEMIC DEFICIENCIES ON MAJOR DEFENSE ACQUISITION
PROGRAMS.

(a) Annual Review.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall conduct an annual review of systemic
deficiencies in the major defense acquisition programs of the
Department of Defense for each fiscal year in which three or more major
defense acquisition programs--
(1) experience a critical cost growth threshold breach;
(2) have a section 2366a certification withdrawn; or
(3) have a Milestone A approval or Key Decision Point A
approval rescinded, by the milestone decision authority under
subsection (b) of section 2366b of title 10, United States Code, as
added by section 943 of this Act.
(b) Content of Review.--The review conducted under subsection (a)
shall--
(1) identify common factors, including any systemic
deficiencies in the budget, requirements, and acquisition policies
and practices, that may have contributed to problems with major
defense acquisition programs covered by the criteria in subsection
(a);
(2) assess the adequacy of corrective actions taken or to be
taken to address cost growth or other performance deficiencies in
programs covered by the criteria in subsection (a); and
(3) make recommendations for any changes in budget,
requirements, and acquisition policies and practices that may be
appropriate to avoid similar problems with major defense
acquisition programs in the future.
(c) Definitions.--In this section:
(1) Critical cost growth threshold breach.--The term ``critical
cost growth threshold breach'' means a determination under section
2433(d) of title 10, United States Code, by the Secretary of a
military department with respect to a major defense acquisition
program that the program acquisition unit cost has increased by a
percentage equal to or greater than the critical cost growth
threshold or that the procurement unit cost has increased by a
percentage equal to or greater than the critical cost growth
threshold.
(2) Section 2366a certification.--The term ``section 2366a
certification'' means a certification with respect to a major
defense acquisition program under section 2366a(a) of title 10,
United States Code, by the milestone decision authority.
(d) Report.--Not later than July 15, 2008, and not later than
August 15 of each year from 2009 through 2012, the Secretary of Defense
shall submit to the congressional defense committees a report on the
results of the annual review conducted (if any) for the preceding
fiscal year under subsection (a).
(e) Sunset.--The requirement to conduct an annual review under
subsection (a) shall terminate on September 30, 2012.

SEC. 817. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) Report Required.--Not later than May 1, 2008, the Secretary of
Defense shall submit to the congressional defense committees a report
on the strategies of the Department of Defense for balancing the
allocation of funds and other resources among major defense acquisition
programs.
(b) Elements.--The report required by subsection (a) shall address,
at a minimum, the ability of the organizations, policies, and
procedures of the Department of Defense to provide for--
(1) establishing priorities among needed capabilities under
major defense acquisition programs, and assessing the resources
(including funds, technologies, time, and personnel) needed to
achieve such capabilities;
(2) balancing the cost, schedule, and requirements of major
defense acquisition programs, including those within the same
functional or mission area, to ensure the most efficient use of
resources; and
(3) ensuring that the budget, requirements, and acquisition
processes of the Department of Defense work in a complementary
manner to achieve desired results.
(c) Role of Tri-Chair Committee in Resource Allocation.--
(1) In general.--The report required by subsection (a) shall
also address the role of the committee described in paragraph (2)
in the resource allocation process for major defense acquisition
programs.
(2) Committee.--The committee described in this paragraph is a
committee (to be known as the ``Tri-Chair Committee'') composed of
the following:
(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who is one of the chairs of the
committee.
(B) The Vice Chairman of the Joint Chiefs of Staff, who is
one of the chairs of the committee.
(C) The Director of Program Analysis and Evaluation, who is
one of the chairs of the committee.
(D) Any other appropriate officials of the Department of
Defense, as jointly agreed upon by the Under Secretary and the
Vice Chairman.
(d) Changes in Law.--The report required by subsection (a) shall,
to the maximum extent practicable, include a discussion of any changes
in the budget, acquisition, and requirements processes of the
Department of Defense undertaken as a result of changes in law pursuant
to any section in this Act.
(e) Recommendations.--The report required by subsection (a) shall
include any recommendations, including recommendations for legislative
action, that the Secretary considers appropriate to improve the
organizations, policies, and procedures described in the report.

SEC. 818. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS ON TOTAL
OWNERSHIP COST FOR MAJOR WEAPON SYSTEMS.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the extent of the
implementation of the recommendations set forth in the February 2003
report of the Government Accountability Office entitled ``Setting
Requirements Differently Could Reduce Weapon Systems' Total Ownership
Costs''.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) For each recommendation described in subsection (a) that
has been implemented, or that the Secretary plans to implement--
(A) a summary of all actions that have been taken to
implement such recommendation; and
(B) a schedule, with specific milestones, for completing
the implementation of such recommendation.
(2) For each recommendation that the Secretary has not
implemented and does not plan to implement--
(A) the reasons for the decision not to implement such
recommendation; and
(B) a summary of any alternative actions the Secretary
plans to take to address the purposes underlying such
recommendation.
(3) A summary of any additional actions the Secretary has taken
or plans to take to ensure that total ownership cost is
appropriately considered in the requirements process for major
weapon systems.

Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations

SEC. 821. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE CONTRACT CLAUSES ON
COMMERCIAL CONTRACTS.

(a) Plan.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall develop and implement a plan to
minimize the number of government-unique contract clauses used in
commercial contracts by restricting the clauses to the following:
(1) Government-unique clauses authorized by law or regulation.
(2) Any additional clauses that are relevant and necessary to a
specific contract.
(b) Commercial Contract.--In this section:
(1) The term ``commercial contract'' means a contract awarded
by the Federal Government for the procurement of a commercial item.
(2) The term ``commercial item'' has the meaning provided by
section 4(12) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)).

SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

(a) Extension.--Section 4202(e) of the Clinger-Cohen Act of 1996
(division D of Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note)
is amended by striking ``January 1, 2008'' and inserting ``January 1,
2010''.
(b) Report.--Not later than March 1, 2008, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the use by the Department of Defense of the
authority provided by section 4202(e) of the Clinger-Cohen Act of 1996
(10 U.S.C. 2304 note). The report shall include, at a minimum, the
following:
(1) Summary data on the use of the authority.
(2) Specific examples of the use of the authority.
(3) An evaluation of potential benefits and costs of extending
the authority after January 1, 2010.

SEC. 823. FIVE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.

Section 845(i) of the National Defense Authorization Act for Fiscal
Year 1994 (10 U.S.C. 2371 note) is amended by striking ``September 30,
2008'' and inserting ``September 30, 2013''.

SEC. 824. EXEMPTION OF SPECIAL OPERATIONS COMMAND FROM CERTAIN
REQUIREMENTS FOR CERTAIN CONTRACTS RELATING TO VESSELS,
AIRCRAFT, AND COMBAT VEHICLES.

Section 2401(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) In the case of a contract described in subsection (a)(1)(B),
the commander of the special operations command may make a contract
without regard to this subsection if--
``(A) funds are available and obligated for the full cost of
the contract (including termination costs) on or before the date
the contract is awarded;
``(B) the Secretary of Defense submits to the congressional
defense committees a certification that there is no alternative for
meeting urgent operational requirements other than making the
contract; and
``(C) a period of 30 days of continuous session of Congress has
expired following the date on which the certification was received
by such committees.''.

SEC. 825. PROVISION OF AUTHORITY TO MAINTAIN EQUIPMENT TO UNIFIED
COMBATANT COMMAND FOR JOINT WARFIGHTING.

(a) Authority.--Section 167a of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``and acquire'' and
inserting ``, acquire, and maintain'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection:
``(f) Limitation on Authority To Maintain Equipment.--The authority
delegated under subsection (a) to maintain equipment is subject to the
availability of funds authorized and appropriated specifically for that
purpose.''.
(b) Two-Year Extension.--Subsection (g) of such section, as so
redesignated, is amended--
(1) by striking ``through 2008'' and inserting ``through
2010''; and
(2) by striking ``September 30, 2008'' and inserting
``September 30, 2010''.

SEC. 826. MARKET RESEARCH.

(a) Additional Requirements.--Subsection (c) of section 2377 of
title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) before awarding a task order or delivery order in
excess of the simplified acquisition threshold.''; and
(2) by adding at the end the following:
``(4) The head of an agency shall take appropriate steps to ensure
that any prime contractor of a contract (or task order or delivery
order) in an amount in excess of $5,000,000 for the procurement of
items other than commercial items engages in such market research as
may be necessary to carry out the requirements of subsection (b)(2)
before making purchases for or on behalf of the Department of
Defense.''.
(b) Requirement To Develop Training and Tools.--The Secretary of
Defense shall develop training to assist contracting officers, and
market research tools to assist such officers and prime contractors, in
performing appropriate market research as required by subsection (c) of
section 2377 of title 10, United States Code, as amended by this
section.

SEC. 827. MODIFICATION OF COMPETITION REQUIREMENTS FOR PURCHASES FROM
FEDERAL PRISON INDUSTRIES.

(a) Modification of Competition Requirements.--
(1) In general.--Section 2410n of title 10, United States Code,
is amended by striking subsections (a) and (b) and inserting the
following new subsections (a) and (b):
``(a) Products for Which Federal Prison Industries Does Not Have
Significant Market Share.--(1) Before purchasing a product listed in
the latest edition of the Federal Prison Industries catalog under
section 4124(d) of title 18 for which Federal Prison Industries does
not have a significant market share, the Secretary of Defense shall
conduct market research to determine whether the product is comparable
to products available from the private sector that best meet the needs
of the Department in terms of price, quality, and time of delivery.
``(2) If the Secretary determines that a Federal Prison Industries
product described in paragraph (1) is not comparable in price, quality,
or time of delivery to products of the private sector that best meets
the needs of the Department in terms of price, quality, and time of
delivery, the Secretary shall use competitive procedures for the
procurement of the product, or shall make an individual purchase under
a multiple award contract in accordance with the competition
requirements applicable to such contract. In conducting such a
competition, the Secretary shall consider a timely offer from Federal
Prison Industries.
``(b) Products for Which Federal Prison Industries Has Significant
Market Share.--(1) The Secretary of Defense may purchase a product
listed in the latest edition of the Federal Prison Industries catalog
for which Federal Prison Industries has a significant market share only
if the Secretary uses competitive procedures for the procurement of the
product or makes an individual purchase under a multiple award contract
in accordance with the competition requirements applicable to such
contract. In conducting such a competition, the Secretary shall
consider a timely offer from Federal Prison Industries.
``(2) For purposes of this subsection, Federal Prison Industries
shall be treated as having a significant share of the market for a
product if the Secretary, in consultation with the Administrator of
Federal Procurement Policy, determines that the Federal Prison
Industries share of the Department of Defense market for the category
of products including such product is greater than 5 percent.''.
(2) Effective date.--The amendment made by subsection (a) shall
take effect 60 days after the date of the enactment of this Act.
(b) List of Products for Which Federal Prison Industries Has
Significant Market Share.--
(1) Initial list.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall publish a
list of product categories for which Federal Prison Industries'
share of the Department of Defense market is greater than 5
percent, based on the most recent fiscal year for which data is
available.
(2) Modification.--The Secretary may modify the list published
under paragraph (1) at any time if the Secretary determines that
new data require adding a product category to the list or omitting
a product category from the list.
(3) Consultation.--The Secretary shall carry out this
subsection in consultation with the Administrator for Federal
Procurement Policy.

SEC. 828. MULTIYEAR CONTRACT AUTHORITY FOR ELECTRICITY FROM RENEWABLE
ENERGY SOURCES.

(a) Multiyear Contract Authority.--Chapter 141 of title 10, United
States Code, is amended by adding at the end the following new section:

``Sec. 2410q. Multiyear contracts: purchase of electricity from
renewable energy sources

``(a) Multiyear Contracts Authorized.--Subject to subsection (b),
the Secretary of Defense may enter into a contract for a period not to
exceed 10 years for the purchase of electricity from sources of
renewable energy, as that term is defined in section 203(b)(2) of the
Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)).
``(b) Limitations on Contracts for Periods in Excess of Five
Years.--The Secretary may exercise the authority in subsection (a) to
enter into a contract for a period in excess of five years only if the
Secretary determines, on the basis of a business case analysis prepared
by the Department of Defense, that--
``(1) the proposed purchase of electricity under such contract
is cost effective for the Department of Defense; and
``(2) it would not be possible to purchase electricity from the
source in an economical manner without the use of a contract for a
period in excess of five years.
``(c) Relationship to Other Multiyear Contracting Authority.--
Nothing in this section shall be construed to preclude the Department
of Defense from using other multiyear contracting authority of the
Department to purchase renewable energy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 141 of such title is amended by adding at the end the following
new item:

``2410q. Multiyear contracts: purchase of electricity from renewable
energy sources.''.

SEC. 829. PROCUREMENT OF FIRE RESISTANT RAYON FIBER FOR THE PRODUCTION
OF UNIFORMS FROM FOREIGN SOURCES.

(a) Authority To Procure.--The Secretary of Defense may procure
fire resistant rayon fiber for the production of uniforms that is
manufactured in a foreign country referred to in subsection (d) if the
Secretary determines either of the following:
(1) That fire resistant rayon fiber for the production of
uniforms is not available from sources within the national
technology and industrial base.
(2) That--
(A) procuring fire resistant rayon fiber manufactured from
suppliers within the national technology and industrial base
would result in sole-source contracts or subcontracts for the
supply of fire resistant rayon fiber; and
(B) such sole-source contracts or subcontracts would not be
in the best interests of the Government or consistent with the
objectives of section 2304 of title 10, United States Code.
(b) Submission to Congress.--Not later than 30 days after making a
determination under subsection (a), the Secretary shall submit to
Congress a copy of the determination.
(c) Applicability to Subcontracts.--The authority under subsection
(a) applies with respect to subcontracts under Department of Defense
contracts as well as to such contracts.
(d) Foreign Countries Covered.--The authority under subsection (a)
applies with respect to a foreign country that--
(1) is a party to a defense memorandum of understanding entered
into under section 2531 of title 10, United States Code; and
(2) does not discriminate against defense items produced in the
United States to a greater degree than the United States
discriminates against defense items produced in that country.
(e) National Technology and Industrial Base Defined.--In this
section, the term ``national technology and industrial base'' has the
meaning given that term in section 2500 of title 10, United States
Code.
(f) Sunset.--The authority under subsection (a) shall expire on the
date that is five years after the date of the enactment of this Act.

SEC. 830. COMPTROLLER GENERAL REVIEW OF NONCOMPETITIVE AWARDS OF
CONGRESSIONAL AND EXECUTIVE BRANCH INTEREST ITEMS.

Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
congressional defense committees a report on the use of procedures
other than competitive procedures in the award of contracts by the
Department of Defense. The report shall compare the procedures used by
the Department of Defense for the award of funds for new projects
pursuant to congressionally directed spending items, as defined in rule
XLIV of the Standing Rules of the Senate, or congressional earmarks, as
defined in rule XXI of the Rules of the House of Representatives, with
the procedures used by the Department of Defense for the award of funds
for new projects of special interest to senior executive branch
officials.

Subtitle D--Accountability in Contracting

SEC. 841. COMMISSION ON WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN.

(a) Establishment.--There is hereby established a commission to be
known as the ``Commission on Wartime Contracting'' (in this section
referred to as the ``Commission'').
(b) Membership Matters.--
(1) Membership.--The Commission shall be composed of 8 members,
as follows:
(A) 2 members shall be appointed by the majority leader of
the Senate, in consultation with the Chairmen of the Committee
on Armed Services, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Foreign Relations of
the Senate.
(B) 2 members shall be appointed by the Speaker of the
House of Representatives, in consultation with the Chairmen of
the Committee on Armed Services, the Committee on Oversight and
Government Reform, and the Committee on Foreign Affairs of the
House of Representatives.
(C) 1 member shall be appointed by the minority leader of
the Senate, in consultation with the Ranking Minority Members
of the Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on Foreign
Relations of the Senate.
(D) 1 member shall be appointed by the minority leader of
the House of Representatives, in consultation with the Ranking
Minority Member of the Committee on Armed Services, the
Committee on Oversight and Government Reform, and the Committee
on Foreign Affairs of the House of Representatives.
(E) 2 members shall be appointed by the President, in
consultation with the Secretary of Defense and the Secretary of
State.
(2) Deadline for appointments.--All appointments to the
Commission shall be made not later than 120 days after the date of
the enactment of this Act.
(3) Co-chairmen.--The Commission shall have two co-chairmen,
including--
(A) a co-chairman who shall be a member of the Commission
jointly designated by the Speaker of the House of
Representatives and the majority leader of the Senate; and
(B) a co-chairman who shall be a member of the Commission
jointly designated by the minority leader of the House of
Representatives and the minority leader of the Senate.
(4) Vacancy.--In the event of a vacancy in a seat on the
Commission, the individual appointed to fill the vacant seat shall
be--
(A) appointed by the same officer (or the officer's
successor) who made the appointment to the seat when the
Commission was first established; and
(B) if the officer in subparagraph (A) is of a party other
than the party of the officer who made the appointment to the
seat when the Commission was first established, chosen in
consultation with the senior officers in the Senate and the
House of Representatives of the party which is the party of the
officer who made the appointment to the seat when the
Commission was first established.
(c) Duties.--
(1) General duties.--The Commission shall study the following
matters:
(A) Federal agency contracting for the reconstruction of
Iraq and Afghanistan.
(B) Federal agency contracting for the logistical support
of coalition forces operating in Iraq and Afghanistan.
(C) Federal agency contracting for the performance of
security functions in Iraq and Afghanistan.
(2) Scope of contracting covered.--The Federal agency
contracting covered by this subsection includes contracts entered
into both in the United States and abroad for the performance of
activities described in paragraph (1).
(3) Particular duties.--In carrying out the study under this
subsection, the Commission shall assess--
(A) the extent of the reliance of the Federal Government on
contractors to perform functions (including security functions)
in Iraq and Afghanistan and the impact of this reliance on the
achievement of the objectives of the United States;
(B) the performance exhibited by Federal contractors for
the contracts under review pursuant to paragraph (1), and the
mechanisms used to evaluate contractor performance;
(C) the extent of waste, fraud, and abuse under such
contracts;
(D) the extent to which those responsible for such waste,
fraud, and abuse have been held financially or legally
accountable;
(E) the appropriateness of the organizational structure,
policies, practices, and resources of the Department of Defense
and the Department of State for handling program management and
contracting for the programs and contracts under review
pursuant to paragraph (1);
(F) the extent to which contractors under such contracts
have engaged in the misuse of force or have used force in a
manner inconsistent with the objectives of the operational
field commander; and
(G) the extent of potential violations of the laws of war,
Federal law, or other applicable legal standards by contractors
under such contracts.
(d) Reports.--
(1) Interim report.--On March 1, 2009, the Commission shall
submit to Congress an interim report on the study carried out under
subsection (c), including the results and findings of the study as
of that date.
(2) Other reports.--The Commission may from time to time submit
to Congress such other reports on the study carried out under
subsection (c) as the Commission considers appropriate.
(3) Final report.--Not later than two years after the date of
the appointment of all of the members of the Commission under
subsection (b), the Commission shall submit to Congress a final
report on the study carried out under subsection (c). The report
shall--
(A) include the findings of the Commission;
(B) identify lessons learned relating to contingency
program management and contingency contracting covered by the
study; and
(C) include specific recommendations for improvements to be
made in--
(i) the process for defining requirements and
developing statements of work for contracts in contingency
contracting;
(ii) the process for awarding contracts and task or
delivery orders in contingency contracting;
(iii) the process for contingency program management;
(iv) the process for identifying, addressing, and
providing accountability for waste, fraud, and abuse in
contingency contracting;
(v) the process for determining which functions are
inherently governmental and which functions are appropriate
for performance by contractors in a contingency operation
(including during combat operations), especially whether
providing security in an area of combat operations is
inherently governmental;
(vi) the organizational structure, resources, policies,
and practices of the Department of Defense and the
Department of State for performing contingency program
management; and
(vii) the process by which roles and responsibilities
with respect to management and oversight of contracts in
contingency contracting are distributed among the various
departments and agencies of the Federal Government, and
interagency coordination and communication mechanisms
associated with contingency contracting.
(e) Other Powers and Authorities.--
(1) Hearings and evidence.--The Commission or, on the authority
of the Commission, any portion thereof, may, for the purpose of
carrying out this section--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths (provided that the quorum for a hearing shall be
three members of the Commission); and
(B) provide for the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents;
as the Commission, or such portion thereof, may determine
advisable.
(2) Inability to obtain documents or testimony.--In the event
the Commission is unable to obtain testimony or documents needed to
conduct its work, the Commission shall notify the committees of
Congress of jurisdiction and appropriate investigative authorities.
(3) Access to information.--The Commission may secure directly
from the Department of Defense and any other department or agency
of the Federal Government any information or assistance that the
Commission considers necessary to enable the Commission to carry
out the requirements of this section. Upon request of the
Commission, the head of such department or agency shall furnish
such information expeditiously to the Commission. Whenever
information or assistance requested by the Commission is
unreasonably refused or not provided, the Commission shall report
the circumstances to Congress without delay.
(4) Personnel.--The Commission shall have the authorities
provided in section 3161 of title 5, United States Code, and shall
be subject to the conditions set forth in such section, except to
the extent that such conditions would be inconsistent with the
requirements of this section.
(5) Detailees.--Any employee of the Federal Government may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status, and
privileges of his or her regular employment without interruption.
(6) Security clearances.--The appropriate departments or
agencies of the Federal Government shall cooperate with the
Commission in expeditiously providing to the Commission members and
staff appropriate security clearances to the extent possible
pursuant to existing procedures and requirements, except that no
person shall be provided with access to classified information
under this section without the appropriate security clearances.
(7) Violations of law.--
(A) Referral to attorney general.--The Commission may refer
to the Attorney General any violation or potential violation of
law identified by the Commission in carrying out its duties
under this section.
(B) Reports on results of referral.--The Attorney General
shall submit to Congress a report on each prosecution,
conviction, resolution, or other disposition that results from
a referral made under this subparagraph.
(f) Termination.--The Commission shall terminate on the date that
is 60 days after the date of the submittal of its final report under
subsection (d)(3).
(g) Definitions.--In this section:
(1) Contingency contracting.--The term ``contingency
contracting'' means all stages of the process of acquiring property
or services during a contingency operation.
(2) Contingency operation.--The term ``contingency operation''
has the meaning given that term in section 101 of title 10, United
States Code.
(3) Contingency program management.--The term ``contingency
program management'' means the process of planning, organizing,
staffing, controlling, and leading the combined efforts of
participating personnel for the management of a specific
acquisition program or programs during contingency operations.

SEC. 842. INVESTIGATION OF WASTE, FRAUD, AND ABUSE IN WARTIME CONTRACTS
AND CONTRACTING PROCESSES IN IRAQ AND AFGHANISTAN.

(a) Audits Required.--Thorough audits shall be performed in
accordance with this section to identify potential waste, fraud, and
abuse in the performance of--
(1) Department of Defense contracts, subcontracts, and task and
delivery orders for the logistical support of coalition forces in
Iraq and Afghanistan; and
(2) Federal agency contracts, subcontracts, and task and
delivery orders for the performance of security and reconstruction
functions in Iraq and Afghanistan.
(b) Audit Plans.--
(1) The Department of Defense Inspector General shall develop a
comprehensive plan for a series of audits of contracts,
subcontracts, and task and delivery orders covered by subsection
(a)(1), consistent with the requirements of subsection (g), in
consultation with other Inspectors General specified in subsection
(c) with regard to any contracts, subcontracts, or task or delivery
orders over which such Inspectors General have jurisdiction.
(2) The Special Inspector General for Iraq Reconstruction shall
develop a comprehensive plan for a series of audits of contracts,
subcontracts, and task and delivery orders covered by subsection
(a)(2) relating to Iraq, consistent with the requirements of
subsection (h), in consultation with other Inspectors General
specified in subsection (c) with regard to any contracts,
subcontracts, or task or delivery orders over which such Inspectors
General have jurisdiction.
(3) The Special Inspector General for Afghanistan
Reconstruction shall develop a comprehensive plan for a series of
audits of contracts, subcontracts, and task and delivery orders
covered by subsection (a)(2) relating to Afghanistan, consistent
with the requirements of subsection (h), in consultation with other
Inspectors General specified in subsection (c) with regard to any
contracts, subcontracts, or task or delivery orders over which such
Inspectors General have jurisdiction.
(c) Performance of Audits by Certain Inspectors General.--The
Special Inspector General for Iraq Reconstruction, during such period
as such office exists, the Special Inspector General for Afghanistan
Reconstruction, during such period as such office exists, the Inspector
General of the Department of Defense, the Inspector General of the
Department of State, and the Inspector General of the United States
Agency for International Development shall perform such audits as
required by subsection (a) and identified in the audit plans developed
pursuant to subsection (b) as fall within the respective scope of their
duties as specified in law.
(d) Coordination of Audits.--The Inspectors General specified in
subsection (c) shall work to coordinate the performance of the audits
required by subsection (a) and identified in the audit plans developed
under subsection (b) including through councils and working groups
composed of such Inspectors General.
(e) Joint Audits.--If one or more audits required by subsection (a)
and identified in an audit plan developed under subsection (b) falls
within the scope of the duties of more than one of the Inspectors
General specified in subsection (c), and such Inspectors General agree
that such audit or audits are best pursued jointly, such Inspectors
General shall enter into a memorandum of understanding relating to the
performance of such audit or audits.
(f) Separate Audits.--If one or more audits required by subsection
(a) and identified in an audit plan developed under subsection (b)
falls within the scope of the duties of more than one of the Inspectors
General specified in subsection (c), and such Inspectors General do not
agree that such audit or audits are best pursued jointly, such audit or
audits shall be separately performed by one or more of the Inspectors
General concerned.
(g) Scope of Audits of Contracts.--Audits conducted pursuant to
subsection (a)(1) shall examine, at a minimum, one or more of the
following issues:
(1) The manner in which contract requirements were developed.
(2) The procedures under which contracts or task or delivery
orders were awarded.
(3) The terms and conditions of contracts or task or delivery
orders.
(4) The staffing and method of performance of contractors,
including cost controls.
(5) The efficacy of Department of Defense management and
oversight, including the adequacy of staffing and training of
officials responsible for such management and oversight.
(6) The flow of information from contractors to officials
responsible for contract management and oversight.
(h) Scope of Audits of Other Contracts.--Audits conducted pursuant
to subsection (a)(2) shall examine, at a minimum, one or more of the
following issues:
(1) The manner in which contract requirements were developed
and contracts or task and delivery orders were awarded.
(2) The manner in which the Federal agency exercised control
over the performance of contractors.
(3) The extent to which operational field commanders were able
to coordinate or direct the performance of contractors in an area
of combat operations.
(4) The degree to which contractor employees were properly
screened, selected, trained, and equipped for the functions to be
performed.
(5) The nature and extent of any incidents of misconduct or
unlawful activity by contractor employees.
(6) The nature and extent of any activity by contractor
employees that was inconsistent with the objectives of operational
field commanders.
(7) The extent to which any incidents of misconduct or unlawful
activity were reported, documented, investigated, and (where
appropriate) prosecuted.
(i) Independent Conduct of Audit Functions.--All audit functions
under this section, including audit planning and coordination, shall be
performed by the relevant Inspectors General in an independent manner,
without consultation with the Commission established pursuant to
section 841 of this Act. All audit reports resulting from such audits
shall be available to the Commission.

SEC. 843. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND DELIVERY ORDER
CONTRACTS.

(a) Defense Contracts.--
(1) Limitation on single award contracts.--Section 2304a(d) of
title 10, United States Code, is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) No task or delivery order contract in an amount estimated
to exceed $100,000,000 (including all options) may be awarded to a
single source unless the head of the agency determines in writing
that--
``(i) the task or delivery orders expected under the contract
are so integrally related that only a single source can reasonably
perform the work;
``(ii) the contract provides only for firm, fixed price task
orders or delivery orders for--
``(I) products for which unit prices are established in the
contract; or
``(II) services for which prices are established in the
contract for the specific tasks to be performed;
``(iii) only one source is qualified and capable of performing
the work at a reasonable price to the government; or
``(iv) because of exceptional circumstances, it is necessary in
the public interest to award the contract to a single source.
``(B) The head of the agency shall notify Congress within 30 days
after any determination under subparagraph (A)(iv).''.
(2) Enhanced competition for orders in excess of $5,000,000.--
Section 2304c of such title is amended--
(A) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Enhanced Competition for Orders in Excess of $5,000,000.--In
the case of a task or delivery order in excess of $5,000,000, the
requirement to provide all contractors a fair opportunity to be
considered under subsection (b) is not met unless all such contractors
are provided, at a minimum--
``(1) a notice of the task or delivery order that includes a
clear statement of the agency's requirements;
``(2) a reasonable period of time to provide a proposal in
response to the notice;
``(3) disclosure of the significant factors and subfactors,
including cost or price, that the agency expects to consider in
evaluating such proposals, and their relative importance;
``(4) in the case of an award that is to be made on a best
value basis, a written statement documenting the basis for the
award and the relative importance of quality and price or cost
factors; and
``(5) an opportunity for a post-award debriefing consistent
with the requirements of section 2305(b)(5) of this title.''; and
(C) by striking subsection (e), as redesignated by
paragraph (1), and inserting the following new subsection (e):
``(e) Protests.--(1) A protest is not authorized in connection with
the issuance or proposed issuance of a task or delivery order except
for--
``(A) a protest on the ground that the order increases the
scope, period, or maximum value of the contract under which the
order is issued; or
``(B) a protest of an order valued in excess of $10,000,000.
``(2) Notwithstanding section 3556 of title 31, the Comptroller
General of the United States shall have exclusive jurisdiction of a
protest authorized under paragraph (1)(B).
``(3) This subsection shall be in effect for three years, beginning
on the date that is 120 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2008.''.
(3) Effective dates.--
(A) Single award contracts.--The amendments made by
paragraph (1) shall take effect on the date that is 120 days
after the date of the enactment of this Act, and shall apply
with respect to any contract awarded on or after such date.
(B) Orders in excess of $5,000,000.--The amendments made by
paragraph (2) shall take effect on the date that is 120 days
after the date of the enactment of this Act, and shall apply
with respect to any task or delivery order awarded on or after
such date.
(b) Civilian Agency Contracts.--
(1) Limitation on single award contracts.--Section 303H(d) of
the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253h(d)) is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) No task or delivery order contract in an amount estimated
to exceed $100,000,000 (including all options) may be awarded to a
single source unless the head of the executive agency determines in
writing that--
``(i) the task or delivery orders expected under the contract
are so integrally related that only a single source can reasonably
perform the work;
``(ii) the contract provides only for firm, fixed price task
orders or delivery orders for--
``(I) products for which unit prices are established in the
contract; or
``(II) services for which prices are established in the
contract for the specific tasks to be performed;
``(iii) only one source is qualified and capable of performing
the work at a reasonable price to the government; or
``(iv) because of exceptional circumstances, it is necessary in
the public interest to award the contract to a single source.
``(B) The head of the executive agency shall notify Congress within
30 days after any determination under subparagraph (A)(iv).''.
(2) Enhanced competition for orders in excess of $5,000,000.--
Section 303J of such Act (41 U.S.C. 253j) is amended--
(A) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Enhanced Competition for Orders in Excess of $5,000,000.--In
the case of a task or delivery order in excess of $5,000,000, the
requirement to provide all contractors a fair opportunity to be
considered under subsection (b) is not met unless all such contractors
are provided, at a minimum--
``(1) a notice of the task or delivery order that includes a
clear statement of the executive agency's requirements;
``(2) a reasonable period of time to provide a proposal in
response to the notice;
``(3) disclosure of the significant factors and subfactors,
including cost or price, that the executive agency expects to
consider in evaluating such proposals, and their relative
importance;
``(4) in the case of an award that is to be made on a best
value basis, a written statement documenting the basis for the
award and the relative importance of quality and price or cost
factors; and
``(5) an opportunity for a post-award debriefing consistent
with the requirements of section 303B(e).''; and
(C) by striking subsection (e), as redesignated by
paragraph (1), and inserting the following new subsection (e):
``(e) Protests.--(1) A protest is not authorized in connection with
the issuance or proposed issuance of a task or delivery order except
for--
``(A) a protest on the ground that the order increases the
scope, period, or maximum value of the contract under which the
order is issued; or
``(B) a protest of an order valued in excess of $10,000,000.
``(2) Notwithstanding section 3556 of title 31, United States Code,
the Comptroller General of the United States shall have exclusive
jurisdiction of a protest authorized under paragraph (1)(B).
``(3) This subsection shall be in effect for three years, beginning
on the date that is 120 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2008.''.
(3) Effective dates.--
(A) Single award contracts.--The amendments made by
paragraph (1) shall take effect on the date that is 120 days
after the date of the enactment of this Act, and shall apply
with respect to any contract awarded on or after such date.
(B) Orders in excess of $5,000,000.--The amendments made by
paragraph (2) shall take effect on the date that is 120 days
after the date of the enactment of this Act, and shall apply
with respect to any task or delivery order awarded on or after
such date.

SEC. 844. PUBLIC DISCLOSURE OF JUSTIFICATION AND APPROVAL DOCUMENTS FOR
NONCOMPETITIVE CONTRACTS.

(a) Civilian Agency Contracts.--
(1) In general.--Section 303 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253) is amended by
adding at the end the following new subsection:
``(j)(1)(A) Except as provided in subparagraph (B), in the case of
a procurement permitted by subsection (c), the head of an executive
agency shall make publicly available, within 14 days after the award of
the contract, the documents containing the justification and approval
required by subsection (f)(1) with respect to the procurement.
``(B) In the case of a procurement permitted by subsection (c)(2),
subparagraph (A) shall be applied by substituting `30 days' for `14
days'.
``(2) The documents shall be made available on the website of the
agency and through a government-wide website selected by the
Administrator for Federal Procurement Policy.
``(3) This subsection does not require the public availability of
information that is exempt from public disclosure under section 552(b)
of title 5, United States Code.''.
(2) Conforming amendment.--Section 303(f) of such Act is
amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
(b) Defense Agency Contracts.--
(1) In general.--Section 2304 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(l)(1)(A) Except as provided in subparagraph (B), in the case of
a procurement permitted by subsection (c), the head of an agency shall
make publicly available, within 14 days after the award of the
contract, the documents containing the justification and approval
required by subsection (f)(1) with respect to the procurement.
``(B) In the case of a procurement permitted by subsection (c)(2),
subparagraph (A) shall be applied by substituting `30 days' for `14
days'.
``(2) The documents shall be made available on the website of the
agency and through a government-wide website selected by the
Administrator for Federal Procurement Policy.
``(3) This subsection does not require the public availability of
information that is exempt from public disclosure under section 552(b)
of title 5.''.
(2) Conforming amendment.--Section 2304(f) of such title is
amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively.

SEC. 845. DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT FINDINGS.

(a) Required Annex on Significant Audit Findings.--
(1) In general.--Each Inspector General appointed under the
Inspector General Act of 1978 shall submit, as part of the
semiannual report submitted to Congress pursuant to section 5 of
such Act, an annex on final, completed contract audit reports
issued to the contracting activity containing significant audit
findings issued during the period covered by the semiannual report
concerned.
(2) Elements.--Such annex shall include--
(A) a list of such contract audit reports;
(B) for each audit report, a brief description of the
nature of the significant audit findings in the report; and
(C) for each audit report, the specific amounts of costs
identified as unsupported, questioned, or disallowed.
(3) Information exempt from public disclosure.--(A) Nothing in
this subsection shall be construed to require the release of
information to the public that is exempt from public disclosure
under section 552(b) of title 5, United States Code.
(B) For each element required by paragraph (2), the Inspector
General concerned shall note each instance where information has
been redacted in accordance with the requirements of section 552(b)
of title 5, United States Code, and submit an unredacted annex to
the committees listed in subsection (d)(2) within 7 days after the
issuance of the semiannual report.
(b) Defense Contract Audit Agency Included.--For purposes of
subsection (a), audits of the Defense Contract Audit Agency shall be
included in the annex provided by the Inspector General of the
Department of Defense if they include significant audit findings.
(c) Exception.--Subsection (a) shall not apply to an Inspector
General if no audits described in such subsection were issued during
the covered period.
(d) Submission of Individual Audits.--
(1) Requirement.--The head of each Federal department or agency
shall provide, within 14 days after a request in writing by the
chairman or ranking member of any committee listed in paragraph
(2), a full and unredacted copy of any audit described in
subsection (a). Such copy shall include an identification of
information in the audit exempt from public disclosure under
section 552(b) of title 5, United States Code.
(2) Committees.--The committees listed in this paragraph are
the following:
(A) The Committee on Oversight and Government Reform of the
House of Representatives.
(B) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(C) The Committees on Appropriations of the House of
Representatives and the Senate.
(D) With respect to the Department of Defense and the
Department of Energy, the Committees on Armed Services of the
Senate and House of Representatives.
(E) The Committees of primary jurisdiction over the agency
or department to which the request is made.
(e) Classified Information.--Nothing in this section shall be
interpreted to require the handling of classified information or
information relating to intelligence sources and methods in a manner
inconsistent with any law, regulation, executive order, or rule of the
House of Representatives or of the Senate relating to the handling or
protection of such information.
(f) Definitions.--In this section:
(1) Significant audit findings.--The term ``significant audit
findings'' includes--
(A) unsupported, questioned, or disallowed costs in an
amount in excess of $10,000,000; or
(B) other findings that the Inspector General of the agency
or department concerned determines to be significant.
(2) Contract.--The term ``contract'' includes a contract, an
order placed under a task or delivery order contract, or a
subcontract.

SEC. 846. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL FOR
DISCLOSURE OF CERTAIN INFORMATION.

(a) Increased Protection From Reprisal.--Subsection (a) of section
2409 of title 10, United States Code, is amended--
(1) by striking ``disclosing to a Member of Congress'' and
inserting ``disclosing to a Member of Congress, a representative of
a committee of Congress, an Inspector General, the Government
Accountability Office, a Department of Defense employee responsible
for contract oversight or management,''; and
(2) by striking ``information relating to a substantial
violation of law related to a contract (including the competition
for or negotiation of a contract)'' and inserting ``information
that the employee reasonably believes is evidence of gross
mismanagement of a Department of Defense contract or grant, a gross
waste of Department of Defense funds, a substantial and specific
danger to public health or safety, or a violation of law related to
a Department of Defense contract (including the competition for or
negotiation of a contract) or grant''.
(b) Clarification of Inspector General Determination.--Subsection
(b) of such section is amended--
(1) by inserting ``(1)'' after ``Investigation of Complaints.--
'';
(2) by striking ``an agency'' and inserting ``the Department of
Defense, or the Inspector General of the National Aeronautics and
Space Administration in the case of a complaint regarding the
National Aeronautics and Space Administration''; and
(3) by adding at the end the following new paragraph:
``(2)(A) Except as provided under subparagraph (B), the Inspector
General shall make a determination that a complaint is frivolous or
submit a report under paragraph (1) within 180 days after receiving the
complaint.
``(B) If the Inspector General is unable to complete an
investigation in time to submit a report within the 180-day period
specified in subparagraph (A) and the person submitting the complaint
agrees to an extension of time, the Inspector General shall submit a
report under paragraph (1) within such additional period of time as
shall be agreed upon between the Inspector General and the person
submitting the complaint.''.
(c) Acceleration of Schedule for Denying Relief or Providing
Remedy.--Subsection (c) of such section is amended--
(1) in paragraph (1), by striking ``If the head of the agency
determines that a contractor has subjected a person to a reprisal
prohibited by subsection (a), the head of the agency may'' and
inserting after ``(1)'' the following: ``Not later than 30 days
after receiving an Inspector General report pursuant to subsection
(b), the head of the agency concerned shall determine whether there
is sufficient basis to conclude that the contractor concerned has
subjected the complainant to a reprisal prohibited by subsection
(a) and shall either issue an order denying relief or shall'';
(2) by redesignating paragraphs (2) and (3) as paragraphs (4)
and (5), respectively; and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) If the head of an executive agency issues an order denying
relief under paragraph (1) or has not issued an order within 210 days
after the submission of a complaint under subsection (b), or in the
case of an extension of time under paragraph (b)(2)(B), not later than
30 days after the expiration of the extension of time, and there is no
showing that such delay is due to the bad faith of the complainant, the
complainant shall be deemed to have exhausted all administrative
remedies with respect to the complaint, and the complainant may bring a
de novo action at law or equity against the contractor to seek
compensatory damages and other relief available under this section in
the appropriate district court of the United States, which shall have
jurisdiction over such an action without regard to the amount in
controversy. Such an action shall, at the request of either party to
the action, be tried by the court with a jury.
``(3) An Inspector General determination and an agency head order
denying relief under paragraph (2) shall be admissible in evidence in
any de novo action at law or equity brought pursuant to this
subsection.''.
(d) Definitions.--Subsection (e) of such section is amended--
(1) in paragraph (4), by inserting ``or a grant'' after ``a
contract''; and
(2) by inserting before the period at the end the following:
``and any Inspector General that receives funding from, or has
oversight over contracts awarded for or on behalf of, the Secretary
of Defense''.

SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT OF DEFENSE OFFICIALS
SEEKING EMPLOYMENT WITH DEFENSE CONTRACTORS.

(a) Requirement to Seek and Obtain Written Opinion.--
(1) Request.--An official or former official of the Department
of Defense described in subsection (c) who, within two years after
leaving service in the Department of Defense, expects to receive
compensation from a Department of Defense contractor, shall, prior
to accepting such compensation, request a written opinion regarding
the applicability of post-employment restrictions to activities
that the official or former official may undertake on behalf of a
contractor.
(2) Submission of request.--A request for a written opinion
under paragraph (1) shall be submitted in writing to an ethics
official of the Department of Defense having responsibility for the
organization in which the official or former official serves or
served and shall set forth all information relevant to the request,
including information relating to government positions held and
major duties in those positions, actions taken concerning future
employment, positions sought, and future job descriptions, if
applicable.
(3) Written opinion.--Not later than 30 days after receiving a
request by an official or former official of the Department of
Defense described in subsection (c), the appropriate ethics
counselor shall provide such official or former official a written
opinion regarding the applicability or inapplicability of post-
employment restrictions to activities that the official or former
official may undertake on behalf of a contractor.
(4) Contractor requirement.--A Department of Defense contractor
may not knowingly provide compensation to a former Department of
Defense official described in subsection (c) within two years after
such former official leaves service in the Department of Defense,
without first determining that the former official has sought and
received (or has not received after 30 days of seeking) a written
opinion from the appropriate ethics counselor regarding the
applicability of post-employment restrictions to the activities
that the former official is expected to undertake on behalf of the
contractor.
(5) Administrative actions.--In the event that an official or
former official of the Department of Defense described in
subsection (c), or a Department of Defense contractor, knowingly
fails to comply with the requirements of this subsection, the
Secretary of Defense may take any of the administrative actions set
forth in section 27(e) of the Office of Federal Procurement Policy
Act (41 U.S.C. 423(e)) that the Secretary of Defense determines to
be appropriate.
(b) Recordkeeping Requirement.--
(1) Database.--Each request for a written opinion made pursuant
to this section, and each written opinion provided pursuant to such
a request, shall be retained by the Department of Defense in a
central database or repository for not less than five years
beginning on the date on which the written opinion was provided.
(2) Inspector general review.--The Inspector General of the
Department of Defense shall conduct periodic reviews to ensure that
written opinions are being provided and retained in accordance with
the requirements of this section. The first such review shall be
conducted no later than two years after the date of the enactment
of this Act.
(c) Covered Department of Defense Officials.--An official or former
official of the Department of Defense is covered by the requirements of
this section if such official or former official--
(1) participated personally and substantially in an acquisition
as defined in section 4(16) of the Office of Federal Procurement
Policy Act with a value in excess of $10,000,000 and serves or
served--
(A) in an Executive Schedule position under subchapter II
of chapter 53 of title 5, United States Code;
(B) in a position in the Senior Executive Service under
subchapter VIII of chapter 53 of title 5, United States Code;
or
(C) in a general or flag officer position compensated at a
rate of pay for grade O-7 or above under section 201 of title
37, United States Code; or
(2) serves or served as a program manager, deputy program
manager, procuring contracting officer, administrative contracting
officer, source selection authority, member of the source selection
evaluation board, or chief of a financial or technical evaluation
team for a contract in an amount in excess of $10,000,000.
(d) Definition.--In this section, the term ``post-employment
restrictions'' includes--
(1) section 27 of the Office of Federal Procurement Policy Act
(41 U.S.C. 423);
(2) section 207 of title 18, United States Code; and
(3) any other statute or regulation restricting the employment
or activities of individuals who leave government service in the
Department of Defense.

SEC. 848. REPORT ON CONTRACTOR ETHICS PROGRAMS OF MAJOR DEFENSE
CONTRACTORS.

(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the internal ethics programs of
major defense contractors.
(b) Elements.--The report required by subsection (a) shall address,
at a minimum--
(1) the extent to which major defense contractors have internal
ethics programs in place;
(2) the extent to which the ethics programs described in
paragraph (1) include--
(A) the availability of internal mechanisms, such as
hotlines, for contractor employees to report conduct that may
violate applicable requirements of law or regulation;
(B) notification to contractor employees of the
availability of external mechanisms, such as the hotline of the
Inspector General of the Department of Defense, for the
reporting of conduct that may violate applicable requirements
of law or regulation;
(C) notification to contractor employees of their right to
be free from reprisal for disclosing a substantial violation of
law related to a contract, in accordance with section 2409 of
title 10, United States Code;
(D) ethics training programs for contractor officers and
employees;
(E) internal audit or review programs to identify and
address conduct that may violate applicable requirements of law
or regulation;
(F) self-reporting requirements, under which contractors
report conduct that may violate applicable requirements of law
or regulation to appropriate government officials;
(G) disciplinary action for contractor employees whose
conduct is determined to have violated applicable requirements
of law or regulation; and
(H) appropriate management oversight to ensure the
successful implementation of such ethics programs;
(3) the extent to which the Department of Defense monitors or
approves the ethics programs of major defense contractors; and
(4) the advantages and disadvantages of legislation requiring
that defense contractors develop internal ethics programs and
requiring that specific elements be included in such ethics
programs.
(c) Access to Information.--In accordance with the contract clause
required pursuant to section 2313(c) of title 10, United States Code,
each major defense contractor shall provide the Comptroller General
access to information requested by the Comptroller General that is
within the scope of the report required by this section.
(d) Major Defense Contractor Defined.--In this section, the term
``major defense contractor'' means any company that was awarded
contracts by the Department of Defense during fiscal year 2006 in
amounts totaling more than $500,000,000.

SEC. 849. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL OUTSIDE THE
ACQUISITION WORKFORCE AND EVALUATIONS OF ARMY COMMISSION
RECOMMENDATIONS.

(a) Training Requirement.--Section 2333 of title 10, United States
Code is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Training for Personnel Outside Acquisition Workforce.--(1)
The joint policy for requirements definition, contingency program
management, and contingency contracting required by subsection (a)
shall provide for training of military personnel outside the
acquisition workforce (including operational field commanders and
officers performing key staff functions for operational field
commanders) who are expected to have acquisition responsibility,
including oversight duties associated with contracts or contractors,
during combat operations, post-conflict operations, and contingency
operations.
``(2) Training under paragraph (1) shall be sufficient to ensure
that the military personnel referred to in that paragraph understand
the scope and scale of contractor support they will experience in
contingency operations and are prepared for their roles and
responsibilities with regard to requirements definition, program
management (including contractor oversight), and contingency
contracting.
``(3) The joint policy shall also provide for the incorporation of
contractors and contract operations in mission readiness exercises for
operations that will include contracting and contractor support.''.
(b) Organizational Requirements.--
(1) Evaluation by the secretary of defense.--The Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs of
Staff, shall evaluate the recommendations included in the report of
the Commission on Army Acquisition and Program Management in
Expeditionary Operations and shall determine the extent to which
such recommendations are applicable to the other Armed Forces. Not
later than 120 days after the date of the enactment of this Act,
the Secretary of Defense shall submit a report to the congressional
defense committees with the conclusions of this evaluation and a
description of the Secretary's plans for implementing the
Commission's recommendations for Armed Forces other than the Army.
(2) Evaluation by the secretary of the army.--The Secretary of
the Army, in consultation with the Chief of Staff of the Army,
shall evaluate the recommendations included in the report of the
Commission on Army Acquisition and Program Management in
Expeditionary Operations. Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Army shall submit
to the congressional defense committees a report detailing the
Secretary's plans for implementation of the recommendations of the
Commission. The report shall include the following:
(A) For each recommendation that has been implemented, or
that the Secretary plans to implement--
(i) a summary of all actions that have been taken to
implement such recommendation; and
(ii) a schedule, with specific milestones, for
completing the implementation of such recommendation.
(B) For each recommendation that the Secretary has not
implemented and does not plan to implement--
(i) the reasons for the decision not to implement such
recommendation; and
(ii) a summary of any alternative actions the Secretary
plans to take to address the purposes underlying such
recommendation.
(C) For each recommendation that would require legislation
to implement, the Secretary's recommendations regarding such
legislation.
(c) Comptroller General Report.--Section 854(c) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2346) is amended by adding at the end the following
new paragraph:
``(3) Comptroller general report.--Not later than 180 days
after the date on which the Secretary of Defense submits the final
report required by paragraph (2), the Comptroller General of the
United States shall--
``(A) review the joint policies developed by the Secretary,
including the implementation of such policies; and
``(B) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the extent
to which such policies, and the implementation of such
policies, comply with the requirements of section 2333 of title
10, United States Code (as so amended).''.

Subtitle E--Acquisition Workforce Provisions

SEC. 851. REQUIREMENT FOR SECTION ON DEFENSE ACQUISITION WORKFORCE IN
STRATEGIC HUMAN CAPITAL PLAN.

(a) In General.--In the update of the strategic human capital plan
for 2008, and in each subsequent update, the Secretary of Defense shall
include a separate section focused on the defense acquisition
workforce, including both military and civilian personnel.
(b) Funding.--The section shall contain--
(1) an identification of the funding programmed for defense
acquisition workforce improvements, including a specific
identification of funding provided in the Department of Defense
Acquisition Workforce Fund established under section 1705 of title
10, United States Code (as added by section 852 of this Act);
(2) an identification of the funding programmed for defense
acquisition workforce training in the future-years defense program,
including a specific identification of funding provided by the
acquisition workforce training fund established under section
37(h)(3) of the Office of Federal Procurement Policy Act (41 U.S.C.
433(h)(3));
(3) a description of how the funding identified pursuant to
paragraphs (1) and (2) will be implemented during the fiscal year
concerned to address the areas of need identified in accordance
with subsection (c);
(4) a statement of whether the funding identified under
paragraphs (1) and (2) is being fully used; and
(5) a description of any continuing shortfall in funding
available for the defense acquisition workforce.
(c) Areas of Need.--The section also shall identify any areas of
need in the defense acquisition workforce, including--
(1) gaps in the skills and competencies of the current or
projected defense acquisition workforce;
(2) changes to the types of skills needed in the current or
projected defense acquisition workforce;
(3) incentives to retain in the defense acquisition workforce
qualified, experienced defense acquisition workforce personnel; and
(4) incentives for attracting new, high-quality personnel to
the defense acquisition workforce.
(d) Strategic Human Capital Plan Defined.--In this section, the
term ``strategic human capital plan'' means the strategic human capital
plan required under section 1122 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10 U.S.C.
prec. 1580 note).

SEC. 852. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND.

(a) In General.--
(1) Establishment of fund.--Chapter 87 of title 10, United
States Code, is amended by inserting after section 1704 the
following new section:

``Sec. 1705. Department of Defense Acquisition Workforce Development
Fund

``(a) Establishment.--The Secretary of Defense shall establish a
fund to be known as the `Department of Defense Acquisition Workforce
Fund' (in this section referred to as the `Fund') to provide funds, in
addition to other funds that may be available, for the recruitment,
training, and retention of acquisition personnel of the Department of
Defense.
``(b) Purpose.--The purpose of the Fund is to ensure that the
Department of Defense acquisition workforce has the capacity, in both
personnel and skills, needed to properly perform its mission, provide
appropriate oversight of contractor performance, and ensure that the
Department receives the best value for the expenditure of public
resources.
``(c) Management.--The Fund shall be managed by a senior official
of the Department of Defense designated by the Under Secretary of
Defense for Acquisition, Technology, and Logistics for that purpose,
from among persons with an extensive background in management relating
to acquisition and personnel.
``(d) Elements.--
``(1) In general.--The Fund shall consist of amounts as
follows:
``(A) Amounts credited to the Fund under paragraph (2).
``(B) Any other amounts appropriated to, credited to, or
deposited into the Fund by law.
``(2) Credits to the fund.--(A) There shall be credited to the
Fund an amount equal to the applicable percentage for a fiscal year
of all amounts expended by the Department of Defense in such fiscal
year for contract services, other than services relating to
research and development and services relating to military
construction.
``(B) Not later than 30 days after the end of the third fiscal
year quarter of fiscal year 2008, and 30 days after the end of each
fiscal year quarter thereafter, the head of each military
department and Defense Agency shall remit to the Secretary of
Defense an amount equal to the applicable percentage for such
fiscal year of the amount expended by such military department or
Defense Agency, as the case may be, during such fiscal year quarter
for services covered by subparagraph (A). Any amount so remitted
shall be credited to the Fund under subparagraph (A).
``(C) For purposes of this paragraph, the applicable percentage
for a fiscal year is a percentage as follows:
``(i) For fiscal year 2008, 0.5 percent.
``(ii) For fiscal year 2009, 1 percent.
``(iii) For fiscal year 2010, 1.5 percent.
``(iv) For any fiscal year after fiscal year 2010, 2
percent.
``(D) The Secretary of Defense may reduce a percentage
established in subparagraph (C) for any fiscal year, if he
determines that the application of such percentage would result in
the crediting of an amount greater than is reasonably needed for
the purpose of the Fund. In no event may the Secretary reduce a
percentage for any fiscal year below a percentage that results in
the deposit in a fiscal year of an amount equal to the following:
``(i) For fiscal year 2008, $300,000,000.
``(ii) For fiscal year 2009, $400,000,000.
``(iii) For fiscal year 2010, $500,000,000.
``(iv) For any fiscal year after fiscal year 2010,
$600,000,000.
``(e) Availability of Funds.--
``(1) In general.--Subject to the provisions of this
subsection, amounts in the Fund shall be available to the Secretary
of Defense for expenditure, or for transfer to a military
department or Defense Agency, for the recruitment, training, and
retention of acquisition personnel of the Department of Defense for
the purpose of the Fund, including for the provision of training
and retention incentives to the acquisition workforce of the
Department.
``(2) Prohibition.--Amounts in the Fund may not be obligated
for any purpose other than purposes described in paragraph (1) or
otherwise in accordance with this subsection.
``(3) Guidance.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics, acting through the senior
official designated to manage the Fund, shall issue guidance for
the administration of the Fund. Such guidance shall include
provisions--
``(A) identifying areas of need in the acquisition
workforce for which amounts in the Fund may be used,
including--
``(i) changes to the types of skills needed in the
acquisition workforce;
``(ii) incentives to retain in the acquisition
workforce qualified, experienced acquisition workforce
personnel; and
``(iii) incentives for attracting new, high-quality
personnel to the acquisition workforce;
``(B) describing the manner and timing for applications for
amounts in the Fund to be submitted;
``(C) describing the evaluation criteria to be used for
approving or prioritizing applications for amounts in the Fund
in any fiscal year; and
``(D) describing measurable objectives of performance for
determining whether amounts in the Fund are being used in
compliance with this section.
``(4) Limitation on payments to or for contractors.--Amounts in
the Fund shall not be available for payments to contractors or
contractor employees, other than for the purpose of providing
advanced training to Department of Defense employees.
``(5) Prohibition on payment of base salary of current
employees.--Amounts in the Fund may not be used to pay the base
salary of any person who was an employee of the Department as of
the date of the enactment of the National Defense Authorization Act
for Fiscal Year 2008.
``(6) Duration of availability.--Amounts credited to the Fund
under subsection (d)(2) shall remain available for expenditure in
the fiscal year for which credited and the two succeeding fiscal
years.
``(f) Annual Report.--Not later than 60 days after the end of each
fiscal year beginning with fiscal year 2008, the Secretary of Defense
shall submit to the congressional defense committees a report on the
operation of the Fund during such fiscal year. Each report shall
include, for the fiscal year covered by such report, the following:
``(1) A statement of the amounts remitted to the Secretary for
crediting to the Fund for such fiscal year by each military
department and Defense Agency, and a statement of the amounts
credited to the Fund for such fiscal year.
``(2) A description of the expenditures made from the Fund
(including expenditures following a transfer of amounts in the Fund
to a military department or Defense Agency) in such fiscal year,
including the purpose of such expenditures.
``(3) A description and assessment of improvements in the
Department of Defense acquisition workforce resulting from such
expenditures.
``(4) Recommendations for additional authorities to fulfill the
purpose of the Fund.
``(5) A statement of the balance remaining in the Fund at the
end of such fiscal year.
``(g) Acquisition Workforce Defined.--In this section, the term
`acquisition workforce' means personnel in positions designated under
section 1721 of this title as acquisition positions for purposes of
this chapter.''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter I of such chapter is amended by inserting after the
item relating to section 1704 the following new item:

``1705. Department of Defense Acquisition Workforce Development Fund.''.

(b) Effective Date.--Section 1705 of title 10, United States Code,
as added by subsection (a), shall take effect on the date of the
enactment of this Act.

SEC. 853. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY POSITIONS
FOR CERTAIN FEDERAL ACQUISITION POSITIONS.

Section 1413(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1665) is amended by
striking ``September 30, 2007'' and inserting ``September 30, 2012''.

SEC. 854. REPEAL OF SUNSET OF ACQUISITION WORKFORCE TRAINING FUND.

Section 37(h)(3) of the Office of Federal Procurement Policy Act
(41 U.S.C. 433(h)(3)) is amended by striking subparagraph (H).

SEC. 855. FEDERAL ACQUISITION WORKFORCE IMPROVEMENTS.

(a) Associate Administrator for Acquisition Workforce Programs.--
The Administrator for Federal Procurement Policy shall designate a
member of the Senior Executive Service as the Associate Administrator
for Acquisition Workforce Programs. The Associate Administrator for
Acquisition Workforce Programs shall be located in the Federal
Acquisition Institute (or its successor). The Associate Administrator
shall be responsible for--
(1) supervising the acquisition workforce training fund
established under section 37(h)(3) of the Office of Federal
Procurement Policy Act (41 U. S. C. 433(h)(3));
(2) developing, in coordination with Chief Acquisition Officers
and Chief Human Capital Officers, a strategic human capital plan
for the acquisition workforce of the Federal Government;
(3) reviewing and providing input to individual agency
acquisition workforce succession plans;
(4) recommending to the Administrator and other senior
government officials appropriate programs, policies, and practices
to increase the quantity and quality of the Federal acquisition
workforce; and
(5) carrying out such other functions as the Administrator may
assign.
(b) Acquisition and Contracting Training Programs Within Executive
Agencies.--
(1) Requirement.--The head of each executive agency, after
consultation with the Associate Administrator for Acquisition
Workforce Programs, shall establish and operate acquisition and
contracting training programs. Such programs shall--
(A) have curricula covering a broad range of acquisition
and contracting disciplines corresponding to the specific
acquisition and contracting needs of the agency involved;
(B) be developed and applied according to rigorous
standards; and
(C) be designed to maximize efficiency, through the use of
self-paced courses, online courses, on-the-job training, and
the use of remote instructors, wherever such features can be
applied without reducing the effectiveness of the training or
negatively affecting academic standards.
(2) Chief acquisition officer authorities and
responsibilities.--Subject to the authority, direction, and control
of the head of an executive agency, the Chief Acquisition Officer
for such agency shall carry out all powers, functions, and duties
of the head of the agency with respect to implementation of this
subsection. The Chief Acquisition Officer shall ensure that the
policies established by the head of the agency in accordance with
this subsection are implemented throughout the agency.
(c) Government-Wide Policies and Evaluation.--The Administrator for
Federal Procurement Policy shall issue policies to promote the
development of performance standards for training and uniform
implementation of this section by executive agencies, with due regard
for differences in program requirements among agencies that may be
appropriate and warranted in view of the agency mission. The
Administrator shall evaluate the implementation of the provisions of
subsection (b) by executive agencies.
(d) Acquisition and Contracting Training Reporting.--The
Administrator for Federal Procurement Policy shall ensure that the
heads of executive agencies collect and maintain standardized
information on the acquisition and contracting workforce related to the
implementation of subsection (b).
(e) Acquisition Workforce Human Capital Succession Plan.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, each Chief Acquisition Officer for an
executive agency shall develop, in consultation with the Chief
Human Capital Officer for the agency and the Associate
Administrator for Acquisition Workforce Programs, a succession plan
consistent with the agency's strategic human capital plan for the
recruitment, development, and retention of the agency's acquisition
workforce, with a particular focus on warranted contracting
officers and program managers of the agency.
(2) Content of plan.--The acquisition workforce succession plan
shall address--
(A) recruitment goals for personnel from procurement intern
programs;
(B) the agency's acquisition workforce training needs;
(C) actions to retain high performing acquisition
professionals who possess critical relevant skills;
(D) recruitment goals for personnel from the Federal Career
Intern Program; and
(E) recruitment goals for personnel from the Presidential
Management Fellows Program.
(f) Training in the Acquisition of Architect and Engineering
Services.--The Administrator for Federal Procurement Policy shall
ensure that a sufficient number of Federal employees are trained in the
acquisition of architect and engineering services.
(g) Utilization of Recruitment and Retention Authorities.--The
Administrator for Federal Procurement Policy, in coordination with the
Director of the Office of Personnel Management, shall encourage
executive agencies to utilize existing authorities, including direct
hire authority and tuition assistance programs, to recruit and retain
acquisition personnel and consider recruiting acquisition personnel who
may be retiring from the private sector, consistent with existing laws
and regulations.
(h) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has the
meaning provided in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1)).
(2) Chief acquisition officer.--The term ``Chief Acquisition
Officer'' means a Chief Acquisition Officer for an executive agency
appointed pursuant to section 16 of the Office of Federal
Procurement Policy Act (41 U.S.C. 414).

Subtitle F--Contracts in Iraq and Afghanistan

SEC. 861. MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING TO
CONTRACTING.

(a) Memorandum of Understanding Required.--The Secretary of
Defense, the Secretary of State, and the Administrator of the United
States Agency for International Development shall, not later than July
1, 2008, enter into a memorandum of understanding regarding matters
relating to contracting for contracts in Iraq or Afghanistan.
(b) Matters Covered.--The memorandum of understanding required by
subsection (a) shall address, at a minimum, the following:
(1) Identification of the major categories of contracts in Iraq
or Afghanistan being awarded by the Department of Defense, the
Department of State, or the United States Agency for International
Development.
(2) Identification of the roles and responsibilities of each
department or agency for matters relating to contracting for
contracts in Iraq or Afghanistan.
(3) Responsibility for establishing procedures for, and the
coordination of, movement of contractor personnel in Iraq or
Afghanistan.
(4) Identification of common databases that will serve as
repositories of information on contracts in Iraq or Afghanistan and
contractor personnel in Iraq or Afghanistan, including agreement on
the elements to be included in the databases, including, at a
minimum--
(A) with respect to each contract--
(i) a brief description of the contract (to the extent
consistent with security considerations);
(ii) the total value of the contract; and
(iii) whether the contract was awarded competitively;
and
(B) with respect to contractor personnel--
(i) the total number of personnel employed on contracts
in Iraq or Afghanistan;
(ii) the total number of personnel performing security
functions under contracts in Iraq or Afghanistan; and
(iii) the total number of personnel working under
contracts in Iraq or Afghanistan who have been killed or
wounded.
(5) Responsibility for maintaining and updating information in
the common databases identified under paragraph (4).
(6) Responsibility for the collection and referral to the
appropriate Government agency of any information relating to
offenses under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice) or chapter 212 of title 18,
United States Code (commonly referred to as the Military
Extraterritorial Jurisdiction Act), including a clarification of
responsibilities under section 802(a)(10) of title 10, United
States Code (article 2(a) of the Uniform Code of Military Justice),
as amended by section 552 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
(c) Implementation of Memorandum of Understanding.--Not later than
120 days after the memorandum of understanding required by subsection
(a) is signed, the Secretary of Defense, the Secretary of State, and
the Administrator of the United States Agency for International
Development shall issue such policies or guidance and prescribe such
regulations as are necessary to implement the memorandum of
understanding for the relevant matters pertaining to their respective
agencies.
(d) Copies Provided to Congress.--
(1) Memorandum of understanding.--Copies of the memorandum of
understanding required by subsection (a) shall be provided to the
relevant committees of Congress within 30 days after the memorandum
is signed.
(2) Report on implementation.--Not later than 180 days after
the memorandum of understanding required by subsection (a) is
signed, the Secretary of Defense, the Secretary of State, and the
Administrator of the United States Agency for International
Development shall each provide a report to the relevant committees
of Congress on the implementation of the memorandum of
understanding.
(3) Databases.--The Secretary of Defense, the Secretary of
State, or the Administrator of the United States Agency for
International Development shall provide access to the common
databases identified under subsection (b)(4) to the relevant
committees of Congress.
(4) Contracts.--Effective on the date of the enactment of this
Act, copies of any contracts in Iraq or Afghanistan awarded after
December 1, 2007, shall be provided to any of the relevant
committees of Congress within 15 days after the submission of a
request for such contract or contracts from such committee to the
department or agency managing the contract.

SEC. 862. CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN AREAS OF
COMBAT OPERATIONS.

(a) Regulations on Contractors Performing Private Security
Functions.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Secretary of State, shall prescribe regulations on the
selection, training, equipping, and conduct of personnel performing
private security functions under a covered contract in an area of
combat operations.
(2) Elements.--The regulations prescribed under subsection (a)
shall, at a minimum, establish--
(A) a process for registering, processing, accounting for,
and keeping appropriate records of personnel performing private
security functions in an area of combat operations;
(B) a process for authorizing and accounting for weapons to
be carried by, or available to be used by, personnel performing
private security functions in an area of combat operations;
(C) a process for the registration and identification of
armored vehicles, helicopters, and other military vehicles
operated by contractors performing private security functions
in an area of combat operations;
(D) a process under which contractors are required to
report all incidents, and persons other than contractors are
permitted to report incidents, in which--
(i) a weapon is discharged by personnel performing
private security functions in an area of combat operations;
(ii) personnel performing private security functions in
an area of combat operations are killed or injured; or
(iii) persons are killed or injured, or property is
destroyed, as a result of conduct by contractor personnel;
(E) a process for the independent review and, if
practicable, investigation of--
(i) incidents reported pursuant to subparagraph (D);
and
(ii) incidents of alleged misconduct by personnel
performing private security functions in an area of combat
operations;
(F) requirements for qualification, training, screening
(including, if practicable, through background checks), and
security for personnel performing private security functions in
an area of combat operations;
(G) guidance to the commanders of the combatant commands on
the issuance of--
(i) orders, directives, and instructions to contractors
performing private security functions relating to
equipment, force protection, security, health, safety, or
relations and interaction with locals;
(ii) predeployment training requirements for personnel
performing private security functions in an area of combat
operations, addressing the requirements of this section,
resources and assistance available to contractor personnel,
country information and cultural training, and guidance on
working with host country nationals and military; and
(iii) rules on the use of force for personnel
performing private security functions in an area of combat
operations;
(H) a process by which a commander of a combatant command
may request an action described in subsection (b)(3); and
(I) a process by which the training requirements referred
to in subparagraph (G)(ii) shall be implemented.
(3) Availability of orders, directives, and instructions.--The
regulations prescribed under subsection (a) shall include
mechanisms to ensure the provision and availability of the orders,
directives, and instructions referred to in paragraph (2)(G)(i) to
contractors referred to in that paragraph, including through the
maintenance of a single location (including an Internet website, to
the extent consistent with security considerations) at or through
which such contractors may access such orders, directives, and
instructions.
(b) Contract Clause on Contractors Performing Private Security
Functions.--
(1) Requirement under far.--Not later than 180 days after the
date of the enactment of this Act, the Federal Acquisition
Regulation issued in accordance with section 25 of the Office of
Federal Procurement Policy Act (41 U.S.C. 421) shall be revised to
require the insertion into each covered contract (or, in the case
of a task order, the contract under which the task order is issued)
of a contract clause addressing the selection, training, equipping,
and conduct of personnel performing private security functions
under such contract.
(2) Clause requirement.--The contract clause required by
paragraph (1) shall require, at a minimum, that the contractor
concerned shall--
(A) comply with regulations prescribed under subsection
(a), including any revisions or updates to such regulations,
and follow the procedures established in such regulations for--
(i) registering, processing, accounting for, and
keeping appropriate records of personnel performing private
security functions in an area of combat operations;
(ii) authorizing and accounting of weapons to be
carried by, or available to be used by, personnel
performing private security functions in an area of combat
operations;
(iii) registration and identification of armored
vehicles, helicopters, and other military vehicles operated
by contractors and subcontractors performing private
security functions in an area of combat operations; and
(iv) the reporting of incidents in which--

(I) a weapon is discharged by personnel performing
private security functions in an area of combat
operations;
(II) personnel performing private security
functions in an area of combat operations are killed or
injured; or
(III) persons are killed or injured, or property is
destroyed, as a result of conduct by contractor
personnel;

(B) ensure that all personnel performing private security
functions under such contract are briefed on and understand
their obligation to comply with--
(i) qualification, training, screening (including, if
practicable, through background checks), and security
requirements established by the Secretary of Defense for
personnel performing private security functions in an area
of combat operations;
(ii) applicable laws and regulations of the United
States and the host country, and applicable treaties and
international agreements, regarding the performance of the
functions of the contractor;
(iii) orders, directives, and instructions issued by
the applicable commander of a combatant command relating to
equipment, force protection, security, health, safety, or
relations and interaction with locals; and
(iv) rules on the use of force issued by the applicable
commander of a combatant command for personnel performing
private security functions in an area of combat operations;
and
(C) cooperate with any investigation conducted by the
Department of Defense pursuant to subsection (a)(2)(E) by
providing access to employees of the contractor and relevant
information in the possession of the contractor regarding the
incident concerned.
(3) Noncompliance of personnel with clause.--The contracting
officer for a covered contract may direct the contractor, at its
own expense, to remove or replace any personnel performing private
security functions in an area of combat operations who violate or
fail to comply with applicable requirements of the clause required
by this subsection. If the violation or failure to comply is a
gross violation or failure or is repeated, the contract may be
terminated for default.
(4) Applicability.--The contract clause required by this
subsection shall be included in all covered contracts awarded on or
after the date that is 180 days after the date of the enactment of
this Act. Federal agencies shall make best efforts to provide for
the inclusion of the contract clause required by this subsection in
covered contracts awarded before such date.
(5) Inspector general report on pilot program on imposition of
fines for noncompliance of personnel with clause.--Not later than
March 30, 2008, the Inspector General of the Department of Defense
shall submit to Congress a report assessing the feasibility and
advisability of carrying out a pilot program for the imposition of
fines on contractors for personnel who violate or fail to comply
with applicable requirements of the clause required by this section
as a mechanism for enhancing the compliance of such personnel with
the clause. The report shall include--
(A) an assessment of the feasibility and advisability of
carrying out the pilot program; and
(B) if the Inspector General determines that carrying out
the pilot program is feasible and advisable--
(i) recommendations on the range of contracts and
subcontracts to which the pilot program should apply; and
(ii) a schedule of fines to be imposed under the pilot
program for various types of personnel actions or failures.
(c) Areas of Combat Operations.--
(1) Designation.--The Secretary of Defense shall designate the
areas constituting an area of combat operations for purposes of
this section by not later than 120 days after the date of the
enactment of this Act.
(2) Particular areas.--Iraq and Afghanistan shall be included
in the areas designated as an area of combat operations under
paragraph (1).
(3) Additional areas.--The Secretary may designate any
additional area as an area constituting an area of combat
operations for purposes of this section if the Secretary determines
that the presence or potential of combat operations in such area
warrants designation of such area as an area of combat operations
for purposes of this section.
(4) Modification or elimination of designation.--The Secretary
may modify or cease the designation of an area under this
subsection as an area of combat operations if the Secretary
determines that combat operations are no longer ongoing in such
area.
(d) Exception.--The requirements of this section shall not apply to
contracts entered into by elements of the intelligence community in
support of intelligence activities.

SEC. 863. COMPTROLLER GENERAL REVIEWS AND REPORTS ON CONTRACTING IN
IRAQ AND AFGHANISTAN.

(a) Reviews and Reports Required.--
(1) In general.--Every 12 months, the Comptroller General shall
review contracts in Iraq or Afghanistan and submit to the relevant
committees of Congress a report on such review.
(2) Matters covered.--A report under this subsection shall
cover the following with respect to the contracts in Iraq or
Afghanistan reviewed for the report:
(A) Total number of contracts and task orders awarded
during the period covered by the report.
(B) Total number of active contracts and task orders.
(C) Total value of all contracts and task orders awarded
during the reporting period.
(D) Total value of active contracts and task orders.
(E) The extent to which such contracts have used
competitive procedures.
(F) Total number of contractor personnel working on
contracts during the reporting period.
(G) Total number of contractor personnel, on average, who
are performing security functions during the reporting period.
(H) The number of contractor personnel killed or wounded
during the reporting period.
(I) Information on any specific contract or class of
contracts that the Comptroller General determines raises issues
of significant concern.
(3) Submission of reports.--The Comptroller General shall
submit an initial report under this subsection not later than
October 1, 2008, and shall submit an updated report every year
thereafter until October 1, 2010.
(b) Access to Databases on Contracts.--The Secretary of Defense and
the Secretary of State shall provide full access to the databases
described in section 861(b)(4) to the Comptroller General for purposes
of the reviews carried out under this section.

SEC. 864. DEFINITIONS AND OTHER GENERAL PROVISIONS.

(a) Definitions.--In this subtitle:
(1) Matters relating to contracting.--The term ``matters
relating to contracting'', with respect to contracts in Iraq and
Afghanistan, means all matters relating to awarding, funding,
managing, tracking, monitoring, and providing oversight to
contracts and contractor personnel.
(2) Contract in iraq or afghanistan.--The term ``contract in
Iraq or Afghanistan'' means a contract with the Department of
Defense, the Department of State, or the United States Agency for
International Development, a subcontract at any tier issued under
such a contract, or a task order or delivery order at any tier
issued under such a contract (including a contract, subcontract, or
task order or delivery order issued by another Government agency
for the Department of Defense, the Department of State, or the
United States Agency for International Development), if the
contract, subcontract, or task order or delivery order involves
worked performed in Iraq or Afghanistan for a period longer than 14
days.
(3) Covered contract.--The term ``covered contract'' means--
(A) a contract of a Federal agency for the performance of
services in an area of combat operations, as designated by the
Secretary of Defense under subsection (c) of section 862;
(B) a subcontract at any tier under such a contract; or
(C) a task order or delivery order issued under such a
contract or subcontract.
(4) Contractor.--The term ``contractor'', with respect to a
covered contract, means the contractor or subcontractor carrying
out the covered contract.
(5) Private security functions.--The term ``private security
functions'' means activities engaged in by a contractor under a
covered contract as follows:
(A) Guarding of personnel, facilities, or property of a
Federal agency, the contractor or subcontractor, or a third
party.
(B) Any other activity for which personnel are required to
carry weapons in the performance of their duties.
(6) Relevant committees of congress.--The term ``relevant
committees of Congress'' means each of the following committees:
(A) The Committees on Armed Services of the Senate and the
House of Representatives.
(B) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform of the House of Representatives.
(C) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(D) For purposes of contracts relating to the National
Foreign Intelligence Program, the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives.
(b) Classified Information.--Nothing in this subtitle shall be
interpreted to require the handling of classified information or
information relating to intelligence sources and methods in a manner
inconsistent with any law, regulation, executive order, or rule of the
House of Representatives or of the Senate relating to the handling or
protection of such information.

Subtitle G--Defense Materiel Readiness Board

SEC. 871. ESTABLISHMENT OF DEFENSE MATERIEL READINESS BOARD.

(a) Establishment.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense shall establish a
Defense Materiel Readiness Board (in this subtitle referred to as the
``Board'') within the Office of the Secretary of Defense.
(b) Membership.--The Secretary shall appoint the chairman and the
members of the Board from among officers of the Armed Forces with
expertise in matters relevant to the function of the Board to assess
materiel readiness and evaluate plans and policies relating to materiel
readiness. At a minimum, the Board shall include representatives of the
Joint Chiefs of Staff, each of the Armed Forces, and each of the
reserve components of the Armed Forces.
(c) Staff.--The Secretary of Defense shall assign staff, and
request the Secretaries of the military departments to assign staff, as
necessary to assist the Board in carrying out its duties.
(d) Functions.--The Board shall provide independent assessments of
materiel readiness, materiel readiness shortfalls, and materiel
readiness plans to the Secretary of Defense and the Congress. To carry
out such functions, the Board shall--
(1) monitor and assess the materiel readiness of the Armed
Forces;
(2) assist the Secretary of Defense in the identification of
deficiencies in the materiel readiness of the Armed Forces caused
by shortfalls in weapons systems, equipment, and supplies;
(3) identify shortfalls in materiel readiness, including
critical materiel readiness shortfalls, for purposes of the
Secretary's designations under section 872 and the funding needed
to address such shortfalls;
(4) assess the adequacy of current Department of Defense plans,
policies, and programs to address shortfalls in materiel readiness,
including critical materiel readiness shortfalls (as designated by
the Secretary under section 872), and to sustain and improve
materiel readiness;
(5) assist the Secretary of Defense in determining whether the
industrial capacity of the Department of Defense and of the defense
industrial base is being best utilized to support the materiel
readiness needs of the Armed Forces;
(6) review and assess Department of Defense systems for
measuring the status of current materiel readiness of the Armed
Forces; and
(7) make recommendations with respect to materiel readiness
funding, measurement techniques, plans, policies, and programs.
(e) Reports.--The Board shall submit to the Secretary of Defense a
report summarizing its findings and recommendations not less than once
every six months. Within 30 days after receiving a report from the
Board, the Secretary shall forward the report in its entirety, together
with his comments, to the congressional defense committees. The report
shall be submitted in unclassified form. To the extent necessary, the
report may be accompanied by a classified annex.

SEC. 872. CRITICAL MATERIEL READINESS SHORTFALLS.

(a) Designation of Critical Materiel Readiness Shortfalls.--
(1) Designation.--The Secretary of Defense may designate any
requirement of the Armed Forces for equipment or supplies as a
critical materiel readiness shortfall if there is a shortfall in
the required equipment or supplies that materially reduces
readiness of the Armed Forces and that--
(A) cannot be adequately addressed by identifying
acceptable substitute capabilities or cross leveling of
equipment that does not unacceptably reduce the readiness of
other Armed Forces; and
(B) that is likely to persist for more than two years based
on currently projected budgets and schedules for deliveries of
equipment and supplies.
(2) Consideration of board findings and recommendations.--In
making any such designation, the Secretary shall take into
consideration the findings and recommendations of the Defense
Materiel Readiness Board.
(b) Measures to Address Critical Materiel Readiness Shortfalls.--
The Secretary of Defense shall ensure that critical materiel readiness
shortfalls designated pursuant to subsection (a)(1) are transmitted to
the relevant officials of the Department of Defense responsible for
requirements, budgets, and acquisition, and that such officials
prioritize and address such shortfalls in the shortest time frame
practicable.
(c) Transfer Authority.--
(1) In general.--The amounts of authorizations that the
Secretary may transfer under the authority of section 1001 of this
Act is hereby increased by $2,000,000,000.
(2) Limitations.--The additional transfer authority provided by
this section--
(A) may be made only from authorizations to the Department
of Defense for fiscal year 2008;
(B) may be exercised solely for the purpose of addressing
critical materiel readiness shortfalls as designated by the
Secretary of Defense under subsection (a); and
(C) is subject to the same terms, conditions, and
procedures as other transfer authority under section 1001 of
this Act.
(d) Strategic Readiness Fund.--
(1) Establishment.--There is established on the books of the
Treasury a fund to be known as the Department of Defense Strategic
Readiness Fund (in this subsection referred to as the ``Fund''),
which shall be administered by the Secretary of the Treasury.
(2) Purposes.--The Fund shall be used to address critical
materiel readiness shortfalls as designated by the Secretary of
Defense under subsection (a).
(3) Assets of fund.--There shall be deposited into the Fund any
amount appropriated to the Fund, which shall constitute the assets
of the Fund.
(4) Limitation.--The procurement unit cost (as defined in
section 2432(a) of title 10, United States Code) of any item
purchased using assets of the Fund, whether such assets are in the
Fund or after such assets have been transferred from the Fund using
the authority provided in subsection (c), shall not exceed
$30,000,000.
(e) Multiyear Contract Notification.--
(1) Notification.--If the Secretary of a military department
makes the determination described in paragraph (2) with respect to
the use of a multiyear contract, the Secretary shall notify the
congressional defense committees within 30 days of the
determination and provide a detailed description of the proposed
multiyear contract.
(2) Determination.--The determination referred to in paragraph
(1) is a determination by the Secretary of a military department
that the use of a multiyear contract to procure an item to address
a critical materiel readiness shortfall--
(A) will significantly accelerate efforts to address a
critical materiel readiness shortfall;
(B) will provide savings compared to the total anticipated
costs of carrying out the contract through annual contracts;
and
(C) will serve the interest of national security.
(f) Definition.--In this section, the term ``critical materiel
readiness shortfall'' means a critical materiel readiness shortfall
designated by the Secretary of Defense under this section.

Subtitle H--Other Matters

SEC. 881. CLEARINGHOUSE FOR RAPID IDENTIFICATION AND DISSEMINATION OF
COMMERCIAL INFORMATION TECHNOLOGIES.

(a) Requirement to Establish Clearinghouse.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense, acting through the Assistant Secretary of Defense for Networks
and Information Integration, shall establish a clearinghouse for
identifying, assessing, and disseminating knowledge about readily
available information technologies (with an emphasis on commercial off-
the-shelf information technologies) that could support the warfighting
mission of the Department of Defense.
(b) Responsibilities.--The clearinghouse established pursuant to
subsection (a) shall be responsible for the following:
(1) Developing a process to rapidly assess and set priorities
and needs for significant information technology needs of the
Department of Defense that could be met by commercial technologies,
including a process for--
(A) aligning priorities and needs with the requirements of
the commanders of the combatant command; and
(B) proposing recommendations to the commanders of the
combatant command of feasible technical solutions for further
evaluation.
(2) Identifying and assessing emerging commercial technologies
(including commercial off-the-shelf technologies) that could
support the warfighting mission of the Department of Defense,
including the priorities and needs identified pursuant to paragraph
(1).
(3) Disseminating information about commercial technologies
identified pursuant to paragraph (2) to commanders of combatant
commands and other potential users of such technologies.
(4) Identifying gaps in commercial technologies and working to
stimulate investment in research and development in the public and
private sectors to address those gaps.
(5) Enhancing internal data and communications systems of the
Department of Defense for sharing and retaining information
regarding commercial technology priorities and needs, technologies
available to meet such priorities and needs, and ongoing research
and development directed toward gaps in such technologies.
(6) Developing mechanisms, including web-based mechanisms, to
facilitate communications with industry regarding the priorities
and needs of the Department of Defense identified pursuant to
paragraph (1) and commercial technologies available to address such
priorities and needs.
(7) Assisting in the development of guides to help small
information technology companies with promising technologies to
understand and navigate the funding and acquisition processes of
the Department of Defense.
(8) Developing methods to measure how well processes developed
by the clearinghouse are being utilized and to collect data on an
ongoing basis to assess the benefits of commercial technologies
that are procured on the recommendation of the clearinghouse.
(c) Personnel.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Networks and Information
Integration, shall provide for the hiring and support of employees
(including detailees from other components of the Department of Defense
and from other Federal departments or agencies) to assist in
identifying, assessing, and disseminating information regarding
commercial technologies under this section.
(d) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the implementation of this
section.

SEC. 882. AUTHORITY TO LICENSE CERTAIN MILITARY DESIGNATIONS AND
LIKENESSES OF WEAPONS SYSTEMS TO TOY AND HOBBY
MANUFACTURERS.

(a) Authority to License Certain Items.--Section 2260 of title 10,
United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Licenses for Qualifying Companies.--(1) The Secretary
concerned may license trademarks, service marks, certification marks,
and collective marks owned or controlled by the Secretary relating to
military designations and likenesses of military weapons systems to any
qualifying company upon receipt of a request from the company.
``(2) For purposes of paragraph (1), a qualifying company is any
United States company that--
``(A) is a toy or hobby manufacturer; and
``(B) is determined by the Secretary concerned to be qualified
in accordance with such criteria as determined appropriate by the
Secretary of Defense.
``(3) The fee for a license under this subsection shall not exceed
by more than a nominal amount the amount needed to recover all costs of
the Department of Defense in processing the request for the license and
supplying the license.
``(4) A license to a qualifying company under this subsection shall
provide that the license may not be transferred, sold, or relicensed by
the qualifying company.
``(5) A license under this subsection shall not be an exclusive
license.''.
(b) Effective Date.--The Secretary of Defense shall prescribe
regulations to implement the amendment made by this section not later
than 180 days after the date of the enactment of this Act.

SEC. 883. MODIFICATIONS TO LIMITATION ON CONTRACTS TO ACQUIRE MILITARY
FLIGHT SIMULATOR.

(a) Effect on Existing Contracts.--Section 832 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2331) is amended by adding at the end the following
new subsection:
``(e) Effect on Existing Contracts.--The limitation in subsection
(a) does not apply to any service contract of a military department to
acquire a military flight simulator, or to any renewal or extension of,
or follow-on contract to, such a contract, if--
``(1) the contract was in effect as of October 17, 2006;
``(2) the number of flight simulators to be acquired under the
contract (or renewal, extension, or follow-on) will not result in
the total number of flight simulators acquired by the military
department concerned through service contracts to exceed the total
number of flight simulators to be acquired under all service
contracts of such department for such simulators in effect as of
October 17, 2006; and
``(3) in the case of a renewal or extension of, or follow-on
contract to, the contract, the Secretary of the military department
concerned provides to the congressional defense committees a
written notice of the decision to exercise an option to renew or
extend the contract, or to issue a solicitation for bids or
proposals using competitive procedures for a follow-on contract,
and an economic analysis as described in subsection (c) supporting
the decision, at least 30 days before carrying out such
decision.''.
(b) Change in Grounds for Waiver.--Section 832(c)(1) of such Act,
as redesignated by subsection (a), is amend by striking ``necessary for
national security purposes'' and inserting ``in the national
interest''.

SEC. 884. REQUIREMENTS RELATING TO WAIVERS OF CERTAIN DOMESTIC SOURCE
LIMITATIONS RELATING TO SPECIALTY METALS.

(a) Notice Requirement.--At least 30 days prior to making a
domestic nonavailability determination pursuant to section 2533b(b) of
title 10, United States Code, that would apply to more than one
contract of the Department of Defense, the Secretary of Defense shall,
to the maximum extent practicable and in a manner consistent with the
protection of national security information and confidential business
information--
(1) publish a notice on the website maintained by the General
Services Administration known as FedBizOpps.gov (or any successor
site) of the Secretary's intent to make the domestic
nonavailability determination; and
(2) solicit information relevant to such notice from interested
parties, including producers of specialty metal mill products.
(b) Determination.--(1) The Secretary shall take into consideration
all information submitted pursuant to subsection (a) in making a
domestic nonavailability determination pursuant to section 2533b(b) of
title 10, United States Code, that would apply to more than one
contract of the Department of Defense, and may also consider other
relevant information that cannot be made part of the public record
consistent with the protection of national security information and
confidential business information.
(2) The Secretary shall ensure that any such determination and the
rationale for such determination is made publicly available to the
maximum extent consistent with the protection of national security
information and confidential business information.

SEC. 885. TELEPHONE SERVICES FOR MILITARY PERSONNEL SERVING IN COMBAT
ZONES.

(a) Competitive Procedures Required.--
(1) Requirement.--When the Secretary of Defense considers it
necessary to provide morale, welfare, and recreation telephone
services for military personnel serving in combat zones, the
Secretary shall use competitive procedures when entering into a
contract to provide those services.
(2) Review and determination.--Before soliciting bids or
proposals for new contracts, or considering extensions to existing
contracts, to provide morale, welfare, and recreation telephone
services for military personnel serving in combat zones, the
Secretary shall review and determine whether it is in the best
interest of the Department to require bids or proposals, or
adjustments for the purpose of extending a contract, to include
options that minimize the cost of the telephone services to
individual users while providing individual users the flexibility
of using phone cards from other than the prospective contractor.
The Secretary shall submit the results of this review and
determination to the Committees on Armed Services of the Senate and
the House of Representatives.
(b) Effective Date.--
(1) Requirement.--Subsection (a)(1) shall apply to any new
contract to provide morale, welfare, and recreation telephone
services for military personnel serving in combat zones that is
entered into after the date of the enactment of this Act.
(2) Review and determination.--Subsection (a)(2) shall apply to
any new contract or extension to an existing contract to provide
morale, welfare, and recreation telephone services for military
personnel serving in combat zones that is entered into or agreed
upon after the date of the enactment of this Act.

SEC. 886. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED
IN IRAQ AND AFGHANISTAN.

(a) In General.--In the case of a product or service to be acquired
in support of military operations or stability operations in Iraq or
Afghanistan (including security, transition, reconstruction, and
humanitarian relief activities) for which the Secretary of Defense
makes a determination described in subsection (b), the Secretary may
conduct a procurement in which--
(1) competition is limited to products or services that are
from Iraq or Afghanistan;
(2) procedures other than competitive procedures are used to
award a contract to a particular source or sources from Iraq or
Afghanistan; or
(3) a preference is provided for products or services that are
from Iraq or Afghanistan.
(b) Determination.--A determination described in this subsection is
a determination by the Secretary that--
(1) the product or service concerned is to be used only by the
military forces, police, or other security personnel of Iraq or
Afghanistan; or
(2) it is in the national security interest of the United
States to limit competition, use procedures other than competitive
procedures, or provide a preference as described in subsection (a)
because--
(A) such limitation, procedure, or preference is necessary
to provide a stable source of jobs in Iraq or Afghanistan; and
(B) such limitation, procedure, or preference will not
adversely affect--
(i) military operations or stability operations in Iraq
or Afghanistan; or
(ii) the United States industrial base.
(c) Products, Services, and Sources From Iraq or Afghanistan.--For
the purposes of this section:
(1) A product is from Iraq or Afghanistan if it is mined,
produced, or manufactured in Iraq or Afghanistan.
(2) A service is from Iraq or Afghanistan if it is performed in
Iraq or Afghanistan by citizens or permanent resident aliens of
Iraq or Afghanistan.
(3) A source is from Iraq or Afghanistan if it--
(A) is located in Iraq or Afghanistan; and
(B) offers products or services that are from Iraq or
Afghanistan.

SEC. 887. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF DEFENSE
POLICIES AND PROCEDURES FOR THE ACQUISITION OF
INFORMATION TECHNOLOGY.

(a) Review Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall direct the
Defense Science Board to carry out a review of Department of Defense
policies and procedures for the acquisition of information technology.
(b) Matters To Be Addressed.--The matters addressed by the review
required by subsection (a) shall include the following:
(1) Department of Defense policies and procedures for acquiring
national security systems, business information systems, and other
information technology.
(2) The roles and responsibilities in implementing such
policies and procedures of--
(A) the Under Secretary of Defense for Acquisition,
Technology, and Logistics;
(B) the Chief Information Officer of the Department of
Defense;
(C) the Director of the Business Transformation Agency;
(D) the service acquisition executives;
(E) the chief information officers of the military
departments;
(F) Defense Agency acquisition officials;
(G) the information officers of the Defense Agencies; and
(H) the Director of Operational Test and Evaluation and the
heads of the operational test organizations of the military
departments and the Defense Agencies.
(3) The application of such policies and procedures to
information technologies that are an integral part of weapons or
weapon systems.
(4) The requirements of subtitle III of title 40, United States
Code, and chapter 35 of title 44, United States Code, regarding
performance-based and results-based management, capital planning,
and investment control in the acquisition of information
technology.
(5) Department of Defense policies and procedures for
maximizing the usage of commercial information technology while
ensuring the security of the microelectronics, software, and
networks of the Department.
(6) The suitability of Department of Defense acquisition
regulations, including Department of Defense Directive 5000.1 and
the accompanying milestones, to the acquisition of information
technology systems.
(7) The adequacy and transparency of metrics used by the
Department of Defense for the acquisition of information technology
systems.
(8) The effectiveness of existing statutory and regulatory
reporting requirements for the acquisition of information
technology systems.
(9) The adequacy of operational and development test resources
(including infrastructure and personnel), policies, and procedures
to ensure appropriate testing of information technology systems
both during development and before operational use.
(10) The appropriate policies and procedures for technology
assessment, development, and operational testing for purposes of
the adoption of commercial technologies into information technology
systems.
(c) Report Required.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the results of the review required by
subsection (a). The report shall include the findings and
recommendations of the Defense Science Board pursuant to the review,
including such recommendations for legislative or administrative action
as the Board considers appropriate, together with any comments the
Secretary considers appropriate.

SEC. 888. GREEN PROCUREMENT POLICY.

(a) Sense of Congress.--It is the sense of Congress that the
Department of Defense should establish a system to document and track
the use of environmentally preferable products and services.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on a plan to increase the usage of environmentally friendly products
that minimize potential impacts to human health and the environment at
all Department of Defense facilities inside and outside the United
States, including through the direct purchase of products and the
purchase of products by facility maintenance contractors. The report
shall also cover consideration of the budgetary impact of
implementation of the plan.

SEC. 889. COMPTROLLER GENERAL REVIEW OF USE OF AUTHORITY UNDER THE
DEFENSE PRODUCTION ACT OF 1950.

(a) Thorough Review Required.--The Comptroller General of the
United States (in this section referred to as the ``Comptroller'')
shall conduct a thorough review of the application of the Defense
Production Act of 1950, covering the period beginning on the date of
the enactment of the Defense Production Act Reauthorization of 2003
(Public Law 108-195) and ending on the date of the enactment of this
Act.
(b) Considerations.--In conducting the review required by this
section, the Comptroller shall examine--
(1) the relevance and utility of the authorities provided under
the Defense Production Act of 1950 to meet the security challenges
of the 21st Century;
(2) the manner in which the authorities provided under such Act
have been used by the Federal Government--
(A) to meet security challenges;
(B) to meet current and future defense requirements;
(C) to meet current and future energy requirements;
(D) to meet current and future domestic emergency and
disaster response and recovery requirements;
(E) to reduce the interruption of critical infrastructure
operations during a terrorist attack, natural catastrophe, or
other similar national emergency; and
(F) to safeguard critical components of the United States
industrial base, including American aerospace and shipbuilding
industries;
(3) the economic impact of foreign offset contracts;
(4) the relative merit of developing rapid and standardized
systems for use of the authorities provided under the Defense
Production Act of 1950, by any Federal agency; and
(5) such other issues as the Comptroller determines relevant.
(c) Report to Congress.--Not later than 150 days after the date of
the enactment of this Act, the Comptroller shall submit to the
Committees on Armed Services and on Banking, Housing, and Urban Affairs
of the Senate and the Committees on Armed Services and on Financial
Services of the House of Representatives a report on the review
conducted under this section.
(d) Rules of Construction on Protection of Information.--
Notwithstanding any other provision of law--
(1) the provisions of section 705(d) of the Defense Production
Act of 1950 (50 U.S.C. App. 2155(d)) shall not apply to information
sought or obtained by the Comptroller for purposes of the review
required by this section; and
(2) provisions of law pertaining to the protection of
classified information or proprietary information otherwise
applicable to information sought or obtained by the Comptroller in
carrying out this section shall not be affected by any provision of
this section.

SEC. 890. PREVENTION OF EXPORT CONTROL VIOLATIONS.

(a) Prevention of Export Control Violations.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall prescribe regulations requiring any contractor under a
contract with the Department of Defense to provide goods or technology
that is subject to export controls under the Arms Export Control Act or
the Export Administration of 1979 (as continued in effect under the
International Emergency Economic Powers Act) to comply with those Acts
and applicable regulations with respect to such goods and technology,
including the International Traffic in Arms Regulations and the Export
Administration Regulations. Regulations prescribed under this
subsection shall include a contract clause enforcing such requirement.
(b) Training on Export Controls.--The Secretary of Defense shall
ensure that any contractor under a contract with the Department of
Defense to provide goods or technology that is subject to export
controls under the Arms Export Control Act or the Export Administration
of 1979 (as continued in effect under the International Emergency
Economic Powers Act) is made aware of any relevant resources made
available by the Department of State and the Department of Commerce to
assist in compliance with the requirement established by subsection (a)
and the need for a corporate compliance plan and periodic internal
audits of corporate performance under such plan.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report assessing the utility
of--
(1) requiring defense contractors (or subcontractors at any
tier) to periodically report on measures taken to ensure compliance
with the International Traffic in Arms Regulations and the Export
Administration Regulations;
(2) requiring periodic audits of defense contractors (or
subcontractors at any tier) to ensure compliance with all
provisions of the International Traffic in Arms Regulations and the
Export Administration Regulations;
(3) requiring defense contractors to maintain a corporate
training plan to disseminate information to appropriate contractor
personnel regarding the applicability of the Arms Export Control
Act and the Export Administration Act of 1979; and
(4) requiring a designated corporate liaison, available for
training provided by the United States Government, whose primary
responsibility would be contractor compliance with the Arms Export
Control Act and the Export Administration Act of 1979.
(d) Definitions.--In this section:
(1) Export administration regulations.--The term ``Export
Administration Regulations'' means those regulations contained in
sections 730 through 774 of title 15, Code of Federal Regulations
(or successor regulations).
(2) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means those
regulations contained in sections 120 through 130 of title 22, Code
of Federal Regulations (or successor regulations).

SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN-SERVING INSTITUTIONS AND
ALASKA NATIVE-SERVING INSTITUTIONS.

Section 2323 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) Native Hawaiian-serving institutions and Alaska
Native-serving institutions (as defined in section 317 of the
Higher Education Act of 1965).'';
(2) in subsection (a)(2), by inserting after ``Hispanic-serving
institutions,'' the following: ``Native Hawaiian-serving
institutions and Alaska Native-serving institutions,'';
(3) in subsection (c)(1), by inserting after ``Hispanic-serving
institutions,'' the following: ``Native Hawaiian-serving
institutions and Alaska Native-serving institutions,''; and
(4) in subsection (c)(3), by inserting after ``Hispanic-serving
institutions,'' the following: ``to Native Hawaiian-serving
institutions and Alaska Native-serving institutions,''.

SEC. 892. COMPETITION FOR PROCUREMENT OF SMALL ARMS SUPPLIED TO IRAQ
AND AFGHANISTAN.

(a) Competition Requirement.--For the procurement of pistols and
other weapons described in subsection (b), the Secretary of Defense
shall ensure, consistent with the provisions of section 2304 of title
10, United States Code, that--
(1) full and open competition is obtained to the maximum extent
practicable;
(2) no responsible United States manufacturer is excluded from
competing for such procurements; and
(3) products manufactured in the United States are not excluded
from the competition.
(b) Procurements Covered.--This section applies to the procurement
of the following:
(1) Pistols and other weapons less than 0.50 caliber for
assistance to the Army of Iraq, the Iraqi Police Forces, and other
Iraqi security organizations.
(2) Pistols and other weapons less than 0.50 caliber for
assistance to the Army of Afghanistan, the Afghani Police Forces,
and other Afghani security organizations.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Subtitle B--Space Activities

Subtitle C--Chemical Demilitarization Program

Subtitle D--Intelligence-Related Matters

Sec. 931. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.

Subtitle E--Roles and Missions Analysis

Subtitle F--Other Matters

Subtitle A--Department of Defense Management

SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE
HEADQUARTERS ACTIVITIES PERSONNEL AND RELATED REPORT.

(a) Repeal of Limitation.--
(1) Repeal.--Section 130a of title 10, United States Code, is
repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 3 of such title is amended by striking the item relating
to section 130a.
(b) Report Required.--The Secretary of Defense shall include a
report with the defense budget materials for each fiscal year that
includes the following information:
(1) The average number of military personnel and civilian
employees of the Department of Defense assigned to major Department
of Defense headquarters activities for each component of the
Department of Defense during the preceding fiscal year.
(2) The total increase in personnel assigned to major
headquarters activities, if any, during the preceding fiscal year--
(A) attributable to the replacement of contract personnel
with military personnel or civilian employees of the Department
of Defense, including the number of positions associated with
the replacement of contract personnel performing inherently
governmental functions; and
(B) attributable to reasons other than the replacement of
contract personnel with military personnel or civilian
employees of the Department, such as workload or operational
demand increases.
(3) An estimate of the cost savings, if any, associated with
the elimination of contracts for the performance of major
headquarters activities.
(4) The number of military personnel and civilian employees of
the Department of Defense assigned to major headquarters activities
for each component of the Department of Defense as of October 1 of
the preceding fiscal year.
(c) Definitions.--In this section:
(1) Defense budget materials.--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 that is submitted to Congress by the
President under section 1105 of title 31, United States Code.
(2) Contract personnel.--The term ``contract personnel'' means
persons hired under a contract with the Department of Defense for
the performance of major Department of Defense headquarters
activities.

SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEPUTY CHIEFS AND
ASSISTANT CHIEFS.

(a) Army.--Section 3035(b) of title 10, United States Code, is
amended to read as follows:
``(b) The Secretary of the Army shall prescribe the number of
Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of
not more than eight positions.''.
(b) Navy.--
(1) Deputy chiefs of naval operations.--Section 5036(a) of
title 10, United States Code, is amended--
(A) by striking ``There are in the Office of the Chief of
Naval Operations not more than five Deputy Chiefs of Naval
Operations,'' and inserting ``There are Deputy Chiefs of Naval
Operations in the Office of the Chief of Naval Operations,'';
and
(B) by adding at the end the following: ``The Secretary of
the Navy shall prescribe the number of Deputy Chiefs of Naval
Operations under this section and Assistant Chiefs of Naval
Operations under section 5037 of this title, for a total of not
more than eight positions.''.
(2) Assistant chiefs of naval operations.--Section 5037(a) of
such title is amended--
(A) by striking ``There are in the Office of the Chief of
Naval Operations not more than three Assistant Chiefs of Naval
Operations,'' and inserting ``There are Assistant Chiefs of
Naval Operations in the Office of the Chief of Naval
Operations,''; and
(B) by adding at the end the following: ``The Secretary of
the Navy shall prescribe the number of Assistant Chiefs of
Naval Operations in accordance with section 5036(a) of this
title.''.
(c) Air Force.--Section 8035(b) of title 10, United States Code, is
amended to read as follows:
``(b) The Secretary of the Air Force shall prescribe the number of
Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of
not more than eight positions.''.

SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT TO
DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS.

(a) Secretary of Defense.--Section 113(a) of title 10, United
States Code, is amended by striking ``10'' and inserting ``seven''.
(b) Deputy Secretary of Defense.--Section 132(a) of such title is
amended by striking ``ten'' and inserting ``seven''.
(c) Under Secretary of Defense for Policy.--Section 134(a) of such
title is amended by striking ``10'' and inserting ``seven''.

SEC. 904. MANAGEMENT OF THE DEPARTMENT OF DEFENSE.

(a) Assignment of Management Duties and Designation of a Chief
Management Officer and Deputy Chief Management Officer of the
Department of Defense.--
(1) Establishment of position.--Section 132 of title 10, United
States Code is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection (c):
``(c) The Deputy Secretary serves as the Chief Management Officer
of the Department of Defense. The Deputy Secretary shall be assisted in
this capacity by a Deputy Chief Management Officer, who shall be
appointed from civilian life by the President, by and with the advice
and consent of the Senate.''.
(2) Assignment of duties.--
(A) The Secretary of Defense shall assign duties and
authorities relating to the management of the business
operations of the Department of Defense.
(B) The Secretary shall assign such duties and authorities
to the Chief Management Officer as are necessary for that
official to effectively and efficiently organize the business
operations of the Department of Defense.
(C) The Secretary shall assign such duties and authorities
to the Deputy Chief Management Officer as are necessary for
that official to assist the Chief Management Officer to
effectively and efficiently organize the business operations of
the Department of Defense.
(D) The Deputy Chief Management Officer shall perform the
duties and have the authorities assigned by the Secretary under
subparagraph (C) and perform such duties and have such
authorities as are delegated by the Chief Management Officer.
(3) Executive schedule level iii.--Section 5314 of title 5,
United States Code, is amended by inserting after the item relating
to the Under Secretary of Defense for Intelligence the following
new item:

``Deputy Chief Management Officer of the Department of
Defense.''.
(4) Placement in osd.--Section 131(b)(2) of title 10, United
States Code, is amended--
(A) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The Deputy Chief Management Officer of the Department of
Defense.''.
(b) Assignment of Management Duties and Designation of the Chief
Management Officers of the Military Departments.--
(1) The Secretary of a military department shall assign duties
and authorities relating to the management of the business
operations of such military department.
(2) The Secretary of a military department, in assigning duties
and authorities under paragraph (1) shall designate the Under
Secretary of such military department to have the primary
management responsibility for business operations, to be known in
the performance of such duties as the Chief Management Officer.
(3) The Secretary shall assign such duties and authorities to
the Chief Management Officer as are necessary for that official to
effectively and efficiently organize the business operations of the
military department concerned.
(4) The Chief Management Officer of each military department
shall promptly provide such information relating to the business
operations of such department to the Chief Management Officer and
Deputy Chief Management Officer of the Department of Defense as is
necessary to assist those officials in the performance of their
duties.
(c) Management of Defense Business Transformation Agency.--Section
192(e)(2) of title 10, United States Code, is amended by striking
``that the Agency'' and all that follows and inserting ``that the
Director of the Agency shall report directly to the Deputy Chief
Management Officer of the Department of Defense.''.
(d) Strategic Management Plan Required.--
(1) Requirement.--The Secretary of Defense, acting through the
Chief Management Officer of the Department of Defense, shall
develop a strategic management plan for the Department of Defense.
(2) Matters covered.--Such plan shall include, at a minimum,
detailed descriptions of--
(A) performance goals and measures for improving and
evaluating the overall efficiency and effectiveness of the
business operations of the Department of Defense and achieving
an integrated management system for business support areas
within the Department of Defense;
(B) key initiatives to be undertaken by the Department of
Defense to achieve the performance goals under subparagraph
(A), together with related resource needs;
(C) procedures to monitor the progress of the Department of
Defense in meeting performance goals and measures under
subparagraph (A);
(D) procedures to review and approve plans and budgets for
changes in business operations, including any proposed changes
to policies, procedures, processes, and systems, to ensure the
compatibility of such plans and budgets with the strategic
management plan of the Department of Defense; and
(E) procedures to oversee the development of, and review
and approve, all budget requests for defense business systems.
(3) Updates.--The Secretary of Defense, acting through the
Chief Management Officer, shall update the strategic management
plan no later than July 1, 2009, and every two years thereafter and
provide a copy to the Committees on Armed Services of the Senate
and the House of Representatives.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation of this section and a
copy of the strategic management plan required by subsection (d).

SEC. 905. REVISION IN GUIDANCE RELATING TO COMBATANT COMMAND
ACQUISITION AUTHORITY.

Subparagraph (B) of section 905(b)(1) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2353) is amended by striking ``and mutually supportive of''.

SEC. 906. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES.

(a) Establishment.--
(1) In general.--Chapter 7 of title 10, United States Code, is
amended by inserting after section 182 the following new section:

``Sec. 183. Department of Defense Board of Actuaries

``(a) In General.--There shall be in the Department of Defense a
Department of Defense Board of Actuaries (hereinafter in this section
referred to as the `Board').
``(b) Members.--(1) The Board shall consist of three members who
shall be appointed by the Secretary of Defense from among qualified
professional actuaries who are members of the Society of Actuaries.
``(2) The members of the Board shall serve for a term of 15 years,
except that a member of the Board appointed to fill a vacancy occurring
before the end of the term for which the member's predecessor was
appointed shall only serve until the end of such term. A member may
serve after the end of the member's term until the member's successor
takes office.
``(3) A member of the Board may be removed by the Secretary of
Defense only for misconduct or failure to perform functions vested in
the Board.
``(4) A member of the Board who is not an employee of the United
States is entitled to receive pay at the daily equivalent of the annual
rate of basic pay of the highest rate of basic pay then currently being
paid under the General Schedule of subchapter III of chapter 53 of
title 5 for each day the member is engaged in the performance of the
duties of the Board and is entitled to travel expenses, including a per
diem allowance, in accordance with section 5703 of that title in
connection with such duties.
``(c) Duties.--The Board shall have the following duties:
``(1) To review valuations of the Department of Defense
Military Retirement Fund in accordance with section 1465(c) of this
title and submit to the President and Congress, not less often than
once every four years, a report on the status of that Fund,
including such recommendations for modifications to the funding or
amortization of that Fund as the Board considers appropriate and
necessary to maintain that Fund on a sound actuarial basis.
``(2) To review valuations of the Department of Defense
Education Benefits Fund in accordance with section 2006(e) of this
title and make recommendations to the President and Congress on
such modifications to the funding or amortization of that Fund as
the Board considers appropriate to maintain that Fund on a sound
actuarial basis.
``(3) To review valuations of such other funds as the Secretary
of Defense shall specify for purposes of this section and make
recommendations to the President and Congress on such modifications
to the funding or amortization of such funds as the Board considers
appropriate to maintain such funds on a sound actuarial basis.
``(d) Records.--The Secretary of Defense shall ensure that the
Board has access to such records regarding the funds referred to in
subsection (c) as the Board shall require to determine the actuarial
status of such funds.
``(e) Reports.--(1) The Board shall submit to the Secretary of
Defense on an annual basis a report on the actuarial status of each of
the following:
``(A) The Department of Defense Military Retirement Fund.
``(B) The Department of Defense Education Benefits Fund.
``(C) Each other fund specified by Secretary under subsection
(c)(3).
``(2) The Board shall also furnish its advice and opinion on
matters referred to it by the Secretary.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 7 of such title is amended by inserting after the item
relating to section 182 the following new item:

``183. Department of Defense Board of Actuaries''.

(3) Initial service as board members.--Each member of the
Department of Defense Retirement Board of Actuaries or the
Department of Defense Education Benefits Board of Actuaries as of
the date of the enactment of this Act shall serve as an initial
member of the Department of Defense Board of Actuaries under
section 183 of title 10, United States Code (as added by paragraph
(1)), from that date until the date otherwise provided for the
completion of such individual's term as a member of the Department
of Defense Retirement Board of Actuaries or the Department of
Defense Education Benefits Board of Actuaries, as the case may be,
unless earlier removed by the Secretary of Defense.
(b) Termination of Existing Boards of Actuaries.--
(1) Department of defense retirement board of actuaries.--(A)
Section 1464 of title 10, United States Code, is repealed.
(B) The table of sections at the beginning of chapter 74 of
such title is amended by striking the item relating to section
1464.
(2) Department of defense education benefits board of
actuaries.--Section 2006 of such title is amended--
(A) in subsection (c)(1), by striking ``subsection (g)''
and inserting ``subsection (f)'';
(B) by striking subsection (e);
(C) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively;
(D) in subsection (e), as redesignated by subparagraph (C),
by striking ``subsection (g)'' in paragraph (5) and inserting
``subsection (f)''; and
(E) in subsection (f), as so redesignated--
(i) in paragraph (2)(A), by striking ``subsection
(f)(3)'' and inserting ``subsection (e)(3)''; and
(ii) in paragraph (2)(B), by striking ``subsection
(f)(4)'' and inserting ``subsection (e)(4)''.
(c) Conforming Amendments.--
(1) Section 1175(h)(4) of title 10, United States Code, is
amended by striking ``Retirement'' the first place it appears.
(2) Section 1460(b) of such title is amended by striking
``Retirement''.
(3) Section 1466(c)(3) of such title is amended by striking
``Retirement''.
(4) Section 12521(6) of such title is amended by striking
``Department of Defense Education Benefits Board of Actuaries
referred to in section 2006(e)(1) of this title'' and inserting
``Department of Defense Board of Actuaries under section 183 of
this title''.

SEC. 907. MODIFICATION OF BACKGROUND REQUIREMENT OF INDIVIDUALS
APPOINTED AS UNDER SECRETARY OF DEFENSE FOR ACQUISITION,
TECHNOLOGY, AND LOGISTICS.

Section 133(a) of title 10, United States Code, is amended by
striking ``in the private sector''.

SEC. 908. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS FOR
ACQUISITION MATTERS; PRINCIPAL MILITARY DEPUTIES.

(a) Department of the Army.--Section 3016(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(5)(A) One of the Assistant Secretaries shall be the Assistant
Secretary of the Army for Acquisition, Technology, and Logistics. The
principal duty of the Assistant Secretary shall be the overall
supervision of acquisition, technology, and logistics matters of the
Department of the Army.
``(B) The Assistant Secretary shall have a Principal Military
Deputy, who shall be a lieutenant general of the Army on active duty.
The Principal Military Deputy shall be appointed from among officers
who have significant experience in the areas of acquisition and program
management. The position of Principal Military Deputy shall be
designated as a critical acquisition position under section 1733 of
this title.''.
(b) Department of the Navy.--Section 5016(b) of such title is
amended by adding at the end the following new paragraph:
``(4)(A) One of the Assistant Secretaries shall be the Assistant
Secretary of the Navy for Research, Development, and Acquisition. The
principal duty of the Assistant Secretary shall be the overall
supervision of research, development, and acquisition matters of the
Department of the Navy.
``(B) The Assistant Secretary shall have a Principal Military
Deputy, who shall be a vice admiral of the Navy or a lieutenant general
of the Marine Corps on active duty. The Principal Military Deputy shall
be appointed from among officers who have significant experience in the
areas of acquisition and program management. The position of Principal
Military Deputy shall be designated as a critical acquisition position
under section 1733 of this title.''.
(c) Department of the Air Force.--Section 8016(b) of such title is
amended by adding at the end the following new paragraph:
``(4)(A) One of the Assistant Secretaries shall be the Assistant
Secretary of the Air Force for Acquisition. The principal duty of the
Assistant Secretary shall be the overall supervision of acquisition
matters of the Department of the Air Force.
``(B) The Assistant Secretary shall have a Principal Military
Deputy, who shall be a lieutenant general of the Air Force on active
duty. The Principal Military Deputy shall be appointed from among
officers who have significant experience in the areas of acquisition
and program management. The position of Principal Military Deputy shall
be designated as a critical acquisition position under section 1733 of
this title.''.
(d) Duty of Principal Military Deputies To Inform Service Chiefs on
Major Defense Acquisition Programs.--Each Principal Military Deputy to
a service acquisition executive shall be responsible for keeping the
Chief of Staff of the Armed Forces concerned informed of the progress
of major defense acquisition programs.

SEC. 909. SENSE OF CONGRESS ON TERM OF OFFICE OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.

It is the sense of Congress that the term of office of the Director
of Operational Test and Evaluation of the Department of Defense should
be not less than five years.

Subtitle B--Space Activities

SEC. 911. SPACE PROTECTION STRATEGY.

(a) Sense of Congress.--It is the Sense of Congress that the United
States should place greater priority on the protection of national
security space systems.
(b) Strategy.--The Secretary of Defense, in conjunction with the
Director of National Intelligence, shall develop a strategy, to be
known as the Space Protection Strategy, for the development and
fielding by the United States of the capabilities that are necessary to
ensure freedom of action in space for the United States.
(c) Matters Included.--The strategy required by subsection (b)
shall include each of the following:
(1) An identification of the threats to, and the
vulnerabilities of, the national security space systems of the
United States.
(2) A description of the capabilities currently contained in
the program of record of the Department of Defense and the
intelligence community that ensure freedom of action in space.
(3) For each period covered by the strategy, a description of
the capabilities that are needed for the period, including--
(A) the hardware, software, and other materials or services
to be developed or procured;
(B) the management and organizational changes to be
achieved; and
(C) concepts of operations, tactics, techniques, and
procedures to be employed.
(4) For each period covered by the strategy, an assessment of
the gaps and shortfalls between the capabilities that are needed
for the period and the capabilities currently contained in the
program of record.
(5) For each period covered by the strategy, a comprehensive
plan for investment in capabilities that identifies specific
program and technology investments to be made in that period.
(6) A description of the current processes by which the systems
protection requirements of the Department of Defense and the
intelligence community are addressed in space acquisition programs
and during key milestone decisions, an assessment of the adequacy
of those processes, and an identification of the actions of the
Department and the intelligence community for addressing any
inadequacies in those processes.
(7) A description of the current processes by which the
Department of Defense and the intelligence community program and
budget for capabilities (including capabilities that are
incorporated into single programs and capabilities that span
multiple programs), an assessment of the adequacy of those
processes, and an identification of the actions of the Department
and the intelligence community for addressing any inadequacies in
those processes.
(8) A description of the organizational and management
structure of the Department of Defense and the intelligence
community for addressing policy, planning, acquisition, and
operations with respect to capabilities, a description of the roles
and responsibilities of each organization, and an identification of
the actions of the Department and the intelligence community for
addressing any inadequacies in that structure.
(d) Periods Covered.--The strategy required by subsection (b) shall
cover the following periods:
(1) Fiscal years 2008 through 2013.
(2) Fiscal years 2014 through 2019.
(3) Fiscal years 2020 through 2025.
(e) Definitions.--In this section--
(1) the term ``capabilities'' means space, airborne, and ground
systems and capabilities for space situational awareness and for
space systems protection; and
(2) the term ``intelligence community'' has the meaning given
such term in section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).
(f) Report; Biennial Update.--
(1) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense, in conjunction
with the Director of National Intelligence, shall submit to
Congress a report on the strategy required by subsection (b),
including each of the matters required by subsection (c).
(2) Biennial update.--Not later than March 15 of each even-
numbered year after 2008, the Secretary of Defense, in conjunction
with the Director of National Intelligence, shall submit to
Congress an update to the report required by paragraph (1).
(3) Classification.--The report required by paragraph (1), and
each update required by paragraph (2), shall be in unclassified
form, but may include a classified annex.
(g) Conforming Repeal.--Section 911 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3405; 10 U.S.C. 2271 note) is repealed.

SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE CADRE WITHIN THE
DEPARTMENT OF DEFENSE.

(a) In General.--Chapter 23 of title 10, United States Code, is
amended by adding at the end the following new section:

``Sec. 490. Space cadre management: biennial report

``(a) Requirement.--The Secretary of Defense and each Secretary of
a military department shall develop metrics and use these metrics to
identify, track, and manage space cadre personnel within the Department
of Defense to ensure the Department has sufficient numbers of personnel
with the expertise, training, and experience to meet current and future
national security space needs.
``(b) Biennial Report Required.--
``(1) In general.--Not later than 180 days after the date of
the enactment of this section, and every even-numbered year
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on the management of the
space cadre.
``(2) Matters included.--The report required by paragraph (1)
shall include--
``(A) the number of active duty, reserve duty, and
government civilian space-coded billets that--
``(i) are authorized or permitted to be maintained for
each military department and defense agency;
``(ii) are needed or required for each military
department and defense agency for the year in which the
submission of the report is required; and
``(iii) are needed or required for each military
department and defense agency for each of the five years
following the date of the submission of the report;
``(B) the actual number of active duty, reserve duty, and
government civilian personnel that are coded or classified as
space cadre personnel within the Department of Defense,
including the military departments and defense agencies;
``(C) the number of personnel recruited or hired as
accessions to serve in billets coded or classified as space
cadre personnel for each military department and defense
agency;
``(D) the number of personnel serving in billets coded or
classified as space cadre personnel that discontinued serving
each military department and defense agency during the
preceding calendar year;
``(E) for each of the reporting requirements in
subparagraphs (A) through (D), further classification of the
number of personnel by--
``(i) space operators, acquisition personnel,
engineers, scientists, program managers, and other space-
related areas identified by the Department;
``(ii) expertise or technical specialization area--

``(I) such as communications, missile warning,
spacelift, and any other space-related specialties
identified by the Department or classifications used by
the Department; and
``(II) consistent with section 1721 of this title
for acquisition personnel;

``(iii) rank for active duty and reserve duty personnel
and grade for government civilian personnel;
``(iv) qualification, expertise, or proficiency level
consistent with service and agency-defined qualification,
expertise, or proficiency levels; and
``(v) any other such space-related classification
categories used by the Department or military departments;
and
``(F) any other metrics identified by the Department to
improve the identification, tracking, training, and management
of space cadre personnel.
``(3) Assessments.--The report required by paragraph (1) shall
also include the Secretary's assessment of the state of the
Department's space cadre, the Secretary's assessment of the space
cadres of the military departments, and a description of efforts to
ensure the Department has a space cadre sufficient to meet current
and future national security space needs.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``490. Space cadre management: biennial report.''.

SEC. 913. ADDITIONAL REPORT ON OVERSIGHT OF ACQUISITION FOR DEFENSE
SPACE PROGRAMS.

Section 911(b)(1) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2621) is
amended by inserting ``, and March 15, 2008,'' after ``March 15,
2003,''.

Subtitle C--Chemical Demilitarization Program

SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMISSIONS.

(a) Functions.--Section 172 of the National Defense Authorization
Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is amended--
(1) in each of subsections (b) and (f), by striking ``Assistant
Secretary of the Army (Research, Development and Acquisition)'' and
inserting ``Assistant Secretary of the Army (Acquisition,
Logistics, and Technology)''; and
(2) in subsection (g), by striking ``Assistant Secretary of the
Army (Research, Development, and Acquisition)'' and inserting
``Assistant Secretary of the Army (Acquisition, Logistics, and
Technology)''.
(b) Termination.--Such section is further amended in subsection (h)
by striking ``after the stockpile located in that commission's State
has been destroyed'' and inserting ``after the closure activities
required pursuant to regulations promulgated by the Administrator of
the Environmental Protection Agency pursuant to the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) have been completed for the
chemical agent destruction facility in the commission's State, or upon
the request of the Governor of the commission's State, whichever occurs
first''.

SEC. 922. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION OF UNITED
STATES CHEMICAL WEAPONS STOCKPILE.

(a) Findings.--Congress makes the following findings:
(1) The Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on Their
Destruction, done at Paris on January 13, 1993 (commonly referred
to as the ``Chemical Weapons Convention''), requires that
destruction of the entire United States chemical weapons stockpile
be completed by not later than April 29, 2007.
(2) In 2006, under the terms of the Chemical Weapons
Convention, the United States requested and received a one-time, 5-
year extension of its chemical weapons destruction deadline to
April 29, 2012.
(3) On April 10, 2006, the Secretary of Defense notified
Congress that the United States would not meet even the extended
deadline under the Chemical Weapons Convention for destruction of
the United States chemical weapons stockpile, but would ``continue
working diligently to minimize the time to complete destruction
without sacrificing safety and security'' and would also ``continue
requesting resources needed to complete destruction as close to
April 2012 as practicable''.
(4) The United States chemical demilitarization program has met
its one percent, 20 percent, and extended 45 percent destruction
deadlines under the Chemical Weapons Convention.
(5) Destroying the remaining stockpile of United States
chemical weapons is imperative for public safety and homeland
security, and doing so by April 2012, in accordance with the
current destruction deadline provided under the Chemical Weapons
Convention, is required by United States law.
(6) The elimination of chemical weapons anywhere they exist in
the world, and the prevention of their proliferation, is of utmost
importance to the national security of the United States.
(7) Section 921(b)(3) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2359) contained a sense of Congress urging the Secretary of
Defense to ensure 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.
(8) Section 921(b)(4) of that Act contained a sense of Congress
urging the Secretary of Defense to propose a credible treatment and
disposal process with the support of affected communities. In this
regard, any such process should provide for sufficient
communication and consultation between representatives of the
Department of Defense and representatives of affected States and
communities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States is, and must remain, committed to making
every effort to safely dispose of its entire chemical weapons
stockpile by April 2012, the current destruction deadline provided
under the Chemical Weapons Convention, or as soon thereafter as
possible, and must carry out all of its other obligations under the
Convention; and
(2) the Secretary of Defense should make every effort to plan
for, and to request in the annual budget of the President submitted
to Congress adequate funding to complete, the elimination of the
United States chemical weapons stockpile in accordance with United
States obligations under the Chemical Weapons Convention and in a
manner that will protect public health, safety, and the
environment, as required by law.
(c) Reports Required.--
(1) In general.--Not later than March 15, 2008, and every 180
days thereafter until the year in which the United States completes
the destruction of its entire stockpile of chemical weapons under
the terms of the Chemical Weapons Convention, the Secretary of
Defense shall submit to the members and committees of Congress
referred to in paragraph (3) a report on the implementation by the
United States of its chemical weapons destruction obligations under
the Chemical Weapons Convention.
(2) Elements.--Each report under paragraph (1) shall include
the following:
(A) The anticipated schedule at the time of such report for
the completion of destruction of chemical agents, munitions,
and materiel at each chemical weapons demilitarization facility
in the United States.
(B) A description of the options and alternatives for
accelerating the completion of chemical weapons destruction at
each such facility, particularly in time to meet the
destruction deadline of April 29, 2012, currently provided by
the Chemical Weapons Convention, and by December 31, 2017.
(C) A description of the funding required to achieve each
of the options for destruction described under subparagraph
(B), and a detailed life-cycle cost estimate for each of the
affected facilities included in each such funding profile.
(D) A description of all actions being taken by the United
States to accelerate the destruction of its entire stockpile of
chemical weapons, agents, and materiel in order to meet the
current destruction deadline under the Chemical Weapons
Convention of April 29, 2012, or as soon thereafter as
possible.
(3) Members and committees of congress.--The members and
committees of Congress referred to in this paragraph are--
(A) the majority leader of the Senate, the minority leader
of the Senate, and the Committees on Armed Services and
Appropriations of the Senate; and
(B) the Speaker of the House of Representatives, the
majority leader of the House of Representatives, the minority
leader of the House of Representatives, and the Committees on
Armed Services and Appropriations of the House of
Representatives.

SEC. 923. REPEAL OF CERTAIN QUALIFICATIONS REQUIREMENT FOR DIRECTOR OF
CHEMICAL DEMILITARIZATION MANAGEMENT ORGANIZATION.

Section 1412(e)(3) of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521(e)(3)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).

SEC. 924. MODIFICATION OF TERMINATION OF ASSISTANCE TO STATE AND LOCAL
GOVERNMENTS AFTER COMPLETION OF THE DESTRUCTION OF THE
UNITED STATES CHEMICAL WEAPONS STOCKPILE.

Subparagraph (B) of section 1412(c)(5) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(c)(5)) is amended to read as
follows:
``(B) Assistance may be provided under this paragraph for
capabilities to respond to emergencies involving an installation or
facility as described in subparagraph (A) until the earlier of the
following:
``(i) The date of the completion of all grants and cooperative
agreements with respect to the installation or facility for
purposes of this paragraph between the Federal Emergency Management
Agency and the State and local governments concerned.
``(ii) The date that is 180 days after the date of the
completion of the destruction of lethal chemical agents and
munitions at the installation or facility.''.

Subtitle D--Intelligence-Related Matters

SEC. 931. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING
FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004.

(a) References to Head of Intelligence Community.--Title 10, United
States Code, is amended by striking ``Director of Central
Intelligence'' each place it appears in the following provisions and
inserting ``Director of National Intelligence'':
(1) Section 192(c)(2).
(2) Section 193(d)(2).
(3) Section 193(e).
(4) Section 201(a).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 426(a)(3).
(8) Section 426(b)(2).
(9) Section 441(c).
(10) Section 441(d).
(11) Section 443(d).
(12) Section 2273(b)(1).
(13) Section 2723(a).
(b) References to Head of Central Intelligence Agency.--Such title
is further amended by striking ``Director of Central Intelligence''
each place it appears in the following provisions and inserting
``Director of the Central Intelligence Agency'':
(1) Section 431(b)(1).
(2) Section 444.
(3) Section 1089(g).
(c) Other Amendments.--
(1) Subsection headings.--
(A) Section 441(c).--The heading of subsection (c) of
section 441 of such title is amended by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''.
(B) Section 443(d).--The heading of subsection (d) of
section 443 of such title is amended by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''.
(2) Section 201.--Section 201 of such title is further
amended--
(A) in subsection (b)(1), to read as follows:
``(1) In the event of a vacancy in a position referred to in
paragraph (2), before appointing an individual to fill the vacancy
or recommending to the President an individual to be nominated to
fill the vacancy, the Secretary of Defense shall obtain the
concurrence of the Director of National Intelligence as provided in
section 106(b) of the National Security Act of 1947 (50 U.S.C. 403-
6(b)).''; and
(B) in subsection (c)(1), by striking ``National Foreign
Intelligence Program'' and inserting ``National Intelligence
Program''.

Subtitle E--Roles and Missions Analysis

SEC. 941. REQUIREMENT FOR QUADRENNIAL ROLES AND MISSIONS REVIEW.

(a) Requirement for Review.--
(1) In general.--Chapter 2 of title 10, United States Code, is
amended by inserting after section 118a the following new section:

``Sec. 118b. Quadrennial roles and missions review

``(a) Review Required.--The Secretary of Defense shall every four
years conduct a comprehensive assessment (to be known as the
`quadrennial roles and missions review') of the roles and missions of
the armed forces and the core competencies and capabilities of the
Department of Defense to perform and support such roles and missions.
``(b) Independent Military Assessment of Roles and Missions.--(1)
In each year in which the Secretary of Defense is required to conduct a
comprehensive assessment pursuant to subsection (a), the Chairman of
the Joint Chiefs of Staff shall prepare and submit to the Secretary the
Chairman's assessment of the roles and missions of the armed forces and
the assignment of functions to the armed forces, together with any
recommendations for changes in assignment that the Chairman considers
necessary to achieve maximum efficiency and effectiveness of the armed
forces.
``(2) The Chairman's assessment shall be conducted so as to--
``(A) organize the significant missions of the armed forces
into core mission areas that cover broad areas of military
activity;
``(B) ensure that core mission areas are defined and functions
are assigned so as to avoid unnecessary duplication of effort among
the armed forces; and
``(C) provide the Chairman's recommendations with regard to
issues to be addressed by the Secretary of Defense under subsection
(c).
``(c) Identification of Core Mission Areas and Core Competencies
and Capabilities.--Upon receipt of the Chairman's assessment, and after
giving appropriate consideration to the Chairman's recommendations, the
Secretary of Defense shall identify--
``(1) the core mission areas of the armed forces;
``(2) the core competencies and capabilities that are
associated with the performance or support of a core mission area
identified pursuant to paragraph (1);
``(3) the elements of the Department of Defense (including any
other office, agency, activity, or command described in section
111(b) of this title) that are responsible for providing the core
competencies and capabilities required to effectively perform the
core missions identified pursuant to paragraph (1);
``(4) any gaps in the ability of the elements (or other office,
agency activity, or command) of the Department of Defense to
provide core competencies and capabilities required to effectively
perform the core missions identified pursuant to paragraph (1);
``(5) any unnecessary duplication of core competencies and
capabilities between defense components; and
``(6) a plan for addressing any gaps or unnecessary duplication
identified pursuant to paragraph (4) or paragraph (5).
``(d) Report.--The Secretary shall submit a report on the
quadrennial roles and missions review to the Committees on Armed
Services of the Senate and the House of Representatives. The report
shall be submitted in the year following the year in which the review
is conducted, but not later than the date on which the President
submits the budget for the next fiscal year to Congress under section
1105(a) of title 31.''.
(b) Repeal of Superseded Provision.--Section 118(e) of title 10,
United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) Timing of Quadrennial Roles and Missions Review.--
(1) First review.--The first quadrennial roles and missions
review under section 118b of title 10, United States Code, as added
by subsection (a), shall be conducted during 2008.
(2) Subsequent reviews.--Subsequent reviews shall be conducted
every four years, beginning in 2011.

SEC. 942. JOINT REQUIREMENTS OVERSIGHT COUNCIL ADDITIONAL DUTIES
RELATING TO CORE MISSION AREAS.

(a) Revisions in Mission.--Subsection (b) of section 181 of title
10, United States Code, is amended to read as follows:
``(b) Mission.--In addition to other matters assigned to it by the
President or Secretary of Defense, the Joint Requirements Oversight
Council shall--
``(1) assist the Chairman of the Joint Chiefs of Staff--
``(A) in identifying, assessing, and approving joint
military requirements (including existing systems and
equipment) to meet the national military strategy; and
``(B) in identifying the core mission area associated with
each such requirement;
``(2) assist the Chairman in establishing and assigning
priority levels for joint military requirements;
``(3) assist the Chairman in reviewing the estimated level of
resources required in the fulfillment of each joint military
requirement and in ensuring that such resource level is consistent
with the level of priority assigned to such requirement; and
``(4) assist acquisition officials in identifying alternatives
to any acquisition program that meet joint military requirements
for the purposes of section 2366a(a)(4), section 2366b(b), and
section 2433(e)(2) of this title.''.
(b) Advisors.--Section 181 of such title is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Advisors.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics, the Under Secretary of Defense
(Comptroller), and the Director of the Office of Program Analysis and
Evaluation shall serve as advisors to the Council on matters within
their authority and expertise.''.
(c) Organization.--Section 181 of such title is further amended by
inserting after subsection (d) (as inserted by subsection (b)) the
following new subsection (e):
``(e) Organization.--The Joint Requirements Oversight Council shall
conduct periodic reviews of joint military requirements within a core
mission area of the Department of Defense. In any such review of a core
mission area, the officer or official assigned to lead the review shall
have a deputy from a different military department.''.
(d) Definitions.--Section 181 of such title is further amended by
adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) The term `joint military requirement' means a capability
necessary to fulfill a gap in a core mission area of the Department
of Defense.
``(2) The term `core mission area' means a core mission area of
the Department of Defense identified under the most recent
quadrennial roles and missions review pursuant to section 118b of
this title.''.
(e) Consultation.--Section 2433(e)(2) of such title is amended by
inserting ``, after consultation with the Joint Requirements Oversight
Council regarding program requirements,'' after ``Secretary of
Defense'' in the matter preceding subparagraph (A).
(f) Deadlines.--Effective June 1, 2009, all joint military
requirements documents of the Joint Requirements Oversight Council
produced to carry out its mission under section 181(b)(1) of title 10,
United States Code, shall reference the core mission areas organized
and defined under section 118b of such title. Not later than October 1,
2009, all such documents produced before June 1, 2009, shall reference
such structure.

SEC. 943. REQUIREMENT FOR CERTIFICATION OF MAJOR SYSTEMS PRIOR TO
TECHNOLOGY DEVELOPMENT.

(a) Requirement for Certification.--
(1) In general.--Chapter 139 of title 10, United States Code,
is amended by inserting after section 2366a the following new
section:

``Sec. 2366b. Major defense acquisition programs: certification
required before Milestone A or Key Decision Point A
approval

``(a) Certification.--A major defense acquisition program may not
receive Milestone A approval, or Key Decision Point A approval in the
case of a space program, until the Milestone Decision Authority
certifies, after consultation with the Joint Requirements Oversight
Council on matters related to program requirements and military needs--
``(1) that the system fulfills an approved initial capabilities
document;
``(2) that the system is being executed by an entity with a
relevant core competency as identified by the Secretary of Defense
under section 118b of this title;
``(3) if the system duplicates a capability already provided by
an existing system, the duplication provided by such system is
necessary and appropriate; and
``(4) that a cost estimate for the system has been submitted
and that the level of resources required to develop and procure the
system is consistent with the priority level assigned by the Joint
Requirements Oversight Council.
``(b) Notification.--With respect to a major system certified by
the Milestone Decision Authority under subsection (a), if the projected
cost of the system, at any time prior to Milestone B approval, exceeds
the cost estimate for the system submitted at the time of the
certification by at least 25 percent, the program manager for the
system concerned shall notify the Milestone Decision Authority. The
Milestone Decision Authority, in consultation with the Joint
Requirements Oversight Council on matters related to program
requirements and military needs, shall determine whether the level of
resources required to develop and procure the system remains consistent
with the priority level assigned by the Joint Requirements Oversight
Council. The Milestone Decision Authority may withdraw the
certification concerned or rescind Milestone A approval (or Key
Decision Point A approval in the case of a space program) if the
Milestone Decision Authority determines that such action is in the
interest of national defense.
`` (c)Definitions.--In this section:
``(1) The term `major system' has the meaning provided in
section 2302(5) of this title.
``(2) The term `initial capabilities document' means any
capabilities requirement document approved by the Joint
Requirements Oversight Council that establishes the need for a
materiel approach to resolve a capability gap.
``(3) The term `technology development program' means a
coordinated effort to assess technologies and refine user
performance parameters to fulfill a capability gap identified in an
initial capabilities document.
``(4) The term `entity' means an entity listed in section
125a(a) of this title.
``(5) The term `Milestone B approval' has the meaning provided
that term in section 2366(e)(7) of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:

``2366b. Major defense acquisition programs: certification required
before Milestone A or Key Decision Point A approval.''.

(b) Review of Department of Defense Acquisition Directives.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall review Department of Defense Directive
5000.1 and associated guidance, and the manner in which such directive
and guidance have been implemented, and take appropriate steps to
ensure that the Department does not commence a technology development
program for a major weapon system without Milestone A approval (or Key
Decision Point A approval in the case of a space program).
(c) Effective Date.--Section 2366b of title 10, United States Code,
as added by subsection (a), shall apply to major systems on and after
March 1, 2008.

SEC. 944. PRESENTATION OF FUTURE-YEARS MISSION BUDGET BY CORE MISSION
AREA.

(a) Time of Submission of Future-Years Mission Budget.--The second
sentence of section 222(a) of title 10, United States Code, is amended
to read as follows: ``That budget shall be submitted for any fiscal
year with the future-years defense program submitted under section 221
of this title.''.
(b) Organization of Future-Years Mission Budget.--The second
sentence of section 222(b) of such title is amended by striking ``on
the basis'' and all that follows through the end of the sentence and
inserting the following: ``on the basis of both major force programs
and the core mission areas identified under the most recent quadrennial
roles and missions review pursuant to section 118b of this title.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the future-years mission budget for fiscal year
2010 and each fiscal year thereafter.

Subtitle F--Other Matters

SEC. 951. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF CLIMATE
CHANGE ON DEPARTMENT FACILITIES, CAPABILITIES, AND
MISSIONS.

(a) Consideration of Climate Change Effect.--Section 118 of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(g) Consideration of Effect of Climate Change on Department
Facilities, Capabilities, and Missions.--(1) The first national
security strategy and national defense strategy prepared after the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 2008 shall include guidance for military planners--
``(A) to assess the risks of projected climate change to
current and future missions of the armed forces;
``(B) to update defense plans based on these assessments,
including working with allies and partners to incorporate climate
mitigation strategies, capacity building, and relevant research and
development; and
``(C) to develop the capabilities needed to reduce future
impacts.
``(2) The first quadrennial defense review prepared after the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 2008 shall also examine the capabilities of the armed forces to
respond to the consequences of climate change, in particular,
preparedness for natural disasters from extreme weather events and
other missions the armed forces may be asked to support inside the
United States and overseas.
``(3) For planning purposes to comply with the requirements of this
subsection, the Secretary of Defense shall use--
``(A) the mid-range projections of the fourth assessment report
of the Intergovernmental Panel on Climate Change;
``(B) subsequent mid-range consensus climate projections if
more recent information is available when the next national
security strategy, national defense strategy, or quadrennial
defense review, as the case may be, is conducted; and
``(C) findings of appropriate and available estimations or
studies of the anticipated strategic, social, political, and
economic effects of global climate change and the implications of
such effects on the national security of the United States.
``(4) In this subsection, the term `national security strategy'
means the annual national security strategy report of the President
under section 108 of the National Security Act of 1947 (50 U.S.C.
404a).''.
(b) Implementation.--The Secretary of Defense shall ensure that
subsection (g) of section 118 of title 10, United States Code, as added
by subsection (a), is implemented in a manner that does not have a
negative impact on the national security of the United States.

SEC. 952. INTERAGENCY POLICY COORDINATION.

(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop and
submit to Congress a plan to improve and reform the Department of
Defense's participation in and contribution to the interagency
coordination process on national security issues.
(b) Elements.--The elements of the plan shall include the
following:
(1) Assigning either the Under Secretary of Defense for Policy
or another official to be the lead policy official for improving
and reforming the interagency coordination process on national
security issues for the Department of Defense, with an explanation
of any decision to name an official other than the Under Secretary
and the relative advantages and disadvantages of such decision.
(2) Giving the official assigned under paragraph (1) the
following responsibilities:
(A) To be the lead person at the Department of Defense for
the development of policy affecting the national security
interagency process.
(B) To serve, or designate a person to serve, as the
representative of the Department of Defense in Federal
Government forums established to address interagency policy,
planning, or reforms.
(C) To advocate, on behalf of the Secretary, for greater
interagency coordination and contributions in the execution of
the National Security Strategy and particularly specific
operational objectives undertaken pursuant to that strategy.
(D) To make recommendations to the Secretary of Defense on
changes to existing Department of Defense regulations or laws
to improve the interagency process.
(E) To serve as the coordinator for all planning and
training assistance that is--
(i) designed to improve the interagency process or the
capabilities of other agencies to work with the Department
of Defense; and
(ii) provided by the Department of Defense at the
request of other agencies.
(F) To serve as the lead official in Department of Defense
for the development of deployable joint interagency task
forces.
(c) Factors To Be Considered.--In drafting the plan, the Secretary
of Defense shall also consider the following factors:
(1) How the official assigned under subsection (b)(1) shall
provide input to the Secretary of Defense on an ongoing basis on
how to incorporate the need to coordinate with other agencies into
the establishment and reform of combatant commands.
(2) How such official shall develop and make recommendations to
the Secretary of Defense on a regular or an ongoing basis on
changes to military and civilian personnel to improve interagency
coordination.
(3) How such official shall work with the combatant command
that has the mission for joint warfighting experimentation and
other interested agencies to develop exercises to test and validate
interagency planning and capabilities.
(4) How such official shall lead, coordinate, or participate in
after-action reviews of operations, tests, and exercises to capture
lessons learned regarding the functioning of the interagency
process and how those lessons learned will be disseminated.
(5) The role of such official in ensuring that future defense
planning guidance takes into account the capabilities and needs of
other agencies.
(d) Recommendation on Changes in Law.--The Secretary of Defense may
submit with the plan or with any future budget submissions
recommendations for any changes to law that are required to enhance the
ability of the official assigned under subsection (b)(1) in the
Department of Defense to coordinate defense interagency efforts or to
improve the ability of the Department of Defense to work with other
agencies.
(e) Annual Report.--If an official is named by the Secretary of
Defense under subsection (b)(1), the official shall annually submit to
Congress a report, beginning in the fiscal year following the naming of
the official, on those actions taken by the Department of Defense to
enhance national security interagency coordination, the views of the
Department of Defense on efforts and challenges in improving the
ability of agencies to work together, and suggestions on changes needed
to laws or regulations that would enhance the coordination of efforts
of agencies.
(f) Definition.--In this section, the term ``interagency
coordination'', within the context of Department of Defense
involvement, means the coordination that occurs between elements of the
Department of Defense and engaged Federal Government agencies for the
purpose of achieving an objective.
(g) Construction.--Nothing in this provision shall be construed as
preventing the Secretary of Defense from naming an official with the
responsibilities listed in subsection (b) before the submission of the
report required under this section.

SEC. 953. EXPANSION OF EMPLOYMENT CREDITABLE UNDER SERVICE AGREEMENTS
UNDER NATIONAL SECURITY EDUCATION PROGRAM.

Paragraph (2) of subsection (b) of section 802 of the David L.
Boren National Security Education Act of 1991 (50 U.S.C. 1902), as most
recently amended by section 945 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2367), is amended--
(1) in subparagraph (A)--
(A) in clause (i) by striking ``or'' at the end; and
(B) by adding at the end the following:
``(iii) for not less than one academic year in a
position in the field of education in a discipline related
to the study supported by the program if the recipient
demonstrates to the Secretary of Defense that no position
is available in the departments, agencies, and offices
covered by clauses (i) and (ii); or''; and
(2) in subparagraph (B)--
(A) in clause (i) by striking ``or'' at the end;
(B) in clause (ii) by striking ``and'' at the end and
inserting ``or''; and
(C) by adding at the end the following:
``(iii) for not less than one academic year in a
position in the field of education in a discipline related
to the study supported by the program if the recipient
demonstrates to the Secretary of Defense that no position
is available in the departments, agencies, and offices
covered by clauses (i) and (ii); and''.

SEC. 954. BOARD OF REGENTS FOR THE UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.

(a) Reorganization and Amendment of Board of Regents Provisions.--
(1) In general.--Chapter 104 of title 10, United States Code,
is amended by inserting after section 2113 the following new
section:

``Sec. 2113a. Board of Regents

``(a) In General.--To assist the Secretary of Defense in an
advisory capacity, there is a Board of Regents of the University.
``(b) Membership.--The Board shall consist of--
``(1) nine persons outstanding in the fields of health and
health education who shall be appointed from civilian life by the
Secretary of Defense;
``(2) the Secretary of Defense, or his designee, who shall be
an ex officio member;
``(3) the surgeons general of the uniformed services, who shall
be ex officio members; and
``(4) the President of the University, who shall be a nonvoting
ex officio member.
``(c) Term of Office.--The term of office of each member of the
Board (other than ex officio members) shall be six years except that--
``(1) any member appointed to fill a vacancy occurring before
the expiration of the term for which his predecessor was appointed
shall be appointed for the remainder of such term; and
``(2) any member whose term of office has expired shall
continue to serve until his successor is appointed.
``(d) Chairman.--One of the members of the Board (other than an ex
officio member) shall be designated by the Secretary as Chairman. He
shall be the presiding officer of the Board.
``(e) Compensation.--Members of the Board (other than ex officio
members) while attending conferences or meetings or while otherwise
performing their duties as members shall be entitled to receive
compensation at a rate to be fixed by the Secretary and shall also be
entitled to receive an allowance for necessary travel expenses while so
serving away from their place of residence.
``(f) Meetings.--The Board shall meet at least once a quarter.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:

``2113a. Board of Regents.''.

(3) Conforming amendments.--
(A) Section 2113 of title 10, United States Code, is
amended--
(i) in subsection (a), by striking ``To assist'' and
all that follows through the end of paragraph (4);
(ii) by striking subsections (b), (c), and (e);
(iii) by redesignating subsections (d), (f), (g), (h),
(i), and (j) as subsections (b), (c), (d), (e), (f), and
(g), respectively; and
(iv) in subsection (b), as so redesignated, by striking
``who shall also serve as a nonvoting ex officio member of
the Board''.
(B) Section 2114(h) of such title is amended by striking
``2113(h)'' and inserting ``2113(e)''.
(b) Statutory Redesignation of Dean as President.--
(1) Subsection 2113 of such title is further amended by
striking ``Dean'' each place it appears in subsections (b) and
(c)(1), as redesignated by subsection (a)(3), and inserting
``President''.
(2) Section 2114(e) of such title is amended by striking
``Dean'' each place it appears in paragraphs (3) and (5).

SEC. 955. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SCHOOL OF NURSING.

(a) Establishment Plan Required.--Not later than February 1, 2008,
the Secretary of Defense shall submit to the congressional defense
committees a plan to establish a School of Nursing within the Uniformed
Services University of the Health Sciences. The Secretary shall develop
the plan in consultation with the Board of Regents of the Uniformed
Services University of the Health Sciences and submit the plan to the
Board of Regents for review and to solicit the Board's recommendations.
(b) Programs of Instruction.--In consultation with the Secretaries
of the military departments, the Secretary of Defense shall include in
the plan required by subsection (a) programs of instruction for the
School of Nursing that would lead to the award of a bachelor of science
in nursing and such other baccalaureate or graduate degrees in nursing
as the Secretary considers appropriate. The plan shall also address the
enrollment as students of enlisted members and officers of the Armed
Forces and civilians for the purpose of commissioning them as military
nursing officers upon graduation. The graduates of such a program of
instruction shall be fully eligible to meet credentialing and licensing
requirements of the military departments and at least one State in
their program of study.
(c) Consideration of Certain Programs.--In developing the plan
under subsection (a), the Secretary shall consider the inclusion of the
following types of programs:
(1) A program to enroll students who already possess an
associate degree in nursing so that they can earn a bachelor of
science in nursing.
(2) A program to enroll students who already possess other
associate degrees so that they can earn a bachelor of science in
nursing.
(3) A program to enroll students who already possess an
associate degree in nursing so that they can earn a master of
science in nursing.
(4) A program to enroll students who already possess a bachelor
of science in nursing so that they can earn a master of science in
nursing.
(d) Other Considerations.--The plan required by subsection (a)
shall also include the following:
(1) The results of a study of the nursing shortage in the
Department of Defense and the reasons for such shortages.
(2) Details of the curriculum and degree requirements for each
category of students at the School of Nursing, if established.
(3) An analysis of the contributions to overall medical
readiness that will be made by the School of Nursing.
(4) Proposals for the development of the School of Nursing to
be phased in over a period of time.
(5) Faculty requirements based on degree requirements and
numbers of projected students, to include the source and number of
faculty required.
(6) Projected number of graduates per year for each of the
first 15 years of operation.
(7) Predicted accession sources, military career paths, and
service commitments and retention rates of School of Nursing
graduates, to include the retention of enlisted personnel accessed
into the school.
(8) Administrative and instructional facilities required, and
the likely initial and final location of clinical training
institutions.
(9) Plan for accreditation by a nationally recognized nursing
school accrediting body.
(10) Projected faculty, administration, instruction, and
facilities costs for the School of Nursing beginning in fiscal year
2009 and continuing through fiscal year 2024, including the cost
analysis of developing the School of Nursing and the cost of
additional administrative support for the Uniformed Services
University of the Health Sciences on account of the establishment
of the school.
(e) Effect on Current Programs.--Notwithstanding the development of
the plan under subsection (a), the Secretary shall ensure that graduate
degree programs in nursing, including advanced practice nursing,
continue.
(f) Effect on Other Recruitment Efforts.--Nothing in this section
shall be construed as limiting or terminating any current or future
program related to the recruitment, accession, training, or retention
of military nurses.
(g) Establishment Authority.--
(1) Establishment.--Chapter 104 of title 10, United States
Code, is amended by adding at the end the following new section:

``Sec. 2117. School of Nursing

``(a) Establishment Authorized.--The Secretary of Defense may
establish a School of Nursing within the University. The School of
Nursing may include a program that awards a bachelor of science in
nursing.
``(b) Phased Development.--The School of Nursing may be developed
in phases as determined appropriate by the Secretary.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:

``2117. School of Nursing.''.

SEC. 956. INCLUSION OF COMMANDERS OF WESTERN HEMISPHERE COMBATANT
COMMANDS IN BOARD OF VISITORS OF WESTERN HEMISPHERE
INSTITUTE FOR SECURITY COOPERATION.

Subparagraph (F) of section 2166(e)(1) of title 10, United States
Code, is amended to read as follows:
``(F) The commanders of the combatant commands having
geographic responsibility for the Western Hemisphere, or the
designees of those officers.''.

SEC. 957. COMPTROLLER GENERAL ASSESSMENT OF REORGANIZATION OF THE
OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR POLICY.

(a) Assessment Required.--Not later than June 1, 2008, the
Comptroller General of the United States shall submit to the
congressional defense committees a report containing an assessment of
the most recent reorganization of the office of the Under Secretary of
Defense for Policy, including an assessment with respect to the matters
set forth in subsection (b).
(b) Matters To Be Assessed.--The matters to be included in the
assessment required by subsection (a) are as follows:
(1) The manner in which the reorganization of the office
furthers, or will further, its stated purposes in the short-term
and long-term, including the manner in which the reorganization
enhances, or will enhance, the ability of the Department of
Defense--
(A) to address current security priorities, including on-
going military operations in Iraq, Afghanistan, and elsewhere;
(B) to manage geopolitical defense relationships; and
(C) to anticipate future strategic shifts in those
relationships.
(2) The manner in which and the extent to which the
reorganization adheres to generally accepted principles of
effective organization, such as establishing clear goals,
identifying clear lines of authority and accountability, and
developing an effective human capital strategy.
(3) The extent to which the Department has developed detailed
implementation plans for the reorganization, and the current status
of the implementation of all aspects of the reorganization.
(4) The extent to which the Department has worked to mitigate
congressional concerns and address other challenges that have
arisen since the reorganization was announced.
(5) The manner in which the Department plans to evaluate
progress in achieving the stated goals of the reorganization and
what measurements, if any, the Department has established to assess
the results of the reorganization.
(6) The impact of the large increase in responsibilities for
the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and Interdependent Capabilities under the
reorganization on the ability of the Assistant Secretary to carry
out the principal duties of the Assistant Secretary under law.
(7) The possible decrease in attention given to special
operations issues resulting from the increase in responsibilities
for the Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict and Interdependent Capabilities, including
responsibility under the reorganization for each of the following:
(A) Strategic capabilities.
(B) Forces transformation.
(C) Major budget programs.
(8) The possible diffusion of attention from counternarcotics,
counterproliferation, and global threat issues resulting from the
merging of those responsibilities under a single Deputy Assistant
Secretary of Defense for Counternarcotics, Counterproliferation,
and Global Threats.
(9) The impact of the reorganization on counternarcotics
program execution.
(10) The unique placement under the reorganization of both
functional and regional issue responsibilities under the Assistant
Secretary of Defense for Homeland Defense and Americas' Security
Affairs.
(11) The differentiation between the responsibilities of the
Deputy Assistant Secretary of Defense for Partnership Strategy and
the Deputy Assistant Secretary of Defense for Coalition Affairs and
the relationship between such officials.

SEC. 958. REPORT ON FOREIGN LANGUAGE PROFICIENCY.

(a) In General.--Not later than 240 days after the date of the
enactment of this Act, and annually thereafter until the date referred
to in subsection (d), the Secretary of Defense, in conjunction with the
Secretary of each military department, shall submit to the
congressional defense committees a report on the foreign language
proficiency of the personnel of the Department of Defense.
(b) Contents.--Each report submitted under subsection (a) shall
include--
(1) the number of positions, identified by each foreign
language and dialect, for each military department and Defense
Agency concerned that--
(A) require proficiency in that foreign language or dialect
for the year in which the submission of the report is required;
(B) are anticipated to require proficiency in that foreign
language or dialect for each of the five years following the
date of the submission of the report; and
(C) are authorized in the future-years defense plan to be
maintained for proficiency in a foreign language or dialect;
(2) the number of personnel for each military department and
Defense Agency, identified by each foreign language and dialect,
that are serving in a position that requires proficiency in the
foreign language or dialect--
(A) to perform the primary duty of the position; and
(B) that meet the required level of proficiency of the
Interagency Language Roundtable;
(3) the number of personnel for each military department and
Defense Agency, identified by each foreign language and dialect,
that are recruited or hired as accessions to serve in a position
that requires proficiency in the foreign language or dialect;
(4) the number of personnel for each military department and
Defense Agency, identified by each foreign language and dialect,
that served in a position that requires proficiency in the foreign
language or dialect and discontinued service during the preceding
calendar year;
(5) the number of positions that require proficiency in a
foreign language or dialect that are fulfilled by contractors;
(6) the percentage of work requiring linguistic skills that is
fulfilled by personnel of the intelligence community (as defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4))); and
(7) an assessment of the foreign language capacity and
capabilities of each military department and Defense Agency and of
the Department of Defense as a whole.
(c) Non-Military Personnel.--Except as provided in paragraphs (6)
and (7) of subsection (b), a report submitted under subsection (a)
shall cover only members of the Armed Forces on active duty and reserve
duty assigned to the military departments concerned or to the
Department of Defense.
(d) Termination of Requirement.--The duty to submit a report under
subsection (a) shall terminate on December 31, 2013.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Limitation on leasing of vessels.
Sec. 1012. Policy relating to major combatant vessels of the strike
forces of the United States Navy.

Subtitle C--Counter-Drug Activities

Subtitle D--Miscellaneous Authorities and Limitations

Subtitle E--Reports

Subtitle F--Other Matters

Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year 2008
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the total
amount of authorizations that the Secretary may transfer under the
authority of this section may not exceed $5,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred;
and
(2) may not be used to provide authority for an item that has
been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).

SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2008.

(a) Fiscal Year 2008 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2008 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of fiscal
year 2007, of funds appropriated for fiscal years before fiscal
year 2008 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be made
under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $1,031,000 for
the Civil Budget.
(2) Of the amount provided in section 301(1), $362,159,000 for
the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-funded
budgets of NATO'' means the Military Budget, the Security
Investment Program, and the Civil Budget of the North Atlantic
Treaty Organization (and any successor or additional account or
program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term ``fiscal
year 1998 baseline limitation'' means the maximum annual amount of
Department of Defense contributions for common-funded budgets of
NATO that is set forth as the annual limitation in section
3(2)(C)(ii) of the resolution of the Senate giving the advice and
consent of the Senate to the ratification of the Protocols to the
North Atlantic Treaty of 1949 on the Accession of Poland, Hungary,
and the Czech Republic (as defined in section 4(7) of that
resolution), approved by the Senate on April 30, 1998.

SEC. 1003. AUTHORIZATION OF ADDITIONAL EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 2007.

Amounts authorized to be appropriated to the Department of Defense
for fiscal year 2007 in the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364) are hereby adjusted, with
respect to any such authorized amount, by the amount by which
appropriations pursuant to such authorization are increased by a
supplemental appropriation or by a transfer of funds, or decreased by a
rescission, or any thereof, pursuant to the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28).

SEC. 1004. MODIFICATION OF FISCAL YEAR 2007 GENERAL TRANSFER AUTHORITY.

Section 1001(a) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2371) is
amended by adding at the end the following new paragraph:
``(3) Exception for certain transfers.--The following transfers
of funds shall be not be counted toward the limitation in paragraph
(2) on the amount that may be transferred under this section:
``(A) The transfer of funds to the Iraq Security Forces
Fund under reprogramming FY07-07-R PA.
``(B) The transfer of funds to the Joint Improvised
Explosive Device Defeat Fund under reprogramming FY07-11 PA.
``(C) The transfer of funds back from the accounts referred
to in subparagraphs (A) and (B) to restore the sources used in
the reprogrammings referred to in such subparagraphs.''.

SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION INITIATIVE FOR THE
DEFENSE AGENCIES.

(a) Financial Management Transformation Initiative.--
(1) In general.--The Director of the Business Transformation
Agency of the Department of Defense shall carry out an initiative
for financial management transformation in the Defense Agencies.
The initiative shall be known as the ``Defense Agencies
Initiative'' (in this section referred to as the ``Initiative'').
(2) Scope of authority.--In carrying out the Initiative, the
Director of the Business Transformation Agency may require the
heads of the Defense Agencies to carry out actions that are within
the purpose and scope of the Initiative.
(b) Purposes.--The purposes of Initiative shall be as follows:
(1) To eliminate or replace financial management systems of the
Defense Agencies that are duplicative, redundant, or fail to comply
with the standards set forth in subsection (d).
(2) To transform the budget, finance, and accounting operations
of the Defense Agencies to enable the Defense Agencies to achieve
accurate and reliable financial information needed to support
financial accountability and effective and efficient management
decisions.
(c) Required Elements.--The Initiative shall include, to the
maximum extent practicable--
(1) the utilization of commercial, off-the-shelf technologies
and web-based solutions;
(2) a standardized technical environment and an open and
accessible architecture; and
(3) the implementation of common business processes, shared
services, and common data structures.
(d) Standards.--In carrying out the Initiative, the Director of the
Business Transformation Agency shall ensure that the Initiative is
consistent with--
(1) the requirements of the Business Enterprise Architecture
and Transition Plan developed pursuant to section 2222 of title 10,
United States Code;
(2) the Standard Financial Information Structure of the
Department of Defense;
(3) the Federal Financial Management Improvement Act of 1996
(and the amendments made by that Act); and
(4) other applicable requirements of law and regulation.
(e) Scope.--The Initiative shall be designed to provide, at a
minimum, capabilities in the major process areas for both general fund
and working capital fund operations of the Defense Agencies as follows:
(1) Budget formulation.
(2) Budget to report, including general ledger and trial
balance.
(3) Procure to pay, including commitments, obligations, and
accounts payable.
(4) Order to fulfill, including billing and accounts
receivable.
(5) Cost accounting.
(6) Acquire to retire (account management).
(7) Time and attendance and employee entitlement.
(8) Grants financial management.
(f) Consultation.--In carrying out subsections (d) and (e), the
Director of the Business Transformation Agency shall consult with the
Comptroller of the Department of Defense to ensure that any financial
management systems developed for the Defense Agencies, and any changes
to the budget, finance, and accounting operations of the Defense
Agencies, are consistent with the financial standards and requirements
of the Department of Defense.
(g) Program Control.--In carrying out the Initiative, the Director
of the Business Transformation Agency shall establish--
(1) a board (to be known as the ``Configuration Control
Board'') to manage scope and cost changes to the Initiative; and
(2) a program management office (to be known as the ``Program
Management Office'') to control and enforce assumptions made in the
acquisition plan, the cost estimate, and the system integration
contract for the Initiative, as directed by the Configuration
Control Board.
(h) Plan on Development and Implementation of Initiative.--Not
later than six months after the date of the enactment of this Act, the
Director of the Business Transformation Agency shall submit to the
congressional defense committees a plan for the development and
implementation of the Initiative. The plan shall provide for the
implementation of an initial capability under the Initiative as
follows:
(1) In at least one Defense Agency by not later than eight
months after the date of the enactment of this Act.
(2) In not less than five Defense Agencies by not later than 18
months after the date of the enactment of this Act.

SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE
DEPARTMENT OF DEFENSE.

Section 1405 of the Department of Defense Authorization Act, 1986
(Public Law 99-145; 99 Stat. 744; 31 U.S.C. 1105 note) is repealed.

Subtitle B--Policy Relating to Vessels and Shipyards

SEC. 1011. LIMITATION ON LEASING OF VESSELS.

Section 2401 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) The Secretary of a military department may make a contract
for the lease of a vessel or for the provision of a service through use
by a contractor of a vessel, the term of which is for a period of
greater than two years, but less than five years, only if--
``(1) the Secretary has notified the Committee on Armed
Services and the Committee on Appropriations of the Senate and the
Committee on Armed Services and the Committee on Appropriations of
the House of Representatives of the proposed contract and included
in such notification--
``(A) a detailed description of the terms of the proposed
contract and a justification for entering into the proposed
contract rather than obtaining the capability provided for by
the lease, charter, or services involved through purchase of
the vessel;
``(B) a determination that entering into the proposed
contract as a means of obtaining the vessel is the most cost-
effective means of obtaining such vessel; and
``(C) a plan for meeting the requirement provided by the
proposed contract upon completion of the term of the lease
contract; and
``(2) a period of 30 days of continuous session of Congress has
expired following the date on which notice was received by such
committees.''.

SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE
FORCES OF THE UNITED STATES NAVY.

(a) Integrated Nuclear Power Systems.--It is the policy of the
United States to construct the major combatant vessels of the strike
forces of the United States Navy, including all new classes of such
vessels, with integrated nuclear power systems.
(b) Requirement To Request Nuclear Vessels.--If a request is
submitted to Congress in the budget for a fiscal year for construction
of a new class of major combatant vessel for the strike forces of the
United States, the request shall be for such a vessel with an
integrated nuclear power system, unless the Secretary of Defense
submits with the request a notification to Congress that the inclusion
of an integrated nuclear power system in such vessel is not in the
national interest.
(c) Definitions.--In this section:
(1) Major combatant vessels of the strike forces of the united
states navy.--The term ``major combatant vessels of the strike
forces of the United States Navy'' means the following:
(A) Submarines.
(B) Aircraft carriers.
(C) Cruisers, battleships, or other large surface
combatants whose primary mission includes protection of carrier
strike groups, expeditionary strike groups, and vessels
comprising a sea base.
(2) Integrated nuclear power system.--The term ``integrated
nuclear power system'' means a ship engineering system that uses a
naval nuclear reactor as its energy source and generates sufficient
electric energy to provide power to the ship's electrical loads,
including its combat systems and propulsion motors.
(3) Budget.--The term ``budget'' means the budget that is
submitted to Congress by the President under section 1105(a) of
title 31, United States Code.

Subtitle C--Counter-Drug Activities

SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.

Section 1022(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note) is amended by
striking ``and 2007'' and inserting ``through 2008''.

SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES IN CERTAIN FOREIGN COUNTRIES.

Subsection (b) of section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1881), as amended by section 1021(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136, 117 Stat.
1593) and section 1022(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2382), is further amended by adding at the end the following new
paragraphs:
``(17) The Government of Mexico.
``(18) The Government of the Dominican Republic.''.

SEC. 1023. REPORT ON COUNTERNARCOTICS ASSISTANCE FOR THE GOVERNMENT OF
HAITI.

(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to Congress a report
on counternarcotics assistance for the Government of Haiti.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A description and assessment of the counternarcotics
assistance provided to the Government of Haiti by the Department of
Defense, the Department of State, the Department of Homeland
Security, and the Department of Justice.
(2) A description and assessment of any impediments to
increasing counternarcotics assistance to the Government of Haiti.
(3) An assessment of the potential for the provision of
counternarcotics assistance for the Government of Haiti through the
United Nations Stabilization Mission in Haiti.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.

Subtitle D--Miscellaneous Authorities and Limitations

SEC. 1031. PROVISION OF AIR FORCE SUPPORT AND SERVICES TO FOREIGN
MILITARY AND STATE AIRCRAFT.

(a) Provision of Support and Services.--
(1) In general.--Section 9626 of title 10, United States Code,
is amended to read as follows:

``Sec. 9626. Aircraft supplies and services: foreign military or other
state aircraft

``(a) Provision of Supplies and Services on Reimbursable Basis.--
(1) The Secretary of the Air Force may, under such regulations as the
Secretary may prescribe and when in the best interests of the United
States, provide any of the supplies or services described in paragraph
(2) to military and other state aircraft of a foreign country, on a
reimbursable basis without an advance of funds, if similar supplies and
services are furnished on a like basis to military aircraft and other
state aircraft of the United States by the foreign country concerned.
``(2) The supplies and services described in this paragraph are
supplies and services as follows:
``(A) Routine airport services, including landing and takeoff
assistance, servicing aircraft with fuel, use of runways, parking
and servicing, and loading and unloading of baggage and cargo.
``(B) Miscellaneous supplies, including Air Force-owned fuel,
provisions, spare parts, and general stores, but not including
ammunition.
``(b) Provision of Routine Airport Services on Non-Reimbursable
Basis.--(1) Routine airport services may be provided under this section
at no cost to a foreign country--
``(A) if such services are provided by Air Force personnel and
equipment without direct cost to the Air Force; or
``(B) if such services are provided under an agreement with the
foreign country that provides for the reciprocal furnishing by the
foreign country of routine airport services, as defined in that
agreement, to military and other state aircraft of the United
States without reimbursement.
``(2) If routine airport services are provided under this section
by a working-capital fund activity of the Air Force under section 2208
of this title and such activity is not reimbursed directly for the
costs incurred by the activity in providing such services by reason of
paragraph (1)(B), the working-capital fund activity shall be reimbursed
for such costs out of funds currently available to the Air Force for
operation and maintenance.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 939 of such title is amended by striking the item
relating to section 9626 and inserting the following new item:

``9626. Aircraft supplies and services: foreign military or other state
aircraft.''.

(b) Conforming Amendment.--Section 9629(3) of such title is amended
by striking ``for aircraft of a foreign military or air attache''.

SEC. 1032. DEPARTMENT OF DEFENSE PARTICIPATION IN STRATEGIC AIRLIFT
CAPABILITY PARTNERSHIP.

(a) Authority To Participate in Partnership.--
(1) Memorandum of understanding.--The Secretary of Defense may
enter into a multilateral memorandum of understanding authorizing
the Strategic Airlift Capability Partnership to conduct activities
necessary to accomplish its purpose, including--
(A) the acquisition, equipping, ownership, and operation of
strategic airlift aircraft; and
(B) the acquisition or transfer of airlift and airlift-
related services and supplies among members of the Strategic
Airlift Capability Partnership, or between the Partnership and
non-member countries or international organizations, on a
reimbursable basis or by replacement-in-kind or exchange of
airlift or airlift-related services of an equal value.
(2) Payments.--From funds available to the Department of
Defense for such purpose, the Secretary of Defense may pay the
United States equitable share of the recurring and non-recurring
costs of the activities and operations of the Strategic Airlift
Capability Partnership, including costs associated with procurement
of aircraft components and spare parts, maintenance, facilities,
and training, and the costs of claims.
(b) Authorities Under Partnership.--In carrying out the memorandum
of understanding entered into under subsection (a), the Secretary of
Defense may do the following:
(1) Waive reimbursement of the United States for the cost of
the following functions performed by Department of Defense
personnel with respect to the Strategic Airlift Capability
Partnership:
(A) Auditing.
(B) Quality assurance.
(C) Inspection.
(D) Contract administration.
(E) Acceptance testing.
(F) Certification services.
(G) Planning, programming, and management services.
(2) Waive the imposition of any surcharge for administrative
services provided by the United States that would otherwise be
chargeable against the Strategic Airlift Capability Partnership.
(3) Pay the salaries, travel, lodging, and subsistence expenses
of Department of Defense personnel assigned for duty to the
Strategic Airlift Capability Partnership without seeking
reimbursement or cost-sharing for such expenses.
(c) Crediting of Receipts.--Any amount received by the United
States in carrying out the memorandum of understanding entered into
under subsection (a) shall be credited, as elected by the Secretary of
Defense, to the following:
(1) The appropriation, fund, or account used in incurring the
obligation for which such amount is received.
(2) An appropriation, fund, or account currently providing
funds for the purposes for which such obligation was made.
(d) Authority To Transfer Aircraft.--
(1) Transfer authority.--The Secretary of Defense may transfer
one strategic airlift aircraft to the Strategic Airlift Capability
Partnership in accordance with the terms and conditions of the
memorandum of understanding entered into under subsection (a).
(2) Report.--Not later than 30 days before the date on which
the Secretary transfers a strategic airlift aircraft under
paragraph (1), the Secretary shall submit to the congressional
defense committees a report on the strategic airlift aircraft to be
transferred, including the type of strategic airlift aircraft to be
transferred and the tail registration or serial number of such
aircraft.
(e) Strategic Airlift Capability Partnership Defined.--In this
section the term ``Strategic Airlift Capability Partnership'' means the
strategic airlift capability consortium established by the United
States and other participating countries.

SEC. 1033. IMPROVED AUTHORITY TO PROVIDE REWARDS FOR ASSISTANCE IN
COMBATING TERRORISM.

(a) Increased Amounts.--Section 127b of title 10, United States
Code, is amended--
(1) in subsection (b), by striking ``$200,000'' and inserting
``$5,000,000'';
(2) in subsection (c)(1)(B), by striking ``$50,000'' and
inserting ``$1,000,000''; and
(3) in subsection (d)(2), by striking ``$100,000'' and
inserting ``$2,000,000''.
(b) Involvement of Allied Forces.--Such section is further
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting
after ``United States Government personnel'' the following: ``,
or government personnel of allied forces participating in a
combined operation with the armed forces,'';
(B) in paragraph (1), by inserting after ``armed forces''
the following: ``, or of allied forces participating in a
combined operation with the armed forces,''; and
(C) in paragraph (2), by inserting after ``armed forces''
the following: ``, or of allied forces participating in a
combined operation with the armed forces''; and
(2) in subsection (c), by adding at the end the following:
``(3)(A) Subject to subparagraphs (B) and (C), an official who has
authority delegated under paragraph (1) or (2) may use that authority,
acting through government personnel of allied forces, to offer and make
rewards.
``(B) The Secretary of Defense shall prescribe policies and
procedures for making rewards in the manner described in subparagraph
(A), which shall include guidance for the accountability of funds used
for making rewards in that manner. The policies and procedures shall
not take effect until 30 days after the date on which the Secretary
submits the policies and procedures to the congressional defense
committees. Rewards may not be made in the manner described in
subparagraph (A) except under policies and procedures that have taken
effect.
``(C) Rewards may not be made in the manner described in
subparagraph (A) after September 30, 2009.
``(D) Not later than April 1, 2008, the Secretary of Defense shall
submit to the congressional defense committees a report on the
implementation of this paragraph. The report shall identify each reward
made in the manner described in subparagraph (A) and, for each such
reward--
``(i) identify the type, amount, and recipient of the reward;
``(ii) explain the reason for making the reward; and
``(iii) assess the success of the reward in advancing the
effort to combat terrorism.''.
(c) Annual Report to Include Specific Information on Additional
Authority.--Section 127b of title 10, United States Code, is further
amended in subsection (f)(2) by adding at the end the following new
subparagraph:
``(D) Information on the implementation of paragraph (3) of
subsection (c).''.

SEC. 1034. SUPPORT FOR NON-FEDERAL DEVELOPMENT AND TESTING OF MATERIAL
FOR CHEMICAL AGENT DEFENSE.

(a) Authority to Provide Toxic Chemicals or Precursors.--
(1) In general.--The Secretary of Defense, in coordination with
the heads of other elements of the Federal Government, may make
available, to a State, a unit of local government, or a private
entity incorporated in the United States, small quantities of a
toxic chemical or precursor for the development or testing, in the
United States, of material that is designed to be used for
protective purposes.
(2) Terms and conditions.--Any use of the authority under
paragraph (1) shall be subject to such terms and conditions as the
Secretary considers appropriate.
(b) Payment of Costs and Disposition of Funds.--
(1) In general.--The Secretary shall ensure, through the
advance payment required by paragraph (2) and through any other
payments that may be required, that a recipient of toxic chemicals
or precursors under subsection (a) pays for all actual costs,
including direct and indirect costs, associated with providing the
toxic chemicals or precursors.
(2) Advance payment.--In carrying out paragraph (1), the
Secretary shall require each recipient to make an advance payment
in an amount that the Secretary determines will equal all such
actual costs.
(3) Credits.--A payment received under this subsection shall be
credited to the account that was used to cover the costs for which
the payment was provided. Amounts so credited shall be merged with
amounts in that account, and shall be available for the same
purposes, and subject to the same conditions and limitations, as
other amounts in that account.
(c) Chemical Weapons Convention.--The Secretary shall ensure that
toxic chemicals and precursors are made available under this section
for uses and in quantities that comply with the Convention on the
Prohibition of the Development, Production, Stockpiling and Use of
Chemical Weapons and on Their Destruction, signed at Paris on January
13, 1993, and entered into force with respect to the United States on
April 29, 1997.
(d) Report.--
(1) Not later than March 15, 2008, and each year thereafter,
the Secretary shall submit to Congress a report on the use of the
authority under subsection (a) during the previous calendar year.
The report shall include a description of each use of the authority
and specify what material was made available and to whom it was
made available.
(2) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(e) Definitions.--In this section, the terms ``precursor'',
``protective purposes'', and ``toxic chemical'' have the meanings given
those terms in the convention referred to in subsection (c), in
paragraph 2, paragraph 9(b), and paragraph 1, respectively, of article
II of that convention.

SEC. 1035. PROHIBITION ON SALE OF F-14 FIGHTER AIRCRAFT AND RELATED
PARTS.

(a) Prohibition on Sale by Department of Defense.--
(1) In general.--Except as provided in paragraph (2), the
Department of Defense may not sell (whether directly or indirectly)
any F-14 fighter aircraft, any parts unique to the F-14 fighter
aircraft, or any tooling or dies used in the manufacture of such
aircraft or parts, whether such sales occur through the Defense
Reutilization and Marketing Service or through another agency or
element of the Department.
(2) Exception.--Paragraph (1) shall not apply with respect to
the sale of F-14 fighter aircraft or parts for F-14 fighter
aircraft to a museum or similar organization located in the United
States that is involved in the preservation of F-14 fighter
aircraft for historical purposes.
(b) Prohibition on Export License.--No license for the export of
any F-14 fighter aircraft, any parts unique to the F-14 fighter
aircraft, or any tooling or dies used in the manufacture of such
aircraft or parts may be issued by the United States Government to a
non-United States person or entity.

Subtitle E--Reports

SEC. 1041. EXTENSION AND MODIFICATION OF REPORT RELATING TO HARDENED
AND DEEPLY BURIED TARGETS.

Section 1032 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2643; 10 U.S.C.
2358 note) is amended--
(1) in the heading, by striking ``annual report on weapons''
and inserting ``report on weapons and capabilities'';
(2) in subsection (a)--
(A) in the heading, by striking ``Annual'';
(B) by striking ``April 1 of each year'' and inserting
``March 1, 2009, and every two years thereafter,'';
(C) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence'';
(D) by striking ``the preceding fiscal year'' and inserting
``the preceding two fiscal years and planned for the current
fiscal year and the next fiscal year''; and
(E) by striking ``to develop weapons'' and inserting ``to
develop weapons and capabilities'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``The report for a fiscal year'' and inserting ``A report
submitted'';
(B) in paragraph (1), by striking ``were undertaken during
that fiscal year'' and inserting ``were or will be undertaken
during the four-fiscal-year period covered by the report''; and
(C) in paragraph (2) in the matter preceding subparagraph
(A), by striking ``were undertaken during such fiscal year''
and inserting ``were or will be undertaken during the four-
fiscal-year period covered by the report''; and
(4) in subsection (d), by striking ``April 1, 2007'' and
inserting ``March 1, 2013''.

SEC. 1042. REPORT ON JOINT MODELING AND SIMULATION ACTIVITIES.

(a) Report Required.--Not later than December 31, 2008, the
Secretary of Defense shall submit to the congressional defense
committees a report that describes current and planned joint modeling
and simulation activities within the Department of Defense.
(b) Matters to Be Included.--The report under subsection (a) shall
include the following:
(1) An identification and description of how joint modeling and
simulation activities support the development of capabilities to
meet joint and service-unique military requirements and needs, in
areas including but not limited to joint training, experimentation,
systems acquisition, test and evaluation, assessment, and planning.
(2) A description of how joint modeling and simulation
activities are supportive of Department-level strategies and goals.
(3) For each appropriate element of the Department of Defense
and each appropriate combatant command--
(A) An identification of modeling and simulation
capabilities; and
(B) A description of plans and programs to continuously
introduce new modeling and simulation technologies so as to
enhance defense capabilities.
(4) A description of incentives and plans to reduce or divest
duplicative or outdated capabilities as necessary.
(5) Plans or activities to allow non-defense users to access
defense joint modeling and simulation activities, as appropriate.
(6) Budget and resource estimates, including government and
contractor personnel requirements, for planned joint modeling and
simulation activities.
(7) A description of the relationship and coordination between
and among joint modeling and simulation activities and the modeling
and simulation activities of elements of the Department of Defense,
Federal agencies, State and local governments, academia, private
industry, United States and international standards organizations,
and international partners.
(8) Any other matters the Secretary considers appropriate.
(c) Consultation.--The report under (a) shall be developed in
consultation with appropriate military departments, Defense Agencies,
combatant commands, and other defense activities.

SEC. 1043. RENEWAL OF SUBMITTAL OF PLANS FOR PROMPT GLOBAL STRIKE
CAPABILITY.

Section 1032(b)(1) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1605; 10 U.S.C. 113
note) is amended by inserting ``and each of 2007, 2008, and 2009,''
after ``2004, 2005, and 2006,''.

SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUPPORT THE NUCLEAR MISSIONS
OF THE NAVY AND THE DEPARTMENT OF ENERGY.

(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Energy shall each submit to Congress a report on the requirements for a
workforce to support the nuclear missions of the Navy and the
Department of Energy during the 10-year period beginning on the date of
the report.
(b) Elements.--Each report shall include--
(1) a description of the projected nuclear missions of the Navy
and the Department of Energy during the 10-year period beginning on
the date of the report;
(2) an assessment of existing knowledge retention programs
within the Department of Defense, the Department of Energy, the
national laboratories, and federally funded research facilities
that support the nuclear missions of the Navy and the Department of
Energy, and any planned changes in those programs; and
(3) a plan to address anticipated workforce attrition,
retirement, and recruiting trends during that period and ensure an
adequate workforce in support of the nuclear missions of the Navy
and the Department of Energy.

SEC. 1045. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE AND ACCOUNTING
SERVICE RESPONSE TO BUTTERBAUGH V. DEPARTMENT OF JUSTICE.

(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report setting
forth an assessment by the Comptroller General of the response of the
Defense Finance and Accounting Service to the decision in Butterbaugh
v. Department of Justice (336 F.3d 1332 (2003)).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An estimate of the number of members of the reserve
components of the Armed Forces, both past and present, who are
entitled to compensation under the decision in Butterbaugh v.
Department of Justice.
(2) An assessment of the current policies, procedures, and
timeliness of the Defense Finance and Accounting Service in
implementing and resolving claims under the decision in Butterbaugh
v. Department of Justice.
(3) An assessment whether or not the decisions made by the
Defense Finance and Accounting Service in implementing the decision
in Butterbaugh v. Department of Justice follow a consistent pattern
of resolution.
(4) An assessment of whether or not the decisions made by the
Defense Finance and Accounting Service in implementing the decision
in Butterbaugh v. Department of Justice are resolving claims by
providing more compensation than an individual has been able to
prove, under the rule of construction that laws providing benefits
to veterans are liberally construed in favor of the veteran.
(5) An estimate of the total amount of compensation payable to
members of the reserve components of the Armed Forces, both past
and present, as a result of the recent decision in Hernandez v.
Department of the Air Force (No. 2006-3375, slip op.) that leave
can be reimbursed for Reserve service before 1994, when Congress
enacted chapter 43 of title 38, United States Code (commonly
referred to as the ``Uniformed Services Employment and Reemployment
Rights Act'').
(6) A comparative assessment of the handling of claims by the
Defense Finance and Accounting Service under the decision in
Butterbaugh v. Department of Justice with the handling of claims by
other Federal agencies (selected by the Comptroller General for
purposes of the comparative assessment) under that decision.
(7) A statement of the number of claims by members of the
reserve components of the Armed Forces under the decision in
Butterbaugh v. Department of Justice that have been adjudicated by
the Defense Finance and Accounting Service.
(8) A statement of the number of claims by members of the
reserve components of the Armed Forces under the decision in
Butterbaugh v. Department of Justice that have been denied by the
Defense Finance and Accounting Service.
(9) A comparative assessment of the average amount of time
required for the Defense Finance and Accounting Service to resolve
a claim under the decision in Butterbaugh v. Department of Justice
with the average amount of time required by other Federal agencies
(as so selected) to resolve a claim under that decision.
(10) A comparative statement of the backlog of claims with the
Defense Finance and Accounting Service under the decision in
Butterbaugh v. Department of Justice with the backlog of claims of
other Federal agencies (as so selected) under that decision.
(11) An estimate of the amount of time required for the Defense
Finance and Accounting Service to resolve all outstanding claims
under the decision in Butterbaugh v. Department of Justice.
(12) An assessment of the reasonableness of the requirement of
the Defense Finance and Accounting Service for the submittal by
members of the reserve components of the Armed Forces of supporting
documentation for claims under the decision in Butterbaugh v.
Department of Justice.
(13) A comparative assessment of the requirement of the Defense
Finance and Accounting Service for the submittal by members of the
reserve components of the Armed Forces of supporting documentation
for claims under the decision in Butterbaugh v. Department of
Justice with the requirement of other Federal agencies (as so
selected) for the submittal by such members of supporting
documentation for such claims.
(14) Such recommendations for legislative action as the
Comptroller General considers appropriate in light of the decision
in Butterbaugh v. Department of Justice and the decision in
Hernandez v. Department of the Air Force.

SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT FORCE.

(a) Study Required.--The Secretary of Defense shall conduct a
requirements-based study on alternatives for the proper size and mix of
fixed-wing intratheater and intertheater airlift assets to meet the
National Military Strategy for each of the following timeframes: fiscal
year 2012, 2018, and 2024. The study shall--
(1) focus on organic and commercially programmed airlift
capabilities;
(2) analyze the full-spectrum lifecycle costs of the various
alternatives for organic models of each of the following aircraft:
C-5A/B/C/M, C-17A, KC-X, KC-10, KC-135R, C-130E/H/J, Joint Cargo
Aircraft; and
(3) incorporate the augmentation capability, viability, and
feasibility of the Civil Reserve Air Fleet during activation stages
I, II, and III.
(b) Use of Ffrdc.--The Secretary shall select, to carry out the
study required by subsection (a), a federally funded research and
development center that has experience and expertise in conducting
similar studies.
(c) Study Plan.--The study required by subsection (a) shall be
carried out under a study plan. The study plan shall be developed as
follows:
(1) The center selected under subsection (b) shall develop the
study plan and shall, not later than 60 days after the date of
enactment of this Act, submit the study plan to the congressional
defense committees, the Secretary, and the Comptroller General of
the United States.
(2) The Comptroller General shall review the study plan to
determine whether it is complete and objective, and whether it has
any flaws or weaknesses in scope or methodology, and shall, not
later than 30 days after receiving the study plan, submit to the
Secretary and the center a report that contains the results of that
review and provides any recommendations that the Comptroller
General considers appropriate for improvements to the study plan.
(3) The center shall modify the study plan to incorporate the
recommendations under paragraph (2) and shall, not later than 45
days after receiving that report, submit to the Secretary and the
congressional defense committees a report on those modifications.
The report shall describe each modification and, if the
modifications do not incorporate one or more of the
recommendations, shall explain the reasons for not doing so.
(d) Elements of Study Plan.--The study plan required by subsection
(c) shall address, at minimum, the following:
(1) A description of lift requirements and operating profiles
for airlift aircraft required to meet the National Military
Strategy, including assumptions regarding the following:
(A) Current and future military combat and support
missions.
(B) The planned force structure growth of the military
services.
(C) Potential changes in lift requirements, including the
deployment of the Future Combat Systems by the Army.
(D) New capability in airlift to be provided by the KC(X)
aircraft and the expected utilization of such capability,
including its use in intratheater lift.
(E) The utilization of intertheater lift aircraft in
intratheater combat mission support roles.
(F) The availability and application of Civil Reserve Air
Fleet assets in future military scenarios.
(G) Air mobility requirements associated with the Global
Rebasing Initiative of the Department of Defense.
(H) Air mobility requirements in support of worldwide
peacekeeping and humanitarian missions.
(I) Air mobility requirements in support of homeland
defense and national emergencies.
(J) The viability and capability of the Civil Reserve Air
Fleet to augment organic forces in both friendly and hostile
environments.
(K) An assessment of the Civil Reserve Air Fleet to
adequately augment the organic fleet as it relates to
commercial inventory management restructuring in response to
future commercial markets, streamlining of operations,
efficiency measures, or downsizing of the participant.
(2) An evaluation of the state of the current airlift fleet of
the Air Force, including assessments of the following:
(A) The extent to which the increased use of airlift
aircraft in on-going operations is affecting the programmed
service life of the aircraft of that fleet.
(B) The adequacy of the current airlift force, including
whether or not a minimum of 299 strategic airlift aircraft for
the Air Force is sufficient to support future expeditionary
combat and non-combat missions, as well as domestic and
training mission demands consistent with the requirements of
meeting the National Military Strategy.
(C) The optimal mix of C-5 and C-17 aircraft for the
strategic airlift fleet of the Air Force, to include the
following:
(i) The cost-effectiveness of modernizing various
iterations of the C-5A and C-5B/C aircraft fleet versus
procuring additional C-17 aircraft.
(ii) The military capability, operational availability,
usefulness, and service life of the C-5A/B/C/M aircraft and
the C-17 aircraft. Such an assessment shall examine
appropriate metrics, such as aircraft availability rates,
departure rates, and mission capable rates, in each of the
following cases:

(I) Completion of the Avionics Modernization
Program and the Reliability Enhancement and Re-engining
Program.
(II) Partial completion of the Avionics
Modernization Program and the Reliability Enhancement
and Re-engining Program, with partial completion of
either such program being considered the point at which
the continued execution of each program is no longer
supported by the cost-effectiveness analysis.

(iii) At what specific fleet inventory for each organic
aircraft, to include air refueling aircraft used in the
airlift role, would it impede the ability of Civil Reserve
Air Fleet participants to remain a viable augmentation
option.
(D) An analysis and assessment of the lessons that may be
learned from the experience of the Air Force in restarting the
production line for the C-5 aircraft after having closed the
line for several years, and recommendations for the actions
that the Department of Defense should take to ensure that the
production line for the C-17 aircraft could be restarted if
necessary, including--
(i) an analysis of the methods that were used and costs
that were incurred in closing and re-opening the production
line for the C-5 aircraft;
(ii) an assessment of the methods and actions that
should be employed and the expected costs and risks of
closing and re-opening the production line for the C-17
aircraft in view of that experience.
Such analysis and assessment should deal with issues such as
production work force, production facilities, tooling,
industrial base suppliers, contractor logistics support versus
organic maintenance, and diminished manufacturing sources.
(E) Assessing the military capability, operational
availability, usefulness, service life and optimal mix of
intra-theater airlift aircraft, to include--
(i) the cost-effectiveness of procuring the Joint Cargo
Aircraft versus procuring additional C-130J or refurbishing
C-130E/H platforms to meet intra-theater airlift
requirements of the combatant commander and component
commands; and
(ii) the cost-effectiveness of procuring additional C-
17 aircraft versus procuring additional C-130J platforms or
refurbishing C-130E/H platforms to meet intra-theater
airlift requirements of the combatant commander and
component commands.
(3) Each analysis required by paragraph (2) shall include--
(A) a description of the assumptions and sensitivity
analysis utilized in the study regarding aircraft performances
and cargo loading factors; and
(B) a comprehensive statement of the data and assumptions
utilized in making the program life cycle cost estimates and a
comparison of cost and risk associated with the optimally mixed
fleet of airlift aircraft versus the program of record airlift
aircraft fleet.
(e) Utilization of Other Studies.--The study required by subsection
(a) shall build upon the results of the 2005 Mobility Capabilities
Studies, the on-going Intra-theater Airlift Fleet Mix Analysis, the
Intra-theater Lift Capabilities Study, the Joint Future Theater Airlift
Capabilities Analysis, and other appropriate studies and analyses, such
as Fleet Viability Board Reports or special aircraft assessments. The
study shall also include any testing data collected on modernization,
recapitalization, and upgrade efforts of current organic aircraft.
(f) Collaboration With United States Transportation Command.--In
conducting the study required by subsection (a) and preparing the
report required by subsection (c)(3), the center shall collaborate with
the commander of the United States Transportation Command.
(g) Collaboration With Cost Analysis Improvement Group.--In
conducting the study required by subsection (a) and constructing the
analysis required by subsection (a)(2), the center shall collaborate
with the Cost Analysis Improvement Group of the Department of Defense.
(h) Report.--Not later than January 10, 2009, the center selected
under subsection (b) shall submit to the Secretary and the
congressional defense committees a report on the study required by
subsection (a). The report shall be submitted in unclassified form, but
shall include a classified annex.

SEC. 1047. REPORT ON FEASIBILITY OF ESTABLISHING A DOMESTIC MILITARY
AVIATION NATIONAL TRAINING CENTER.

(a) In General.--Not later than June 1, 2008, the Secretary of
Defense shall submit to the congressional defense committees a report
to determine the feasibility of establishing a Border State Aviation
Training Center (BSATC) to support the current and future requirements
of the existing RC-26 training site for counterdrug activities, located
at the Fixed Wing Army National Guard Aviation Training Site (FWAATS),
including the domestic reconnaissance and surveillance missions of the
National Guard in support of local, State, and Federal law enforcement
agencies, provided that the activities to be conducted at the BSATC
shall not duplicate or displace any activity or program at the RC-26
training site or the FWAATS.
(b) Content.--The report required under subsection (a) shall--
(1) examine the current and past requirements of RC-26 aircraft
in support of local, State, and Federal law enforcement and
determine the number of additional aircraft required to provide
such support for each State that borders Canada, Mexico, or the
Gulf of Mexico;
(2) determine the number of military and civilian personnel
required to run a RC-26 domestic training center meeting the
requirements identified under paragraph (1);
(3) determine the requirements and cost of locating such a
training center at a military installation for the purpose of
preempting and responding to security threats and responding to
crises; and
(4) include a comprehensive review of the number and type of
intelligence, reconnaissance, and surveillance platforms needed for
the National Guard to effectively provide domestic operations and
civil support (including homeland defense and counterdrug) to
local, State, and Federal law enforcement and first responder
entities and how those platforms would provide additional
capabilities not currently available from the assets of other
local, State, and Federal agencies.
(c) Consultation.--In preparing the report required under
subsection (a), the Secretary of Defense shall consult with the
Adjutant General of each State that borders Canada, Mexico, or the Gulf
of Mexico, the Adjutant General of the State of West Virginia, and the
National Guard Bureau.

SEC. 1048. LIMITED FIELD USER EVALUATIONS FOR COMBAT HELMET PAD
SUSPENSION SYSTEMS.

(a) In General.--The Secretary of Defense shall carry out a limited
field user evaluation and operational assessment of qualified combat
helmet pad suspension systems. The evaluation and assessment shall be
carried out using verified product representative samples from combat
helmet pad suspension systems that are qualified as of the date of the
enactment of this Act.
(b) Report.--Not later than September 30, 2008, the Secretary shall
submit to the congressional defense committees a report on the results
of the limited field user evaluation and operational assessment.
(c) Funding.--The limited field user evaluation and operational
assessment required by subsection (a) shall be conducted using funds
appropriated pursuant to an authorization of appropriations or
otherwise made available for fiscal year 2008 for operation and
maintenance, Army, for soldier protection and safety.

SEC. 1049. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM.

(a) Study Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into an
agreement with an independent, non-profit, non-partisan organization to
conduct a study on the national security interagency system.
(b) Report.--The agreement entered into under subsection (a) shall
require the organization to submit to Congress and the President a
report containing the results of the study conducted pursuant to such
agreement and any recommendations for changes to the national security
interagency system (including legislative or regulatory changes)
identified by the organization as a result of the study.
(c) Submittal Date.--The agreement entered into under subsection
(a) shall require the organization to submit the report required under
subsection (a) not later than September 1, 2008.
(d) National Security Interagency System Defined.--In this section,
the term ``national security interagency system'' means the structures,
mechanisms, and processes by which the departments, agencies, and
elements of the Federal Government that have national security missions
coordinate and integrate their policies, capabilities, expertise, and
activities to accomplish such missions.
(e) Funding.--Of the amount authorized to be appropriated by
section 301(5) for operation and maintenance for Defense-wide
activities, not more than $3,000,000 may be available to carry out this
section.

SEC. 1050. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL BASE.

(a) Report.--Not later than 190 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the status, capability,
viability, and capacity of the solid rocket motor industrial base in
the United States.
(b) Content.--The report required under subsection (a) shall
include the following:
(1) An assessment of the ability to maintain the Minuteman III
intercontinental ballistic missile through its planned operational
life.
(2) An assessment of the ability to maintain the Trident II D-5
submarine launched ballistic missile through its planned
operational life.
(3) An assessment of the ability to maintain all other space
launch, missile defense, and other vehicles with solid rocket
motors, through their planned operational lifetimes.
(4) An assessment of the ability to support projected future
requirements for vehicles with solid rocket motors to support space
launch, missile defense, or any range of ballistic missiles
determined to be necessary to meet defense needs or other
requirements of the United States Government.
(5) An assessment of the required materials, the supplier base,
the production facilities, and the production workforce needed to
ensure that current and future requirements could be met.
(6) An assessment of the adequacy of the current and projected
industrial base support programs to support the full range of
projected future requirements identified in paragraph (4).

SEC. 1051. REPORTS ON ESTABLISHMENT OF A MEMORIAL FOR MEMBERS OF THE
ARMED FORCES WHO DIED IN THE AIR CRASH IN BAKERS CREEK,
AUSTRALIA, AND ESTABLISHMENT OF OTHER MEMORIALS IN
ARLINGTON NATIONAL CEMETERY.

(a) Bakers Creek Memorial.--Not later than April 1, 2008, the
Secretary of the Army shall submit to the Committee on Armed Services
and the Committee on Veterans' Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on Veterans'
Affairs of the Senate a report containing a discussion of locations
outside of Arlington National Cemetery that would serve as a suitable
location for the establishment of a memorial to honor the memory of the
40 members of the Armed Forces of the United States who lost their
lives in the air crash at Bakers Creek, Australia, on June 14, 1943.
(b) Memorials in Arlington National Cemetery.--Not later than April
1, 2008, the Secretary of the Army shall submit to the congressional
committees specified in subsection (a) a report containing--
(1) recommendations to implement the results of the study
regarding proposals for the construction of new memorials in
Arlington National Cemetery that was conducted pursuant to section
2897 of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2157); and
(2) proposed legislation, if necessary, to implement the
results of the study.

Subtitle F--Other Matters

SEC. 1061. REIMBURSEMENT FOR NATIONAL GUARD SUPPORT PROVIDED TO FEDERAL
AGENCIES.

Section 377 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``To the extent'' and
inserting ``Subject to subsection (c), to the extent''; and
(2) by striking subsection (b) and inserting the following new
subsections:
``(b)(1) Subject to subsection (c), the Secretary of Defense shall
require a Federal agency to which law enforcement support or support to
a national special security event is provided by National Guard
personnel performing duty under section 502(f) of title 32 to reimburse
the Department of Defense for the costs of that support,
notwithstanding any other provision of law. No other provision of this
chapter shall apply to such support.
``(2) Any funds received by the Department of Defense under this
subsection as reimbursement for support provided by personnel of the
National Guard shall be credited, at the election of the Secretary of
Defense, to the following:
``(A) The appropriation, fund, or account used to fund the
support.
``(B) The appropriation, fund, or account currently available
for reimbursement purposes.
``(c) An agency to which support is provided under this chapter or
section 502(f) of title 32 is not required to reimburse the Department
of Defense for such support if the Secretary of Defense waives
reimbursement. The Secretary may waive the reimbursement requirement
under this subsection if such support--
``(1) is provided in the normal course of military training or
operations; or
``(2) results in a benefit to the element of the Department of
Defense or personnel of the National Guard providing the support
that is substantially equivalent to that which would otherwise be
obtained from military operations or training.''.

SEC. 1062. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE
UNITED STATES.

(a) Establishment.--There is hereby established a commission to be
known as the ``Congressional Commission on the Strategic Posture of the
United States''. The purpose of the commission is to examine and make
recommendations with respect to the long-term strategic posture of the
United States.
(b) Composition.--
(1) Membership.--The commission shall be composed of 12 members
appointed as follows:
(A) Three by the chairman of the Committee on Armed
Services of the House of Representatives.
(B) Three by the ranking minority member of the Committee
on Armed Services of the House of Representatives.
(C) Three by the chairman of the Committee on Armed
Services of the Senate.
(D) Three by the ranking minority member of the Committee
on Armed Services of the Senate.
(2) Chairman; vice chairman.--
(A) Chairman.--The chairman of the Committee on Armed
Services of the House of Representatives and the chairman of
the Committee on Armed Services of the Senate shall jointly
designate one member of the commission to serve as chairman of
the commission.
(B) Vice chairman.--The ranking minority member of the
Committee on Armed Services of the House of Representatives and
the ranking minority member of the Committee on Armed Services
of the Senate shall jointly designate one member of the
commission to serve as vice chairman of the commission.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the commission. Any vacancy in the
commission shall be filled in the same manner as the original
appointment.
(c) Duties.--
(1) Review.--The commission shall conduct a review of the
strategic posture of the United States, including a strategic
threat assessment and a detailed review of nuclear weapons policy,
strategy, and force structure.
(2) Assessment and recommendations.--
(A) Assessment.--The commission shall assess the benefits
and risks associated with the current strategic posture and
nuclear weapons policies of the United States.
(B) Recommendations.--The commission shall make
recommendations as to the most appropriate strategic posture
and most effective nuclear weapons strategy.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the commission
shall receive the full and timely cooperation of the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Director of National Intelligence, and any other United States
Government official in providing the commission with analyses,
briefings, and other information necessary for the fulfillment of
its responsibilities.
(2) Liaison.--The Secretary of Defense, the Secretary of
Energy, the Secretary of State, and the Director of National
Intelligence shall each designate at least one officer or employee
of the Department of Defense, the Department of Energy, the
Department of State, and the intelligence community, respectively,
to serve as a liaison officer between the department (or the
intelligence community, as the case may be) and the commission.
(e) Report.--Not later than December 1, 2008, the commission shall
submit to the President, the Secretary of Defense, the Secretary of
Energy, the Secretary of State, the Committee on Armed Services of the
Senate, and the Committee on Armed Services of the House of
Representatives a report on the commission's findings, conclusions, and
recommendations. The report shall identify the strategic posture and
nuclear weapons strategy recommended under subsection (c)(2)(B) and
shall include--
(1) the military capabilities and force structure necessary to
support the strategy, including both nuclear and non-nuclear
capabilities that might support the strategy;
(2) the number of nuclear weapons required to support the
strategy, including the number of replacement warheads required, if
any;
(3) the appropriate qualitative analysis, including force-on-
force exchange modeling, to calculate the effectiveness of the
strategy under various scenarios;
(4) the nuclear infrastructure (that is, the size of the
nuclear complex) required to support the strategy;
(5) an assessment of the role of missile defenses in the
strategy;
(6) an assessment of the role of nonproliferation programs in
the strategy;
(7) the political and military implications of the strategy for
the United States and its allies; and
(8) any other information or recommendations relating to the
strategy (or to the strategic posture) that the commission
considers appropriate.
(f) Funding.--Of the amounts appropriated or otherwise made
available pursuant to this Act to the Department of Defense, $5,000,000
is available to fund the activities of the commission.
(g) Termination.--The commission shall terminate on June 1, 2009.

SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Chapter 3 is amended--
(A) by redesignating the section 127c added by section
1201(a) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2410) as
section 127d and transferring that section so as to appear
immediately after the section 127c added by section 1231(a) of
the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3467); and
(B) by revising the table of sections at the beginning of
such chapter to reflect the redesignation and transfer made by
paragraph (1).
(2) Section 629(d)(1) is amended by inserting a comma after
``(a)''.
(3) Section 662(b) is amended by striking ``paragraphs (1),
(2), and (3) of subsection (a)'' and inserting ``paragraphs (1) and
(2) of subsection (a)''.
(4) Subsections (c) and (d) of section 948r are each amended by
striking ``Defense Treatment Act of 2005'' each place it appears
and inserting ``Detainee Treatment Act of 2005''.
(5) The table of sections at the beginning of subchapter VI of
chapter 47A is amended by striking the item relating to section
950j and inserting the following:
``950j. Finality of proceedings, findings, and sentences.''.

(6) Section 950f(b) is amended by striking ``No person may be
serve'' and inserting ``No person may serve''.
(7) The heading for section 950j is amended by striking
``Finality or'' and inserting ``Finality of''.
(8) Section 1034(b)(2) is amended by inserting ``unfavorable''
before ``action'' the second place it appears.
(9) Section 1588(d)(1)(B) is amended by striking ``the Act of
March 9, 1920, commonly known as the `Suits in Admiralty Act' (41
Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act of March 3,
1925, commonly known as the `Public Vessels Act' (43 Stat. 1112; 46
U.S.C. App. 781 et seq.)'' and inserting ``chapters 309 and 311 of
title 46''.
(10) The table of sections at the beginning of chapter 137 is
amended by striking the item relating to section 2333 and inserting
the following new item:

``2333. Joint policies on requirements definition, contingency program
management, and contingency contracting.''.

(11) The table of sections at the beginning of chapter 141 is
amended by inserting a period at the end of the item relating to
section 2410p.
(12) The table of sections at the beginning of chapter 152 is
amended by inserting a period at the end of the item relating to
section 2567.
(13) Section 2583(e) is amended by striking ``Dogs'' and
inserting ``Animals''.
(14) Section 2668(e) is amended by striking ``and (d)'' and
inserting ``and (e)''.
(15) Section 12304(a) is amended by striking the second period
at the end.
(16) Section 14310(d)(1) is amended by inserting a comma after
``(a)''.
(b) Title 37, United States Code.--Section 302c(d)(1) of title 37,
United States Code, is amended by striking ``Services Corps'' and
inserting ``Service Corps''.
(c) John Warner National Defense Authorization Act for Fiscal Year
2007.--Effective as of October 17, 2006, and as if included therein as
enacted, the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364) is amended as follows:
(1) Section 333(a) (120 Stat. 2151) is amended--
(A) by striking ``Section 332(c)'' and inserting ``Section
332''; and
(B) in paragraph (1), by inserting ``in subsection (c),''
after ``(1)''.
(2) Section 348(2) (120 Stat. 2159) is amended by striking ``60
days of'' and inserting ``60 days after''.
(3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is amended by
inserting a comma after ``title''.
(4) Section 591(b)(1) (120 Stat. 2233) is amended by inserting
a period after ``this title''.
(5) Section 606(b)(1)(A) (120 Stat. 2246) is amended by
striking ``in'' and inserting ``In''.
(6) Section 670(b) (120 Stat. 2269) is amended by striking
``such title'' and inserting ``such chapter''.
(7) Section 673 (120 Stat. 2271) is amended--
(A) in subsection (a)(1), by inserting ``the second place
it appears'' before ``and inserting'';
(B) in subsection (b)(1)--
(i) by striking ``Section'' and inserting ``Subsection
(a) of section''; and
(ii) by inserting ``the second place it appears''
before ``and inserting''; and
(C) in subsection (c)(1), by inserting ``the second place
it appears'' before ``and inserting''.
(8) Section 842(a)(2) (120 Stat. 2337) is amended by striking
``adding at the end'' and inserting ``inserting after the item
relating to section 2533a''.
(9) Section 1017(b)(2) (120 Stat. 2379; 10 U.S.C. 2631 note) is
amended by striking ``section 27'' and all that follows through the
period at the end and inserting ``sections 12112 and 50501 and
chapter 551 of title 46, United States Code.''.
(10) Section 1071(f) (120 Stat. 2402) is amended by striking
``identical'' both places it appears.
(11) Section 1231(d) (120 Stat. 2430; 22 U.S.C. 2776a(d)) is
amended by striking ``note''.
(12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) is amended by
striking ``2906 of such Act'' and inserting ``2906A of such Act''.
(13) Section 2831 (120 Stat. 2480) is amended--
(A) by striking ``Section 2667(d)'' and inserting ``Section
2667(e)''; and
(B) by inserting ``as redesignated by section 662(b)(1) of
this Act,'' after ``Code,''.
(d) Public Law 109-366.--Effective as of October 17, 2006, and as
if included therein as enacted, Public Law 109-366 is amended as
follows:
(1) Section 8(a)(3) (120 Stat. 2636) is amended by inserting a
semicolon after ``subsection''.
(2) Section 9(1) (120 Stat. 2636) is amended by striking ``No.
1.'' and inserting ``No. 1,''.
(e) National Defense Authorization Act for Fiscal Year 2006.--
Effective as of January 6, 2006, and as if included therein as enacted,
the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163) is amended as follows:
(1) Section 571 (119 Stat. 3270) is amended by striking ``931
et seq.)'' and inserting ``921 et seq.)''.
(2) Section 1052(j) (119 Stat. 3435) is amended by striking
``Section 1049'' and inserting ``Section 1409''.
(f) Military Commissions Act of 2006.--Section 7 of the Military
Commissions Act of 2006 (Public Law 109-366) is amended by striking
``added by added by'' and inserting ``added by''.
(g) National Defense Authorization Act for Fiscal Year 2004.--The
National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136) is amended as follows:
(1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 1076b note) is
amended by striking ``those program'' and inserting ``those
programs''.
(2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 433 note) is
amended by striking ``(A))'' and inserting ``(A)))''.
(3) Section 1602(e)(3) (117 Stat. 1683; 10 U.S.C. 2302 note) is
amended by inserting ``Security'' after ``Health''.
(h) National Defense Authorization Act for Fiscal Year 1994.--
Section 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 ``Research'' after
``Defense Advanced''; and
(2) in paragraph (3), by inserting ``Research'' after ``Defense
Advanced''.
(i) National Defense Authorization Act for Fiscal Year 1993.--
Section 722(a)(1) of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 10 U.S.C. 1073 note) is amended by
striking ``155 Stat.'' and inserting ``115 Stat.''.

SEC. 1064. REPEAL OF CERTIFICATION REQUIREMENT.

Section 1063 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3445) is repealed.

SEC. 1065. MAINTENANCE OF CAPABILITY FOR SPACE-BASED NUCLEAR DETECTION.

The Secretary of Defense shall maintain the capability for space-
based nuclear detection at a level that meets or exceeds the level of
capability as of the date of the enactment of this Act.

SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES AT NAVAL STATION,
GUANTANAMO BAY, CUBA.

It is the sense of Congress that--
(1) the Nation extends its gratitude to the military personnel
who guard and interrogate some of the world's most dangerous men
every day at Naval Station, Guantanamo Bay, Cuba;
(2) the United States Government should urge the international
community, in general, and in particular, the home countries of the
detainees who remain in detention despite having been ordered
released by a Department of Defense administrative review board, to
work with the Department of Defense to facilitate and expedite the
repatriation of such detainees;
(3) detainees at Guantanamo Bay, to the maximum extent
possible, should be charged and expeditiously prosecuted for crimes
committed against the United States; and
(4) operations at Guantanamo Bay should be carried out in a way
that upholds the national interest and core values of the American
people.

SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DETAINED AT NAVAL
STATION, GUANTANAMO BAY, CUBA.

(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that contains the Secretary's
plan for each individual presently detained at Naval Station,
Guantanamo Bay, Cuba, under the control of the Joint Task Force
Guantanamo, who is or has ever been classified as an ``enemy
combatant'' (referred to in this section as a ``detainee'').
(b) Contents of Report.--The report required under subsection (a)
shall include each of the following:
(1) An identification of the number of detainees who, as of
December 31, 2007, the Department estimates--
(A) will have been or will be charged with one or more
crimes and may, therefore, be tried before a military
commission;
(B) will be subject of an order calling for the release or
transfer of the detainee from the Guantanamo Bay facility; or
(C) will not have been charged with any crimes and will not
be subject to an order calling for the release or transfer of
the detainee from the Guantanamo Bay facility, but whom the
Department wishes to continue to detain.
(2) A description of the actions required to be undertaken, by
the Secretary of Defense, possibly the heads of other Federal
agencies, and Congress, to ensure that detainees who are subject to
an order calling for their release or transfer from the Guantanamo
Bay facility have, in fact, been released.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may contain a classified annex.

SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 109-364
RELATING TO USE OF ARMED FORCES IN MAJOR PUBLIC
EMERGENCIES.

(a) Interference With State and Federal Laws.--
(1) In general.--Section 333 of title 10, United States Code,
is amended to read as follows:

``Sec. 333. Interference with State and Federal law

``The President, by using the militia or the armed forces, or both,
or by any other means, shall take such measures as he considers
necessary to suppress, in a State, any insurrection, domestic violence,
unlawful combination, or conspiracy, if it--
``(1) so hinders the execution of the laws of that State, and
of the United States within the State, that any part or class of
its people is deprived of a right, privilege, immunity, or
protection named in the Constitution and secured by law, and the
constituted authorities of that State are unable, fail, or refuse
to protect that right, privilege, or immunity, or to give that
protection; or
``(2) opposes or obstructs the execution of the laws of the
United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered
to have denied the equal protection of the laws secured by the
Constitution.''.
(2) Proclamation to disperse.--Section 334 of such title is
amended by striking ``or those obstructing the enforcement of the
laws'' after ``insurgents''.
(3) Heading amendment.--The heading of chapter 15 of such title
is amended to read as follows:

``CHAPTER 15--INSURRECTION''.

(4) Clerical amendments.--
(A) The table of sections at the beginning of chapter 15 of
such title is amended by striking the item relating to section
333 and inserting the following new item:

``333. Interference with State and Federal law.''.

(B) The tables of chapters at the beginning of subtitle A
of title 10, United States Code, and at the beginning of part I
of such subtitle, are each amended by striking the item
relating to chapter 15 and inserting the following new item:

``15. Insurrection................................................331''.

(b) Repeal of Section Relating to Provision of Supplies, Services,
and Equipment.--
(1) In general.--Section 2567 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 152 of such title is amended by striking the item
relating to section 2567.
(c) Conforming Amendment.--Section 12304(c) of such title is
amended by striking ``Except to perform'' and all that follows through
``this section'' and inserting ``No unit or member of a reserve
component may be ordered to active duty under this section to perform
any of the functions authorized by chapter 15 or section 12406 of this
title or, except as provided in subsection (b),''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLATIONS IN
UNITED STATES.

(a) Development of Standards.--
(1) Access standards for visitors.--The Secretary of Defense
shall develop access standards applicable to all military
installations in the United States. The standards shall require
screening standards appropriate to the type of installation
involved, the security level, category of individuals authorized to
visit the installation, and level of access to be granted,
including--
(A) protocols to determine the fitness of the individual to
enter an installation; and
(B) standards and methods for verifying the identity of the
individual.
(2) Additional criteria.--The standards required under
paragraph (1) may--
(A) provide for expedited access to a military installation
for Department of Defense personnel and employees and family
members of personnel who reside on the installation;
(B) provide for closer scrutiny of categories of
individuals determined by the Secretary of Defense to pose a
higher potential security risk; and
(C) in the case of an installation that the Secretary
determines contains particularly sensitive facilities, provide
additional screening requirements, as well as physical and
other security measures for the installation.
(b) Use of Technology.--The Secretary of Defense is encouraged to
procure and field existing identification screening technology and to
develop additional technology only to the extent necessary to assist
commanders of military installations in implementing the standards
developed under this section at points of entry for such installations.
(c) Deadlines.--
(1) Development and implementation.--The Secretary of Defense
shall develop the standards required under this section by not
later than July 1, 2008, and implement such standards by not later
than January 1, 2009.
(2) Submission to congress.--Not later than August 1, 2009, the
Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives the standards implemented
pursuant to paragraph (1).

SEC. 1070. REVISED NUCLEAR POSTURE REVIEW.

(a) Requirement for Comprehensive Review.--In order to clarify
United States nuclear deterrence policy and strategy for the near term,
the Secretary of Defense shall conduct a comprehensive review of the
nuclear posture of the United States for the next 5 to 10 years. The
Secretary shall conduct the review in consultation with the Secretary
of Energy and the Secretary of State.
(b) Elements of Review.--The nuclear posture review shall include
the following elements:
(1) The role of nuclear forces in United States military
strategy, planning, and programming.
(2) The policy requirements and objectives for the United
States to maintain a safe, reliable, and credible nuclear
deterrence posture.
(3) The relationship among United States nuclear deterrence
policy, targeting strategy, and arms control objectives.
(4) The role that missile defense capabilities and conventional
strike forces play in determining the role and size of nuclear
forces.
(5) The levels and composition of the nuclear delivery systems
that will be required for implementing the United States national
and military strategy, including any plans for replacing or
modifying existing systems.
(6) The nuclear weapons complex that will be required for
implementing the United States national and military strategy,
including any plans to modernize or modify the complex.
(7) The active and inactive nuclear weapons stockpile that will
be required for implementing the United States national and
military strategy, including any plans for replacing or modifying
warheads.
(c) Report to Congress.--The Secretary of Defense shall submit to
Congress, in unclassified and classified forms as necessary, a report
on the results of the nuclear posture review conducted under this
section. The report shall be submitted concurrently with the
quadrennial defense review required to be submitted under section 118
of title 10, United States Code, in 2009.
(d) Sense of Congress.--It is the sense of Congress that the
nuclear posture review conducted under this section should be used as a
basis for establishing future United States arms control objectives and
negotiating positions.

SEC. 1071. TERMINATION OF COMMISSION ON THE IMPLEMENTATION OF THE NEW
STRATEGIC POSTURE OF THE UNITED STATES.

Section 1051 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3431) is repealed.

SEC. 1072. SECURITY CLEARANCES; LIMITATIONS.

(a) In General.--Title III of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 435b) is amended by adding at the end
the following new section:

``SEC. 3002. SECURITY CLEARANCES; LIMITATIONS.

``(a) Definitions.--In this section:
``(1) Controlled substance.--The term `controlled substance'
has the meaning given that term in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
``(2) Covered person.--The term `covered person' means--
``(A) an officer or employee of a Federal agency;
``(B) a member of the Army, Navy, Air Force, or Marine
Corps who is on active duty or is in an active status; and
``(C) an officer or employee of a contractor of a Federal
agency.
``(3) Restricted data.--The term `Restricted Data' has the
meaning given that term in section 11 of the Atomic Energy Act of
1954 (42 U.S.C. 2014).
``(4) Special access program.--The term `special access
program' has the meaning given that term in section 4.1 of
Executive Order No. 12958 (60 Fed. Reg. 19825).
``(b) Prohibition.--After January 1, 2008, the head of a Federal
agency may not grant or renew a security clearance for a covered person
who is an unlawful user of a controlled substance or an addict (as
defined in section 102(1) of the Controlled Substances Act (21 U.S.C.
802)).
``(c) Disqualification.--
``(1) In general.--After January 1, 2008, absent an express
written waiver granted in accordance with paragraph (2), the head
of a Federal agency may not grant or renew a security clearance
described in paragraph (3) for a covered person who--
``(A) has been convicted in any court of the United States
of a crime, was sentenced to imprisonment for a term exceeding
1 year, and was incarcerated as a result of that sentence for
not less than 1 year;
``(B) has been discharged or dismissed from the Armed
Forces under dishonorable conditions; or
``(C) is mentally incompetent, as determined by an
adjudicating authority, based on an evaluation by a duly
qualified mental health professional employed by, or acceptable
to and approved by, the United States Government and in
accordance with the adjudicative guidelines required by
subsection (d).
``(2) Waiver authority.--In a meritorious case, an exception to
the disqualification in this subsection may be authorized if there
are mitigating factors. Any such waiver may be authorized only in
accordance with--
``(A) standards and procedures prescribed by, or under the
authority of, an Executive order or other guidance issued by
the President; or
``(B) the adjudicative guidelines required by subsection
(d).
``(3) Covered security clearances.--This subsection applies to
security clearances that provide for access to--
``(A) special access programs;
``(B) Restricted Data; or
``(C) any other information commonly referred to as
`sensitive compartmented information'.
``(4) Annual report.--
``(A) Requirement for report.--Not later than February 1 of
each year, the head of a Federal agency shall submit a report
to the appropriate committees of Congress if such agency
employs or employed a person for whom a waiver was granted in
accordance with paragraph (2) during the preceding year. Such
annual report shall not reveal the identity of such person, but
shall include for each waiver issued the disqualifying factor
under paragraph (1) and the reasons for the waiver of the
disqualifying factor.
``(B) Definitions.--In this paragraph:
``(i) Appropriate committees of congress.--The term
`appropriate committees of Congress' means, with respect to
a report submitted under subparagraph (A) by the head of a
Federal agency--

``(I) the congressional defense committees;
``(II) the congressional intelligence committees;
``(III) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(IV) the Committee on Oversight and Government
Reform of the House of Representatives; and
``(V) each Committee of the Senate or the House of
Representatives with oversight authority over such
Federal agency.

``(ii) Congressional defense committees.--The term
`congressional defense committees' has the meaning given
that term in section 101(a)(16) of title 10, United States
Code.
``(iii) Congressional intelligence committees.--The
term `congressional intelligence committees' has the
meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a).
``(d) Adjudicative Guidelines.--
``(1) Requirement to establish.--The President shall establish
adjudicative guidelines for determining eligibility for access to
classified information.
``(2) Requirements related to mental health.--The guidelines
required by paragraph (1) shall--
``(A) include procedures and standards under which a
covered person is determined to be mentally incompetent and
provide a means to appeal such a determination; and
``(B) require that no negative inference concerning the
standards in the guidelines may be raised solely on the basis
of seeking mental health counseling.''.
(b) Conforming Amendments.--
(1) Repeal.--Section 986 of title 10, United States Code, is
repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 49 of such title is amended by striking the item
relating to section 986.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2008.

SEC. 1073. IMPROVEMENTS IN THE PROCESS FOR THE ISSUANCE OF SECURITY
CLEARANCES.

(a) Demonstration Project.--Not later than 6 months after the date
of the enactment of this Act, the Secretary of Defense and the Director
of National Intelligence shall implement a demonstration project that
applies new and innovative approaches to improve the processing of
requests for security clearances.
(b) Evaluation.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense and the Director of
National Intelligence shall carry out an evaluation of the process for
issuing security clearances and develop a specific plan and schedule
for replacing such process with an improved process.
(c) Report.--Not later than 30 days after the date of the
completion of the evaluation required by subsection (b), the Secretary
of Defense and the Director of National Intelligence shall submit to
Congress a report on--
(1) the results of the demonstration project carried out
pursuant to subsection (a);
(2) the results of the evaluation carried out under subsection
(b); and
(3) the recommended specific plan and schedule for replacing
the existing process for issuing security clearances with an
improved process.

SEC. 1074. PROTECTION OF CERTAIN INDIVIDUALS.

(a) Protection for Department Leadership.--The Secretary of
Defense, under regulations prescribed by the Secretary and in
accordance with guidelines approved by the Secretary and the Attorney
General, may authorize qualified members of the Armed Forces and
qualified civilian employees of the Department of Defense to provide
physical protection and personal security within the United States to
the following persons who, by nature of their positions, require
continuous security and protection:
(1) Secretary of Defense.
(2) Deputy Secretary of Defense.
(3) Chairman of the Joint Chiefs of Staff.
(4) Vice Chairman of the Joint Chiefs of Staff.
(5) Secretaries of the military departments.
(6) Chiefs of the Services.
(7) Commanders of combatant commands.
(b) Protection for Additional Personnel.--
(1) Authority to provide.--The Secretary of Defense, under
regulations prescribed by the Secretary and in accordance with
guidelines approved by the Secretary and the Attorney General, may
authorize qualified members of the Armed Forces and qualified
civilian employees of the Department of Defense to provide physical
protection and personal security within the United States to
individuals other than individuals described in paragraphs (1)
through (7) of subsection (a) if the Secretary determines that such
protection and security are necessary because--
(A) there is an imminent and credible threat to the safety
of the individual for whom protection is to be provided; or
(B) compelling operational considerations make such
protection essential to the conduct of official Department of
Defense business.
(2) Personnel.--Individuals authorized to receive physical
protection and personal security under this subsection include the
following:
(A) Any official, military member, or employee of the
Department of Defense.
(B) A former or retired official who faces serious and
credible threats arising from duties performed while employed
by the Department for a period of up to two years beginning on
the date on which the official separates from the Department.
(C) A head of a foreign state, an official representative
of a foreign government, or any other distinguished foreign
visitor to the United States who is primarily conducting
official business with the Department of Defense.
(D) Any member of the immediate family of a person
authorized to receive physical protection and personal security
under this section.
(E) An individual who has been designated by the President,
and who has received the advice and consent of the Senate, to
serve as Secretary of Defense, but who has not yet been
appointed as Secretary of Defense.
(3) Limitation on delegation.--The authority of the Secretary
of Defense to authorize the provision of physical protection and
personal security under this subsection may be delegated only to
the Deputy Secretary of Defense.
(4) Requirement for written determination.--A determination of
the Secretary of Defense to provide physical protection and
personal security under this subsection shall be in writing, shall
be based on a threat assessment by an appropriate law enforcement,
security, or intelligence organization, and shall include the name
and title of the officer, employee, or other individual affected,
the reason for such determination, the duration of the authorized
protection and security for such officer, employee, or individual,
and the nature of the arrangements for the protection and security.
(5) Duration of protection.--
(A) Initial period of protection.--After making a written
determination under paragraph (4), the Secretary of Defense may
provide protection and security to an individual under this
subsection for an initial period of not more than 90 calendar
days.
(B) Subsequent period.--If, at the end of the period that
protection and security is provided to an individual under
subsection (A), the Secretary determines that a condition
described in subparagraph (A) or (B) of paragraph (1) continues
to exist with respect to the individual, the Secretary may
extend the period that such protection and security is provided
for additional 60-day periods. The Secretary shall review such
a determination at the end of each 60-day period to determine
whether to continue to provide such protection and security.
(C) Requirement for compliance with regulations.--
Protection and personal security provided under subparagraph
(B) shall be provided in accordance with the regulations and
guidelines referred to in paragraph (1).
(6) Submission to congress.--
(A) In general.--The Secretary of Defense shall submit to
the congressional defense committees each determination made
under paragraph (4) to provide protection and security to an
individual and of each determination under paragraph (5)(B) to
extend such protection and security, together with the
justification for such determination, not later than 15 days
after the date on which the determination is made.
(B) Form of report.--A report submitted under subparagraph
(A) may be made in classified form.
(C) Regulations and guidelines.--The Secretary of Defense
shall submit to the congressional defense committees the
regulations and guidelines prescribed pursuant to paragraph (1)
not less than 20 days before the date on which such regulations
take effect.
(c) Definitions.--In this section:
(1) Congressional defense committees.--The term ``congressional
defense committees'' means the Committee on Appropriations and the
Committee on Armed Services of the Senate and the Committee on
Appropriations and the Committee on Armed Services of the House of
Representatives.
(2) Qualified members of the armed forces and qualified
civilian employees of the department of defense.--The terms
``qualified members of the Armed Forces'' and ``qualified civilian
employees of the Department of Defense'' refer collectively to
members or employees who are assigned to investigative, law
enforcement, or security duties of any of the following:
(A) The Army Criminal Investigation Command.
(B) The Naval Criminal Investigative Service.
(C) The Air Force Office of Special Investigations.
(D) The Defense Criminal Investigative Service.
(E) The Pentagon Force Protection Agency.
(d) Construction.--
(1) No additional law enforcement or arrest authority.--Other
than the authority to provide protection and security under this
section, nothing in this section may be construed to bestow any
additional law enforcement or arrest authority upon the qualified
members of the Armed Forces and qualified civilian employees of the
Department of Defense.
(2) Posse comitatus.--Nothing in this section shall be
construed to abridge section 1385 of title 18, United States Code.
(3) Authorities of other departments.--Nothing in this section
may be construed to preclude or limit, in any way, the express or
implied powers of the Secretary of Defense or other Department of
Defense officials, or the duties and authorities of the Secretary
of State, the Director of the United States Secret Service, the
Director of the United States Marshals Service, or any other
Federal law enforcement agency.

SEC. 1075. MODIFICATION OF AUTHORITIES ON COMMISSION TO ASSESS THE
THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC PULSE
ATTACK.

(a) Extension of Date of Submittal of Final Report.--Section
1403(a) of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398; 50 U.S.C.
2301 note) is amended by striking ``June 30, 2007'' and inserting
``November 30, 2008''.
(b) Coordination of Work With Department of Homeland Security.--
Section 1404 of such Act is amended by adding at the end the following
new subsection:
``(c) Coordination With Department of Homeland Security.--The
Commission and the Secretary of Homeland Security shall jointly ensure
that the work of the Commission with respect to electromagnetic pulse
attack on electricity infrastructure, and protection against such
attack, is coordinated with Department of Homeland Security efforts on
such matters.''.
(c) Limitation on Department of Defense Funding.--The aggregate
amount of funds provided by the Department of Defense to the Commission
to Assess the Threat to the United States from Electromagnetic Pulse
Attack for purposes of the preparation and submittal of the final
report required by section 1403(a) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as amended by
subsection (a)), whether by transfer or otherwise and including funds
provided the Commission before the date of the enactment of this Act,
shall not exceed $5,600,000.

SEC. 1076. SENSE OF CONGRESS ON SMALL BUSINESS INNOVATION RESEARCH
PROGRAM.

It is the sense of Congress that--
(1) the Department of Defense's Small Business Innovation
Research program has been effective in supporting the performance
of the missions of the Department of Defense, by stimulating
technological innovation through investments in small business
research activities;
(2) the Department of Defense's Small Business Innovation
Research program has transitioned a number of technologies and
systems into operational use by warfighters; and
(3) the Department of Defense's Small Business Innovation
Research program should be reauthorized so as to ensure that the
program's activities can continue seamlessly, efficiently, and
effectively.

SEC. 1077. REVISION OF PROFICIENCY FLYING DEFINITION.

Subsection (c) of section 2245 of title 10, United States Code, is
amended to read as follows:
``(c) In this section, the term `proficiency flying' means flying
performed under competent orders by a rated or designated member of the
armed forces while serving in a non-aviation assignment or in an
assignment in which skills would normally not be maintained in the
performance of assigned duties.''.

SEC. 1078. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF AIRCRAFT UNDER
CONTRACT WITH THE ARMED FORCES.

(a) Definition of Public Aircraft.--Section 40102(a)(41)(E) of
title 49, United States Code, is amended--
(1) by inserting ``or other commercial air service'' after
``transportation''; and
(2) by adding at the end the following: ``In the preceding
sentence, the term `other commercial air service' means an aircraft
operation that (i) is within the United States territorial
airspace; (ii) the Administrator of the Federal Aviation
Administration determines is available for compensation or hire to
the public, and (iii) must comply with all applicable civil
aircraft rules under title 14, Code of Federal Regulations.''.
(b) Aircraft Operated by the Armed Forces.--Section 40125(c)(1)(C)
of such title is amended by inserting ``or other commercial air
service'' after ``transportation''.
(c) Conforming Amendments.--
(1) Section 40125(b) of such title is amended by striking
``40102(a)(37)'' and inserting ``40102(a)(41)''.
(2) Section 40125(c)(1) of such title is amended by striking
``40102(a)(37)(E)'' and inserting ``40102(a)(41)(E)''.

SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON ARMED SERVICES OF THE
SENATE AND THE HOUSE OF REPRESENTATIVES.

(a) Requests of Committees.--The Director of the National
Counterterrorism Center, the Director of a national intelligence
center, or the head of any element of the intelligence community shall,
not later than 45 days after receiving a written request from the Chair
or ranking minority member of the Committee on Armed Services of the
Senate or the Committee on Armed Services of the House of
Representatives for any existing intelligence assessment, report,
estimate, or legal opinion relating to matters within the jurisdiction
of such Committee, make available to such committee such assessment,
report, estimate, or legal opinion, as the case may be.
(b) Assertion of Privilege.--
(1) In general.--In response to a request covered by subsection
(a), the Director of the National Counterterrorism Center, the
Director of a national intelligence center, or the head of any
element of the intelligence community shall provide to the
Committee making such request the document or information covered
by such request unless the President determines that such document
or information shall not be provided because the President is
asserting a privilege pursuant to the Constitution of the United
States.
(2) Submission to congress.--The White House Counsel shall
submit to Congress in writing any assertion by the President under
paragraph (1) of a privilege pursuant to the Constitution.
(c) Definitions.--In this section:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Intelligence assessment.--The term ``intelligence
assessment'' means an intelligence-related analytical study of a
subject of policy significance and does not include building-block
papers, research projects, and reference aids.
(3) Intelligence estimate.--The term ``intelligence estimate''
means an appraisal of available intelligence relating to a specific
situation or condition with a view to determining the courses of
action open to an enemy or potential enemy and the probable order
of adoption of such courses of action.

SEC. 1080. RETENTION OF REIMBURSEMENT FOR PROVISION OF RECIPROCAL FIRE
PROTECTION SERVICES.

Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat. 67; 42
U.S.C. 1856d) is amended--
(1) by striking ``Funds'' and inserting ``(a) Funds''; and
(2) by adding at the end the following new subsection:
``(b) Notwithstanding the provisions of subsection (a), all sums
received for any Department of Defense activity for fire protection
rendered pursuant to this Act shall be credited to the appropriation
fund or account from which the expenses were paid. Amounts so credited
shall be merged with funds in such appropriation fund or account and
shall be available for the same purposes and subject to the same
limitations as the funds with which the funds are merged.''.

SEC. 1081. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR REFUELING
SUPPORT FOR THE AIR FORCE.

(a) Pilot Program Required.--The Secretary of the Air Force shall
conduct, as soon as practicable after the date of the enactment of this
Act, a pilot program to assess the feasibility and advisability of
utilizing commercial fee-for-service air refueling tanker aircraft for
Air Force operations. The duration of the pilot program shall be at
least five years after commencement of the program.
(b) Purpose.--
(1) In general.--The pilot program required by subsection (a)
shall evaluate the feasibility of fee-for-service air refueling to
support, augment, or enhance the air refueling mission of the Air
Force by utilizing commercial air refueling providers on a fee-for-
service basis.
(2) Elements.--In order to achieve the purpose of the pilot
program, the Secretary of the Air Force shall--
(A) demonstrate and validate a comprehensive strategy for
air refueling on a fee-for-service basis by evaluating all
mission areas, including testing support, training support to
receiving aircraft, homeland defense support, deployment
support, air bridge support, aeromedical evacuation, and
emergency air refueling; and
(B) integrate fee-for-service air refueling described in
paragraph (1) into Air Mobility Command operations during the
evaluation and execution phases of the pilot program.
(c) Annual Report.--The Secretary of the Air Force shall provide to
the congressional defense committees an annual report on the fee-for-
service air refueling program, which includes--
(1) information with respect to--
(A) missions flown;
(B) mission areas supported;
(C) aircraft number, type, model series supported;
(D) fuel dispensed;
(E) departure reliability rates; and
(F) the annual and cumulative cost to the Government for
the program, including a comparison of costs of the same
service provided by the Air Force;
(2) an assessment of the impact of outsourcing air refueling on
the Air Force's flying hour program and aircrew training; and
(3) any other data that the Secretary determines is appropriate
for evaluating the performance of the commercial air refueling
providers participating in the pilot program.
(d) Comptroller General Review.--The Comptroller General shall
submit to the congressional defense committees--
(1) an annual review of the conduct of the pilot program under
this section and any recommendations of the Comptroller General for
improving the program; and
(2) not later than 90 days after the completion of the pilot
program, a final assessment of the results of the pilot program and
the recommendations of the Comptroller General for whether the
Secretary of the Air Force should continue to utilize fee-for-
service air refueling.

SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF DEFENSE CAPABILITIES FOR
SUPPORT OF CIVIL AUTHORITIES AFTER CERTAIN INCIDENTS.

(a) In General.--The Secretary of Defense shall establish an
advisory panel to carry out an assessment of the capabilities of the
Department of Defense to provide support to United States civil
authorities in the event of a chemical, biological, radiological,
nuclear, or high-yield explosive (CBRNE) incident.
(b) Panel Matters.--
(1) In general.--The advisory panel required by subsection (a)
shall consist of individuals appointed by the Secretary of Defense
(in consultation with the chairmen and ranking members of the
Committees on Armed Services of the Senate and the House of
Representatives) from among private citizens of the United States
with expertise in the legal, operational, and organizational
aspects of the management of the consequences of a chemical,
biological, radiological, nuclear, or high-yield explosive
incident.
(2) Deadline for appointment.--All members of the advisory
panel shall be appointed under this subsection not later than 30
days after the date on which the Secretary enters into the contract
required by subsection (c).
(3) Initial meeting.--The advisory panel shall conduct its
first meeting not later than 30 days after the date that all
appointments to the panel have been made under this subsection.
(4) Procedures.--The advisory panel shall carry out its duties
under this section under procedures established under subsection
(c) by the federally funded research and development center with
which the Secretary contracts under that subsection. Such
procedures shall include procedures for the selection of a chairman
of the advisory panel from among its members.
(c) Support of Federally Funded Research and Development Center.--
(1) In general.--The Secretary of Defense shall enter into a
contract with a federally funded research and development center
for the provision of support and assistance to the advisory panel
required by subsection (a) in carrying out its duties under this
section. Such support and assistance shall include the
establishment of the procedures of the advisory panel under
subsection (b)(4).
(2) Deadline for contract.--The Secretary shall enter into the
contract required by this subsection not later than 60 days after
the date of the enactment of this Act.
(d) Duties of Panel.--The advisory panel required by subsection (a)
shall--
(1) evaluate the authorities and capabilities of the Department
of Defense to conduct operations in support to United States civil
authorities in the event of a chemical, biological, radiological,
nuclear, or high-yield explosive incident, including the
authorities and capabilities of the military departments, the
Defense Agencies, the combatant commands, any supporting commands,
and the reserve components of the Armed Forces (including the
National Guard in a Federal and non-Federal status);
(2) assess the adequacy of existing plans and programs of the
Department of Defense for training and equipping dedicated,
special, and general purposes forces for conducting operations
described in paragraph (1) across a broad spectrum of scenarios,
including current National Planning Scenarios as applicable;
(3) assess policies, directives, and plans of the Department of
Defense in support of civilian authorities in managing the
consequences of a chemical, biological, radiological, nuclear, or
high-yield explosive incident;
(4) assess the adequacy of policies and structures of the
Department of Defense for coordination with other department and
agencies of the Federal Government, especially the Department of
Homeland Security, the Department of Energy, the Department of
Justice, and the Department of Health and Human Services, in the
provision of support described in paragraph (1);
(5) assess the adequacy and currency of information available
to the Department of Defense, whether directly or through other
departments and agencies of the Federal Government, from State and
local governments in circumstances where the Department provides
support described in paragraph (1) because State and local response
capabilities are not fully adequate for a comprehensive response;
(6) assess the equipment capabilities and needs of the
Department of Defense to provide support described in paragraph
(1);
(7) develop recommendations for modifying the capabilities,
plans, policies, equipment, and structures evaluated or assessed
under this subsection in order to improve the provision by the
Department of Defense of the support described in paragraph (1);
and
(8) assess and make recommendations on--
(A) whether there should be any additional Weapons of Mass
Destruction Civil Support Teams, beyond the 55 already
authorized and, if so, how many additional Civil Support Teams,
and where they should be located; and
(B) what criteria and considerations are appropriate to
determine whether additional Civil Support Teams are needed
and, if so, where they should be located.
(e) Cooperation of Other Agencies.--
(1) In general.--The advisory panel required by subsection (a)
may secure directly from the Department of Defense, the Department
of Homeland Security, the Department of Energy, the Department of
Justice, the Department of Health and Human Services, and any other
department or agency of the Federal Government information that the
panel considers necessary for the panel to carry out its duties.
(2) Cooperation.--The Secretary of Defense, the Secretary of
Homeland Secretary, the Secretary of Energy, the Attorney General,
the Secretary of Health and Human Services, and any other official
of the United States shall provide the advisory panel with full and
timely cooperation in carrying out its duties under this section.
(f) Report.--Not later than 12 months after the date of the initial
meeting of the advisory panel required by subsection (a), the advisory
panel shall submit to the Secretary of Defense, and to the Committees
on Armed Services of the Senate and the House of Representatives, a
report on activities under this section. The report shall set forth--
(1) the findings, conclusions, and recommendations of the
advisory panel for improving the capabilities of the Department of
Defense to provide support to United States civil authorities in
the event of a chemical, biological, radiological, nuclear, or
high-yield explosive incident; and
(2) such other findings, conclusions, and recommendations for
improving the capabilities of the Department for homeland defense
as the advisory panel considers appropriate.

SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY.

(a) Terrorism Exception to Immunity.--
(1) In general.--Chapter 97 of title 28, United States Code, is
amended by inserting after section 1605 the following:

``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a
foreign state

``(a) In General.--
``(1) No immunity.--A foreign state shall not be immune from
the jurisdiction of courts of the United States or of the States in
any case not otherwise covered by this chapter in which money
damages are sought against a foreign state for personal injury or
death that was caused by an act of torture, extrajudicial killing,
aircraft sabotage, hostage taking, or the provision of material
support or resources for such an act if such act or provision of
material support or resources is engaged in by an official,
employee, or agent of such foreign state while acting within the
scope of his or her office, employment, or agency.
``(2) Claim heard.--The court shall hear a claim under this
section if--
``(A)(i)(I) the foreign state was designated as a state
sponsor of terrorism at the time the act described in paragraph
(1) occurred, or was so designated as a result of such act,
and, subject to subclause (II), either remains so designated
when the claim is filed under this section or was so designated
within the 6-month period before the claim is filed under this
section; or
``(II) in the case of an action that is refiled under this
section by reason of section 1083(c)(2)(A) of the National
Defense Authorization Act for Fiscal Year 2008 or is filed
under this section by reason of section 1083(c)(3) of that Act,
the foreign state was designated as a state sponsor of
terrorism when the original action or the related action under
section 1605(a)(7) (as in effect before the enactment of this
section) or section 589 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997 (as
contained in section 101(c) of division A of Public Law 104-
208) was filed;
``(ii) the claimant or the victim was, at the time the act
described in paragraph (1) occurred--
``(I) a national of the United States;
``(II) a member of the armed forces; or
``(III) otherwise an employee of the Government of the
United States, or of an individual performing a contract
awarded by the United States Government, acting within the
scope of the employee's employment; and
``(iii) in a case in which the act occurred in the foreign
state against which the claim has been brought, the claimant
has afforded the foreign state a reasonable opportunity to
arbitrate the claim in accordance with the accepted
international rules of arbitration; or
``(B) the act described in paragraph (1) is related to Case
Number 1:00CV03110 (EGS) in the United States District Court
for the District of Columbia.
``(b) Limitations.--An action may be brought or maintained under
this section if the action is commenced, or a related action was
commenced under section 1605(a)(7) (before the date of the enactment of
this section) or section 589 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997 (as contained
in section 101(c) of division A of Public Law 104-208) not later than
the latter of--
``(1) 10 years after April 24, 1996; or
``(2) 10 years after the date on which the cause of action
arose.
``(c) Private Right of Action.--A foreign state that is or was a
state sponsor of terrorism as described in subsection (a)(2)(A)(i), and
any official, employee, or agent of that foreign state while acting
within the scope of his or her office, employment, or agency, shall be
liable to--
``(1) a national of the United States,
``(2) a member of the armed forces,
``(3) an employee of the Government of the United States, or of
an individual performing a contract awarded by the United States
Government, acting within the scope of the employee's employment,
or
``(4) the legal representative of a person described in
paragraph (1), (2), or (3),
for personal injury or death caused by acts described in subsection
(a)(1) of that foreign state, or of an official, employee, or agent of
that foreign state, for which the courts of the United States may
maintain jurisdiction under this section for money damages. In any such
action, damages may include economic damages, solatium, pain and
suffering, and punitive damages. In any such action, a foreign state
shall be vicariously liable for the acts of its officials, employees,
or agents.
``(d) Additional Damages.--After an action has been brought under
subsection (c), actions may also be brought for reasonably foreseeable
property loss, whether insured or uninsured, third party liability, and
loss claims under life and property insurance policies, by reason of
the same acts on which the action under subsection (c) is based.
``(e) Special Masters.--
``(1) In general.--The courts of the United States may appoint
special masters to hear damage claims brought under this section.
``(2) Transfer of funds.--The Attorney General shall transfer,
from funds available for the program under section 1404C of the
Victims of Crime Act of 1984 (42 U.S.C. 10603c), to the
Administrator of the United States district court in which any case
is pending which has been brought or maintained under this section
such funds as may be required to cover the costs of special masters
appointed under paragraph (1). Any amount paid in compensation to
any such special master shall constitute an item of court costs.
``(f) Appeal.--In an action brought under this section, appeals
from orders not conclusively ending the litigation may only be taken
pursuant to section 1292(b) of this title.
``(g) Property Disposition.--
``(1) In general.--In every action filed in a United States
district court in which jurisdiction is alleged under this section,
the filing of a notice of pending action pursuant to this section,
to which is attached a copy of the complaint filed in the action,
shall have the effect of establishing a lien of lis pendens upon
any real property or tangible personal property that is--
``(A) subject to attachment in aid of execution, or
execution, under section 1610;
``(B) located within that judicial district; and
``(C) titled in the name of any defendant, or titled in the
name of any entity controlled by any defendant if such notice
contains a statement listing such controlled entity.
``(2) Notice.--A notice of pending action pursuant to this
section shall be filed by the clerk of the district court in the
same manner as any pending action and shall be indexed by listing
as defendants all named defendants and all entities listed as
controlled by any defendant.
``(3) Enforceability.--Liens established by reason of this
subsection shall be enforceable as provided in chapter 111 of this
title.
``(h) Definitions.--For purposes of this section--
``(1) the term `aircraft sabotage' has the meaning given that
term in Article 1 of the Convention for the Suppression of Unlawful
Acts Against the Safety of Civil Aviation;
``(2) the term `hostage taking' has the meaning given that term
in Article 1 of the International Convention Against the Taking of
Hostages;
``(3) the term `material support or resources' has the meaning
given that term in section 2339A of title 18;
``(4) the term `armed forces' has the meaning given that term
in section 101 of title 10;
``(5) the term `national of the United States' has the meaning
given that term in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));
``(6) the term `state sponsor of terrorism' means a country the
government of which the Secretary of State has determined, for
purposes of section 6(j) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control
Act (22 U.S.C. 2780), or any other provision of law, is a
government that has repeatedly provided support for acts of
international terrorism; and
``(7) the terms `torture' and `extrajudicial killing' have the
meaning given those terms in section 3 of the Torture Victim
Protection Act of 1991 (28 U.S.C. 1350 note).''.
(2) Amendment to chapter analysis.--The table of sections at
the beginning of chapter 97 of title 28, United States Code, is
amended by inserting after the item relating to section 1605 the
following:
``1605A. Terrorism exception to the jurisdictional immunity of a foreign
state.''.

(b) Conforming Amendments.--
(1) General exception.--Section 1605 of title 28, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (5)(B), by inserting ``or'' after the
semicolon;
(ii) in paragraph (6)(D), by striking ``; or'' and
inserting a period; and
(iii) by striking paragraph (7);
(B) by repealing subsections (e) and (f); and
(C) in subsection (g)(1)(A), by striking ``but for
subsection (a)(7)'' and inserting ``but for section 1605A''.
(2) Counterclaims.--Section 1607(a) of title 28, United States
Code, is amended by inserting ``or 1605A'' after ``1605''.
(3) Property.--Section 1610 of title 28, United States Code, is
amended--
(A) in subsection (a)(7), by striking ``1605(a)(7)'' and
inserting ``1605A'';
(B) in subsection (b)(2), by striking ``(5), or (7), or
1605(b)'' and inserting ``or (5), 1605(b), or 1605A'';
(C) in subsection (f), in paragraphs (1)(A) and (2)(A), by
inserting ``(as in effect before the enactment of section
1605A) or section 1605A'' after ``1605(a)(7)''; and
(D) by adding at the end the following:
``(g) Property in Certain Actions.--
``(1) In general.--Subject to paragraph (3), the property of a
foreign state against which a judgment is entered under section
1605A, and the property of an agency or instrumentality of such a
state, including property that is a separate juridical entity or is
an interest held directly or indirectly in a separate juridical
entity, is subject to attachment in aid of execution, and
execution, upon that judgment as provided in this section,
regardless of--
``(A) the level of economic control over the property by
the government of the foreign state;
``(B) whether the profits of the property go to that
government;
``(C) the degree to which officials of that government
manage the property or otherwise control its daily affairs;
``(D) whether that government is the sole beneficiary in
interest of the property; or
``(E) whether establishing the property as a separate
entity would entitle the foreign state to benefits in United
States courts while avoiding its obligations.
``(2) United states sovereign immunity inapplicable.--Any
property of a foreign state, or agency or instrumentality of a
foreign state, to which paragraph (1) applies shall not be immune
from attachment in aid of execution, or execution, upon a judgment
entered under section 1605A because the property is regulated by
the United States Government by reason of action taken against that
foreign state under the Trading With the Enemy Act or the
International Emergency Economic Powers Act.
``(3) Third-party joint property holders.--Nothing in this
subsection shall be construed to supersede the authority of a court
to prevent appropriately the impairment of an interest held by a
person who is not liable in the action giving rise to a judgment in
property subject to attachment in aid of execution, or execution,
upon such judgment.''.
(4) Victims of crime act.--Section 1404C(a)(3) of the Victims
of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by
striking ``December 21, 1988 with respect to which an investigation
or'' and inserting ``October 23, 1983, with respect to which an
investigation or civil or criminal''.
(c) Application to Pending Cases.--
(1) In general.--The amendments made by this section shall
apply to any claim arising under section 1605A of title 28, United
States Code.
(2) Prior actions.--
(A) In general.--With respect to any action that--
(i) was brought under section 1605(a)(7) of title 28,
United States Code, or section 589 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in section 101(c) of
division A of Public Law 104-208), before the date of the
enactment of this Act,
(ii) relied upon either such provision as creating a
cause of action,
(iii) has been adversely affected on the grounds that
either or both of these provisions fail to create a cause
of action against the state, and
(iv) as of such date of enactment, is before the courts
in any form, including on appeal or motion under rule 60(b)
of the Federal Rules of Civil Procedure,
that action, and any judgment in the action shall, on motion
made by plaintiffs to the United States district court where
the action was initially brought, or judgment in the action was
initially entered, be given effect as if the action had
originally been filed under section 1605A(c) of title 28,
United States Code.
(B) Defenses waived.--The defenses of res judicata,
collateral estoppel, and limitation period are waived--
(i) in any action with respect to which a motion is
made under subparagraph (A), or
(ii) in any action that was originally brought, before
the date of the enactment of this Act, under section
1605(a)(7) of title 28, United States Code, or section 589
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997 (as contained in section
101(c) of division A of Public Law 104-208), and is refiled
under section 1605A(c) of title 28, United States Code,
to the extent such defenses are based on the claim in the
action.
(C) Time limitations.--A motion may be made or an action
may be refiled under subparagraph (A) only--
(i) if the original action was commenced not later than
the latter of--

(I) 10 years after April 24, 1996; or
(II) 10 years after the cause of action arose; and

(ii) within the 60-day period beginning on the date of
the enactment of this Act.
(3) Related actions.--If an action arising out of an act or
incident has been timely commenced under section 1605(a)(7) of
title 28, United States Code, or section 589 of the Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1997 (as contained in section 101(c) of division A of Public
Law 104-208), any other action arising out of the same act or
incident may be brought under section 1605A of title 28, United
States Code, if the action is commenced not later than the latter
of 60 days after--
(A) the date of the entry of judgment in the original
action; or
(B) the date of the enactment of this Act.
(4) Preserving the jurisdiction of the courts.--Nothing in
section 1503 of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11, 117 Stat. 579) has ever authorized,
directly or indirectly, the making inapplicable of any provision of
chapter 97 of title 28, United States Code, or the removal of the
jurisdiction of any court of the United States.
(d) Applicability to Iraq.--
(1) Applicability.--The President may waive any provision of
this section with respect to Iraq, insofar as that provision may,
in the President's determination, affect Iraq or any agency or
instrumentality thereof, if the President determines that--
(A) the waiver is in the national security interest of the
United States;
(B) the waiver will promote the reconstruction of, the
consolidation of democracy in, and the relations of the United
States with, Iraq; and
(C) Iraq continues to be a reliable ally of the United
States and partner in combating acts of international
terrorism.
(2) Temporal scope.--The authority under paragraph (1) shall
apply--
(A) with respect to any conduct or event occurring before
or on the date of the enactment of this Act;
(B) with respect to any conduct or event occurring before
or on the date of the exercise of that authority; and
(C) regardless of whether, or the extent to which, the
exercise of that authority affects any action filed before, on,
or after the date of the exercise of that authority or of the
enactment of this Act.
(3) Notification to congress.--A waiver by the President under
paragraph (1) shall cease to be effective 30 days after it is made
unless the President has notified Congress in writing of the basis
for the waiver as determined by the President under paragraph (1).
(4) Sense of congress.--It is the sense of the Congress that
the President, acting through the Secretary of State, should work
with the Government of Iraq on a state-to-state basis to ensure
compensation for any meritorious claims based on terrorist acts
committed by the Saddam Hussein regime against individuals who were
United States nationals or members of the United States Armed
Forces at the time of those terrorist acts and whose claims cannot
be addressed in courts in the United States due to the exercise of
the waiver authority under paragraph (1).
(e) Severability.--If any provision of this section or the
amendments made by this section, or the application of such provision
to any person or circumstance, is held invalid, the remainder of this
section and such amendments, and the application of such provision to
other persons not similarly situated or to other circumstances, shall
not be affected by such invalidation.

TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL
COMPENSATION PAID TO FEDERAL CIVILIAN EMPLOYEES WORKING
OVERSEAS UNDER AREAS OF UNITED STATES CENTRAL COMMAND.

(a) Extension.--Section 1105 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3450), as
amended by section 1105 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2409), is amended--
(1) in subsection (a)--
(A) by striking ``and 2007'' and inserting ``, 2007, and
2008''; and
(B) by striking ``Code).'' and inserting ``Code) or, during
2008, a military operation (including a contingency operation,
as so defined) or an operation in response to an emergency
declared by the President.''; and
(2) in subsection (b), by striking ``2007.'' and inserting
``2007 or 2008.''.
(b) Retroactive Effective Date.--The amendments made by subsection
(a) shall take effect as of December 31, 2007.

SEC. 1102. CONTINUATION OF LIFE INSURANCE COVERAGE FOR FEDERAL
EMPLOYEES CALLED TO ACTIVE DUTY.

Section 8706 of title 5, United States Code, is amended--
(1) by redesignating subsections (d) through (g) as subsections
(e) through (h), respectively; and
(2) by inserting after subsection (c) the following:
``(d)(1) An employee who enters on approved leave without pay in
the circumstances described in paragraph (2) may elect to have such
employee's life insurance continue (beyond the end of the 12 months of
coverage provided for under subsection (a)) for an additional 12 months
and arrange to pay currently into the Employees' Life Insurance Fund,
through such employee's employing agency, both employee and agency
contributions, from the beginning of that additional 12 months of
coverage. The employing agency shall forward the premium payments to
the Fund. If the employee does not so elect, such employee's insurance
will continue during nonpay status and stop as provided by subsection
(a). An individual making an election under this subsection may cancel
that election at any time, in which case such employee's insurance will
stop as provided by subsection (a) or upon receipt of notice of
cancellation, whichever is later.
``(2) This subsection applies in the case of any employee who--
``(A) is a member of a reserve component of the armed forces
called or ordered to active duty under a call or order that does
not specify a period of 30 days or less; and
``(B) enters on approved leave without pay to perform active
duty pursuant to such call or order.''.

SEC. 1103. TRANSPORTATION OF DEPENDENTS, HOUSEHOLD EFFECTS, AND
PERSONAL PROPERTY TO FORMER HOME FOLLOWING DEATH OF
FEDERAL EMPLOYEE WHERE DEATH RESULTED FROM DISEASE OR
INJURY INCURRED IN THE CENTRAL COMMAND AREA OF
RESPONSIBILITY.

(a) In General.--Paragraph (2) of section 5742(b) of title 5,
United States Code, is amended to read as follows:
``(2) the expense of transporting his dependents, including
expenses of packing, crating, draying, and transporting household
effects and other personal property to his former home or such
other place as is determined by the head of the agency concerned,
if--
``(A) the employee died while performing official duties
outside the continental United States or in transit thereto or
therefrom; or
``(B) in the case of an employee who was a party to a
mandatory mobility agreement that was in effect when the
employee died--
``(i) the employee died in the circumstances described
in subparagraph (A); or
``(ii)(I) the employee died as a result of disease or
injury incurred while performing official duties--

``(aa) in an overseas location that, at the time
such employee was performing such official duties, was
within the area of responsibility of the Commander of
the United States Central Command; and
``(bb) in direct support of or directly related to
a military operation, including a contingency operation
(as defined in section 101(13) of title 10) or an
operation in response to an emergency declared by the
President; and

``(II) the employee's dependents were residing either
outside the continental United States or within the
continental United States when the employee died; and''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to deaths occurring on or after the date of the
enactment of this Act.

SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES ASSIGNED ON
DEPLOYMENT TEMPORARY CHANGE OF STATION.

(a) Authority.--Subchapter II of chapter 57 of title 5, United
States Code, is amended by inserting after section 5737 the following:

``Sec. 5737a. Employees temporarily deployed in contingency operations

``(a) Definitions.--For purposes of this section--
``(1) the term `covered employee' means an individual who--
``(A) is an employee of an Executive agency or a military
department, excluding a Government controlled corporation; and
``(B) is assigned on a temporary change of station in
support of a contingency operation;
``(2) the term `temporary change of station', as used with
respect to an employee, means an assignment--
``(A) from the employee's official duty station to a
temporary duty station; and
``(B) for which such employee is eligible for expenses
under section 5737; and
``(3) the term `contingency operation' has the meaning given
such term by section 1482a(c) of title 10.
``(b) Quarters and Rations.--The head of an agency may provide
quarters and rations, without charge, to any covered employee of such
agency during the period of such employee's temporary assignment (as
described in subsection (a)(1)(B)).
``(c) Storage of Motor Vehicle.--The head of an agency may provide
for the storage, without charge, or for the reimbursement of the cost
of storage, of a motor vehicle that is owned or leased by a covered
employee of such agency (or by a dependent of such an employee) and
that is for the personal use of the covered employee. This subsection
shall apply--
``(1) with respect to storage during the period of the
employee's temporary assignment (as described in subsection
(a)(1)(B)); and
``(2) in the case of a covered employee, with respect to not
more than one motor vehicle as of any given time.
``(d) Relationship to Other Benefits.--Any benefits under this
section shall be in addition to (and not in lieu of) any other benefits
for which the covered employee is otherwise eligible.''.
(b) Clerical Amendment.--The table of sections for chapter 57 of
such title is amended by inserting after the item relating to section
5737 the following:
``5737a. Employees temporarily deployed in contingency operations.''.

SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES.

(a) Death Gratuity Authorized.--Chapter 81 of title 5, United
States Code, is amended by inserting after section 8102 the following:

``Sec. 8102a. Death gratuity for injuries incurred in connection with
employee's service with an Armed Force

``(a) Death Gratuity Authorized.--The United States shall pay a
death gratuity of up to $100,000 to or for the survivor prescribed by
subsection (d) immediately upon receiving official notification of the
death of an employee who dies of injuries incurred in connection with
the employee's service with an Armed Force in a contingency operation.
``(b) Retroactive Payment in Certain Cases.--At the discretion of
the Secretary concerned, subsection (a) may apply in the case of an
employee who died, on or after October 7, 2001, and before the date of
enactment of this section, as a result of injuries incurred in
connection with the employee's service with an Armed Force in the
theater of operations of Operation Enduring Freedom or Operation Iraqi
Freedom.
``(c) Relationship to Other Benefits.--The death gratuity payable
under this section shall be reduced by the amount of any death gratuity
provided under section 413 of the Foreign Service Act of 1980, section
1603 of the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006, or any other law of
the United States based on the same death.
``(d) Eligible Survivors.--
``(1) Subject to paragraph (5), a death gratuity payable upon
the death of a person covered by subsection (a) shall be paid to or
for the living survivor highest on the following list:
``(A) The employee's surviving spouse.
``(B) The employee's children, as prescribed by paragraph
(2), in equal shares.
``(C) If designated by the employee, any one or more of the
following persons:
``(i) The employee's parents or persons in loco
parentis, as prescribed by paragraph (3).
``(ii) The employee's brothers.
``(iii) The employee's sisters.
``(D) The employee's parents or persons in loco parentis,
as prescribed by paragraph (3), in equal shares.
``(E) The employee's brothers and sisters in equal shares.
Subparagraphs (C) and (E) of this paragraph include brothers and
sisters of the half blood and those through adoption.
``(2) Paragraph (1)(B) applies, without regard to age or
marital status, to--
``(A) legitimate children;
``(B) adopted children;
``(C) stepchildren who were a part of the decedent's
household at the time of death;
``(D) illegitimate children of a female decedent; and
``(E) illegitimate children of a male decedent--
``(i) who have been acknowledged in writing signed by
the decedent;
``(ii) who have been judicially determined, before the
decedent's death, to be his children;
``(iii) who have been otherwise proved, by evidence
satisfactory to the employing agency, to be children of the
decedent; or
``(iv) to whose support the decedent had been
judicially ordered to contribute.
``(3) Subparagraphs (C) and (D) of paragraph (1), so far as
they apply to parents and persons in loco parentis, include fathers
and mothers through adoption, and persons who stood in loco
parentis to the decedent for a period of not less than one year at
any time before the decedent became an employee. However, only one
father and one mother, or their counterparts in loco parentis, may
be recognized in any case, and preference shall be given to those
who exercised a parental relationship on the date, or most nearly
before the date, on which the decedent became an employee.
``(4) Beginning on the date of the enactment of this paragraph,
a person covered by this section may designate another person to
receive not more than 50 percent of the amount payable under this
section. The designation shall indicate the percentage of the
amount, to be specified only in 10 percent increments up to the
maximum of 50 percent, that the designated person may receive. The
balance of the amount of the death gratuity shall be paid to or for
the living survivors of the person concerned in accordance with
subparagraphs (A) through (E) of paragraph (1).
``(5) If a person entitled to all or a portion of a death
gratuity under paragraph (1) or (4) dies before the person receives
the death gratuity, it shall be paid to the living survivor next in
the order prescribed by paragraph (1).
``(e) Definitions.--(1) The term `contingency operation' has the
meaning given to that term in section 1482a(c) of title 10, United
States Code.
``(2) The term `employee' has the meaning provided in section 8101
of this title, but also includes a nonappropriated fund instrumentality
employee, as defined in section 1587(a)(1) of title 10.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by inserting after the item
relating to section 8102 the following:
``8102a. Death gratuity for injuries incurred in connection with
employee's service with an Armed Force.''.

SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY PERSONNEL SYSTEM.

(a) In General.--Section 9902 of title 5, United States Code, is
amended to read as follows:

``Sec. 9902. Establishment of human resources management system

``(a) In General.--The Secretary may, in regulations prescribed
jointly with the Director, establish, and from time to time adjust, a
human resources management system for some or all of the organizational
or functional units of the Department of Defense. The human resources
management system established under authority of this section shall be
referred to as the `National Security Personnel System'.
``(b) System Requirements.--Any system established under subsection
(a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and fitness
set forth in section 2301, including the principles of hiring
based on merit, fair treatment without regard to political
affiliation or other nonmerit considerations, equal pay for
equal work, and protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to prohibited
personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1), (8), and (9); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b)(1), (8), and (9) by--
``(I) providing for equal employment opportunity
through affirmative action; or
``(II) providing any right or remedy available to any
employee or applicant for employment in the public service;
``(D) any other provision of this part (as described in
subsection (d)); or
``(E) any rule or regulation prescribed under any provision
of law referred to in this paragraph;
``(4) not apply to any prevailing rate employees, as defined in
section 5342(a)(2);
``(5) ensure that employees may organize, bargain collectively,
and participate through labor organizations of their own choosing
in decisions which affect them, subject to any exclusion from
coverage or limitation on negotiability established pursuant to
law;
``(6) not be limited by any specific law or authority under
this title, or by any rule or regulation prescribed under this
title, that is waived in regulations prescribed under this chapter,
subject to paragraph (3); and
``(7) include a performance management system that incorporates
the following elements:
``(A) Adherence to merit principles set forth in section
2301.
``(B) A fair, credible, and transparent employee
performance appraisal system.
``(C) A link between the performance management system and
the agency's strategic plan.
``(D) A means for ensuring employee involvement in the
design and implementation of the system.
``(E) Adequate training and retraining for supervisors,
managers, and employees in the implementation and operation of
the performance management system.
``(F) A process for ensuring ongoing performance feedback
and dialogue between supervisors, managers, and employees
throughout the appraisal period, and setting timetables for
review.
``(G) Effective safeguards to ensure that the management of
the system is fair and equitable and based on employee
performance.
``(H) A means for ensuring that adequate agency resources
are allocated for the design, implementation, and
administration of the performance management system.
``(I) A pay-for-performance evaluation system to better
link individual pay to performance, and provide an equitable
method for appraising and compensating employees.
``(c) Personnel Management at Defense Laboratories.--
``(1) The National Security Personnel System shall not apply
with respect to a laboratory under paragraph (2) before October 1,
2011, and shall apply on or after October 1, 2011, only to the
extent that the Secretary determines that the flexibilities
provided by the National Security Personnel System are greater than
the flexibilities provided to those laboratories pursuant to
section 342 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2721) and section 1101 of
the Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (5 U.S.C. 3104 note), respectively.
``(2) The laboratories to which this subsection applies are--
``(A) the Aviation and Missile Research Development and
Engineering Center;
``(B) the Army Research Laboratory;
``(C) the Medical Research and Materiel Command;
``(D) the Engineer Research and Development Command;
``(E) the Communications-Electronics Command;
``(F) the Soldier and Biological Chemical Command;
``(G) the Naval Sea Systems Command Centers;
``(H) the Naval Research Laboratory;
``(I) the Office of Naval Research; and
``(J) the Air Force Research Laboratory.
``(d) Other Nonwaivable Provisions.--The other provisions of this
part referred to in subsection (b)(3)(D) are--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55 (except subchapter V thereof,
apart from section 5545b), 57, 59, 71, 72, 73, 75, 77, and 79, and
this chapter.
``(e) Limitations Relating to Pay.--
``(1) Nothing in this section shall constitute authority to
modify the pay of any employee who serves in an Executive Schedule
position under subchapter II of chapter 53.
``(2) Except as provided for in paragraph (1), the total amount
in a calendar year of allowances, differentials, bonuses, awards,
or other similar cash payments paid under this title to any
employee who is paid under section 5376 or 5383 or under title 10
or under other comparable pay authority established for payment of
Department of Defense senior executive or equivalent employees may
not exceed the total annual compensation payable to the Vice
President under section 104 of title 3.
``(3) To the maximum extent practicable, the rates of
compensation for civilian employees at the Department of Defense
shall be adjusted at the same rate, and in the same proportion, as
are rates of compensation for members of the uniformed services.
``(4) To the maximum extent practicable, for fiscal years 2004
through 2012, the overall amount allocated for compensation of the
civilian employees of an organizational or functional unit of the
Department of Defense that is included in the National Security
Personnel System shall not be less than the amount that would have
been allocated for compensation of such employees for such fiscal
year if they had not been converted to the National Security
Personnel System, based on, at a minimum--
``(A) the number and mix of employees in such
organizational or functional unit prior to the conversion of
such employees to the National Security Personnel System; and
``(B) adjusted for normal step increases and rates of
promotion that would have been expected, had such employees
remained in their previous pay schedule.
``(5) To the maximum extent practicable, the regulations
implementing the National Security Personnel System shall provide a
formula for calculating the overall amount to be allocated for
fiscal years after fiscal year 2012 for compensation of the
civilian employees of an organization or functional unit of the
Department of Defense that is included in the National Security
Personnel System. The formula shall ensure that in the aggregate,
employees are not disadvantaged in terms of the overall amount of
pay available as a result of conversion to the National Security
Personnel System, while providing flexibility to accommodate
changes in the function of the organization, changes in the mix of
employees performing those functions, and other changed
circumstances that might impact pay levels.
``(6) Amounts allocated for compensation of civilian employees
of the Department of Defense pursuant to paragraphs (4) and (5)
shall be available only for the purpose of providing such
compensation.
``(7) At the time of any annual adjustment to pay schedules
pursuant to section 5303, the rate of basic pay for each employee
of an organizational or functional unit of the Department of
Defense that is included in the National Security Personnel System
who receives a performance rating above unacceptable or who does
not have a current rating of record for the most recently completed
appraisal period shall be adjusted by no less than 60 percent of
the amount of such adjustment. The balance of the amount that would
have been available for an annual adjustment under section 5303
shall be allocated to pay pool funding, for the purpose of
increasing rates of pay on the basis of employee performance.
``(8) Each employee of an organizational or functional unit of
the Department of Defense that is included in the National Security
Personnel System who receives a performance rating above
unacceptable or who does not have a current rating of record for
the most recently completed appraisal period shall receive--
``(A) locality-based comparability payments under section
5304 and section 5304a in the same manner and to the same
extent as employees under the General Schedule; or
``(B) the full measure of any other local market supplement
applicable to the employee if locality-based comparability
payments referred to in subparagraph (A) are not generally
applicable to the employee.
Nothing in this paragraph shall be construed to make locality-based
comparability payments or other local market supplements payable to
any category of employees or positions which were ineligible for
such payments or supplements (as the case may be) as of the day
before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2004.
``(9) Any rate of pay established or adjusted in accordance
with the requirements of this section shall be non-negotiable, but
shall be subject to procedures and appropriate arrangements of
paragraphs (2) and (3) of section 7106(b), except that nothing in
this paragraph shall be construed to eliminate the bargaining
rights of any category of employees who were authorized to
negotiate rates of pay as of the day before the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2004.
``(f) Provisions Regarding National Level Bargaining.--
``(1) The Secretary may bargain with a labor organization which
has been accorded exclusive recognition under chapter 71 at an
organizational level above the level of exclusive recognition. The
decision to bargain above the level of exclusive recognition shall
not be subject to review. The Secretary shall consult with the
labor organization before determining the appropriate
organizational level of bargaining.
``(2) Any such bargaining shall--
``(A) address issues that are--
``(i) subject to bargaining under chapter 71 and this
chapter;
``(ii) applicable to multiple bargaining units; and
``(iii) raised by either party to the bargaining;
``(B) except as agreed by the parties or directed through
an independent dispute resolution process agreed upon by the
parties, be binding on all affected subordinate bargaining
units of the labor organization at the level of recognition and
their exclusive representatives, and the Department of Defense
and its subcomponents, without regard to levels of recognition;
``(C) to the extent agreed by the parties or directed
through an independent dispute resolution process agreed upon
by the parties, supersede conflicting provisions of all other
collective bargaining agreements of the labor organization,
including collective bargaining agreements negotiated with an
exclusive representative at the level of recognition; and
``(D) except as agreed by the parties or directed through
an independent dispute resolution process agreed upon by the
parties, not be subject to further negotiations for any
purpose, including bargaining at the level of recognition.
``(3) Any independent dispute resolution process agreed to by
the parties for the purposes of paragraph (2) shall have the
authority to address all issues on which the parties are unable to
reach agreement.
``(4) The National Guard Bureau and the Army and Air Force
National Guard may be included in coverage under this subsection.
``(5) Any bargaining completed pursuant to this subsection with
a labor organization not otherwise having national consultation
rights with the Department of Defense or its subcomponents shall
not create any obligation on the Department of Defense or its
subcomponents to confer national consultation rights on such a
labor organization.
``(g) Provisions Related to Separation and Retirement Incentives.--
``(1) The Secretary may establish a program within the
Department of Defense under which employees may be eligible for
early retirement, offered separation incentive pay to separate from
service voluntarily, or both. This authority may be used to reduce
the number of personnel employed by the Department of Defense or to
restructure the workforce to meet mission objectives without
reducing the overall number of personnel. This authority is in
addition to, and notwithstanding, any other authorities established
by law or regulation for such programs.
``(2)(A) The Secretary may not authorize the payment of
voluntary separation incentive pay under paragraph (1) to more than
25,000 employees in any fiscal year, except that employees who
receive voluntary separation incentive pay as a result of a closure
or realignment of a military installation under the Defense Base
Closure and Realignment Act of 1990 (title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note) shall not be included in that number.
``(B) The Secretary shall prepare a report each fiscal year
setting forth the number of employees who received such pay as a
result of a closure or realignment of a military base as described
under subparagraph (A).
``(C) The Secretary shall submit the report under subparagraph
(B) to the Committee on Armed Services and the Committee on
Governmental Affairs of the Senate, and the Committee on Armed
Services and the Committee on Government Reform of the House of
Representatives.
``(3) For purposes of this section, the term `employee' means
an employee of the Department of Defense, serving under an
appointment without time limitation, except that such term does not
include--
``(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84, or another retirement system for
employees of the Federal Government;
``(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under any of the retirement systems referred to in subparagraph
(A); or
``(C) for purposes of eligibility for separation incentives
under this section, an employee who is in receipt of a decision
notice of involuntary separation for misconduct or unacceptable
performance.
``(4) An employee who is at least 50 years of age and has
completed 20 years of service, or has at least 25 years of service,
may, pursuant to regulations promulgated under this section, apply
and be retired from the Department of Defense and receive benefits
in accordance with chapter 83 or 84 if the employee has been
employed continuously within the Department of Defense for more
than 30 days before the date on which the determination to conduct
a reduction or restructuring within 1 or more Department of Defense
components is approved.
``(5)(A) Separation pay shall be paid in a lump sum or in
installments and shall be equal to the lesser of --
``(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c), if the employee were
entitled to payment under such section; or
``(ii) $25,000.
``(B) Separation pay shall not be a basis for payment, and
shall not be included in the computation, of any other type of
Government benefit. Separation pay shall not be taken into account
for the purpose of determining the amount of any severance pay to
which an individual may be entitled under section 5595, based on
any other separation.
``(C) Separation pay, if paid in installments, shall cease to
be paid upon the recipient's acceptance of employment by the
Federal Government, or commencement of work under a personal
services contract as described in paragraph (6).
``(6)(A) An employee who receives separation pay under such
program may not be reemployed by the Department of Defense for a
12-month period beginning on the effective date of the employee's
separation, unless this prohibition is waived by the Secretary on a
case-by-case basis.
``(B) An employee who receives separation pay under this
section on the basis of a separation occurring on or after the date
of the enactment of the Federal Workforce Restructuring Act of 1994
(Public Law 103-226; 108 Stat. 111) and accepts employment with the
Government of the United States, or who commences work through a
personal services contract with the United States within 5 years
after the date of the separation on which payment of the separation
pay is based, shall be required to repay the entire amount of the
separation pay to the Department of Defense. If the employment is
with an Executive agency (as defined by section 105) other than the
Department of Defense, the Director may, at the request of the head
of that agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified applicant
available for the position. If the employment is within the
Department of Defense, the Secretary may waive the repayment if the
individual involved is the only qualified applicant available for
the position. If the employment is with an entity in the
legislative branch, the head of the entity or the appointing
official may waive the repayment if the individual involved
possesses unique abilities and is the only qualified applicant
available for the position. If the employment is with the judicial
branch, the Director of the Administrative Office of the United
States Courts may waive the repayment if the individual involved
possesses unique abilities and is the only qualified applicant
available for the position.
``(7) Under this program, early retirement and separation pay
may be offered only pursuant to regulations established by the
Secretary, subject to such limitations or conditions as the
Secretary may require.
``(h) Provisions Relating to Reemployment.--
``(1) Except as provided under paragraph (2), if an annuitant
receiving an annuity from the Civil Service Retirement and
Disability Fund becomes employed in a position within the
Department of Defense, his annuity shall continue. An annuitant so
reemployed shall not be considered an employee for purposes of
subchapter III of chapter 83 or chapter 84.
``(2)(A) An annuitant retired under section 8336(d)(1) or
8414(b)(1)(A) receiving an annuity from the Civil Service
Retirement and Disability Fund, who becomes employed in a position
within the Department of Defense after the date of enactment of the
National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136), may elect to be subject to section 8344 or 8468 (as the
case may be).
``(B) An election for coverage under this paragraph shall be
filed not later than the later of 90 days after the date the
Department of Defense--
``(i) prescribes regulations to carry out this subsection;
or
``(ii) takes reasonable actions to notify employees who may
file an election.
``(C) If an employee files an election under this paragraph,
coverage shall be effective beginning on the first day of the first
applicable pay period beginning on or after the date of the filing
of the election.
``(D) Paragraph (1) shall apply to an individual who is
eligible to file an election under subparagraph (A) and does not
file a timely election under subparagraph (B).
``(3) The Secretary shall prescribe regulations to carry out
this subsection.
``(i) Additional Provisions Relating to Personnel Management.--
``(1) Subject to the requirements of chapter 71 and the
limitations in subsection (b)(3), the Secretary of Defense, in
establishing and implementing the National Security Personnel
System under subsection (a), shall not be limited by any provision
of this title or any rule or regulation prescribed under this title
in establishing and implementing regulations relating to--
``(A) the methods of establishing qualification
requirements for, recruitment for, and appointments to
positions; and
``(B) the methods of assigning, reassigning, detailing,
transferring, or promoting employees.
``(2) In implementing this subsection, the Secretary shall
comply with the provisions of section 2302(b)(11), regarding
veterans' preference requirements, as provided for in subsection
(b)(3).
``(j) Phase-in.--The Secretary may not, in any calendar year, add
any organizational or functional unit to the National Security
Personnel System which would cause the total number of employees added
to such System in such year to exceed 100,000.''.
(b) Implementation.--
(1) The requirements of section 9902 of title 5, United States
Code, as amended by this section, may be implemented through rules
promulgated jointly by the Secretary of Defense and the Director of
the Office of Personnel Management after notice and opportunity for
public comment or through Department of Defense rules or internal
agency implementing issuances. Rules promulgated jointly by the
Secretary and the Director under this paragraph shall be treated as
major rules for the purposes of section 801 of title 5, United
States Code.
(2) Both rules and implementing issuances shall be subject to
collective bargaining consistent with the requirements of chapter
71 of title 5, United States Code. Rules promulgated jointly by the
Secretary of Defense and the Director of the Office of Personnel
Management after notice and opportunity for public comment and in
accordance with the requirements of section 801 of such title 5 for
a major rule shall be treated in the same manner as government-wide
rules for the purpose of such collective bargaining, if such rules
are uniformly applicable to all organizational or functional units
included in the National Security Personnel System.
(3) Any rules and implementing issuances that were adopted
prior to the date of the enactment of this Act--
(A) shall be invalid to the extent that they are
inconsistent with the requirements of section 9902 of title 5,
United States Code, as amended by this section;
(B) shall not supersede a collective bargaining agreement
that was in place prior to the date on which the rule or
implementing issuance was promulgated; and
(C) shall be subject to collective bargaining--
(i) in the case of rules which are uniformly applicable
to all organizational or functional units included in the
National Security Personnel System and issued jointly by
the Secretary of Defense and the Director of the Office of
Personnel Management pursuant to subsection 9902(f)(1) of
title 5, United States Code (as in effect prior to the
enactment of this section), only as to impact and
implementation, when applied to employees of the Department
of Defense from any bargaining unit;
(ii) in the case of any other rules or implementing
issuances, to the extent provided in chapter 71 of title 5,
United States Code.
(4) The availability of judicial review of any rules or
implementing issuances that were adopted prior to the date of the
enactment of this Act shall not be affected by the enactment of
this section.
(c) Comptroller General Reviews.--
(1) The Comptroller General shall conduct annual reviews in
calendar years 2008, 2009 and 2010 of--
(A) employee satisfaction with the National Security
Personnel System established pursuant to section 9902 of title
5, United States Code, as amended by this section; and
(B) the extent to which the Department of Defense has
effectively implemented accountability mechanisms, including
those established in section 9902(b)(7) of title 5, United
States Code, and internal safeguards for the National Security
Personnel System.
(2) To the extent that the Department of Defense undertakes
internal assessments or employee surveys to assess employee
satisfaction with the National Security Personnel System in any
such calendar year, the Comptroller General shall--
(A) determine whether such assessments or surveys are
appropriately designed and statistically valid; and
(B) provide an independent evaluation of the results of
such assessments or surveys.
(3) To the extent that the Department of Defense does not
undertake appropriately designed and statistically valid employee
surveys, the Comptroller General shall conduct such a survey and
provide an independent evaluation of the results.
(4) The Comptroller General shall report the results of each
annual review conducted under this subsection to the Committees on
Armed Services of the Senate and the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Oversight and Government Reform of the
House of Representatives.

SEC. 1107. REQUIREMENT FOR FULL IMPLEMENTATION OF PERSONNEL
DEMONSTRATION PROJECT.

(a) Requirement.--The Secretary of Defense shall take all necessary
actions to fully implement and use the authorities provided to the
Secretary under section 342(b) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as
amended by section 1114 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-315), to carry out personnel management
demonstration projects at Department of Defense laboratories that are
exempted by section 9902(c) of title 5, United States Code, from
inclusion in the Department of Defense National Security Personnel
System.
(b) Process for Full Implementation.--The Secretary of Defense
shall also implement a process and implementation plan to fully utilize
the authorities described in subsection (a) to enhance the performance
of the missions of the laboratories.
(c) Other Laboratories.--Any flexibility available to any
demonstration laboratory shall be available for use at any other
laboratory as enumerated in section 9902(c)(2) of title 5, United
States Code.
(d) Submission of List and Description.--Not later than March 1 of
each year, beginning with March 1, 2008, the Secretary of Defense shall
submit to Congress a list and description of the demonstration project
notices, amendments, and changes requested by the laboratories during
the preceding calendar year. The list shall include all approved and
disapproved notices, amendments, and changes, and the reasons for
disapproval or delay in approval.

SEC. 1108. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE OF DEFENSE
RESEARCH AND ENGINEERING POSITIONS IN EXPERIMENTAL
PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL.

Section 1101(b)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by adding ``and'' at the end; and
(3) by adding after subparagraph (C) the following:
``(D) not more than a total of 10 scientific and
engineering positions in the Office of the Director of Defense
Research and Engineering;''.

SEC. 1109. PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF INFORMATION
TECHNOLOGY PERSONNEL TO PRIVATE SECTOR ORGANIZATIONS.

(a) Assignment Authority.--The Secretary of Defense may, with the
agreement of the private sector organization and the Department of
Defense employee concerned, arrange for the temporary assignment of
such employee to such private sector organization under this section.
An employee shall be eligible for such an assignment only if--
(1) the employee--
(A) works in the field of information technology
management;
(B) is considered to be an exceptional employee;
(C) is expected to assume increased information technology
management responsibilities in the future;
(D) is compensated at not less than the GS-11 level (or the
equivalent); and
(E) is serving under a career or career-conditional
appointment or an appointment of equivalent tenure in the
excepted service; and
(2) the proposed assignment meets applicable requirements of
section 209(b) of the E-Government Act of 2002 (44 U.S.C. 3501
note).
(b) Agreements.--The Secretary of Defense shall provide for a
written agreement between the Department of Defense and the employee
concerned regarding the terms and conditions of the employee's
assignment under this section. The agreement--
(1) shall require that, upon completion of the assignment, the
employee will serve in the civil service for a period equal to the
length of the assignment; and
(2) shall provide that if the employee fails to carry out the
agreement, such employee shall be liable to the United States for
payment of all expenses of the assignment, unless that failure was
for good and sufficient reason (as determined by the Secretary of
Defense).
An amount for which an employee is liable under paragraph (2) shall be
treated as a debt due the United States.
(c) Termination.--An assignment under this section may, at any time
and for any reason, be terminated by the Department of Defense or the
private sector organization concerned.
(d) Duration.--An assignment under this section shall be for a
period of not less than 3 months and not more than 1 year, and may be
extended in 3-month increments for a total of not more than 1
additional year; however, no assignment under this section may commence
after September 30, 2010.
(e) Considerations.--In carrying out this section, the Secretary of
Defense--
(1) shall ensure that, of the assignments made under this
section each year, at least 20 percent are to small business
concerns (as defined by section 3703(e)(2)(A) of title 5, United
States Code); and
(2) shall take into consideration the question of how
assignments under this section might best be used to help meet the
needs of the Department of Defense with respect to the training of
employees in information technology management.
(f) Numerical Limitation.--In no event may more than 10 employees
be participating in assignments under this section as of any given
time.
(g) Reporting Requirement.--
(1) In general.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the potential benefits of a program
under which employees specializing in information technology may be
temporarily assigned from private sector organizations to the
Department of Defense.
(2) Contents.--The report shall include--
(A) a statement of findings and an explanation of the bases
for those findings;
(B) an assessment of the laws, rules, and processes
relating to the prevention of conflicts of interest and abuse
which would apply to private sector employees during the period
of their assignment to the Department of Defense, and whether
they need to be strengthened or otherwise changed;
(C) mechanisms proposed for the governance and oversight of
the program; and
(D) recommendations for any legislation which may be
necessary.

SEC. 1110. COMPENSATION FOR FEDERAL WAGE SYSTEM EMPLOYEES FOR CERTAIN
TRAVEL HOURS.

Section 5544(a) of title 5, United States Code, is amended in
clause (iv) (in the third sentence following paragraph (3)), by
striking ``administratively.'' and inserting ``administratively
(including travel by the employee to such event and the return of the
employee from such event to the employee's official duty station).''.

SEC. 1111. TRAVEL COMPENSATION FOR WAGE GRADE PERSONNEL.

(a) Eligibility for Compensatory Time Off for Travel.--Section
5550b(a) of title 5, United States Code, is amended by striking
``section 5542(b)(2),'' and inserting ``any provision of section
5542(b)(2) or 5544(a),''.
(b) Conforming Amendment.--Section 5541(2)(xi) of such title is
amended by striking ``section 5544'' and inserting ``section 5544 or
5550b''.
(c) Effective Date.--The amendments made by this section shall take
effect on the earlier of--
(1) the effective date of any regulations prescribed to carry
out such amendments; or
(2) the 90th day after the date of the enactment of this Act.

SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR LEVEL EMPLOYEES.

Section 6304(f)(1) of title 5, United States Code, is amended--
(1) in the matter before subparagraph (A), by striking ``in a
position in--'' and inserting ``in--'';
(2) in subparagraphs (A) through (E), by inserting ``a position
in'' before ``the'';
(3) in subparagraph (D), by striking ``or'' at the end;
(4) in subparagraph (E), by striking the period and inserting a
semicolon; and
(5) by adding after subparagraph (E) the following:
``(F) a position to which section 5376 applies; or
``(G) a position designated under section 1607(a) of title 10
as an Intelligence Senior Level position.''.

SEC. 1113. UNIFORM ALLOWANCES FOR CIVILIAN EMPLOYEES.

Section 1593(b) of title 10, United States Code, is amended by
striking ``$400 per year.'' and inserting ``$400 per year (or such
higher maximum amount as the Secretary of Defense may by regulation
prescribe).''.

SEC. 1114. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES WHO MOVE FROM A
DEPARTMENT OF DEFENSE OR COAST GUARD NONAPPROPRIATED FUND
INSTRUMENTALITY POSITION TO A POSITION IN THE GENERAL
SCHEDULE PAY SYSTEM.

Section 5334(f) of title 5, United States Code, is amended--
(1) by striking ``(f)'' and inserting ``(f)(1)'';
(2) in the first sentence, by striking ``does not exceed'' and
all that follows through ``2105(c).'' and inserting the following:
``does not exceed--
``(A) if the highest previous rate of basic pay received by
that employee during the employee's service described in section
2105(c) is equal to a rate of the appropriate grade, such rate of
the appropriate grade;
``(B) if the employee's highest previous rate of basic pay (as
described in subparagraph (A)) is between two rates of the
appropriate grade, the higher of those two rates; or
``(C) if the employee's highest previous rate of basic pay (as
described in subparagraph (A)) exceeds the maximum rate of the
appropriate grade, the maximum rate of the appropriate grade.'';
and
(3) in the second sentence, by striking ``In the case of'' and
inserting the following:
``(2) In the case of''.

SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET OR MIDSHIPMAN
AT A MILITARY SERVICE ACADEMY.

(a) Civil Service Retirement System.--Section 8331(13) of title 5,
United States Code, is amended by striking ``but'' and inserting ``and
includes service as a cadet at the United States Military Academy, the
United States Air Force Academy, or the United States Coast Guard
Academy, or as a midshipman at the United States Naval Academy, but''.
(b) Federal Employees' Retirement System.--Section 8401(31) of such
title is amended by striking ``but'' and inserting ``and includes
service as a cadet at the United States Military Academy, the United
States Air Force Academy, or the United States Coast Guard Academy, or
as a midshipman at the United States Naval Academy, but''.
(c) Applicability.--The amendments made by this section shall apply
to--
(1) any annuity, eligibility for which is based upon a
separation occurring before, on, or after the date of enactment of
this Act; and
(2) any period of service as a cadet at the United States
Military Academy, the United States Air Force Academy, or the
United States Coast Guard Academy, or as a midshipman at the United
States Naval Academy, occurring before, on, or after the date of
enactment of this Act.

SEC. 1116. AUTHORIZATION FOR INCREASED COMPENSATION FOR FACULTY AND
STAFF OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.

Section 2113(c) of title 10, United States Code, as redesignated by
section 954(a)(3) of this Act, is amended--
(1) in paragraph (1)--
(A) by inserting ``(after due consideration by the
Secretary)'' before ``so as''; and
(B) by striking ``within the vicinity of the District of
Columbia'' and inserting ``identified by the Secretary for
purposes of this paragraph''; and
(2) in paragraph (4)--
(A) by striking ``section 5373'' and inserting ``sections
5307 and 5373''; and
(B) by adding at the end the following new sentence: ``In
no event may the total amount of compensation paid to an
employee under paragraph (1) in any year (including salary,
allowances, differentials, bonuses, awards, and other similar
cash payments) exceed the total amount of annual compensation
(excluding expenses) specified in section 102 of title 3.''.

SEC. 1117. REPORT ON ESTABLISHMENT OF A SCHOLARSHIP PROGRAM FOR
CIVILIAN MENTAL HEALTH PROFESSIONALS.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Assistant Secretary of Defense for Health Affairs and each of
the Surgeons General of the Armed Forces, submit to Congress a report
on the feasibility and advisability of establishing a scholarship
program for civilian mental health professionals.
(b) Elements.--The report shall include the following:
(1) An assessment of a potential scholarship program that
provides certain educational funding to students seeking a career
in mental health services in exchange for service in the Department
of Defense.
(2) An assessment of current scholarship programs which may be
expanded to include mental health professionals.
(3) Recommendations regarding the establishment or expansion of
scholarship programs for mental health professionals.
(4) A plan to implement, or reasons for not implementing,
recommendations that will increase mental health staffing across
the Department of Defense.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Subtitle B--Matters Relating to Iraq and Afghanistan

Subtitle C--Iraq Refugee Crisis

Subtitle D--Other Authorities and Limitations

Subtitle E--Reports

Subtitle A--Assistance and Training

SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.

Section 168(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(9) The assignment of personnel described in paragraph (3) or
(4) on a non-reciprocal basis if the Secretary of Defense
determines that such an assignment, rather than an exchange of
personnel, is in the interests of the United States.''.

SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPERATIONS TO COMBAT
TERRORISM.

(a) Modification of Reporting Requirement.--Subsection (f) of
section 1208 of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086-2087) is
amended to read as follows:
``(f) Annual Report.--
``(1) Report required.--Not later than 120 days after the close
of each fiscal year during which subsection (a) is in effect, the
Secretary of Defense shall submit to the congressional defense
committees a report on support provided under that subsection
during that fiscal year.
``(2) Matters to be included.--Each report required by
paragraph (1) shall describe the support provided, including--
``(A) the country involved in the activity, the individual
or force receiving the support, and, to the maximum extent
practicable, the specific region of each country involved in
the activity;
``(B) the respective dates and a summary of congressional
notifications for each activity;
``(C) the unified commander for each activity, as well as
the related objectives, as established by that commander;
``(D) the total amount obligated to provide the support;
``(E) for each activity that amounts to more than $500,000,
specific budget details that explain the overall funding level
for that activity; and
``(F) a statement providing a brief assessment of the
outcome of the support, including specific indications of how
the support furthered the mission objective of special
operations forces and the types of follow-on support, if any,
that may be necessary.''.
(b) Annual Limitation.--Subsection (g) of such section is amended--
(1) in the heading, by striking ``Fiscal Year 2005'' and
inserting ``Annual''; and
(2) by striking ``fiscal year 2005'' and inserting ``each
fiscal year during which subsection (a) is in effect''.
(c) Extension of Period of Authority.--Subsection (h) of such
section is amended by striking ``2007'' and inserting ``2010''.

SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL EXPENSES FOR LIAISON
OFFICERS OF CERTAIN FOREIGN NATIONS.

(a) Authority.--Subsection (a) of section 1051a of title 10, United
States Code, is amended--
(1) by striking ``involved in a coalition'' and inserting
``involved in a military operation''; and
(2) by striking ``coalition operation'' and inserting
``military operation''.
(b) Medical Care and Temporary Duty Travel Expenses.--Subsection
(b) of such section is amended--
(1) in the heading, by striking ``and Subsistence'' inserting
``, Subsistence, and Medical Care'';
(2) in paragraph (2), by adding at the end the following:
``(C) Expenses for medical care at a civilian medical facility
if--
``(i) adequate medical care is not available to the liaison
officer at a local military medical treatment facility;
``(ii) the Secretary determines that payment of such
medical expenses is necessary and in the best interests of the
United States; and
``(iii) medical care is not otherwise available to the
liaison officer pursuant to any treaty or other international
agreement.''; and
(3) by adding at the end the following:
``(3) The Secretary may pay the mission-related travel expenses
of a liaison officer described in subsection (a) if such travel is
in support of the national interests of the United States and the
commander of the headquarters to which the liaison officer is
temporarily assigned directs round-trip travel from the assigned
headquarters to one or more locations.''.
(c) Definition.--Subsection (d) of such section is amended--
(1) by striking ``(d) Definitions.--'' and all that follows
through ``(1) The term'' and inserting ``(d) Definition.--In this
section, the term''; and
(2) by striking paragraph (2).
(d) Expiration of Authority.--Such section is further amended by
striking subsection (e).
(e) Conforming and Clerical Amendments.--(1) The heading for such
section is amended to read as follows:

``Sec. 1051a. Liaison officers of certain foreign nations;
administrative services and support; travel, subsistence,
medical care, and other personal expenses''.

(2) The table of sections at the beginning of chapter 53 of title
10, United States Code, is amended by striking the item relating to
section 1051a and inserting the following:
``1051a. Liaison officers of certain foreign nations; administrative
services and support; travel, subsistence, medical care, and
other personal expenses.''.

SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT OF DEFENSE AUTHORITY
TO PARTICIPATE IN MULTINATIONAL MILITARY CENTERS OF
EXCELLENCE.

(a) Extension of Authority.--Subsection (a) of section 1205 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 1202 Stat. 2416) is amended by striking ``fiscal
year 2007'' and inserting ``fiscal years 2007 and 2008''.
(b) Limitation on Amounts Available for Participation.--Subsection
(e) of such section is amended by striking paragraph (2) and inserting
the following new paragraph:
``(2) Limitation on amount.--The amount available under
paragraph (1)(A) for the expenses referred to in that paragraph may
not exceed--
``(A) in fiscal year 2007, $3,000,000; and
``(B) in fiscal year 2008, $5,000,000.''.
(c) Reports.--Subsection (g) of such section is amended--
(1) in paragraph (1)--
(A) by inserting ``and October 31, 2008,'' after ``October
31, 2007,''; and
(B) by striking ``fiscal year 2007'' and inserting ``fiscal
years 2007 and 2008''; and
(2) in paragraph (2)(A), by striking ``during fiscal year
2007'' and inserting ``during the preceding fiscal year''.

SEC. 1205. REAUTHORIZATION OF COMMANDERS' EMERGENCY RESPONSE PROGRAM.

(a) Authority.--Subsection (a) of section 1202 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3455-3456) is amended--
(1) in the heading, by striking ``Fiscal Years 2006 and 2007''
and inserting ``Fiscal Years 2008 and 2009''; and
(2) in the matter preceding paragraph (1)--
(A) by striking ``fiscal years 2006 and 2007'' and
inserting ``fiscal years 2008 and 2009''; and
(B) by striking ``$500,000,000'' and inserting
``$977,441,000''.
(b) Quarterly Reports.--Subsection (b) of such section is amended
by striking ``fiscal years 2006 and 2007'' and inserting ``fiscal years
2008 and 2009''.

SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN FRONTIER
CORPS.

(a) Authority.--The Secretary of Defense, with the concurrence of
the Secretary of State, is authorized during fiscal year 2008 to
provide assistance to enhance the ability of the Pakistan Frontier
Corps to conduct counterterrorism operations along the border between
Pakistan and Afghanistan.
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under subsection (a) may
include the provision of equipment, supplies, and training.
(2) Required elements.--Assistance under subsection (a) shall
be provided in a manner that promotes--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority within
Pakistan.
(c) Limitations.--
(1) Funding limitation.--The Secretary of Defense may use up to
$75,000,000 of funds available to the Department of Defense for
operation and maintenance for fiscal year 2008 to provide the
assistance under subsection (a).
(2) Assistance otherwise prohibited by law.--The Secretary of
Defense may not use the authority in subsection (a) to provide any
type of assistance described in subsection (b) that is otherwise
prohibited by any provision of law.
(d) Congressional Notification.--
(1) In general.--Not less than 15 days before providing
assistance under subsection (a), the Secretary of Defense shall
submit to the congressional committees specified in paragraph (2) a
notice of the following:
(A) The budget, types of assistance, and completion date
for providing the assistance under subsection (a).
(B) The source and planned expenditure of funds for the
assistance under subsection (a).
(2) Specified congressional committees.--The congressional
committees specified in this paragraph are the following:
(A) The Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.
(B) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.

SEC. 1207. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL TO ASSIST IN
ACCOUNTING FOR MISSING UNITED STATES GOVERNMENT
PERSONNEL.

(a) In General.--Chapter 20 of title 10, United States Code, is
amended by adding at the end the following new section:

``Sec. 408. Equipment and training of foreign personnel to assist in
Department of Defense accounting for missing United States
Government personnel

``(a) In General.--The Secretary of Defense may provide assistance
to any foreign nation to assist the Department of Defense with recovery
of and accounting for missing United States Government personnel.
``(b) Types of Assistance.--The assistance provided under
subsection (a) may include the following:
``(1) Equipment.
``(2) Supplies.
``(3) Services.
``(4) Training of personnel.
``(c) Approval by Secretary of State.--Assistance may not be
provided under this section to any foreign nation unless the Secretary
of State specifically approves the provision of such assistance.
``(d) Limitation.--The amount of assistance provided under this
section in any fiscal year may not exceed $1,000,000.
``(e) Construction With Other Assistance.--The authority to provide
assistance under this section is in addition to any other authority to
provide assistance to foreign nations under law.
``(f) Annual Reports.--(1) Not later than December 31 each year,
the Secretary of Defense shall submit to the congressional defense
committees a report on the assistance provided under this section
during the fiscal year ending in such year.
``(2) Each report under paragraph (1) shall include, for the fiscal
year covered by such report, the following:
``(A) A listing of each foreign nation provided assistance
under this section.
``(B) For each nation so provided assistance, a description of
the type and amount of such assistance.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by adding at the end the following
new item:

``408. Equipment and training of foreign personnel to assist in
Department of Defense accounting for missing United States
Government personnel.''.

SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTIFICATION SYSTEM DATA ON
MARITIME SHIPPING TO FOREIGN COUNTRIES AND INTERNATIONAL
ORGANIZATIONS.

(a) Authority To Provide Data.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize the Secretary of a
military department or a commander of a combatant command to exchange
or furnish automatic identification system data broadcast by merchant
or private ships and collected by the United States to a foreign
country or international organization pursuant to an agreement for the
exchange or production of such data. Such data may be transferred
pursuant to this section without cost to the recipient country or
international organization.
(b) Definitions.--In this section:
(1) Automatic identification system.--The term ``automatic
identification system'' means a system that is used to satisfy the
requirements of the Automatic Identification System under the
International Convention for the Safety of Life at Sea, signed at
London on November 1, 1974 (TIAS 9700).
(2) Geographic combatant commander.--The term ``commander of a
combatant command'' means a commander of a combatant command (as
such term is defined in section 161(c) of title 10, United States
Code) with a geographic area of responsibility.

SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RELATED PROGRAMS CARRIED OUT BY
THE DEPARTMENT OF DEFENSE.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report that specifies, on a
country-by-country basis, each foreign-assistance related program
carried out by the Department of Defense during the prior fiscal year
under the authorities described in subsection (b).
(b) Matters To Be Included.--The report required under subsection
(a) shall include--
(1) a description of the dollar amount, type of support, and
purpose of each foreign-assistance related program carried out by
the Department of Defense under--
(A) section 1206 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456),
relating to authority to build the capacity of foreign military
forces;
(B) section 1207 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458),
relating to authority to provide security and stabilization
assistance to foreign countries;
(C) section 1208 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3459),
relating to authority to reimburse certain coalition nations
for support provided to United States military operations;
(D) section 1033 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881),
relating to authority to provide additional support for
counter-drug activities of Peru and Colombia;
(E) section 1004 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 374 note),
relating to additional support for counter-drug activities;
(F) section 127d of title 10, United States Code, relating
to authority to provide logistic support, supplies, and
services to allied forces participating in a combined operation
with the Armed Forces;
(G) section 2249c of title 10, United States Code, relating
to authority to use appropriated funds for costs associated
with education and training of foreign officials under the
Regional Defense Combating Terrorism Fellowship Program; and
(H) section 2561 of title 10, United States Code, relating
to authority to provide humanitarian assistance; and
(2) a description of each foreign-assistance related program
that the Department of Defense undertakes or implements on behalf
of any other department or agency of the United States Government,
including programs under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) and the Arms Export Control Act (22 U.S.C.
2751 et seq.).
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the Senate.

SEC. 1210. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR SECURITY AND
STABILIZATION ASSISTANCE.

(a) Program for Assistance.--Section 1207 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3458) is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Formulation and Implementation of Program for Assistance.--
The Secretary of State shall coordinate with the Secretary of Defense
in the formulation and implementation of a program of reconstruction,
security, or stabilization assistance to a foreign country that
involves the provision of services or transfer of defense articles or
funds under subsection (a).''.
(b) One-Year Extension.--Subsection (g) of such section, as
redesignated by subsection (a) of this section, is amended by striking
``September 30, 2007'' and inserting ``September 30, 2008''.

SEC. 1211. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON GLOBAL PEACE
OPERATIONS INITIATIVE.

(a) Report Required.--Not later than June 1, 2008, the Comptroller
General of the United States shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a report
assessing the Global Peace Operations Initiative.
(b) Content.--The report required under subsection (a) shall
include the following:
(1) An assessment of whether, and to what extent, the Global
Peace Operations Initiative has met the goals set by the President
at the inception of the program in 2004.
(2) Which goals, if any, remain unfulfilled.
(3) A description of activities conducted by each member state
of the Group of Eight (G-8), including the approximate cost of the
activities, and the approximate percentage of the total monetary
value of the activities conducted by each G-8 member, including the
United States, as well as efforts by the President to seek
contributions or participation by other G-8 members.
(4) A description of any activities conducted by non-G-8
members, or other organizations and institutions, as well as any
efforts by the President to solicit contributions or participation.
(5) A description of the extent to which the Global Peace
Operations Initiative has had global participation.
(6) A description of the administration of the program by the
Department of State and Department of Defense, including--
(A) whether each Department should concentrate
administration in one office or bureau, and if so, which one;
(B) the extent to which the two Departments coordinate and
the quality of their coordination; and
(C) the extent to which contractors are used and an
assessment of the quality and timeliness of the results
achieved by the contractors, and whether the United States
Government might have achieved similar or better results
without contracting out functions.
(7) A description of the metrics, if any, that are used by the
President and the G-8 to measure progress in implementation of the
Global Peace Operations Initiative, including--
(A) assessments of the quality and sustainability of the
training of individual soldiers and units;
(B) the extent to which the G-8 and participating countries
maintain records or databases of trained individuals and units
and conduct inspections to measure and monitor the continued
readiness of such individuals and units;
(C) the extent to which the individuals and units are
equipped and remain equipped to deploy in peace operations; and
(D) the extent to which, the timeline by which, and how
individuals and units can be mobilized for peace operations.
(8) The extent to which, the timeline by which, and how
individuals and units can be and are being deployed to peace
operations.
(9) An assessment of whether individuals and units trained
under the Global Peace Operations Initiative have been utilized in
peace operations subsequent to receiving training under the
Initiative, whether they will be deployed to upcoming operations in
Africa and elsewhere, and the extent to which such individuals and
units would be prepared to deploy and participate in such peace
operations.
(10) Recommendations as to whether participation in the Global
Peace Operations Initiative should require reciprocal participation
by countries in peace operations.
(11) Any additional measures that could be taken to enhance the
effectiveness of the Global Peace Operations Initiative in terms
of--
(A) achieving its stated goals; and
(B) ensuring that individuals and units trained as part of
the Initiative are regularly participating in peace operations.
(c) Form.--To the maximum extent practicable, the report required
under subsection (a) shall be submitted in unclassified form, but may
include a classified annex, if necessary.

SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ASSISTANCE UNDER THE
AMERICAN SERVICEMEMBERS' PROTECTION ACT OF 2002.

(a) Repeal of Limitations.--Section 2007 of the American
Servicemembers' Protection Act of 2002 (22 U.S.C. 7426) is repealed.
(b) Conforming Amendments.--Such Act is further amended--
(1) in section 2003 (22 U.S.C. 7422)--
(A) in subsection (a)--
(i) in the heading, by striking ``sections 5 and 7''
and inserting ``section 2005''; and
(ii) by striking ``sections 2005 and 2007'' and
inserting ``section 2005'';
(B) in subsection (b)--
(i) in the heading, by striking ``sections 5 and 7''
and inserting ``section 2005''; and
(ii) by striking ``sections 2005 and 2007'' and
inserting ``section 2005'';
(C) in subsection (c)(2)(A), by striking ``sections 2005
and 2007'' and inserting ``section 2005'';
(D) in subsection (d), by striking ``sections 2005 and
2007'' and inserting ``section 2005''; and
(E) in subsection (e), by striking ``2006, and 2007'' and
inserting ``and 2006''; and
(2) in section 2013 (22 U.S.C. 7432), by striking paragraph
(13).

Subtitle B--Matters Relating to Iraq and Afghanistan

SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO THE OFFICE OF THE
SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.

(a) Purposes.--Subsection (a)(1) of section 3001 of the Emergency
Supplemental Appropriations Act for Defense and for the Reconstruction
of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234-1238;
5 U.S.C. App., note to section 8G of Public Law 95-452) is amended by
striking ``to the Iraq Relief and Reconstruction Fund'' and inserting
``for the reconstruction of Iraq''.
(b) Assistant Inspectors General.--Subsection (d)(1) of such
section is amended by striking ``the Iraq Relief and Reconstruction
Fund'' and inserting ``amounts appropriated or otherwise made available
for the reconstruction of Iraq''.
(c) Supervision.--Subsection (e)(2) of such section is amended by
striking ``the Iraq Relief and Reconstruction Fund'' and inserting
``amounts appropriated or otherwise made available for the
reconstruction of Iraq''.
(d) Duties.--Subsection (f)(1) of such section is amended by
striking ``to the Iraq Relief and Reconstruction Fund'' and inserting
``for the reconstruction of Iraq''.
(e) Personnel, Facilities, and Other Resources.--Subsection (h) of
such section is amended--
(1) in paragraph (1), by inserting after ``pay rates'' the
following: ``, and may exercise the authorities of subsections (b)
through (i) of section 3161 of title 5, United States Code (without
regard to subsection (a) of such section)''; and
(2) in paragraph (3), by striking ``my enter'' and inserting
``may enter''.
(f) Reports.--Subsection (i) of such section is amended by striking
``to the Iraq Relief and Reconstruction Fund'' each place it appears
and inserting ``for the reconstruction of Iraq''.
(g) Definitions.--Subsection (m) of such section is amended--
(1) in the heading, by striking ``Appropriate Committees of
Congress Defined'' and inserting ``Definitions'';
(2) by striking ``In this section, the term'' and inserting the
following: ``In this section--
``(1) the term'';
(3) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(4) in paragraph (1)(B) (as redesignated by paragraph (3) of
this subsection), by striking ``and International Relations'' and
inserting ``Foreign Affairs, and Oversight and Government Reform'';
(5) by striking the period at the end and inserting ``; and'';
and
(6) by adding at the end the following:
``(2) the term `amounts appropriated or otherwise made
available for the reconstruction of Iraq' means amounts
appropriated or otherwise made available for any fiscal year--
``(A) to the Iraq Relief and Reconstruction Fund, the Iraq
Security Forces Fund, and the Commanders' Emergency Response
Program authorized under section 1202 of the National Defense
Authorization for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3455-3456); or
``(B) for assistance for the reconstruction of Iraq under--
``(i) the Economic Support Fund authorized under
chapter 4 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2346 et seq.);
``(ii) the International Narcotics Control and Law
Enforcement account authorized under section 481 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291); or
``(iii) any other provision of law.''.
(h) Termination Date.--Subsection (o) of such section is amended--
(1) in paragraph (1), to read as follows:
``(1) The Office of the Inspector General shall terminate 180 days
after the date on which amounts appropriated or otherwise made
available for the reconstruction of Iraq that are unexpended are less
than $250,000,000.''; and
(2) in paragraph (2)--
(A) by striking ``funds deemed to be''; and
(B) by striking ``to the Iraq Relief and Reconstruction
Fund'' and inserting ``for the reconstruction of Iraq''.

SEC. 1222. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO IRAQ.

No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for a purpose
as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Iraq.
(2) To exercise United States control of the oil resources of
Iraq.

SEC. 1223. REPORT ON UNITED STATES POLICY AND MILITARY OPERATIONS IN
IRAQ.

(a) Report.--
(1) In general.--Subsection (c) of section 1227 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3465; 50 U.S.C. 1541 note) is amended--
(A) in paragraph (2), by striking ``Iraq.'' and inserting
the following: ``Iraq, including--
``(A) enacting a broadly-accepted hydrocarbon law that
equitably shares revenue among all Iraqis;
``(B) adopting laws necessary for the conduct of provincial
and local elections, taking steps to implement such laws, and
setting a schedule to conduct provincial and local elections;
``(C) reforming current laws governing the de-
Baathification process in a manner that encourages national
reconciliation;
``(D) amending the Constitution of Iraq in a manner that
encourages national reconciliation;
``(E) allocating and beginning expenditure of $10 billion
in Iraqi revenues for reconstruction projects, including
delivery of essential services, and implementing such
reconstruction projects on an equitable basis; and
``(F) making significant efforts to plan and implement
disarmament, demobilization, and reintegration programs
relating to Iraqi militias.'';
(B) by striking paragraph (3) and inserting the following:
``(3) A detailed description of the Joint Campaign Plan, or any
subsequent revisions, updates, or documents that replace or
supersede the Joint Campaign Plan, including goals, phases, or
other milestones contained in the Joint Campaign Plan.
Specifically, the description shall include the following:
``(A) An explanation of conditions required to move through
phases of the Joint Campaign Plan, in particular those
conditions that must be met in order to provide for the
transition of additional security responsibility to the Iraqi
Security Forces, and the measurements used to determine
progress.
``(B) An assessment of which conditions in the Joint
Campaign Plan have been achieved and which conditions have not
been achieved. The assessment of those conditions that have not
been achieved shall include a discussion of the factors that
have precluded progress.
``(C) A description of any companion or equivalent plan of
the Government of Iraq used to measure progress for Iraqi
Security Forces undertaking joint operations with Coalition
Forces.''; and
(C) by adding at the end the following:
``(7) An assessment of the levels of United States Armed Forces
required in Iraq for the six-month period following the date of the
report, the missions to be undertaken by the Armed Forces in Iraq
for such period, and the incremental costs or savings of any
proposed changes to such levels or missions.
``(8) A description of the range of conditions that could
prompt changes to the levels of United States Armed Forces required
in Iraq for the six-month period following the date of the report
or the missions to be undertaken by the Armed Forces in Iraq for
such period, including the status of planning for such changes to
the levels or missions of the Armed Forces in Iraq.''.
(2) Effective date.--The amendments made by paragraph (1) shall
apply with respect to each report required to be submitted to
Congress under section 1227(c) of the National Defense
Authorization Act for Fiscal Year 2006 on or after the date of the
enactment of this Act.
(b) Congressional Briefings Required.--Such section is further
amended by adding at the end the following:
``(d) Congressional Briefings Required.--Not later than 30 days
after the submission of the first report under subsection (c) on or
after the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2008, the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff shall meet with the congressional defense
committees to brief such committees on the matters described in
paragraphs (7) and (8) of subsection (c) contained in the report. Not
later than 30 days after the submission of each subsequent report under
subsection (c), appropriate senior officials of the Department of
Defense shall meet with the congressional defense committees to brief
such committees on the matters described in paragraphs (7) and (8) of
subsection (c) contained in the report.''.

SEC. 1224. REPORT ON A COMPREHENSIVE SET OF PERFORMANCE INDICATORS AND
MEASURES FOR PROGRESS TOWARD MILITARY AND POLITICAL
STABILITY IN IRAQ.

(a) Report.--Section 9010(c) of the Department of Defense
Appropriations Act, 2007 (division A of Public Law 109-289; 120 Stat.
1307) is amended--
(1) in paragraph (1)(B)--
(A) by striking ``and trends'' and inserting ``trends'';
and
(B) by adding at the end before the period the following:
``, and progress made in the transition of responsibility for
the security of Iraqi provinces to the Iraqi Security Forces
under the Provincial Iraqi Control (PIC) process''; and
(2) in paragraph (2)--
(A) in subparagraph (C)(i), by adding at the end before the
semicolon the following: ``, without any support from Coalition
Forces'';
(B) by redesignating subparagraphs (D) through (J) as
subparagraphs (F) through (L), respectively;
(C) by inserting after subparagraph (C) the following:
``(D) The amount and type of support provided by Coalition
Forces to the Iraqi Security Forces at each level of
operational readiness.
``(E) The number of Iraqi battalions in the Iraqi Army
currently conducting operations and the type of operations
being conducted.'';
(D) by redesignating subparagraphs (H) through (L) (as
redesignated by subparagraph (B) of this paragraph) as
subparagraphs (I) through (M), respectively;
(E) by inserting after subparagraph (G) (as redesignated by
subparagraph (B) of this paragraph) the following:
``(H) The level and effectiveness of the Iraqi Security
Forces under the Ministry of Defense in provinces where the
United States has formally transferred responsibility for the
security of the province to the Iraqi Security Forces under the
Provincial Iraqi Control (PIC) process.''; and
(F) in subparagraph (I) (as redesignated by subparagraphs
(B) and (D) of this paragraph)--
(i) in clause (iv), by striking ``and'' at the end;
(ii) in clause (v), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(vi) the level and effectiveness of the Iraqi Police
and other Ministry of Interior Forces in provinces where
the United States has formally transferred responsibility
for the security of the province to the Iraqi Security
Forces under the Provincial Iraqi Control (PIC) process.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to each report required to be submitted to Congress
under section 9010 of the Department of Defense Appropriations Act,
2007 on or after the date of the enactment of this Act.

SEC. 1225. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST COALITION
FORCES IN IRAQ.

(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
Defense, in coordination with the Director of National Intelligence,
shall submit to the congressional defense committees a report
describing and assessing in detail--
(1) any support or direction provided to anti-coalition forces
in Iraq by the Government of Iran or its agents;
(2) the strategy and ambitions in Iraq of the Government of
Iran; and
(3) any strategy or efforts by the United States Government to
counter the activities of agents of the Government of Iran in Iraq.
(b) Form.--Each report required under subsection (a) shall be
submitted in unclassified form, to the maximum extent practicable, but
may contain a classified annex, if necessary.
(c) Termination.--The requirement to submit reports under
subsection (a) shall terminate on the date on which the Secretary of
Defense, in coordination with the Director of National Intelligence,
submits to the congressional defense committees a certification in
writing that the Government of Iran has ceased to provide military
support to anti-coalition forces that conduct attacks against coalition
forces in Iraq.
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize or otherwise speak to the use of the Armed
Forces against Iran.

SEC. 1226. SENSE OF CONGRESS ON THE CONSEQUENCES OF A FAILED STATE IN
IRAQ.

It is the sense of Congress that--
(1) a failed state in Iraq will have a negative impact on the
Middle East and United States interests in the region; and
(2) the United States should pursue strategies to prevent a
failed state in Iraq or to contain the negative effects of a failed
state in Iraq.

SEC. 1227. SENSE OF CONGRESS ON FEDERALISM IN IRAQ.

It is the sense of Congress that--
(1) policies supported by the United States in the pursuit of a
political settlement in Iraq should be consistent with the wishes
of the Iraqi people and should not violate the sovereignty of the
nation of Iraq;
(2) if the Iraqi people support a political settlement in Iraq
based on the final provisions of the Constitution of Iraq that
create a federal system of government and allow for the creation of
federal regions, consistent with the wishes of the Iraqi people and
their elected leaders, the United States should actively support
such a political settlement in Iraq;
(3) the active support referred to in paragraph (2) should
include--
(A) calling on the international community, including
countries with troops in Iraq, the permanent 5 members of the
United Nations Security Council, members of the Gulf
Cooperation Council, and Iraq's neighbors--
(i) to support an Iraqi political settlement based on
federalism;
(ii) to acknowledge the sovereignty and territorial
integrity of Iraq; and
(iii) to fulfill commitments for the urgent delivery of
significant assistance and debt relief to Iraq, especially
those made by the member states of the Gulf Cooperation
Council; and
(B) convening a conference for Iraqis to reach an agreement
on a comprehensive political settlement based on the federalism
law approved by the Iraqi Parliament on October 11, 2006;
(4) the United States should urge the Government of Iraq to
quickly agree upon and implement a law providing for the equitable
distribution of oil revenues, which is a critical component of a
comprehensive political settlement in Iraq, including a potential
settlement based upon federalism;
(5) the steps described in paragraphs (2), (3), and (4) could
lead to an Iraq that is stable, not a haven for terrorists, and not
a threat to its neighbors;
(6) in pursuit of a political settlement in Iraq, whether based
on federalism or not, the United States should call on Iraq's
neighbors to pledge not to militarily intervene in or destabilize
Iraq; and
(7) nothing in this Act should be construed in any way to
infringe on the sovereign rights of the nation of Iraq or to imply
that the United States wishes to impose a political settlement in
Iraq based on federalism if such a political settlement is contrary
to the wishes of the Iraqi people.

SEC. 1228. TRACKING AND MONITORING OF DEFENSE ARTICLES PROVIDED TO THE
GOVERNMENT OF IRAQ AND OTHER INDIVIDUALS AND GROUPS IN
IRAQ.

(a) Export and Transfer Control Policy.--The President shall
implement a policy to control the export and transfer of defense
articles into Iraq, including implementation of the registration and
monitoring system under subsection (c).
(b) Requirement to Implement Control System.--No defense articles
may be provided to the Government of Iraq or any other group,
organization, citizen, or resident of Iraq until the President
certifies to the specified congressional committees that a registration
and monitoring system meeting the requirements set forth in subsection
(c) has been established.
(c) Registration and Monitoring System.--The registration and
monitoring system required under this subsection shall include--
(1) the registration of the serial numbers of all small arms to
be provided to the Government of Iraq or to other groups,
organizations, citizens, or residents of Iraq;
(2) a program of end-use monitoring of all lethal defense
articles provided to such entities or individuals; and
(3) a detailed record of the origin, shipping, and distribution
of all defense articles transferred under the Iraq Security Forces
Fund or any other security assistance program to such entities or
individuals.
(d) Review; Exemption.--
(1) Review.--The President shall periodically review the items
subject to the registration and monitoring requirements under
subsection (c) to determine what items, if any, should no longer be
subject to such registration and monitoring requirements. The
President shall transmit to the specified congressional committees
the results of each review conducted under this paragraph.
(2) Exemption.--The President may exempt an item from the
registration and monitoring requirements under subsection (c)
beginning on the date that is 30 days after the date on which the
President provides notice of the proposed exemption to the
specified congressional committees in accordance with the
procedures applicable to reprogramming notifications under section
634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-
1(a)). Such notice shall describe any controls to be imposed on
such item under any other provision of law.
(e) Definitions.--In this section:
(1) Defense article.--The term ``defense article'' has the
meaning given the term in section 644(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2403(d)).
(2) Small arms.--The term ``small arms'' means--
(A) handguns;
(B) shoulder-fired weapons;
(C) light automatic weapons up to and including .50 caliber
machine guns;
(D) recoilless rifles up to and including 106mm;
(E) mortars up to and including 81mm;
(F) rocket launchers, man-portable;
(G) grenade launchers, rifle and shoulder fired; and
(H) individually-operated weapons which are portable or can
be fired without special mounts or firing devices and which
have potential use in civil disturbances and are vulnerable to
theft.
(3) Specified congressional committees.--The term ``specified
congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect 180 days after the date of the enactment
of this Act.
(2) Exception.--The President may delay the effective date of
this section by an additional period of up to 90 days if the
President certifies in writing to the specified congressional
committees for such additional period that it is in the vital
interest of the United States to do so and includes in the
certification a description of such vital interest.

SEC. 1229. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION.

(a) Purposes.--The purposes of this section are as follows:
(1) To provide for the independent and objective conduct and
supervision of audits and investigations relating to the programs
and operations funded with amounts appropriated or otherwise made
available for the reconstruction of Afghanistan.
(2) To provide for the independent and objective leadership and
coordination of, and recommendations on, policies designed to--
(A) promote economy efficiency, and effectiveness in the
administration of the programs and operations described in
paragraph (1); and
(B) prevent and detect waste, fraud, and abuse in such
programs and operations.
(3) To provide for an independent and objective means of
keeping the Secretary of State and the Secretary of Defense fully
and currently informed about problems and deficiencies relating to
the administration of such programs and operations and the
necessity for and progress on corrective action.
(b) Office of Inspector General.--There is hereby established the
Office of the Special Inspector General for Afghanistan Reconstruction
to carry out the purposes of subsection (a).
(c) Appointment of Inspector General; Removal.--
(1) Appointment.--The head of the Office of the Special
Inspector General for Afghanistan Reconstruction is the Special
Inspector General for Afghanistan Reconstruction (in this section
referred to as the ``Inspector General''), who shall be appointed
by the President. The President may appoint the Special Inspector
General for Iraq Reconstruction to serve as the Special Inspector
General for Afghanistan Reconstruction, in which case the Special
Inspector General for Iraq Reconstruction shall have all of the
duties, responsibilities, and authorities set forth under this
section with respect to such appointed position for the purpose of
carrying out this section.
(2) Qualifications.--The appointment of the Inspector General
shall be made solely on the basis of integrity and demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations.
(3) Deadline for appointment.--The appointment of an individual
as Inspector General shall be made not later than 30 days after the
date of the enactment of this Act.
(4) Compensation.--The annual rate of basic pay of the
Inspector General shall be the annual rate of basic pay provided
for positions at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(5) Prohibition on political activities.--For purposes of
section 7324 of title 5, United States Code, the Inspector General
shall not be considered an employee who determines policies to be
pursued by the United States in the nationwide administration of
Federal law.
(6) Removal.--The Inspector General shall be removable from
office in accordance with the provisions of section 3(b) of the
Inspector General Act of 1978 (5 U.S.C. App.).
(d) Assistant Inspectors General.--The Inspector General shall, in
accordance with applicable laws and regulations governing the civil
service--
(1) appoint an Assistant Inspector General for Auditing who
shall have the responsibility for supervising the performance of
auditing activities relating to programs and operations supported
by amounts appropriated or otherwise made available for the
reconstruction of Afghanistan; and
(2) appoint an Assistant Inspector General for Investigations
who shall have the responsibility for supervising the performance
of investigative activities relating to such programs and
operations.
(e) Supervision.--
(1) In general.--Except as provided in paragraph (2), the
Inspector General shall report directly to, and be under the
general supervision of, the Secretary of State and the Secretary of
Defense.
(2) Independence to conduct investigations and audits.--No
officer of the Department of Defense, the Department of State, or
the United States Agency for International Development shall
prevent or prohibit the Inspector General from initiating, carrying
out, or completing any audit or investigation related to amounts
appropriated or otherwise made available for the reconstruction of
Afghanistan or from issuing any subpoena during the course of any
such audit or investigation.
(f) Duties.--
(1) Oversight of afghanistan reconstruction.--It shall be the
duty of the Inspector General to conduct, supervise, and coordinate
audits and investigations of the treatment, handling, and
expenditure of amounts appropriated or otherwise made available for
the reconstruction of Afghanistan, and of the programs, operations,
and contracts carried out utilizing such funds, including--
(A) the oversight and accounting of the obligation and
expenditure of such funds;
(B) the monitoring and review of reconstruction activities
funded by such funds;
(C) the monitoring and review of contracts funded by such
funds;
(D) the monitoring and review of the transfer of such funds
and associated information between and among departments,
agencies, and entities of the United States and private and
nongovernmental entities;
(E) the maintenance of records on the use of such funds to
facilitate future audits and investigations of the use of such
fund;
(F) the monitoring and review of the effectiveness of
United States coordination with the Government of Afghanistan
and other donor countries in the implementation of the
Afghanistan Compact and the Afghanistan National Development
Strategy; and
(G) the investigation of overpayments such as duplicate
payments or duplicate billing and any potential unethical or
illegal actions of Federal employees, contractors, or
affiliated entities and the referral of such reports, as
necessary, to the Department of Justice to ensure further
investigations, prosecutions, recovery of further funds, or
other remedies.
(2) Other duties related to oversight.--The Inspector General
shall establish, maintain, and oversee such systems, procedures,
and controls as the Inspector General considers appropriate to
discharge the duties under paragraph (1).
(3) Duties and responsibilities under inspector general act of
1978.--In addition to the duties specified in paragraphs (1) and
(2), the Inspector General shall also have the duties and
responsibilities of inspectors general under the Inspector General
Act of 1978.
(4) Coordination of efforts.--In carrying out the duties,
responsibilities, and authorities of the Inspector General under
this section, the Inspector General shall coordinate with, and
receive the cooperation of each of the following:
(A) The Inspector General of the Department of Defense.
(B) The Inspector General of the Department of State.
(C) The Inspector General of the United States Agency for
International Development.
(g) Powers and Authorities.--
(1) Authorities under inspector general act of 1978.--In
carrying out the duties specified in subsection (f), the Inspector
General shall have the authorities provided in section 6 of the
Inspector General Act of 1978, including the authorities under
subsection (e) of such section.
(2) Audit standards.--The Inspector General shall carry out the
duties specified in subsection (f)(1) in accordance with section
4(b)(1) of the Inspector General Act of 1978.
(h) Personnel, Facilities, and Other Resources.--
(1) Personnel.--The Inspector General may select, appoint, and
employ such officers and employees as may be necessary for carrying
out the duties of the Inspector General, subject to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and the provisions of chapter 51 and
subchapter III of chapter 53 of such title, relating to
classification and General Schedule pay rates.
(2) Employment of experts and consultants.--The Inspector
General may obtain services as authorized by section 3109 of title
5, United States Code, at daily rates not to exceed the equivalent
rate prescribed for grade GS-15 of the General Schedule by section
5332 of such title.
(3) Contracting authority.--To the extent and in such amounts
as may be provided in advance by appropriations Acts, the Inspector
General may enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and with
private persons, and make such payments as may be necessary to
carry out the duties of the Inspector General.
(4) Resources.--The Secretary of State or the Secretary of
Defense, as appropriate, shall provide the Inspector General with
appropriate and adequate office space at appropriate locations of
the Department of State or the Department of Defense, as the case
may be, in Afghanistan, together with such equipment, office
supplies, and communications facilities and services as may be
necessary for the operation of such offices, and shall provide
necessary maintenance services for such offices and the equipment
and facilities located therein.
(5) Assistance from federal agencies.--
(A) In general.--Upon request of the Inspector General for
information or assistance from any department, agency, or other
entity of the Federal Government, the head of such entity
shall, insofar as is practicable and not in contravention of
any existing law, furnish such information or assistance to the
Inspector General, or an authorized designee.
(B) Reporting of refused assistance.--Whenever information
or assistance requested by the Inspector General is, in the
judgment of the Inspector General, unreasonably refused or not
provided, the Inspector General shall report the circumstances
to the Secretary of State or the Secretary of Defense, as
appropriate, and to the appropriate congressional committees
without delay.
(6) Use of personnel, facilities, and other resources of the
office of the special inspector general for iraq reconstruction.--
Upon the request of the Inspector General, the Special Inspector
General for Iraq Reconstruction--
(A) may detail, on a reimbursable basis, any of the
personnel of the Office of the Special Inspector General for
Iraq Reconstruction to the Office of the Inspector General for
Afghanistan Reconstruction for the purpose of carrying out this
section; and
(B) may provide, on a reimbursable basis, any of the
facilities or other resources of the Office of the Special
Inspector General for Iraq Reconstruction to the Office of the
Inspector General for Afghanistan Reconstruction for the
purpose of carrying out this section.
(i) Reports.--
(1) Quarterly reports.--Not later than 30 days after the end of
each fiscal-year quarter, the Inspector General shall submit to the
appropriate congressional committees a report summarizing, for the
period of that quarter and, to the extent possible, the period from
the end of such quarter to the time of the submission of the
report, the activities during such period of the Inspector General
and the activities under programs and operations funded with
amounts appropriated or otherwise made available for the
reconstruction of Afghanistan. Each report shall include, for the
period covered by such report, a detailed statement of all
obligations, expenditures, and revenues associated with
reconstruction and rehabilitation activities in Afghanistan,
including the following:
(A) Obligations and expenditures of appropriated funds.
(B) A project-by-project and program-by-program accounting
of the costs incurred to date for the reconstruction of
Afghanistan, together with the estimate of the Department of
Defense, the Department of State, and the United States Agency
for International Development, as applicable, of the costs to
complete each project and each program.
(C) Revenues attributable to or consisting of funds
provided by foreign nations or international organizations to
programs and projects funded by any department or agency of the
United States Government, and any obligations or expenditures
of such revenues.
(D) Revenues attributable to or consisting of foreign
assets seized or frozen that contribute to programs and
projects funded by any department or agency of the United
States Government, and any obligations or expenditures of such
revenues.
(E) Operating expenses of agencies or entities receiving
amounts appropriated or otherwise made available for the
reconstruction of Afghanistan.
(F) In the case of any contract, grant, agreement, or other
funding mechanism described in paragraph (2)--
(i) the amount of the contract, grant, agreement, or
other funding mechanism;
(ii) a brief discussion of the scope of the contract,
grant, agreement, or other funding mechanism;
(iii) a discussion of how the department or agency of
the United States Government involved in the contract,
grant, agreement, or other funding mechanism identified,
and solicited offers from, potential individuals or
entities to perform the contract, grant, agreement, or
other funding mechanism, together with a list of the
potential individuals or entities that were issued
solicitations for the offers; and
(iv) the justification and approval documents on which
was based the determination to use procedures other than
procedures that provide for full and open competition.
(2) Covered contracts, grants, agreements, and funding
mechanisms.--A contract, grant, agreement, or other funding
mechanism described in this paragraph is any major contract, grant,
agreement, or other funding mechanism that is entered into by any
department or agency of the United States Government that involves
the use of amounts appropriated or otherwise made available for the
reconstruction of Afghanistan with any public or private sector
entity for any of the following purposes:
(A) To build or rebuild physical infrastructure of
Afghanistan.
(B) To establish or reestablish a political or societal
institution of Afghanistan.
(C) To provide products or services to the people of
Afghanistan.
(3) Public availability.--The Inspector General shall publish
on a publically-available Internet website each report under
paragraph (1) of this subsection in English and other languages
that the Inspector General determines are widely used and
understood in Afghanistan.
(4) Form.--Each report required under this subsection shall be
submitted in unclassified form, but may include a classified annex
if the Inspector General considers it necessary.
(5) Rule of construction.--Nothing in this subsection shall be
construed to authorize the public disclosure of information that
is--
(A) specifically prohibited from disclosure by any other
provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national defense
or national security or in the conduct of foreign affairs; or
(C) a part of an ongoing criminal investigation.
(j) Report Coordination.--
(1) Submission to secretaries of state and defense.--The
Inspector General shall also submit each report required under
subsection (i) to the Secretary of State and the Secretary of
Defense.
(2) Submission to congress.--Not later than 30 days after
receipt of a report under paragraph (1), the Secretary of State or
the Secretary of Defense may submit to the appropriate
congressional committees any comments on the matters covered by the
report as the Secretary of State or the Secretary of Defense, as
the case may be, considers appropriate. Any comments on the matters
covered by the report shall be submitted in unclassified form, but
may include a classified annex if the Secretary of State or the
Secretary of Defense, as the case may be, considers it necessary.
(k) Transparency.--
(1) Report.--Not later than 60 days after submission to the
appropriate congressional committees of a report under subsection
(i), the Secretary of State and the Secretary of Defense shall
jointly make copies of the report available to the public upon
request, and at a reasonable cost.
(2) Comments on matters covered by report.--Not later than 60
days after submission to the appropriate congressional committees
under subsection (j)(2) of comments on a report under subsection
(i), the Secretary of State and the Secretary of Defense shall
jointly make copies of the comments available to the public upon
request, and at a reasonable cost.
(l) Waiver.--
(1) Authority.--The President may waive the requirement under
paragraph (1) or (2) of subsection (k) with respect to availability
to the public of any element in a report under subsection (i), or
any comment under subsection (j)(2), if the President determines
that the waiver is justified for national security reasons.
(2) Notice of waiver.--The President shall publish a notice of
each waiver made under this subsection in the Federal Register no
later than the date on which a report required under subsection
(i), or any comment under subsection (j)(2), is submitted to the
appropriate congressional committees. The report and comments shall
specify whether waivers under this subsection were made and with
respect to which elements in the report or which comments, as
appropriate.
(m) Definitions.--In this section:
(1) Amounts appropriated or otherwise made available for the
reconstruction of afghanistan.--The term ``amounts appropriated or
otherwise made available for the reconstruction of Afghanistan''
means--
(A) amounts appropriated or otherwise made available for
any fiscal year--
(i) to the Afghanistan Security Forces Fund; or
(ii) to the program to assist the people of Afghanistan
established under subsection (a)(2) of section 1202 of the
National Defense Authorization for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3455-3456); and
(B) amounts appropriated or otherwise made available for
any fiscal year for the reconstruction of Afghanistan under--
(i) the Economic Support Fund;
(ii) the International Narcotics Control and Law
Enforcement account; or
(iii) any other provision of law.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(B) the Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives.
(n) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for fiscal year 2008 to carry out this section.
(2) Offset.--The amount authorized to be appropriated by
section 1513 for the Afghanistan Security Forces Fund is hereby
reduced by $20,000,000.
(o) Termination.--
(1) In general.--The Office of the Special Inspector General
for Afghanistan Reconstruction shall terminate 180 days after the
date on which amounts appropriated or otherwise made available for
the reconstruction of Afghanistan that are unexpended are less than
$250,000,000.
(2) Final report.--The Inspector General shall, prior to the
termination of the Office of the Special Inspector General for
Afghanistan Reconstruction under paragraph (1), prepare and submit
to the appropriate congressional committees a final forensic audit
report on programs and operations funded with amounts appropriated
or otherwise made available for the reconstruction of Afghanistan.

SEC. 1230. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN
AFGHANISTAN.

(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter through the end of
fiscal year 2010, the President, acting through the Secretary of
Defense, shall submit to the appropriate congressional committees a
report on progress toward security and stability in Afghanistan.
(b) Coordination.--The report required under subsection (a) shall
be prepared in coordination with the Secretary of State, the Director
of National Intelligence, the Attorney General, the Administrator of
the Drug Enforcement Administration, the Administrator of the United
States Agency for International Development, the Secretary of
Agriculture, and the head of any other department or agency of the
Government of the United States involved with activities relating to
security and stability in Afghanistan.
(c) Matters to Be Included: Strategic Direction of United States
Activities Relating to Security and Stability in Afghanistan.--The
report required under subsection (a) shall include a description of a
comprehensive strategy of the United States for security and stability
in Afghanistan. The description of such strategy shall consist of a
general overview and a separate detailed section for each of the
following:
(1) North atlantic treaty organization international security
assistance force.--A description of the following:
(A) Efforts of the United States to work with countries
participating in the North Atlantic Treaty Organization (NATO)
International Security Assistance Force (ISAF) in Afghanistan
(hereafter in this section referred to as ``NATO ISAF
countries'').
(B) Any actions by the United States to achieve the
following goals relating to strengthening the NATO ISAF, and
the results of such actions:
(i) Encourage NATO ISAF countries to fulfill
commitments to the NATO ISAF mission in Afghanistan, and
ensure adequate contributions to efforts to build the
capacity of the Afghanistan National Security Forces
(ANSF), counter-narcotics efforts, and reconstruction and
development activities in Afghanistan.
(ii) Remove national caveats on the use of forces
deployed as part of the NATO ISAF.
(iii) Reduce the number of civilian casualties
resulting from military operations of NATO ISAF countries
and mitigate the impact of such casualties on the Afghan
people.
(2) Afghanistan national security forces.--A description of the
following:
(A) A comprehensive and effective long-term strategy and
budget, with defined objectives, for activities relating to
strengthening the resources, capabilities, and effectiveness of
the Afghanistan National Army (ANA) and the Afghanistan
National Police (ANP) of the ANSF, with the goal of ensuring
that a strong and fully-capable ANSF is able to independently
and effectively conduct operations and maintain security and
stability in Afghanistan.
(B) Any actions by the United States to achieve the
following goals relating to building the capacity of the ANSF,
and the results of such actions:
(i) Improve coordination with all relevant departments
and agencies of the Government of the United States, as
well as NATO ISAF countries and other international
partners.
(ii) Improve ANSF recruitment and retention, including
through improved vetting and salaries for the ANSF.
(iii) Increase and improve ANSF training and mentoring.
(iv) Strengthen the partnership between the Government
of the United States and the Government of Afghanistan.
(3) Provincial reconstruction teams and other reconstruction
and development activities.--A description of the following:
(A) A comprehensive and effective long-term strategy and
budget, with defined objectives, for reconstruction and
development in Afghanistan, including a long-term strategy with
a mission and objectives for each United States-led Provincial
Reconstruction Team (PRT) in Afghanistan.
(B) Any actions by the United States to achieve the
following goals with respect to reconstruction and development
in Afghanistan, and the results of such actions:
(i) Improve coordination with all relevant departments
and agencies of the Government of the United States, as
well as NATO ISAF countries and other international
partners.
(ii) Clarify the chain of command, and operations plans
for United States-led PRTs that are appropriate to meet the
needs of the relevant local communities.
(iii) Promote coordination among PRTs.
(iv) Ensure that each PRT is adequately staffed,
particularly with civilian specialists, and that such staff
receive appropriate training.
(v) Expand the ability of the Afghan people to assume
greater responsibility for their own reconstruction and
development projects.
(vi) Strengthen the partnership between the Government
of the United States and the Government of Afghanistan.
(vii) Ensure proper reconstruction and development
oversight activities, including implementation, where
appropriate, of recommendations of any United States
inspectors general, including the Special Inspector General
for Afghanistan Reconstruction appointed pursuant to
section 1229.
(4) Counter-narcotics activities.--A description of the
following:
(A) A comprehensive and effective long-term strategy and
budget, with defined objectives, for the activities of the
Department of Defense relating to counter-narcotics efforts in
Afghanistan, including--
(i) roles and missions of the Department of Defense
within the overall counter-narcotics strategy for
Afghanistan of the Government of the United States,
including a statement of priorities;
(ii) a detailed, comprehensive, and effective strategy
with defined one-year, three-year, and five-year objectives
and a description of the accompanying allocation of
resources of the Department of Defense to accomplish such
objectives;
(iii) in furtherance of the strategy described in
clause (i), actions that the Department of Defense is
taking and has planned to take to--

(I) improve coordination within the Department of
Defense and with all relevant departments and agencies
of the Government of the United States;
(II) strengthen significantly the Afghanistan
National Counter-narcotics Police;
(III) build the capacity of local and provincial
governments of Afghanistan and the national Government
of Afghanistan to assume greater responsibility for
counter-narcotics-related activities, including
interdiction; and
(IV) improve counter-narcotics-related intelligence
capabilities and tactical use of such capabilities by
the Department of Defense and other appropriate
departments and agencies of the Government of the
United States; and

(iv) the impact, if any, including the disadvantages
and advantages, if any, on the primary counter-terrorism
mission of the United States military of providing enhanced
logistical support to departments and agencies of the
Government of the United States and counter-narcotics
partners of the United States in their interdiction
efforts, including apprehending or eliminating major drug
traffickers in Afghanistan.
(B) The counter-narcotics roles and missions assumed by the
local and provincial governments of Afghanistan and the
national Government of Afghanistan, appropriate departments and
agencies of the Government of the United States (other than the
Department of Defense), the NATO ISAF, and the governments of
other countries.
(C) The plan and efforts to coordinate the counter-
narcotics strategy and activities of the Department of Defense
with the counter-narcotics strategy and activities of the
Government of Afghanistan, the NATO-led interdiction and
security forces, other appropriate countries, and other
counter-narcotics partners of the United States, and the
results of such efforts.
(D) The progress made by the governments, organizations,
and entities specified in subparagraph (B) in executing
designated roles and missions, and in coordinating and
implementing counternarcotics plans and activities, and based
on the results of this progress whether, and to what extent,
roles and missions for the Department of Defense should be
altered in the future, or should remain unaltered.
(5) Public corruption and rule of law.--A description of any
actions, and the results of such actions, to help the Government of
Afghanistan fight public corruption and strengthen governance and
the rule of law at the local, provincial, and national levels.
(6) Regional considerations.--A description of any actions and
the results of such actions to increase cooperation with countries
geographically located around Afghanistan's border, with a
particular focus on improving security and stability in the
Afghanistan-Pakistan border areas.
(d) Matters to Be Included: Performance Indicators and Measures of
Progress Toward Sustainable Long-Term Security and Stability in
Afghanistan.--
(1) In general.--The report required under subsection (a) shall
set forth a comprehensive set of performance indicators and
measures of progress toward sustainable long-term security and
stability in Afghanistan, as specified in paragraph (2), and shall
include performance standards and progress goals, together with a
notional timetable for achieving such goals.
(2) Performance indicators and measures of progress
specified.--The performance indicators and measures of progress
specified in this paragraph shall include, at a minimum, the
following:
(A) With respect to the NATO ISAF, an assessment of
unfulfilled NATO ISAF mission requirements and contributions
from individual NATO ISAF countries, including levels of troops
and equipment, the effect of contributions on operations, and
unfulfilled commitments.
(B) An assessment of military operations of the NATO ISAF,
including of NATO ISAF countries, and an assessment of separate
military operations by United States forces. Such assessments
shall include--
(i) indicators of a stable security environment in
Afghanistan, such as number of engagements per day, and
trends relating to the numbers and types of hostile
encounters; and
(ii) the effects of national caveats that limit
operations, geographic location of operations, and
estimated number of civilian casualties.
(C) For the Afghanistan National Army (ANA), and separately
for the Afghanistan National Police (ANP), of the Afghanistan
National Security Forces (ANSF) an assessment of the following:
(i) Recruitment and retention numbers, rates of
absenteeism, vetting procedures, and salary scale.
(ii) Numbers trained, numbers receiving mentoring, the
type of training and mentoring, and number of trainers,
mentors, and advisers needed to support the ANA and ANP and
associated ministries.
(iii) Type of equipment used.
(iv) Operational readiness status of ANSF units,
including the type, number, size, and organizational
structure of ANA and ANP units that are--

(I) capable of conducting operations independently;
(II) capable of conducting operations with the
support of the United States, NATO ISAF forces, or
other coalition forces; or
(III) not ready to conduct operations.

(v) Effectiveness of ANA and ANP officers and the ANA
and ANP chain of command.
(vi) Extent to which insurgents have infiltrated the
ANA and ANP.
(vii) Estimated number and capability level of the ANA
and ANP needed to perform duties now undertaken by NATO
ISAF countries, separate United States forces and other
coalition forces, including defending the borders of
Afghanistan and providing adequate levels of law and order
throughout Afghanistan.
(D) An assessment of the estimated strength of the
insurgency in Afghanistan and the extent to which it is
composed of non-Afghan fighters and utilizing weapons or
weapons-related materials from countries other than
Afghanistan.
(E) A description of all terrorist and insurgent groups
operating in Afghanistan, including the number, size, equipment
strength, military effectiveness, sources of support, legal
status, and any efforts to disarm or reintegrate each such
group.
(F) An assessment of security and stability, including
terrorist and insurgent activity, in Afghanistan-Pakistan
border areas and in Pakistan's Federally Administered Tribal
Areas.
(G) An assessment of United States military requirements,
including planned force rotations, for the twelve-month period
following the date of the report required under subsection (a).
(H) For reconstruction and development, an assessment of
the following:
(i) The location, funding (including the sources of
funding), staffing requirements, current staffing levels,
and activities of each United States-led Provincial
Reconstruction Team.
(ii) Key indicators of economic activity that should be
considered the most important for determining the prospects
of stability in Afghanistan, including--

(I) the indicators set forth in the Afghanistan
Compact, which consist of roads, education, health,
agriculture, and electricity; and
(II) unemployment and poverty levels.

(I) For counter-narcotics efforts, an assessment of the
activities of the Department of Defense in Afghanistan, as
described in subsection (c)(4), and the effectiveness of such
activities.
(J) Key measures of political stability relating to both
central and local Afghan governance.
(K) For public corruption and rule of law, an assessment of
anti-corruption and law enforcement activities at the local,
provincial, and national levels and the effectiveness of such
activities.
(e) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex, if
necessary.
(f) Congressional Briefings.--The Secretary of Defense shall
supplement the report required under subsection (a) with regular
briefings to the appropriate congressional committees on the subject
matter of the report.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the House
of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.

SEC. 1231. UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN NATIONAL
SECURITY FORCES.

(a) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter through the end of
fiscal year 2010, the Secretary of Defense shall submit to the
appropriate congressional committees a report on a long-term detailed
plan for sustaining the Afghanistan National Army (ANA) and the
Afghanistan National Police (ANP) of the Afghanistan National Security
Forces (ANSF), with the objective of ensuring that a strong and fully-
capable ANSF will be able to independently and effectively conduct
operations and maintain long-term security and stability in
Afghanistan.
(b) Coordination.--The report required under subsection (a) shall
be prepared in coordination with the Secretary of State.
(c) Matters to Be Included.--The report required under subsection
(a) shall include a description of the following matters relating to
the plan for sustaining the ANSF:
(1) A comprehensive and effective long-term strategy and
budget, with defined objectives.
(2) A mechanism for tracking funding, equipment, training, and
services provided for the ANSF by the United States, countries
participating in the North Atlantic Treaty Organization (NATO)
International Security Assistance Force (ISAF) in Afghanistan
(hereafter in this section referred to as ``NATO ISAF countries''),
and other coalition forces that are not part of the NATO ISAF.
(3) Any actions to assist the Government of Afghanistan achieve
the following goals, and the results of such actions:
(A) Build and sustain effective Afghan security
institutions with fully-capable leadership and staff, including
a reformed Ministry of Interior, a fully-established Ministry
of Defense, and logistics, intelligence, medical, and
recruiting units (hereafter in this section referred to as
``ANSF-sustaining institutions'').
(B) Train and equip fully-capable ANSF that are capable of
conducting operations independently and in sufficient numbers.
(C) Establish strong ANSF-readiness assessment tools and
metrics.
(D) Build and sustain strong, professional ANSF officers at
the junior-, mid-, and senior-levels.
(E) Develop strong ANSF communication and control between
central command and regions, provinces, and districts.
(F) Establish a robust mentoring and advising program, and
a strong professional military training and education program,
for all ANSF officials.
(G) Establish effective merit-based salary, rank,
promotion, and incentive structures for the ANSF.
(H) Develop mechanisms for incorporating lessons learned
and best practices into ANSF operations.
(I) Establish an ANSF personnel accountability system with
effective internal discipline procedures and mechanisms, and a
system for addressing ANSF personnel complaints.
(J) Ensure effective ANSF oversight mechanisms, including a
strong record-keeping system to track ANSF equipment and
personnel.
(4) Coordination with all relevant departments and agencies of
the Government of the United States, as well as NATO ISAF countries
and other international partners, including on--
(A) funding;
(B) reform and establishment of ANSF-sustaining
institutions; and
(C) efforts to ensure that progress on sustaining the ANSF
is reinforced with progress in other pillars of the Afghan
security sector, particularly progress on building an effective
judiciary, curbing production and trafficking of illicit
narcotics, and demobilizing, disarming, and reintegrating
militia fighters.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the House
of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.

SEC. 1232. REPORT ON ENHANCING SECURITY AND STABILITY IN THE REGION
ALONG THE BORDER OF AFGHANISTAN AND PAKISTAN.

(a) Report Required.--
(1) In general.--Not later than March 31, 2008, the Secretary
of Defense, in consultation with the Secretary of State, shall
submit to the appropriate congressional committees a report on
enhancing security and stability in the region along the border of
Afghanistan and Pakistan.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) A detailed description of the efforts by the Government
of Pakistan to achieve the following objectives:
(i) Eliminate safe havens for Taliban, Al Qaeda, and
other violent extremist forces on the national territory of
Pakistan.
(ii) Prevent the movement of such forces across the
border of Pakistan into Afghanistan to engage in insurgent
or terrorist activities.
(B) An assessment of the Secretary of Defense as to whether
Pakistan is making substantial and sustained efforts to achieve
the objectives specified in subparagraph (A).
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(4) Limitation.--
(A) In general.--If the Secretary of Defense does not
submit the report required under paragraph (1) by March 31,
2008, then after such date the Government of Pakistan may not
be reimbursed under the authority of any provision of law
described in subparagraph (B) for logistical, military, or
other support provided by Pakistan to the United States until
the Secretary submits to the appropriate congressional
committees the report required by such paragraph.
(B) Provisions of law.--The provisions of law referred to
in subparagraph (A) are the following:
(i) Section 1233.
(ii) Any other provision of law under which payments
are authorized to reimburse key cooperating nations for
logistical, military, or other support provided by that
nation to or in connection with United States military
operations.
(5) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
(b) Notification Relating to Department of Defense Coalition
Support Funds for Pakistan.--
(1) Notification.--
(A) In general.--Not less than 15 days before making any
reimbursement to the Government of Pakistan under the authority
of any provision of law described in subparagraph (B) for
logistical, military, or other support provided by Pakistan to
the United States, the Secretary of Defense shall submit to the
congressional defense committees a written notification that
contains a detailed description of such logistical, military,
or other support.
(B) Provisions of law.--The provisions of law referred to
in subparagraph (A) are the following:
(i) Section 1233.
(ii) Any other provision of law under which payments
are authorized to reimburse key cooperating nations for
logistical, military, or other support provided by that
nation to or in connection with United States military
operations.
(2) Matters to be included.--Each notification required under
paragraph (1) shall include an itemized description of the
following support provided by Pakistan to the United States for
which the United States will provide reimbursement:
(A) Logistic support, supplies, and services, as such term
is defined in section 2350(1) of title 10, United States Code.
(B) Military support.
(C) Any other support or services.
(3) Form.--Each notification required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(4) Relationship to other notification requirements.--Each
notification required under paragraph (1) shall be in addition to
any notification requirements under any provision of law described
in subparagraph (B) of such paragraph.
(5) Effective date.--The requirement to submit notifications
under paragraph (1) shall apply with respect to reimbursements to
the Government of Pakistan for logistical, military, or other
support provided by Pakistan to the United States during the period
beginning on February 1, 2008, and ending on September 30, 2009.

SEC. 1233. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT
PROVIDED TO UNITED STATES MILITARY OPERATIONS.

(a) Authority.--From funds made available for the Department of
Defense by section 1508 for operation and maintenance, Defense-wide
activities, the Secretary of Defense may reimburse any key cooperating
nation for logistical and military support provided by that nation to
or in connection with United States military operations in Operation
Iraqi Freedom or Operation Enduring Freedom.
(b) Amounts of Reimbursement.--
(1) In general.--Reimbursement authorized by subsection (a) may
be made in such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State and in consultation with the
Director of the Office of Management and Budget, may determine,
based on documentation determined by the Secretary of Defense to
adequately account for the support provided.
(2) Standards.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
standards for determining the kinds of logistical and military
support to the United States that shall be considered reimbursable
under the authority in subsection (a). Such standards may not take
effect until 15 days after the date on which the Secretary submits
to the congressional defense committees a report setting forth such
standards.
(c) Limitations.--
(1) Limitation on amount.--The total amount of reimbursements
made under the authority in subsection (a) during fiscal year 2008
may not exceed $1,200,000,000.
(2) Prohibition on contractual obligations to make payments.--
The Secretary of Defense may not enter into any contractual
obligation to make a reimbursement under the authority in
subsection (a).
(d) Notice to Congress.--The Secretary of Defense shall--
(1) notify the congressional defense committees not less than
15 days before making any reimbursement under the authority in
subsection (a); and
(2) submit to the congressional defense committees on a
quarterly basis a report on any reimbursements made under the
authority in subsection (a) during such quarter.

SEC. 1234. LOGISTICAL SUPPORT FOR COALITION FORCES SUPPORTING
OPERATIONS IN IRAQ AND AFGHANISTAN.

(a) Availability of Funds for Logistical Support.--Subject to the
provisions of this section, amounts available to the Department of
Defense for fiscal year 2008 for operation and maintenance may be used
to provide supplies, services, transportation (including airlift and
sealift), and other logistical support to coalition forces supporting
United States military and stabilization operations in Iraq and
Afghanistan.
(b) Required Determination.--The Secretary may provide logistical
support under the authority in subsection (a) only if the Secretary
determines that the coalition forces to be provided the logistical
support--
(1) are essential to the success of a United States military or
stabilization operation; and
(2) would not be able to participate in such operation without
the provision of the logistical support.
(c) Coordination With Export Control Laws.--Logistical support may
be provided under the authority in subsection (a) only in accordance
with applicable provisions of the Arms Export Control Act and other
export control laws of the United States.
(d) Limitation on Value.--The total amount of logistical support
provided under the authority in subsection (a) in fiscal year 2008 may
not exceed $400,000,000.
(e) Quarterly Reports.--
(1) Reports required.--Not later than 15 days after the end of
each fiscal-year quarter of fiscal year 2008, the Secretary shall
submit to the congressional defense committees a report on the
provision of logistical support under the authority in subsection
(a) during such fiscal-year quarter.
(2) Elements.--Each report under paragraph (1) shall include,
for the fiscal-year quarter covered by such report, the following:
(A) Each nation provided logistical support under the
authority in subsection (a).
(B) For each such nation, a description of the type and
value of logistical support so provided.

Subtitle C--Iraq Refugee Crisis

SEC. 1241. SHORT TITLE.

This subtitle may be cited as the ``Refugee Crisis in Iraq Act of
2007''.

SEC. 1242. PROCESSING MECHANISMS.

(a) In General.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall establish or use existing refugee
processing mechanisms in Iraq and in countries, where appropriate, in
the region in which--
(1) aliens described in section 1243 may apply and interview
for admission to the United States as refugees; and
(2) aliens described in section 1244(b) may apply and interview
for admission to United States as special immigrants.
(b) Suspension.--If such is determined necessary, the Secretary of
State, in consultation with the Secretary of Homeland Security, may
suspend in-country processing under subsection (a) for a period not to
exceed 90 days. Such suspension may be extended by the Secretary of
State upon notification to the Committee on the Judiciary of the House
of Representatives, the Committee on Foreign Affairs of the House of
Representatives, the Committee on the Judiciary of the Senate, and the
Committee on Foreign Relations of the Senate. The Secretary of State
shall submit to such committees a report outlining the basis of any
such suspension and any extensions thereof.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the Secretary
of Homeland Security, shall submit to the committees specified in
subsection (b) a report that--
(1) describes the Secretary of State's plans to establish the
processing mechanisms required under subsection (a);
(2) contains an assessment of in-country processing that makes
use of videoconferencing; and
(3) describes the Secretary of State's diplomatic efforts to
improve issuance of exit permits to Iraqis who have been provided
special immigrant status under section 1244 and Iraqi refugees
under section 1243.

SEC. 1243. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES.

(a) In General.--Refugees of special humanitarian concern eligible
for Priority 2 processing under the refugee resettlement priority
system who may apply directly to the United States Admission Program
shall include--
(1) Iraqis who were or are employed by the United States
Government, in Iraq;
(2) Iraqis who establish to the satisfaction of the Secretary
of State that they are or were employed in Iraq by--
(A) a media or nongovernmental organization headquartered
in the United States; or
(B) an organization or entity closely associated with the
United States mission in Iraq that has received United States
Government funding through an official and documented contract,
award, grant, or cooperative agreement; and
(3) spouses, children, and parents whether or not accompanying
or following to join, and sons, daughters, and siblings of aliens
described in paragraph (1), paragraph (2), or section 1244(b)(1);
and
(4) Iraqis who are members of a religious or minority
community, have been identified by the Secretary of State, or the
designee of the Secretary, as a persecuted group, and have close
family members (as described in section 201(b)(2)(A)(i) or 203(a)
of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)
and 1153(a))) in the United States.
(b) Identification of Other Persecuted Groups.--The Secretary of
State, or the designee of the Secretary, is authorized to identify
other Priority 2 groups of Iraqis, including vulnerable populations.
(c) Ineligible Organizations and Entities.--Organizations and
entities described in subsection (a)(2) shall not include any that
appear on the Department of the Treasury's list of Specially Designated
Nationals or any entity specifically excluded by the Secretary of
Homeland Security, after consultation with the Secretary of State and
the heads of relevant elements of the intelligence community (as
defined in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(d) Applicability of Other Requirements.--Aliens under this section
who qualify for Priority 2 processing under the refugee resettlement
priority system shall satisfy the requirements of section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) for admission to the
United States.
(e) Numerical Limitations.--In determining the number of Iraqi
refugees who should be resettled in the United States under paragraphs
(2), (3), and (4) of subsection (a) and subsection (b) of section 207
of the Immigration and Nationality Act (8 U.S.C. 1157), the President
shall consult with the heads of nongovernmental organizations that have
a presence in Iraq or experience in assessing the problems faced by
Iraqi refugees.
(f) Eligibility for Admission as Refugee.--No alien shall be denied
the opportunity to apply for admission under this section solely
because such alien qualifies as an immediate relative or is eligible
for any other immigrant classification.

SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.

(a) In General.--Subject to subsection (c), the Secretary of
Homeland Security, or, notwithstanding any other provision of law, the
Secretary of State in consultation with the Secretary of Homeland
Security, may provide an alien described in subsection (b) with the
status of a special immigrant under section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
(1) or an agent acting on behalf of the alien, submits a
petition for classification under section 203(b)(4) of such Act (8
U.S.C. 1153(b)(4));
(2) is otherwise eligible to receive an immigrant visa;
(3) is otherwise admissible to the United States for permanent
residence (excluding the grounds for inadmissibility specified in
section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)); and
(4) cleared a background check and appropriate screening, as
determined by the Secretary of Homeland Security.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this subsection
if the alien--
(A) is a citizen or national of Iraq;
(B) was or is employed by or on behalf of the United States
Government in Iraq, on or after March 20, 2003, for not less
than one year;
(C) provided faithful and valuable service to the United
States Government, which is documented in a positive
recommendation or evaluation, subject to paragraph (4), from
the employee's senior supervisor or the person currently
occupying that position, or a more senior person, if the
employee's senior supervisor has left the employer or has left
Iraq; and
(D) has experienced or is experiencing an ongoing serious
threat as a consequence of the alien's employment by the United
States Government.
(2) Spouses and children.--An alien is described in this
subsection if the alien--
(A) is the spouse or child of a principal alien described
in paragraph (1); and
(B) is accompanying or following to join the principal
alien in the United States.
(3) Treatment of surviving spouse or child.--An alien is
described in subsection (b) if the alien--
(A) was the spouse or child of a principal alien described
in paragraph (1) who had a petition for classification approved
pursuant to this section or section 1059 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 8 U.S.C. 1101 note), which included the alien as an
accompanying spouse or child; and
(B) due to the death of the principal alien--
(i) such petition was revoked or terminated (or
otherwise rendered null); and
(ii) such petition would have been approved if the
principal alien had survived.
(4) Approval by chief of mission required.--A recommendation or
evaluation required under paragraph (1)(C) shall be accompanied by
approval from the Chief of Mission, or the designee of the Chief of
Mission, who shall conduct a risk assessment of the alien and an
independent review of records maintained by the United States
Government or hiring organization or entity to confirm employment
and faithful and valuable service to the United States Government
prior to approval of a petition under this section.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who may
be provided special immigrant status under this section may not
exceed 5,000 per year for each of the five fiscal years beginning
after the date of the enactment of this Act.
(2) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this section shall not be counted
against any numerical limitation under sections 201(d), 202(a), or
203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d),
1152(a), and 1153(b)(4)).
(3) Carry forward.--
(A) Fiscal years one through four.--If the numerical
limitation specified in paragraph (1) is not reached during a
given fiscal year referred to in such paragraph (with respect
to fiscal years one through four), the numerical limitation
specified in such paragraph for the following fiscal year shall
be increased by a number equal to the difference between--
(i) the numerical limitation specified in paragraph (1)
for the given fiscal year; and
(ii) the number of principal aliens provided special
immigrant status under this section during the given fiscal
year.
(B) Fiscal years five and six.--If the numerical limitation
specified in paragraph (1) is not reached in the fifth fiscal
year beginning after the date of the enactment of this Act, the
total number of principal aliens who may be provided special
immigrant status under this section for the sixth fiscal year
beginning after such date shall be equal to the difference
between--
(i) the numerical limitation specified in paragraph (1)
for the fifth fiscal year; and
(ii) the number of principal aliens provided such
status under this section during the fifth fiscal year.
(d) Visa and Passport Issuance and Fees.--Neither the Secretary of
State nor the Secretary of Homeland Security may charge an alien
described in subsection (b) any fee in connection with an application
for, or issuance of, a special immigrant visa. The Secretary of State
shall make a reasonable effort to ensure that aliens described in this
section who are issued special immigrant visas are provided with the
appropriate series Iraqi passport necessary to enter the United States.
(e) Protection of Aliens.--The Secretary of State, in consultation
with the heads of other relevant Federal agencies, shall make a
reasonable effort to provide an alien described in this section who is
applying for a special immigrant visa with protection or the immediate
removal from Iraq, if possible, of such alien if the Secretary
determines after consultation that such alien is in imminent danger.
(f) Eligibility for Admission Under Other Classification.--No alien
shall be denied the opportunity to apply for admission under this
section solely because such alien qualifies as an immediate relative or
is eligible for any other immigrant classification.
(g) Resettlement Support.--Iraqi aliens granted special immigrant
status described in section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible for
resettlement assistance, entitlement programs, and other benefits
available to refugees admitted under section 207 of such Act (8 U.S.C.
1157) for a period not to exceed eight months.
(h) Rule of Construction.--Nothing in this section may be construed
to affect the authority of the Secretary of Homeland Security under
section 1059 of the National Defense Authorization Act for Fiscal Year
2006.

SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES AND INTERNALLY
DISPLACED PERSONS.

(a) Designation in Iraq.--The Secretary of State shall designate in
the embassy of the United States in Baghdad, Iraq, a Senior Coordinator
for Iraqi Refugees and Internally Displaced Persons (referred to in
this section as the ``Senior Coordinator'').
(b) Responsibilities.--The Senior Coordinator shall be responsible
for the oversight of processing for the resettlement in the United
States of refugees of special humanitarian concern, special immigrant
visa programs in Iraq, and the development and implementation of other
appropriate policies and programs concerning Iraqi refugees and
internally displaced persons. The Senior Coordinator shall have the
authority to refer persons to the United States refugee resettlement
program.
(c) Designation of Additional Senior Coordinators.--The Secretary
of State shall designate in the embassies of the United States in
Cairo, Egypt, Amman, Jordan, Damascus, Syria, and Beirut, Lebanon, a
Senior Coordinator to oversee resettlement in the United States of
refugees of special humanitarian concern in those countries to ensure
their applications to the United States refugee resettlement program
are processed in an orderly manner and without delay.

SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS OF IRAQI REFUGEES.

With respect to each country with a significant population of Iraqi
refugees, including Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon,
the Secretary of State shall--
(1) as appropriate, consult with the appropriate government
officials of such countries and other countries and the United
Nations High Commissioner for Refugees regarding resettlement of
the most vulnerable members of such refugee populations; and
(2) as appropriate, except where otherwise prohibited by the
laws of the United States, develop mechanisms in and provide
assistance to countries with a significant population of Iraqi
refugees to ensure the well-being and safety of such populations in
their host environments.

SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION OF ASYLUM.

An alien who applied for asylum or withholding of removal and whose
claim was denied on or after March 1, 2003, by an asylum officer or an
immigration judge solely, or in part, on the basis of changed country
conditions may, notwithstanding any other provision of law, file a
motion to reopen such claim in accordance with subparagraphs (A) and
(B) of section 240(c)(7) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)) not later than six months after the date of the
enactment of the Refugee Crisis in Iraq Act if the alien--
(1) is a citizen or national of Iraq; and
(2) has remained in the United States since the date of such
denial.

SEC. 1248. REPORTS.

(a) Secretary of Homeland Security.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Homeland
Security shall submit to the Committee on the Judiciary of the House of
Representatives, the Committee on Foreign Affairs of the House of
Representatives, the Committee on the Judiciary of the Senate, and the
Committee on Foreign Relations of the Senate a report containing plans
to expedite the processing of Iraqi refugees for resettlement,
including information relating to--
(1) expediting the processing of Iraqi refugees for
resettlement, including through temporary expansion of the Refugee
Corps of United States Citizenship and Immigration Services;
(2) increasing the number of personnel of the Department of
Homeland Security devoted to refugee processing in Iraq, Jordan,
Egypt, Syria, Turkey, and Lebanon;
(3) enhancing existing systems for conducting background and
security checks of persons applying for special immigrant status
and of persons considered Priority 2 refugees of special
humanitarian concern under the refugee resettlement priority
system, which enhancements shall support immigration security and
provide for the orderly processing of such applications without
delay; and
(4) the projections of the Secretary, per country and per
month, for the number of refugee interviews that will be conducted
in fiscal year 2008 and fiscal year 2009.
(b) President.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter through 2013, the
President shall submit to Congress an unclassified report, with a
classified annex if necessary, which includes--
(1) an assessment of the financial, security, and personnel
considerations and resources necessary to carry out the provisions
of this subtitle;
(2) the number of aliens described in section 1243(a)(1);
(3) the number of such aliens who have applied for special
immigrant visas;
(4) the date of such applications; and
(5) in the case of applications pending for longer than six
months, the reasons that such visas have not been expeditiously
processed.
(c) Report on Iraqi Citizens and Nationals Employed by the United
States Government or Federal Contractors in Iraq.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, the Secretary of
State, the Administrator of the United States Agency for
International Development, the Secretary of the Treasury, and the
Secretary of Homeland Security shall--
(A) review internal records and databases of their
respective agencies for information that can be used to verify
employment of Iraqi nationals by the United States Government;
and
(B) request from each prime contractor or grantee that has
performed work in Iraq since March 20, 2003, under a contract,
grant, or cooperative agreement with their respective agencies
that is valued in excess of $25,000 information that can be
used to verify the employment of Iraqi nationals by such
contractor or grantee.
(2) Information required.--To the extent data is available, the
information referred to in paragraph (1) shall include the name and
dates of employment of, biometric data for, and other data that can
be used to verify the employment of each Iraqi citizen or national
who has performed work in Iraq since March 20, 2003, under a
contract, grant, or cooperative agreement with an executive agency.
(3) Executive agency defined.--In this subsection, the term
``executive agency'' has the meaning given the term in section 4(1)
of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).
(d) Report on Establishment of Database.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of State, the Administrator of the
United States Agency for International Development, the Secretary of
the Treasury, and the Secretary of Homeland Security, shall submit to
Congress a report examining the options for establishing a unified,
classified database of information related to contracts, grants, or
cooperative agreements entered into by executive agencies for the
performance of work in Iraq since March 20, 2003, including the
information described and collected under subsection (c), to be used by
relevant Federal departments and agencies to adjudicate refugee,
asylum, special immigrant visa, and other immigration claims and
applications.
(e) Noncompliance Report.--Not later than 180 days after the date
of the enactment of this Act, the President shall submit a report to
Congress that describes--
(1) the inability or unwillingness of any contractor or grantee
to provide the information requested under subsection (c)(1)(B);
and
(2) the reasons for failing to provide such information.

SEC. 1249. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.

Subtitle D--Other Authorities and Limitations

SEC. 1251. COOPERATIVE OPPORTUNITIES DOCUMENTS UNDER COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO
ORGANIZATIONS AND OTHER ALLIED AND FRIENDLY FOREIGN
COUNTRIES.

Section 2350a(e) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``(A)'';
(B) by striking ``an arms cooperation opportunities
document'' and inserting ``a cooperative opportunities document
before the first milestone or decision point''; and
(C) by striking subparagraph (B); and
(2) in paragraph (2), by striking ``An arms cooperation
opportunities document'' and inserting ``A cooperative
opportunities document''.

SEC. 1252. EXTENSION AND EXPANSION OF TEMPORARY AUTHORITY TO USE
ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND
MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND
SURVIVABILITY.

(a) Expansion to Nations Engaged in Certain Peacekeeping
Operations.--Subsection (a) of section 1202 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2412) is amended--
(1) in paragraph (1), by inserting ``or participating in
combined operations with the United States as part of a
peacekeeping operation under the Charter of the United Nations or
another international agreement'' after ``Iraq or Afghanistan'';
and
(2) in paragraph (3) by inserting ``, or in a peacekeeping
operation described in paragraph (1), as applicable,'' after ``Iraq
or Afghanistan''.
(b) One-Year Extension.--Subsection (e) of such section is amended
by striking ``September 30, 2008'' and inserting ``September 30,
2009''.
(c) Conforming Amendment.--The heading of such section is amended
by striking ``foreign forces in iraq and afghanistan'' and inserting
``certain foreign forces''.

SEC. 1253. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF PALAU FOR COSTS
OF UNITED STATES MILITARY CIVIC ACTION TEAM IN PALAU.

Section 104(a) of Public Law 99-658 (48 U.S.C. 1933(a)) is
amended--
(1) by striking ``In recognition'' and inserting ``(1) In
recognition''; and
(2) by adding at the end the following:
``(2) For expenditures that the Department of Defense makes
pursuant to paragraph (1), the Secretary of Defense may accept up to
the amount of $250,000 in annual funds from the Government of Palau as
specified in paragraph (1). Funds accepted by the Secretary from the
Government of Palau under this paragraph shall be credited to and
merged with appropriations available to the Department of Defense and
shall be used to defray expenditures attendant to the operation of the
United States military Civic Action Team in Palau. Funds so credited
and merged shall be available for the same time period as the
appropriations to which the funds are credited and merged.''.

SEC. 1254. REPEAL OF REQUIREMENT RELATING TO NORTH KOREA.

Section 1211 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2420) is amended by
striking subsection (a).

SEC. 1255. JUSTICE FOR OSAMA BIN LADEN AND OTHER LEADERS OF AL QAEDA.

(a) Enhanced Reward for Capture of Osama Bin Laden.--Section
36(e)(1) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708(e)(1)) is amended by adding at the end the following new
sentence: ``The Secretary shall authorize a reward of $50,000,000 for
the capture or death or information leading to the capture or death of
Osama bin Laden.''.
(b) Status of Efforts To Bring Osama Bin Laden and Other Leaders of
Al Qaeda to Justice.--
(1) Report required.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State and the Secretary
of Defense shall, in coordination with the Director of National
Intelligence, jointly submit to Congress a report on the progress
made in bringing Osama bin Laden and other leaders of al Qaeda to
justice.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) An assessment of the likely current location of
terrorist leaders, including Osama bin Laden, Ayman al-
Zawahiri, and other key leaders of al Qaeda.
(B) A description of ongoing efforts to bring to justice
such terrorist leaders, particularly those who have been
directly implicated in attacks in the United States and its
embassies.
(C) An assessment of whether the government of each country
assessed as a likely location of top leaders of al Qaeda has
fully cooperated in efforts to bring those leaders to justice.
(D) A description of diplomatic efforts currently being
made to improve the cooperation of the governments described in
subparagraph (C).
(E) A description of the current status of the top
leadership of al Qaeda and the strategy for locating them and
bringing them to justice.
(F) An assessment of whether al Qaeda remains the terrorist
organization that poses the greatest threat to United States
interests, including the greatest threat to the territorial
United States.
(3) Update of report.--Not later than one year after the
submission of the report required under paragraph (1), the
Secretary of State and the Secretary of Defense shall, in
coordination with the Director of National Intelligence, jointly
submit to Congress an update of the report required under paragraph
(1).
(4) Form.--The report required under paragraph (1) and the
update of the report required under paragraph (3) shall be
submitted in unclassified form, but may contain a classified annex,
if necessary.

SEC. 1256. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.

(a) Members.--Section 1605 of the National Defense Authorization
Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended in subsection
(a)(1)--
(1) in subparagraph (C) by striking ``Director of Central
Intelligence'' and inserting ``Director of National Intelligence'';
and
(2) by adding at the end the following:
``(E) The Secretary of State.
``(F) The Secretary of Homeland Security.''.
(b) Access to Information.--Subsection (d) of such section is
amended by inserting after ``Department of Energy,'' the following:
``the Department of State, the Department of Homeland Security,''.
(c) Termination.--Subsection (f) of such section is amended by
striking ``2008'' and inserting ``2013''.
(d) Submission of Report.--Section 1503 of the National Defense
Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is
amended--
(1) in subsection (a)--
(A) by striking ``Annual'' and inserting ``Biennial''; and
(B) by striking ``each year'' and inserting ``each odd-
numbered year''; and
(2) in subsection (b)(5)--
(A) by striking ``fiscal year preceding'' and inserting
``two fiscal years preceding''; and
(B) by striking ``preceding fiscal year'' and inserting
``preceding fiscal years''.

SEC. 1257. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE INSTITUTE FOR
SECURITY COOPERATION.

It is the sense of Congress that--
(1) the education and training facility of the Department of
Defense known as the Western Hemisphere Institute for Security
Cooperation has the mission of providing professional education and
training to eligible military personnel, law enforcement officials,
and civilians of nations of the Western Hemisphere that support the
democratic principles set forth in the Inter-American Democratic
Charter of the Organization of American States, while fostering
mutual knowledge, transparency, confidence, and cooperation among
the participating nations and promoting democratic values and
respect for human rights; and
(2) therefore, the Institute is an invaluable education and
training facility which the Department of Defense should continue
to utilize in order to help foster a spirit of partnership and
interoperability among the United States military and the
militaries of participating nations.

SEC. 1258. SENSE OF CONGRESS ON IRAN.

It is the sense of Congress that--
(1) the manner in which the United States transitions and
structures its military presence in Iraq will have critical long-
term consequences for the future of the Persian Gulf and the Middle
East, in particular with regard to the ability of the Government of
Iran to pose a threat to the security of the region, the prospects
for democracy for the people of the region, and the health of the
global economy;
(2) it is in the national interest of the United States that
the Government of Iran should not use extremists in Iraq to subvert
or co-opt the institutions of the legitimate Government of Iraq;
(3) the United States should designate Iran's Islamic
Revolutionary Guards Corps as a foreign terrorist organization
under section 219 of the Immigration and Nationality Act (8 U.S.C.
1189) and place the Islamic Revolutionary Guards Corps on the list
of Specially Designated Global Terrorists, as established under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) and initiated under Executive Order 13224 (September 23,
2001); and
(4) the United States should act with all possible expediency
to complete the listing of those entities targeted under United
Nations Security Council Resolutions 1737 and 1747, adopted
unanimously on December 23, 2006, and March 24, 2007, respectively.

Subtitle E--Reports

SEC. 1261. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS RELATING TO
THE BOMBING OF THE LABELLE DISCOTHEQUE.

Section 1225 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3465) is amended--
(1) in subsection (b)(2)--
(A) in the heading, by striking ``Update'' and inserting
``Updates''; and
(B) by inserting ``and not later than two years after
enactment of this Act,'' after ``Not later than one year after
enactment of this Act,''; and
(2) in subsection (c), by striking ``Committee on International
Relations'' and inserting ``Committee on Foreign Affairs''.

SEC. 1262. REPORT ON UNITED STATES POLICY TOWARD DARFUR, SUDAN.

(a) Requirement for Report.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary
of State shall jointly submit to the appropriate congressional
committees a report on the policy of the United States to address
the crisis in the Darfur region of Sudan, eastern Chad, and north-
eastern Central African Republic, and on the contributions of the
Department of Defense and the Department of State to the North
Atlantic Treaty Organization (NATO), the United Nations, and the
African Union in support of the current African Union Mission in
Sudan (AMIS) or any covered United Nations mission.
(2) Update of report.--Not later than 180 days after the
submission of the report required under paragraph (1), the
Secretary of Defense and the Secretary of State shall jointly
submit to the appropriate congressional committees an update of the
report.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the extent to which the Government of
Sudan is in compliance with its obligations under international law
and as a member of the United Nations, including under United
Nations Security Council Resolutions 1591 (2005), 1706 (2006), 1769
(2007), and 1784 (2007) and a description of any violations of such
obligations, including violations relating to the denial of or
delay in facilitating access by AMIS and United Nations
peacekeeping forces to conflict areas, failure to implement
responsibilities to demobilize and disarm the Janjaweed militias,
obstruction of the voluntary safe return of internally displaced
persons and refugees, and degradation of security of and access to
humanitarian supply routes.
(2) An assessment of the role played by rebel forces in
contributing to violence being carried out against civilians and
humanitarian organizations and of the impact of such activities on
international efforts to create conditions of peace and security on
the ground.
(3) A comprehensive explanation of the policy of the United
States to address the crisis in the Darfur region, including the
activities undertaken by the Department of Defense and the
Department of State in support of that policy.
(4) A comprehensive assessment of the potential impact of a no-
fly zone for the Darfur region, including an assessment of the
impact of such a no-fly zone on humanitarian efforts in Darfur and
the region and a plan to minimize any negative impact on such
humanitarian efforts during the implementation of such a no-fly
zone.
(5) A description of contributions made by the Department of
Defense and the Department of State in support of NATO assistance
to AMIS and any covered United Nations mission.
(6) An assessment of the extent to which additional United
States Government resources are necessary to meet its obligations
to AMIS and any covered United Nations mission.
(7) An assessment of the force size and composition of an
international effort estimated to be necessary to provide
protection to civilian populations currently displaced in the
Darfur region, as well as the force size and composition of an
international effort estimated to be necessary to provide broader
stability within that region.
(8) An examination of the current capacity of the existing
airfield in Abeche, Chad, including the scope of its current use by
the international community in response to the crisis in the Darfur
region.
(9) An analysis of the upgrades, and their associated costs,
necessary to enable the airfield in Abeche, Chad, to be improved to
be fully capable of accommodating a humanitarian, peacekeeping, or
other force deployment of the size foreseen by United Nations
Security Council Resolution 1769 calling for a United Nations
deployment to Chad and a hybrid force of the United Nations and
African Union operating under Chapter VII of the United Nations
Charter for Sudan.
(c) Form and Availability of Reports.--
(1) Form.--The report and update of the report required under
subsection (a) shall be submitted in an unclassified form, but may
include a classified annex.
(2) Availability.--The unclassified portion of the report and
update of the report required under subsection (a) shall be made
available to the public.
(d) Repeal of Superseded Report Requirement.--Section 1227 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2426) is repealed.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) Covered united nations mission.--The term ``covered United
Nations mission'' means any United Nations-African Union hybrid
peacekeeping operation in the Darfur region of Sudan, and any
United Nations peacekeeping operation in the Darfur region, eastern
Chad, or northern Central African Republic, that is deployed on or
after the date of the enactment of this Act.

SEC. 1263. INCLUSION OF INFORMATION ON ASYMMETRIC CAPABILITIES IN
ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE'S REPUBLIC
OF CHINA.

Section 1202(b) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note) is amended by
adding at the end the following new paragraph:
``(9) Developments in China's asymmetric capabilities,
including efforts to acquire, develop, and deploy cyberwarfare
capabilities.''.

SEC. 1264. REPORT ON APPLICATION OF THE UNIFORM CODE OF MILITARY
JUSTICE TO CIVILIANS ACCOMPANYING THE ARMED FORCES DURING
A TIME OF DECLARED WAR OR CONTINGENCY OPERATION.

(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the status of implementing paragraph (10)
of section 802(a) of title 10, United States Code (article 2(a) of the
Uniform Code of Military Justice), as amended by section 552 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364), related to the application of chapter 47 of such
title (the Uniform Code of Military Justice) to persons serving with or
accompanying an armed force in the field during a time of declared war
or contingency operation.
(b) Contents of Report.--The report required by subsection (a)
shall include each of the following:
(1) A discussion of how the Secretary has resolved issues
related to establishing jurisdiction under such chapter over
persons referred to in paragraph (10) of section 802(a) of title
10, United States Code (article 2(a) of the Uniform Code of
Military Justice), specifically with respect to persons under
contract with the Department of Defense or with other Federal
agencies.
(2) An identification of any outstanding issues that remain to
be resolved with respect to implementing such paragraph and a
timetable for resolving such issues.
(3) A description of key implementing steps that have been
taken or remain to be taken to assert jurisdiction under chapter 47
of such title over such persons.
(4) An explanation of the Secretary's approach to identifying
factors that commanders should consider in determining whether to
seek prosecution of such a person under such chapter or under
chapter 212 of title 18, United States Code.

SEC. 1265. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES CITIZENS AND
THEIR RELATIVES IN NORTH KOREA.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to Congress a
report on family reunions between United States citizens and their
relatives in the Democratic People's Republic of Korea.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of the efforts, if any, of the United States
Government to facilitate family reunions between United States
citizens and their relatives in North Korea, including the
following:
(A) Discussing with North Korea family reunions between
United States citizens and their relatives in North Korea.
(B) Planning, in the event of a normalization of relations
between the United States and North Korea, for the appropriate
role of the United States embassy in Pyongyang, North Korea, in
facilitating family reunions between United States citizens and
their relatives in North Korea.
(2) A description of additional efforts, if any, of the United
States Government to facilitate family reunions between United
States citizens and their relatives in North Korea that the
President considers to be desirable and feasible.

SEC. 1266. REPORTS ON PREVENTION OF MASS ATROCITIES.

(a) Department of State Report.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit to
the congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of
the House of Representatives a report assessing the capability of
the Department of State to provide training and guidance to the
command of an international intervention force that seeks to
prevent mass atrocities.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An evaluation of any doctrine currently used by the
Secretary of State to prepare for the training and guidance of
the command of an international intervention force.
(B) An assessment of the role played by the United States
in developing the ``responsibility to protect'' doctrine
described in paragraphs 138 through 140 of the outcome document
of the High-level Plenary Meeting of the General Assembly
adopted by the United Nations in September 2005, and an update
on actions taken by the United States Mission to the United
Nations to discuss, promote, and implement such doctrine.
(C) An assessment of the potential capability of the
Department of State and other Federal departments and agencies
to support the development of new doctrines for the training
and guidance of an international intervention force in keeping
with the ``responsibility to protect'' doctrine.
(D) Recommendations as to the steps necessary to allow the
Secretary of State to provide more effective training and
guidance to an international intervention force.
(b) Department of Defense Report.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of
the House of Representatives a report assessing the capability of
the Department of Defense to provide training and guidance to the
command of an international intervention force that seeks to
prevent mass atrocities.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An evaluation of any doctrine currently used by the
Secretary of Defense to prepare for the training and guidance
of the command of an international intervention force.
(B) An assessment of the potential capability of the
Department of Defense and other Federal departments and
agencies to support the development of new doctrines for the
training and guidance of an international intervention force in
keeping with the ``responsibility to protect'' doctrine.
(C) Recommendations as to the steps necessary to allow the
Secretary of Defense to provide more effective training and
guidance to an international intervention force.
(D) A summary of any assessments or studies of the
Department of Defense or other Federal departments or agencies
relating to ``Operation Artemis'', the 2004 French military
deployment and intervention in the eastern region of the
Democratic Republic of Congo to protect civilians from local
warring factions.
(c) International Intervention Force.--For the purposes of this
section, ``international intervention force'' means a military force
that--
(1) is authorized by the United Nations; and
(2) has a mission that is narrowly focused on the protection of
civilian life and the prevention of mass atrocities such as
genocide.

SEC. 1267. REPORT ON THREATS TO THE UNITED STATES FROM UNGOVERNED
AREAS.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State, in coordination with the Director of National Intelligence,
shall jointly submit to the specified congressional committees a report
on the threats posed to the United States from ungoverned areas,
including the threats to the United States from terrorist groups and
individuals located in such areas who direct their activities against
the national security interests of the United States and its allies.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description of those areas the United States Government
considers ungoverned, including--
(A) a description of the geo-political and cultural
influences exerted within such areas and by whom;
(B) a description of the economic conditions and prospects
and the major social dynamics of such areas; and
(C) a description of the United States Government's
relationships with entities located in such areas, including
with relevant national or other governments and relevant tribal
or other groups.
(2) A description of the capabilities required by the United
States Government to support United States policy aimed at managing
the threats described in subsection (a), including, specifically,
the technical, linguistic, and analytical capabilities required by
the Department of Defense and the Department of State.
(3) An assessment of the extent to which the Department of
Defense and the Department of State possess the capabilities
described in paragraph (2) as well as the necessary resources and
organization to support United States policy aimed at managing the
threats described in subsection (a).
(4) A description of the extent to which the implementation of
Department of Defense Directive 3000.05, entitled ``Military
Support for Stability, Security, Transition, and Reconstruction
Operations'', will support United States policy for managing such
threats.
(5) A description of the actions, if any, to be taken to
improve the capabilities of the Department of Defense and the
Department of State described in paragraph (2), and the schedule
for implementing any actions so described.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, to the maximum extent practicable, but
may contain a classified annex, if necessary.
(d) Definition.--In this section, the term ``specified
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.

(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501(b)
of the National Defense Authorization Act for Fiscal Year 1997 (50
U.S.C. 2362 note), as amended by section 1303 of this Act.
(b) Fiscal Year 2008 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2008 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $428,048,000 authorized
to be appropriated to the Department of Defense for fiscal year 2008 in
section 301(19) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$92,885,000.
(2) For nuclear weapons storage security in Russia,
$47,640,000.
(3) For nuclear weapons transportation security in Russia,
$37,700,000.
(4) For weapons of mass destruction proliferation prevention in
the states of the former Soviet Union, $47,986,000.
(5) For biological weapons proliferation prevention in the
former Soviet Union, $158,489,000.
(6) For chemical weapons destruction, $6,000,000.
(7) For defense and military contacts, $8,000,000.
(8) For new Cooperative Threat Reduction initiatives that are
outside the former Soviet Union, $10,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $19,348,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2008 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (9) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2008 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in which
the Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2008 for a purpose listed in
paragraphs (1) through (9) of subsection (a) in excess of the
specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (9) of subsection (a) in
excess of the specific amount authorized for such purpose may be
made using the authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.

SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS IN
STATES OUTSIDE THE FORMER SOVIET UNION.

Section 1501 of the National Defense Authorization Act for Fiscal
Year 1997 (50 U.S.C. 2362 note) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)''; and
(2) by adding at the end the following new subsection:
``(c) Specified Programs With Respect to States Outside the Former
Soviet Union.--The programs referred to in subsection (a) are the
following programs with respect to states that are not states of the
former Soviet Union:
``(1) Programs to facilitate the elimination, and the safe and
secure transportation and storage, of chemical or biological
weapons, weapons components, weapons-related materials, and their
delivery vehicles.
``(2) Programs to facilitate safe and secure transportation and
storage of nuclear weapons, weapons components, and their delivery
vehicles.
``(3) Programs to prevent the proliferation of nuclear and
chemical weapons, weapons components, and weapons-related military
technology and expertise.
``(4) Programs to prevent the proliferation of biological
weapons, weapons components, and weapons-related military
technology and expertise, which may include activities that
facilitate detection and reporting of highly pathogenic diseases or
other diseases that are associated with or that could be utilized
as an early warning mechanism for disease outbreaks that could
impact the Armed Forces of the United States or allies of the
United States.
``(5) Programs to expand military-to-military and defense
contacts.''.

SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF THE FORMER
SOVIET UNION FOR COOPERATIVE THREAT REDUCTION.

(a) In General.--
(1) Soviet nuclear threat reduction act of 1991.--The Soviet
Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-
228; 22 U.S.C. 2551 note) is amended--
(A) by striking section 211; and
(B) in section 212, by striking ``, consistent with the
findings stated in section 211,''.
(2) Cooperative threat reduction act of 1993.--Section 1203 of
the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952) is
amended by striking subsection (d).
(3) Russian chemical weapons destruction facilities.--Section
1305 of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 22 U.S.C. 5952 note) is repealed.
(4) Conforming repeal.--Section 1303 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 22 U.S.C. 5952 note) is repealed.
(b) Inapplicability of Other Restrictions.--Section 502 of the
Freedom for Russia and Emerging Eurasian Democracies and Open Markets
Support Act of 1992 (22 U.S.C. 5852) shall not apply to any Cooperative
Threat Reduction program.

SEC. 1305. MODIFICATION OF AUTHORITY TO USE COOPERATIVE THREAT
REDUCTION FUNDS OUTSIDE THE FORMER SOVIET UNION.

Section 1308 of the National Defense Authorization Act for Fiscal
Year 2004 (22 U.S.C. 5963) is amended--
(1) in subsection (a), by striking ``Subject to'' and all that
follows through ``the following:'' and inserting ``Subject to the
provisions of this section, the Secretary of Defense may obligate
and expend Cooperative Threat Reduction funds for a fiscal year,
and any Cooperative Threat Reduction funds for a fiscal year before
such fiscal year that remain available for obligation, for a
proliferation threat reduction project or activity outside the
states of the former Soviet Union if the Secretary of Defense, with
the concurrence of the Secretary of State, determines each of the
following:'';
(2) by striking subsection (c) and redesignating subsections
(d) and (e) as (c) and (d), respectively; and
(3) by amending subsection (c) (as so redesignated) to read as
follows:
``(c) Limitation on Availability of Funds.--
``(1) The Secretary of Defense may not obligate funds for a
project or activity under the authority in subsection (a) of this
section until the Secretary of Defense, with the concurrence of the
Secretary of State, makes each determination specified in that
subsection with respect to such project or activity.
``(2) Not later than 10 days after obligating funds under the
authority in subsection (a) of this section for a project or
activity, the Secretary of Defense and the Secretary of State shall
notify Congress in writing of the determinations made under
paragraph (1) with respect to such project or activity, together
with--
``(A) a justification for such determinations; and
``(B) a description of the scope and duration of such
project or activity.''.

SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE THREAT REDUCTION
PROGRAM.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense Cooperative Threat Reduction
(CTR) Program should be strengthened and expanded, in part by
developing new CTR initiatives;
(2) such new initiatives should--
(A) be well-coordinated with the Department of Energy, the
Department of State, and any other relevant United States
Government agency or department;
(B) include appropriate transparency and accountability
mechanisms, and legal frameworks and agreements between the
United States and CTR partner countries;
(C) reflect engagement with non-governmental experts on
possible new options for the CTR Program;
(D) include work with the Russian Federation and other
countries to establish strong CTR partnerships that, among
other things--
(i) increase the role of scientists and government
officials of CTR partner countries in designing CTR
programs and projects; and
(ii) increase financial contributions and additional
commitments to CTR programs and projects from Russia and
other partner countries, as appropriate, as evidence that
the programs and projects reflect national priorities and
will be sustainable;
(E) include broader international cooperation and
partnerships, and increased international contributions;
(F) incorporate a strong focus on national programs and
sustainability, which includes actions to address concerns
raised and recommendations made by the Government
Accountability Office, in its report of February 2007 titled
``Progress Made in Improving Security at Russian Nuclear Sites,
but the Long-Term Sustainability of U.S. Funded Security
Upgrades is Uncertain'', which pertain to the Department of
Defense;
(G) continue to focus on the development of CTR programs
and projects that secure nuclear weapons; secure and eliminate
chemical and biological weapons and weapons-related materials;
and eliminate nuclear, chemical, and biological weapons-related
delivery vehicles and infrastructure at the source; and
(H) include efforts to develop new CTR programs and
projects in Russia and the former Soviet Union, and in
countries and regions outside the former Soviet Union, as
appropriate and in the interest of United States national
security; and
(3) such new initiatives could include--
(A) programs and projects in Asia and the Middle East; and
(B) activities relating to the denuclearization of the
Democratic People's Republic of Korea.
(b) National Academy of Sciences Study.--
(1) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into an
arrangement with the National Academy of Sciences under which the
Academy shall carry out a study to analyze options for
strengthening and expanding the CTR Program.
(2) Matters to be included in study.--The Secretary shall
provide for the study under paragraph (1) to include--
(A) an assessment of new CTR initiatives described in
subsection (a); and
(B) an identification of options and recommendations for
strengthening and expanding the CTR Program.
(3) Submission of national academy of sciences report.--The
National Academy of Sciences shall submit to Congress a report on
the study under this subsection at the same time that such report
is submitted to the Secretary of Defense pursuant to subsection
(c).
(c) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after receipt of the
report under subsection (b), the Secretary of Defense shall submit
to Congress a report on new CTR initiatives. The report shall
include--
(A) a summary of the results of the study carried out under
subsection (b);
(B) an assessment by the Secretary of the study; and
(C) a statement of the actions, if any, to be undertaken by
the Secretary to implement any recommendations in the study.
(2) Form.--The report shall be in unclassified form but may
include a classified annex if necessary.
(d) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise made
available for Cooperative Threat Reduction programs for fiscal year
2008, not more than $1,000,000 shall be obligated or expended to carry
out this section.

SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DESTRUCTION AT
SHCHUCH'YE, RUSSIA.

(a) Definition.--In this section, the terms ``Shchuch'ye project''
and ``project'' mean the Cooperative Threat Reduction Program chemical
weapons destruction project located in the area of Shchuch'ye in the
Russian Federation.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the Shchuch'ye project.
The report shall include--
(1) a current and detailed cost estimate for completion of the
project, to include costs that will be borne by the United States
and Russia, respectively; and
(2) a specific strategic and operating plan for completion of
the project, which includes--
(A) the Department's plans to ensure robust project
management and oversight, including management and oversight
with respect to the performance of any contractors;
(B) project quality assurance and sustainability measures;
(C) metrics for measuring project progress with a timetable
for achieving goals, including initial systems integration and
start-up testing; and
(D) a projected project completion date.

SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF
PROLIFERATION OF BIOLOGICAL WEAPONS.

(a) Study Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into an
arrangement with the National Academy of Sciences under which the
Academy shall carry out a study to identify areas for cooperation with
states other than states of the former Soviet Union under the
Cooperative Threat Reduction Program of the Department of Defense in
the prevention of proliferation of biological weapons.
(b) Matters To Be Included in Study.--The Secretary shall provide
for the study under subsection (a) to include the following:
(1) An assessment of the capabilities and capacity of
governments of developing countries to control the containment and
use of dual-use technologies of potential interest to terrorist
organizations or individuals with hostile intentions.
(2) An assessment of the approaches to cooperative threat
reduction used by the states of the former Soviet Union that are of
special relevance in preventing the proliferation of biological
weapons in other areas of the world.
(3) A brief review of programs of the United States Government
and other governments, international organizations, foundations,
and other private sector entities that may contribute to the
prevention of the proliferation of biological weapons.
(4) Recommendations on steps for integrating activities of the
Cooperative Threat Reduction Program relating to biological weapons
proliferation prevention with activities of other departments and
agencies of the United States, as appropriate, in states outside of
the former Soviet Union.
(c) Submission of National Academy of Sciences Report.--The
National Academy of Sciences shall submit to Congress a report on the
study under subsection (a) at the same time that such report is
submitted to the Secretary of Defense pursuant to subsection (d).
(d) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after receipt of the
report required by subsection (a), the Secretary shall submit to
the Congress a report on the study carried out under subsection
(a).
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) A summary of the results of the study carried out under
subsection (a).
(B) An assessment by the Secretary of the study.
(C) A statement of the actions, if any, to be undertaken by
the Secretary to implement any recommendations in the study.
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(e) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or otherwise made
available for Cooperative Threat Reduction programs for fiscal year
2008, not more than $1,000,000 may be obligated or expended to carry
out this section.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Subtitle B--National Defense Stockpile

Subtitle C--Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1422. Administration and oversight of the Armed Forces Retirement
Home.

Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $102,446,000.
(2) For the Defense Working Capital Fund, Defense Commissary,
$1,250,300,000.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for fiscal year 2008
for the National Defense Sealift Fund in the amount of $1,349,094,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2008 for expenses, not otherwise provided
for, for the Defense Health Program, in the amount of $23,080,384,000,
of which--
(1) $22,583,641,000 is for Operation and Maintenance;
(2) $134,482,000 is for Research, Development, Test, and
Evaluation; and
(3) $362,261,000 is for Procurement.

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2008
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, in the amount of $1,512,724,000, of
which--
(1) $1,181,500,000 is for Operation and Maintenance;
(2) $312,800,000 is for Research, Development, Test, and
Evaluation; and
(3) $18,424,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United
States that is not covered by section 1412 of such Act.

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2008 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
in the amount of $938,022,000.

SEC. 1406. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2008 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, in the amount of $225,995,000, of which--
(1) $224,995,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.

Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

(a) Obligation of Stockpile Funds.--During fiscal year 2008, the
National Defense Stockpile Manager may obligate up to $44,825,000 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section, including
the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.

SEC. 1412. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.

(a) Fiscal Year 2000 Disposal Authority.--Section 3402(b) of the
National Defense Authorization Act for Fiscal Year 2000 (50 U.S.C. 98d
note), as amended by section 3302 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1788) and
section 3302 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3545), is amended by striking
``$600,000,000 before'' in paragraph (5) and inserting ``$710,000,000
by''.
(b) Fiscal Year 1999 Disposal Authority.--Section 3303(a) of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 50 U.S.C. 98d note), as amended by section 3302 of
the Ronald W. Reagan National Defense Authorization Act for Year 2005
(Public Law 108-375; 118 Stat. 2193), section 3302 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3545), and section 3302(a) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2513), is amended by striking ``$1,016,000,000 by the end of fiscal
year 2014'' in paragraph (7) and inserting ``$1,066,000,000 by the end
of fiscal year 2015''.

SEC. 1413. DISPOSAL OF FERROMANGANESE.

(a) Disposal Authorized.--The Secretary of Defense may dispose of
up to 50,000 tons of ferromanganese from the National Defense Stockpile
during fiscal year 2008.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense enters into a
contract for the disposal of the total quantity of ferromanganese
authorized for disposal by subsection (a) before September 30,
2008, the Secretary of Defense may dispose of up to an additional
25,000 tons of ferromanganese from the National Defense Stockpile
before that date.
(2) Additional amounts.--If the Secretary enters into a
contract for the disposal of the total quantity of additional
ferromanganese authorized for disposal by paragraph (1) before
September 30, 2008, the Secretary may dispose of up to an
additional 25,000 tons of ferromanganese from the National Defense
Stockpile before that date.
(c) Certification.--The Secretary of Defense may dispose of
ferromanganese under the authority of paragraph (1) or (2) of
subsection (b) only if the Secretary submits to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives, written certification that--
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile under such paragraph is in the interest
of national defense;
(2) the disposal of the additional ferromanganese under such
paragraph will not cause disruption to the usual markets of
producers and processors of ferromanganese in the United States;
and
(3) the disposal of the additional ferromanganese under such
paragraph is consistent with the requirements and purpose of the
National Defense Stockpile.
(d) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).

SEC. 1414. DISPOSAL OF CHROME METAL.

(a) Disposal Authorized.--The Secretary of Defense may dispose of
up to 500 short tons of chrome metal from the National Defense
Stockpile during fiscal year 2008.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense completes the
disposal of the total quantity of chrome metal authorized for
disposal by subsection (a) before September 30, 2008, the Secretary
of Defense may dispose of up to an additional 250 short tons of
chrome metal from the National Defense Stockpile before that date.
(2) Additional amounts.--If the Secretary completes the
disposal of the total quantity of additional chrome metal
authorized for disposal by paragraph (1) before September 30, 2008,
the Secretary may dispose of up to an additional 250 short tons of
chrome metal from the National Defense Stockpile before that date.
(c) Certification.--The Secretary of Defense may dispose of chrome
metal under the authority of paragraph (1) or (2) of subsection (b)
only if the Secretary submits to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives, not later than 30 days before the commencement of
disposal under the applicable paragraph, written certification that--
(1) the disposal of the additional chrome metal from the
National Defense Stockpile is in the interest of national defense;
(2) the disposal of the additional chrome metal will not cause
disruption to the usual markets of producers and processors of
chrome metal in the United States; and
(3) the disposal of the additional chrome metal is consistent
with the requirements and purpose of the National Defense
Stockpile.
(d) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).

Subtitle C--Armed Forces Retirement Home

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.

There is authorized to be appropriated for fiscal year 2008 from
the Armed Forces Retirement Home Trust Fund the sum of $61,624,000 for
the operation of the Armed Forces Retirement Home.

SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES RETIREMENT
HOME.

(a) Role of Secretary of Defense.--Section 1511 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 411) is amended--
(1) in subsection (d), by adding at the end the following new
paragraph:
``(3) The administration of the Retirement Home (including
administration for the provision of health care and medical care for
residents) shall remain under the direct authority, control, and
administration of the Secretary of Defense.''; and
(2) in subsection (h), by adding at the end the following new
sentence: ``The annual report shall include an assessment of all
aspects of each facility of the Retirement Home, including the
quality of care at the facility.''.
(b) Accreditation.--Subsection (g) of section 1511 of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 411) is amended to read
as follows:
``(g) Accreditation.--The Chief Operating Officer shall secure and
maintain accreditation by a nationally recognized civilian accrediting
organization for each aspect of each facility of the Retirement Home,
including medical and dental care, pharmacy, independent living, and
assisted living and nursing care.''.
(c) Spectrum of Care.--Section 1513(b) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 413(b)) is amended by inserting
after the first sentence the following new sentence: ``The services
provided residents of the Retirement Home shall include appropriate
nonacute medical and dental services, pharmaceutical services, and
transportation of residents, which shall be provided at no cost to
residents.''.
(d) Senior Medical Advisor for Retirement Home.--
(1) Designation and duties of senior medical advisor.--The
Armed Forces Retirement Home Act of 1991 is amended by inserting
after section 1513 (24 U.S.C. 413) the following new section:
``SEC. 1513A. IMPROVED HEALTH CARE OVERSIGHT OF RETIREMENT HOME.
``(a) Designation of Senior Medical Advisor.--(1) The Secretary of
Defense shall designate the Deputy Director of the TRICARE Management
Activity to serve as the Senior Medical Advisor for the Retirement
Home.
``(2) The Deputy Director of the TRICARE Management Activity shall
serve as Senior Medical Advisor for the Retirement Home in addition to
performing all other duties and responsibilities assigned to the Deputy
Director of the TRICARE Management Activity at the time of the
designation under paragraph (1) or afterward.
``(b) Responsibilities.--(1) The Senior Medical Advisor shall
provide advice to the Secretary of Defense, the Under Secretary of
Defense for Personnel and Readiness, and the Chief Operating Officer
regarding the direction and oversight of the provision of medical,
preventive mental health, and dental care services at each facility of
the Retirement Home.
``(2) The Senior Medical Advisor shall also provide advice to the
Local Board for a facility of the Retirement Home regarding all medical
and medical administrative matters of the facility.
``(c) Duties.--In carrying out the responsibilities set forth in
subsection (b), the Senior Medical Advisor shall perform the following
duties:
``(1) Ensure the timely availability to residents of the
Retirement Home, at locations other than the Retirement Home, of
such acute medical, mental health, and dental care as such resident
may require that is not available at the applicable facility of the
Retirement Home.
``(2) Ensure compliance by the facilities of the Retirement
Home with accreditation standards, applicable health care standards
of the Department of Veterans Affairs, or any other applicable
health care standards and requirements (including requirements
identified in applicable reports of the Inspector General of the
Department of Defense).
``(3) Periodically visit and inspect the medical facilities and
medical operations of each facility of the Retirement Home.
``(4) Periodically examine and audit the medical records and
administration of the Retirement Home.
``(5) Consult with the Local Board for each facility of the
Retirement Home not less frequently than once each year.
``(d) Advisory Bodies.--In carrying out the responsibilities set
forth in subsection (b) and the duties set forth in subsection (c), the
Senior Medical Advisor may establish and seek the advice of such
advisory bodies as the Senior Medical Advisor considers appropriate.''.
(2) Clerical amendment.--The table of contents in section
1501(b) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
401 note) is amended by inserting after the item relating to
section 1513 the following new item:

``1513A. Improved health care oversight of Retirement Home.''.

(e) Local Boards of Trustees.--
(1) Duties.--Subsection (b) of section 1516 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 416) is amended to read as
follows:
``(b) Duties.--(1) The Local Board for a facility shall serve in an
advisory capacity to the Director of the facility and to the Chief
Operating Officer.
``(2) The Local Board for a facility shall provide to the Chief
Operating Officer and the Director of the facility such guidance and
recommendations on the administration of the facility as the Local
Board considers appropriate.
``(3) Not less often than annually, the Local Board for a facility
shall provide to the Under Secretary of Defense for Personnel and
Readiness an assessment of all aspects of the facility, including the
quality of care at the facility.''.
(2) Composition.--Subparagraph (K) of subsection (c) of such
section is amended to read as follows:
``(K) One senior representative of one of the chief personnel
officers of the Armed Forces, who shall be a commissioned officer
of the Armed Forces serving on active duty in the grade of
brigadier general, or in the case of the Navy or Coast Guard, rear
admiral (lower half).''.
(f) Inspection of Retirement Home.--Section 1518 of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 418) is amended to read
as follows:

``SEC. 1518. INSPECTION OF RETIREMENT HOME.

``(a) Duty of Inspector General of the Department of Defense.--The
Inspector General of the Department of Defense shall have the duty to
inspect the Retirement Home.
``(b) Inspections by Inspector General.--(1) In any year in which a
facility of the Retirement Home is not inspected by a nationally
recognized civilian accrediting organization, the Inspector General of
the Department of Defense shall perform a comprehensive inspection of
all aspects of that facility, including independent living, assisted
living, medical and dental care, pharmacy, financial and contracting
records, and any aspect of either facility on which the Local Board for
the facility or the resident advisory committee or council of the
facility recommends inspection.
``(2) The Inspector General shall be assisted in inspections under
this subsection by a medical inspector general of a military department
designated for purposes of this subsection by the Secretary of Defense.
``(3) In conducting the inspection of a facility of the Retirement
Home under this subsection, the Inspector General shall solicit
concerns, observations, and recommendations from the Local Board for
the facility, the resident advisory committee or council of the
facility, and the residents of the facility. Any concerns,
observations, and recommendations solicited from residents shall be
solicited on a not-for-attribution basis.
``(4) The Chief Operating Officer and the Director of each facility
of the Retirement Home shall make all staff, other personnel, and
records of each facility available to the Inspector General in a timely
manner for purposes of inspections under this subsection.
``(c) Reports on Inspections by Inspector General.--(1) The
Inspector General shall prepare a report describing the results of each
inspection conducted of a facility of the Retirement Home under
subsection (b), and include in the report such recommendations as the
Inspector General considers appropriate in light of the inspection. Not
later than 45 days after completing the inspection of the facility, the
Inspector General shall submit the report to Congress and the Secretary
of Defense, the Under Secretary of Defense for Personnel and Readiness,
the Chief Operating Officer, the Director of the facility, the Senior
Medical Advisor, and the Local Board for the facility.
``(2) Not later than 45 days after receiving a report of the
Inspector General under paragraph (1), the Director of the facility
concerned shall submit to the Secretary of Defense, the Under Secretary
of Defense for Personnel and Readiness, the Chief Operating Officer,
and the Local Board for the facility, and to Congress, a plan to
address the recommendations and other matters set forth in the report.
``(d) Additional Inspections.--(1) The Chief Operating Officer
shall request the inspection of each facility of the Retirement Home by
a nationally recognized civilian accrediting organization in accordance
with section 1511(g).
``(2) The Chief Operating Officer and the Director of a facility
being inspected under this subsection shall make all staff, other
personnel, and records of the facility available to the civilian
accrediting organization in a timely manner for purposes of inspections
under this subsection.
``(e) Reports on Additional Inspections.--(1) Not later than 45
days after receiving a report of an inspection from the civilian
accrediting organization under subsection (d), the Director of the
facility concerned shall submit to the Under Secretary of Defense for
Personnel and Readiness, the Chief Operating Officer, and the Local
Board for the facility a report containing--
``(A) the results of the inspection; and
``(B) a plan to address any recommendations and other matters
set forth in the report.
``(2) Not later than 45 days after receiving a report and plan
under paragraph (1), the Secretary of Defense shall submit the report
and plan to Congress.''.
(g) Armed Forces Retirement Home Trust Fund.--Section 1519 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 419) is amended by
adding at the end the following new subsection:
``(d) Reporting Requirements.--The Chief Financial Officer of the
Armed Forces Retirement Home shall comply with the reporting
requirements of subchapter II of chapter 35 of title 31, United States
Code.''.

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

SEC. 1501. PURPOSE.

The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2008 to provide additional funds
for Operation Iraqi Freedom and Operation Enduring Freedom.

SEC. 1502. ARMY PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2008
for procurement accounts for the Army in amounts as follows:
(1) For aircraft procurement, $2,086,864,000.
(2) For ammunition procurement, $513,600,000.
(3) For weapons and tracked combat vehicles procurement,
$7,289,697,000.
(4) For missile procurement, $641,764,000.
(5) For other procurement, $32,478,568,000.

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2008 for procurement accounts for the Navy in amounts as
follows:
(1) For aircraft procurement, $3,908,458,000.
(2) For weapons procurement, $318,281,000.
(3) For other procurement, $1,870,597,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2008 for the procurement account for the Marine Corps
in the amount of $5,519,740,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2008 for the procurement account for
ammunition for the Navy and the Marine Corps in the amount of
$609,890,000.

SEC. 1504. AIR FORCE PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2008
for procurement accounts for the Air Force in amounts as follows:
(1) For aircraft procurement, $5,828,239,000.
(2) For ammunition procurement, $104,405,000.
(3) For missile procurement, $1,800,000.
(4) For other procurement, $4,528,126,000.

SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) Authorization of Appropriations.--Funds are hereby authorized
for fiscal year 2008 for the Joint Improvised Explosive Device Defeat
Fund in the amount of $4,541,000,000.
(b) Use and Transfer of Funds.--Subsections (b) and (c) of section
1514 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2439) shall apply to the funds
appropriated pursuant to the authorization of appropriations in
subsection (a).
(c) Revision of Management Plan.--The Secretary of Defense shall
revise the management plan required by section 1514(d) of the John
Warner National Defense Authorization Act for Fiscal Year 2007 to
identify projected transfers and obligations through September 30,
2008.
(d) Duration of Authority.--Section 1514(f) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 is amended by
striking ``September 30, 2009'' and inserting ``September 30, 2010''.

SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year 2008
for the procurement account for Defense-wide activities in the amount
of $768,157,000.

SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $183,299,000.
(2) For the Navy, $695,996,000.
(3) For the Air Force, $1,457,710,000.
(4) For Defense-wide activities, $1,320,088,000.

SEC. 1508. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $54,929,551,000.
(2) For the Navy, $6,249,793,000.
(3) For the Marine Corps, $4,674,688,000.
(4) For the Air Force, $10,798,473,000.
(5) For Defense-wide activities, $6,424,085,000.
(6) For the Army Reserve, $196,694,000.
(7) For the Navy Reserve, $83,407,000.
(8) For the Marine Corps Reserve, $68,193,000.
(9) For the Army National Guard, $757,008,000.
(10) For the Air Force Reserve, $24,266,000.
(11) For the Air National Guard, $103,267,000.

SEC. 1509. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2008
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $1,957,675,000.
(2) For the National Defense Sealift Fund, $5,110,000.

SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2008 for
expenses, not otherwise provided for, for the Defense Health Program in
the amount of $1,137,442,000 for operation and maintenance.
(b) Drug Interdiction and Counter-Drug Activities, Defense-Wide.--
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2008 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide in the
amount of $257,618,000.
(c) Defense Inspector General.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2008 for
expenses, not otherwise provided for, for the Office of the Inspector
General of the Department of Defense in the amount of $4,394,000 for
operation and maintenance.

SEC. 1511. IRAQ FREEDOM FUND.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2008 for the Iraq Freedom Fund in the amount of
$207,500,000.
(b) Transfer.--
(1) Transfer authorized.--Subject to paragraph (2), amounts
authorized to be appropriated by subsection (a) may be transferred
from the Iraq Freedom Fund to any accounts as follows:
(A) Operation and maintenance accounts of the Armed Forces.
(B) Military personnel accounts.
(C) Research, development, test, and evaluation accounts of
the Department of Defense.
(D) Procurement accounts of the Department of Defense.
(E) Accounts providing funding for classified programs.
(F) The operating expenses account of the Coast Guard.
(2) Notice to congress.--A transfer may not be made under the
authority in paragraph (1) until five days after the date on which
the Secretary of Defense notifies the congressional defense
committees in writing of the transfer.
(3) Treatment of transferred funds.--Amounts transferred to an
account under the authority in paragraph (1) shall be merged with
amounts in such account and shall be made available for the same
purposes, and subject to the same conditions and limitations, as
amounts in such account.
(4) Effect on authorization amounts.--A transfer of an amount
to an account under the authority in paragraph (1) shall be deemed
to increase the amount authorized for such account by an amount
equal to the amount transferred.

SEC. 1512. IRAQ SECURITY FORCES FUND.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2008 for the Iraq Security Forces
Fund in the amount of $3,000,000,000.
(b) Use of Funds.--
(1) In general.--Funds 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 authorized.--Assistance 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 concurrence.--Assistance may be provided
under this section only with the concurrence of the Secretary of
State.
(c) Authority in Addition to Other Authorities.--The authority to
provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2), amounts
authorized to be appropriated by subsection (a) may be transferred
from the Iraq Security Forces Fund to any of the following accounts
and funds of the Department of Defense to accomplish the purposes
provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid account.
(2) Additional authority.--The transfer authority provided by
paragraph (1) is in addition to any other transfer authority
available to the Department of Defense.
(3) Transfers back to the fund.--Upon determination that all or
part of the funds transferred from the Iraq Security Forces Fund
under paragraph (1) are not necessary for the purpose provided,
such funds may be transferred back to the Iraq Security Forces
Fund.
(4) Effect on authorization amounts.--A transfer of an amount
to an account under the authority in paragraph (1) shall be deemed
to increase the amount authorized for such account by an amount
equal to the amount transferred.
(e) Notice to Congress.--Funds may not be obligated from the Iraq
Security Forces Fund, or transferred under the authority provided in
subsection (d)(1), until five days after the date on which the
Secretary of Defense notifies the congressional defense committees in
writing of the details of the proposed obligation or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to paragraph
(2), the Secretary of Defense may accept contributions of amounts
to the Iraq Security Forces Fund for the purposes provided in
subsection (b) from any person, foreign government, or
international organization. Any amounts so accepted shall be
credited to the Iraq Security Forces Fund.
(2) Limitation.--The Secretary may not accept a contribution
under this subsection if the acceptance of the contribution would
compromise or appear to compromise the integrity of any program of
the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (b), including
transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the congressional
defense committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives, in writing, upon the acceptance, and upon the
transfer under subsection (d), of any contribution under this
subsection. Such notice shall specify the source and amount of any
amount so accepted and the use of any amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the end of
each fiscal-year quarter, the Secretary of Defense shall submit to the
congressional defense committees a report summarizing the details of
any obligation or transfer of funds from the Iraq Security Forces Fund
during such fiscal-year quarter.
(h) Duration of Authority.--Amounts authorized to be appropriated
or contributed to the Iraq Security Forces Fund during fiscal year 2008
are available for obligation or transfer from the Iraq Security Forces
Fund in accordance with this section until September 30, 2009.

SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2008 for the Afghanistan Security
Forces Fund in the amount of $2,700,000,000.
(b) Use of Funds.--
(1) In general.--Funds authorized to be appropriated by
subsection (a) shall be available to the Secretary of Defense to
provide assistance to the security forces of Afghanistan.
(2) Types of assistance authorized.--Assistance provided under
this section may include the provision of equipment, supplies,
services, training, facility and infrastructure repair, renovation,
construction, and funds.
(3) Secretary of state concurrence.--Assistance may be provided
under this section only with the concurrence of the Secretary of
State.
(c) Authority in Addition to Other Authorities.--The authority to
provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2), amounts
authorized to be appropriated by subsection (a) may be transferred
from the Afghanistan Security Forces Fund to any of the following
accounts and funds of the Department of Defense to accomplish the
purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid.
(2) Additional authority.--The transfer authority provided by
paragraph (1) is in addition to any other transfer authority
available to the Department of Defense.
(3) Transfers back to fund.--Upon a determination that all or
part of the funds transferred from the Afghanistan Security Forces
Fund under paragraph (1) are not necessary for the purpose for
which transferred, such funds may be transferred back to the
Afghanistan Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an amount
to an account under the authority in paragraph (1) shall be deemed
to increase the amount authorized for such account by an amount
equal to the amount transferred.
(e) Prior Notice to Congress of Obligation or Transfer.--Funds may
not be obligated from the Afghanistan Security Forces Fund, or
transferred under subsection (d)(1), until five days after the date on
which the Secretary of Defense notifies the congressional defense
committees in writing of the details of the proposed obligation or
transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to paragraph
(2), the Secretary of Defense may accept contributions of amounts
to the Afghanistan Security Forces Fund for the purposes provided
in subsection (b) from any person, foreign government, or
international organization. Any amounts so accepted shall be
credited to the Afghanistan Security Forces Fund.
(2) Limitation.--The Secretary may not accept a contribution
under this subsection if the acceptance of the contribution would
compromise or appear to compromise the integrity of any program of
the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (b), including
transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the congressional
defense committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives, in writing, upon the acceptance, and upon the
transfer under subsection (d), of any contribution under this
subsection. Such notice shall specify the source and amount of any
amount so accepted and the use of any amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the end of
each fiscal-year quarter, the Secretary of Defense shall submit to the
congressional defense committees a report summarizing the details of
any obligation or transfer of funds from the Afghanistan Security
Forces Fund during such fiscal-year quarter.
(h) Duration of Authority.--Amounts authorized to be appropriated
or contributed to the Afghanistan Security Forces Fund during fiscal
year 2008 are available for obligation or transfer from the Afghanistan
Security Forces Fund in accordance with this section until September
30, 2009.

SEC. 1514. MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the Department of
Defense for military personnel accounts for fiscal year 2008 a total of
$17,912,510,000.

SEC. 1515. STRATEGIC READINESS FUND.

There is authorized to be appropriated $1,000,000,000 to the
Strategic Readiness Fund.

SEC. 1516. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.

SEC. 1517. SPECIAL TRANSFER AUTHORITY.

TITLE XVI--WOUNDED WARRIOR MATTERS

Sec. 1601. Short title.
Sec. 1602. General definitions.
Sec. 1603. Consideration of gender-specific needs of recovering service
members and veterans.

Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members

Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries

Subtitle C--Health Care Matters

Subtitle D--Disability Matters

Subtitle E--Studies and Reports

Subtitle F--Other Matters

SEC. 1601. SHORT TITLE.

This title may be cited as the ``Wounded Warrior Act''.

SEC. 1602. GENERAL DEFINITIONS.

In this title:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committees on Armed Services, Veterans' Affairs,
and Appropriations of the Senate; and
(B) the Committees on Armed Services, Veterans' Affairs,
and Appropriations of the House of Representatives.
(2) Benefits delivery at discharge program.--The term
``Benefits Delivery at Discharge Program'' means a program
administered jointly by the Secretary of Defense and the Secretary
of Veterans Affairs to provide information and assistance on
available benefits and other transition assistance to members of
the Armed Forces who are separating from the Armed Forces,
including assistance to obtain any disability benefits for which
such members may be eligible.
(3) Disability evaluation system.--The term ``Disability
Evaluation System'' means the following:
(A) A system or process of the Department of Defense for
evaluating the nature and extent of disabilities affecting
members of the Armed Forces that is operated by the Secretaries
of the military departments and is comprised of medical
evaluation boards, physical evaluation boards, counseling of
members, and mechanisms for the final disposition of disability
evaluations by appropriate personnel.
(B) A system or process of the Coast Guard for evaluating
the nature and extent of disabilities affecting members of the
Coast Guard that is operated by the Secretary of Homeland
Security and is similar to the system or process of the
Department of Defense described in subparagraph (A).
(4) Eligible family member.--The term ``eligible family
member'', with respect to a recovering service member, means a
family member (as defined in section 411 h(b) of title 37, United
States Code) who is on invitational travel orders or serving as a
non-medical attendee while caring for the recovering service member
for more than 45 days during a one-year period.
(5) Medical care.--The term ``medical care'' includes mental
health care.
(6) Outpatient status.--The term ``outpatient status'', with
respect to a recovering service member, means the status of a
recovering service member assigned to--
(A) a military medical treatment facility as an outpatient;
or
(B) a unit established for the purpose of providing command
and control of members of the Armed Forces receiving medical
care as outpatients.
(7) Recovering service member.--The term ``recovering service
member'' means a member of the Armed Forces, including a member of
the National Guard or a Reserve, who is undergoing medical
treatment, recuperation, or therapy and is in an outpatient status
while recovering from a serious injury or illness related to the
member's military service.
(8) Serious injury or illness.--The term ``serious injury or
illness'', in the case of a member of the Armed Forces, means an
injury or illness incurred by the member in line of duty on active
duty in the Armed Forces that may render the member medically unfit
to perform the duties of the member's office, grade, rank, or
rating.
(9) TRICARE program.--The term ``TRICARE program'' has the
meaning given that term in section 1072(7) of title 10, United
States Code.

SEC. 1603. CONSIDERATION OF GENDER-SPECIFIC NEEDS OF RECOVERING SERVICE
MEMBERS AND VETERANS.

(a) In General.--In developing and implementing the policy required
by section 1611(a), and in otherwise carrying out any other provision
of this title or any amendment made by this title, the Secretary of
Defense and the Secretary of Veterans Affairs shall take into account
and fully address any unique gender-specific needs of recovering
service members and veterans under such policy or other provision.
(b) Reports.--In submitting any report required by this title or an
amendment made by this title, the Secretary of Defense and the
Secretary of Veterans Affairs shall, to the extent applicable, include
a description of the manner in which the matters covered by such report
address the unique gender-specific needs of recovering service members
and veterans.

Subtitle A--Policy on Improvements to Care, Management, and Transition
of Recovering Service Members

SEC. 1611. COMPREHENSIVE POLICY ON IMPROVEMENTS TO CARE, MANAGEMENT,
AND TRANSITION OF RECOVERING SERVICE MEMBERS.

(a) Comprehensive Policy Required.--
(1) In general.--Not later than July 1, 2008, the Secretary of
Defense and the Secretary of Veterans Affairs shall, to the extent
feasible, jointly develop and implement a comprehensive policy on
improvements to the care, management, and transition of recovering
service members.
(2) Scope of policy.--The policy shall cover each of the
following:
(A) The care and management of recovering service members.
(B) The medical evaluation and disability evaluation of
recovering service members.
(C) The return of service members who have recovered to
active duty when appropriate.
(D) The transition of recovering service members from
receipt of care and services through the Department of Defense
to receipt of care and services through the Department of
Veterans Affairs.
(3) Consultation.--The Secretary of Defense and the Secretary
of Veterans Affairs shall develop the policy in consultation with
the heads of other appropriate departments and agencies of the
Federal Government and with appropriate non-governmental
organizations having an expertise in matters relating to the
policy.
(4) Update.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly update the policy on a periodic
basis, but not less often than annually, in order to incorporate in
the policy, as appropriate, the following:
(A) The results of the reviews required under subsections
(b) and (c).
(B) Best practices identified through pilot programs
carried out under this title.
(C) Improvements to matters under the policy otherwise
identified and agreed upon by the Secretary of Defense and the
Secretary of Veterans Affairs.
(b) Review of Current Policies and Procedures.--
(1) Review required.--In developing the policy required by
subsection (a), the Secretary of Defense and the Secretary of
Veterans Affairs shall, to the extent necessary, jointly and
separately conduct a review of all policies and procedures of the
Department of Defense and the Department of Veterans Affairs that
apply to, or shall be covered by, the policy.
(2) Purpose.--The purpose of the review shall be to identify
the most effective and patient-oriented approaches to care and
management of recovering service members for purposes of--
(A) incorporating such approaches into the policy; and
(B) extending such approaches, where applicable, to the
care and management of other injured or ill members of the
Armed Forces and veterans.
(3) Elements.--In conducting the review, the Secretary of
Defense and the Secretary of Veterans Affairs shall--
(A) identify among the policies and procedures described in
paragraph (1) best practices in approaches to the care and
management of recovering service members;
(B) identify among such policies and procedures existing
and potential shortfalls in the care and management of
recovering service members (including care and management of
recovering service members on the temporary disability retired
list), and determine means of addressing any shortfalls so
identified;
(C) determine potential modifications of such policies and
procedures in order to ensure consistency and uniformity, where
appropriate, in the application of such policies and
procedures--
(i) among the military departments;
(ii) among the Veterans Integrated Services Networks
(VISNs) of the Department of Veterans Affairs; and
(iii) between the military departments and the Veterans
Integrated Services Networks; and
(D) develop recommendations for legislative and
administrative action necessary to implement the results of the
review.
(4) Deadline for completion.--The review shall be completed not
later than 90 days after the date of the enactment of this Act.
(c) Consideration of Existing Findings, Recommendations, and
Practices.--In developing the policy required by subsection (a), the
Secretary of Defense and the Secretary of Veterans Affairs shall take
into account the following:
(1) The findings and recommendations of applicable studies,
reviews, reports, and evaluations that address matters relating to
the policy, including, but not limited, to the following:
(A) The Independent Review Group on Rehabilitative Care and
Administrative Processes at Walter Reed Army Medical Center and
National Naval Medical Center, appointed by the Secretary of
Defense.
(B) The Secretary of Veterans Affairs Task Force on
Returning Global War on Terror Heroes, appointed by the
President.
(C) The President's Commission on Care for America's
Returning Wounded Warriors.
(D) The Veterans' Disability Benefits Commission
established by title XV of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1676;
38 U.S.C. 1101 note).
(E) The President's Task Force to Improve Health Care
Delivery for Our Nation's Veterans, of March 2003.
(F) The Report of the Congressional Commission on
Servicemembers and Veterans Transition Assistance, of 1999,
chaired by Anthony J. Principi.
(G) The President's Commission on Veterans' Pensions, of
1956, chaired by General Omar N. Bradley.
(2) The experience and best practices of the Department of
Defense and the military departments on matters relating to the
policy.
(3) The experience and best practices of the Department of
Veterans Affairs on matters relating to the policy.
(4) Such other matters as the Secretary of Defense and the
Secretary of Veterans Affairs consider appropriate.
(d) Training and Skills of Health Care Professionals, Recovery Care
Coordinators, Medical Care Case Managers, and Non-Medical Care Managers
for Recovering Service Members.--
(1) In general.--The policy required by subsection (a) shall
provide for uniform standards among the military departments for
the training and skills of health care professionals, recovery care
coordinators, medical care case managers, and non-medical care
managers for recovering service members under subsection (e) in
order to ensure that such personnel are able to--
(A) detect early warning signs of post-traumatic stress
disorder (PTSD), suicidal or homicidal thoughts or behaviors,
and other behavioral health concerns among recovering service
members; and
(B) promptly notify appropriate health care professionals
following detection of such signs.
(2) Tracking of notifications.--In providing for uniform
standards under paragraph (1), the policy shall include a mechanism
or system to track the number of notifications made by recovery
care coordinators, medical care case managers, and non-medical care
managers to health care professionals under paragraph (1)(A)
regarding early warning signs of post-traumatic stress disorder and
suicide in recovering service members.
(e) Services for Recovering Service Members.--The policy required
by subsection (a) shall provide for improvements as follows with
respect to the care, management, and transition of recovering service
members:
(1) Comprehensive recovery plan for recovering service
members.--The policy shall provide for uniform standards and
procedures for the development of a comprehensive recovery plan for
each recovering service member that covers the full spectrum of
care, management, transition, and rehabilitation of the service
member during recovery.
(2) Recovery care coordinators for recovering service
members.--
(A) In general.--The policy shall provide for a uniform
program for the assignment to recovering service members of
recovery care coordinators having the duties specified in
subparagraph (B).
(B) Duties.--The duties under the program of a recovery
care coordinator for a recovering service member shall include,
but not be limited to, overseeing and assisting the service
member in the service member's course through the entire
spectrum of care, management, transition, and rehabilitation
services available from the Federal Government, including
services provided by the Department of Defense, the Department
of Veterans Affairs, the Department of Labor, and the Social
Security Administration.
(C) Limitation on number of service members managed by
coordinators.--The maximum number of recovering service members
whose cases may be assigned to a recovery care coordinator
under the program at any one time shall be such number as the
policy shall specify, except that the Secretary of the military
department concerned may waive such limitation with respect to
a given coordinator for not more than 120 days in the event of
unforeseen circumstances (as specified in the policy).
(D) Training.--The policy shall specify standard training
requirements and curricula for recovery care coordinators under
the program, including a requirement for successful completion
of the training program before a person may assume the duties
of such a coordinator.
(E) Resources.--The policy shall include mechanisms to
ensure that recovery care coordinators under the program have
the resources necessary to expeditiously carry out the duties
of such coordinators under the program.
(F) Supervision.--The policy shall specify requirements for
the appropriate rank or grade, and appropriate occupation, for
persons appointed to head and supervise recovery care
coordinators.
(3) Medical care case managers for recovering service
members.--
(A) In general.--The policy shall provide for a uniform
program among the military departments for the assignment to
recovering service members of medical care case managers having
the duties specified in subparagraph (B).
(B) Duties.--The duties under the program of a medical care
case manager for a recovering service member (or the service
member's immediate family or other designee if the service
member is incapable of making judgments about personal medical
care) shall include, at a minimum, the following:
(i) Assisting in understanding the service member's
medical status during the care, recovery, and transition of
the service member.
(ii) Assisting in the receipt by the service member of
prescribed medical care during the care, recovery, and
transition of the service member.
(iii) Conducting a periodic review of the medical
status of the service member, which review shall be
conducted, to the extent practicable, in person with the
service member, or, whenever the conduct of the review in
person is not practicable, with the medical care case
manager submitting to the manager's supervisor a written
explanation why the review in person was not practicable
(if the Secretary of the military department concerned
elects to require such written explanations for purposes of
the program).
(C) Limitation on number of service members managed by
managers.--The maximum number of recovering service members
whose cases may be assigned to a medical care case manager
under the program at any one time shall be such number as the
policy shall specify, except that the Secretary of the military
department concerned may waive such limitation with respect to
a given manager for not more than 120 days in the event of
unforeseen circumstances (as specified in the policy).
(D) Training.--The policy shall specify standard training
requirements and curricula for medical care case managers under
the program, including a requirement for successful completion
of the training program before a person may assume the duties
of such a manager.
(E) Resources.--The policy shall include mechanisms to
ensure that medical care case managers under the program have
the resources necessary to expeditiously carry out the duties
of such managers under the program.
(F) Supervision at armed forces medical facilities.--The
policy shall specify requirements for the appropriate rank or
grade, and appropriate occupation, for persons appointed to
head and supervise the medical care case managers at each
medical facility of the Armed Forces. Persons so appointed may
be appointed from the Army Medical Corps, Army Medical Service
Corps, Army Nurse Corps, Navy Medical Corps, Navy Medical
Service Corps, Navy Nurse Corps, Air Force Medical Service, or
other corps or civilian health care professional, as
applicable, at the discretion of the Secretary of Defense.
(4) Non-medical care managers for recovering service members.--
(A) In general.--The policy shall provide for a uniform
program among the military departments for the assignment to
recovering service members of non-medical care managers having
the duties specified in subparagraph (B).
(B) Duties.--The duties under the program of a non-medical
care manager for a recovering service member shall include, at
a minimum, the following:
(i) Communicating with the service member and with the
service member's family or other individuals designated by
the service member regarding non-medical matters that arise
during the care, recovery, and transition of the service
member.
(ii) Assisting with oversight of the service member's
welfare and quality of life.
(iii) Assisting the service member in resolving
problems involving financial, administrative, personnel,
transitional, and other matters that arise during the care,
recovery, and transition of the service member.
(C) Duration of duties.--The policy shall provide that a
non-medical care manager shall perform duties under the program
for a recovering service member until the service member is
returned to active duty or retired or separated from the Armed
Forces.
(D) Limitation on number of service members managed by
managers.--The maximum number of recovering service members
whose cases may be assigned to a non-medical care manager under
the program at any one time shall be such number as the policy
shall specify, except that the Secretary of the military
department concerned may waive such limitation with respect to
a given manager for not more than 120 days in the event of
unforeseen circumstances (as specified in the policy).
(E) Training.--The policy shall specify standard training
requirements and curricula among the military departments for
non-medical care managers under the program, including a
requirement for successful completion of the training program
before a person may assume the duties of such a manager.
(F) Resources.--The policy shall include mechanisms to
ensure that non-medical care managers under the program have
the resources necessary to expeditiously carry out the duties
of such managers under the program.
(G) Supervision at armed forces medical facilities.--The
policy shall specify requirements for the appropriate rank and
occupational speciality for persons appointed to head and
supervise the non-medical care managers at each medical
facility of the Armed Forces.
(5) Access of recovering service members to non-urgent health
care from the department of defense or other providers under
tricare.--
(A) In general.--The policy shall provide for appropriate
minimum standards for access of recovering service members to
non-urgent medical care and other health care services as
follows:
(i) In medical facilities of the Department of Defense.
(ii) Through the TRICARE program.
(B) Maximum waiting times for certain care.--The standards
for access under subparagraph (A) shall include such standards
on maximum waiting times of recovering service members as the
policy shall specify for care that includes, but is not limited
to, the following:
(i) Follow-up care.
(ii) Specialty care.
(iii) Diagnostic referrals and studies.
(iv) Surgery based on a physician's determination of
medical necessity.
(C) Waiver by recovering service members.--The policy shall
permit any recovering service member to waive a standard for
access under this paragraph under such circumstances and
conditions as the policy shall specify.
(6) Assignment of recovering service members to locations of
care.--
(A) In general.--The policy shall provide for uniform
guidelines among the military departments for the assignment of
recovering service members to a location of care, including
guidelines that provide for the assignment of recovering
service members, when medically appropriate, to care and
residential facilities closest to their duty station or home of
record or the location of their designated care giver at the
earliest possible time.
(B) Reassignment from deficient facilities.--The policy
shall provide for uniform guidelines and procedures among the
military departments for the reassignment of recovering service
members from a medical or medical-related support facility
determined by the Secretary of Defense to violate the standards
required by section 1648 to another appropriate medical or
medical-related support facility until the correction of
violations of such standards at the medical or medical-related
support facility from which such service members are
reassigned.
(7) Transportation and subsistence for recovering service
members.--The policy shall provide for uniform standards among the
military departments on the availability of appropriate
transportation and subsistence for recovering service members to
facilitate their obtaining needed medical care and services.
(8) Work and duty assignments for recovering service members.--
The policy shall provide for uniform criteria among the military
departments for the assignment of recovering service members to
work and duty assignments that are compatible with their medical
conditions.
(9) Access of recovering service members to educational and
vocational training and rehabilitation.--The policy shall provide
for uniform standards among the military departments on the
provision of educational and vocational training and rehabilitation
opportunities for recovering service members at the earliest
possible point in their recovery.
(10) Tracking of recovering service members.--The policy shall
provide for uniform procedures among the military departments on
tracking recovering service members to facilitate--
(A) locating each recovering service member; and
(B) tracking medical care appointments of recovering
service members to ensure timeliness and compliance of
recovering service members with appointments, and other
physical and evaluation timelines, and to provide any other
information needed to conduct oversight of the care,
management, and transition of recovering service members.
(11) Referrals of recovering service members to other care and
services providers.--The policy shall provide for uniform policies,
procedures, and criteria among the military departments on the
referral of recovering service members to the Department of
Veterans Affairs and other private and public entities (including
universities and rehabilitation hospitals, centers, and clinics) in
order to secure the most appropriate care for recovering service
members, which policies, procedures, and criteria shall take into
account, but not be limited to, the medical needs of recovering
service members and the geographic location of available necessary
recovery care services.
(f) Services for Families of Recovering Service Members.--The
policy required by subsection (a) shall provide for improvements as
follows with respect to services for families of recovering service
members:
(1) Support for family members of recovering service members.--
The policy shall provide for uniform guidelines among the military
departments on the provision by the military departments of support
for family members of recovering service members who are not
otherwise eligible for care under section 1672 in caring for such
service members during their recovery.
(2) Advice and training for family members of recovering
service members.--The policy shall provide for uniform requirements
and standards among the military departments on the provision by
the military departments of advice and training, as appropriate, to
family members of recovering service members with respect to care
for such service members during their recovery.
(3) Measurement of satisfaction of family members of recovering
service members with quality of health care services.--The policy
shall provide for uniform procedures among the military departments
on the measurement of the satisfaction of family members of
recovering service members with the quality of health care services
provided to such service members during their recovery.
(4) Job placement services for family members of recovering
service members.--The policy shall provide for procedures for
application by eligible family members during a one-year period for
job placement services otherwise offered by the Department of
Defense.
(g) Outreach to Recovering Service Members and Their Families on
Comprehensive Policy.--The policy required by subsection (a) shall
include procedures and mechanisms to ensure that recovering service
members and their families are fully informed of the policies required
by this section, including policies on medical care for recovering
service members, on the management and transition of recovering service
members, and on the responsibilities of recovering service members and
their family members throughout the continuum of care and services for
recovering service members under this section.
(h) Applicability of Comprehensive Policy to Recovering Service
Members on Temporary Disability Retired List.--Appropriate elements of
the policy required by this section shall apply to recovering service
members whose names are placed on the temporary disability retired list
in such manner, and subject to such terms and conditions, as the
Secretary of Defense shall prescribe in regulations for purposes of
this subsection.

SEC. 1612. MEDICAL EVALUATIONS AND PHYSICAL DISABILITY EVALUATIONS OF
RECOVERING SERVICE MEMBERS.

(a) Medical Evaluations of Recovering Service Members.--
(1) In general.--Not later than July 1, 2008, the Secretary of
Defense shall develop a policy on improvements to the processes,
procedures, and standards for the conduct by the military
departments of medical evaluations of recovering service members.
(2) Elements.--The policy on improvements to processes,
procedures, and standards required under this subsection shall
include and address the following:
(A) Processes for medical evaluations of recovering service
members that--
(i) apply uniformly throughout the military
departments; and
(ii) apply uniformly with respect to recovering service
members who are members of the regular components of the
Armed Forces and recovering service members who are members
of the National Guard and Reserve.
(B) Standard criteria and definitions for determining the
achievement for recovering service members of the maximum
medical benefit from treatment and rehabilitation.
(C) Standard timelines for each of the following:
(i) Determinations of fitness for duty of recovering
service members.
(ii) Specialty care consultations for recovering
service members.
(iii) Preparation of medical documents for recovering
service members.
(iv) Appeals by recovering service members of medical
evaluation determinations, including determinations of
fitness for duty.
(D) Procedures for ensuring that--
(i) upon request of a recovering service member being
considered by a medical evaluation board, a physician or
other appropriate health care professional who is
independent of the medical evaluation board is assigned to
the service member; and
(ii) the physician or other health care professional
assigned to a recovering service member under clause (i)--

(I) serves as an independent source for review of
the findings and recommendations of the medical
evaluation board;
(II) provides the service member with advice and
counsel regarding the findings and recommendations of
the medical evaluation board; and
(III) advises the service member on whether the
findings of the medical evaluation board adequately
reflect the complete spectrum of injuries and illness
of the service member.

(E) Standards for qualifications and training of medical
evaluation board personnel, including physicians, case workers,
and physical disability evaluation board liaison officers, in
conducting medical evaluations of recovering service members.
(F) Standards for the maximum number of medical evaluation
cases of recovering service members that are pending before a
medical evaluation board at any one time, and requirements for
the establishment of additional medical evaluation boards in
the event such number is exceeded.
(G) Standards for information for recovering service
members, and their families, on the medical evaluation board
process and the rights and responsibilities of recovering
service members under that process, including a standard
handbook on such information (which handbook shall also be
available electronically).
(b) Physical Disability Evaluations of Recovering Service
Members.--
(1) In general.--Not later than July 1, 2008, the Secretary of
Defense and the Secretary of Veterans Affairs shall develop a
policy on improvements to the processes, procedures, and standards
for the conduct of physical disability evaluations of recovering
service members by the military departments and by the Department
of Veterans Affairs.
(2) Elements.--The policy on improvements to processes,
procedures, and standards required under this subsection shall
include and address the following:
(A) A clearly-defined process of the Department of Defense
and the Department of Veterans Affairs for disability
determinations of recovering service members.
(B) To the extent feasible, procedures to eliminate
unacceptable discrepancies and improve consistency among
disability ratings assigned by the military departments and the
Department of Veterans Affairs, particularly in the disability
evaluation of recovering service members, which procedures
shall be subject to the following requirements and limitations:
(i) Such procedures shall apply uniformly with respect
to recovering service members who are members of the
regular components of the Armed Forces and recovering
service members who are members of the National Guard and
Reserve.
(ii) Under such procedures, each Secretary of a
military department shall, to the extent feasible, utilize
the standard schedule for rating disabilities in use by the
Department of Veterans Affairs, including any applicable
interpretation of such schedule by the United States Court
of Appeals for Veterans Claims, in making any determination
of disability of a recovering service member, except as
otherwise authorized by section 1216a of title 10, United
States Code (as added by section 1642 of this Act).
(C) Uniform timelines among the military departments for
appeals of determinations of disability of recovering service
members, including timelines for presentation, consideration,
and disposition of appeals.
(D) Uniform standards among the military departments for
qualifications and training of physical disability evaluation
board personnel, including physical evaluation board liaison
personnel, in conducting physical disability evaluations of
recovering service members.
(E) Uniform standards among the military departments for
the maximum number of physical disability evaluation cases of
recovering service members that are pending before a physical
disability evaluation board at any one time, and requirements
for the establishment of additional physical disability
evaluation boards in the event such number is exceeded.
(F) Uniform standards and procedures among the military
departments for the provision of legal counsel to recovering
service members while undergoing evaluation by a physical
disability evaluation board.
(G) Uniform standards among the military departments on the
roles and responsibilities of non-medical care managers under
section 1611(e)(4) and judge advocates assigned to recovering
service members undergoing evaluation by a physical disability
board, and uniform standards on the maximum number of cases
involving such service members that are to be assigned to judge
advocates at any one time.
(c) Assessment of Consolidation of Department of Defense and
Department of Veterans Affairs Disability Evaluation Systems.--
(1) In general.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to the appropriate committees
of Congress a report on the feasability and advisability of
consolidating the disability evaluation systems of the military
departments and the disability evaluation system of the Department
of Veterans Affairs into a single disability evaluation system. The
report shall be submitted together with the report required by
section 1611(a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the feasability and advisability of
consolidating the disability evaluation systems described in
paragraph (1) as specified in that paragraph.
(B) If the consolidation of the systems is considered
feasible and advisable--
(i) recommendations for various options for
consolidating the systems as specified in paragraph (1);
and
(ii) recommendations for mechanisms to evaluate and
assess any progress made in consolidating the systems as
specified in that paragraph.

SEC. 1613. RETURN OF RECOVERING SERVICE MEMBERS TO ACTIVE DUTY IN THE
ARMED FORCES.

The Secretary of Defense shall establish standards for
determinations by the military departments on the return of recovering
service members to active duty in the Armed Forces.

SEC. 1614. TRANSITION OF RECOVERING SERVICE MEMBERS FROM CARE AND
TREATMENT THROUGH THE DEPARTMENT OF DEFENSE TO CARE,
TREATMENT, AND REHABILITATION THROUGH THE DEPARTMENT OF
VETERANS AFFAIRS.

(a) In General.--Not later than July 1, 2008, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly develop and
implement processes, procedures, and standards for the transition of
recovering service members from care and treatment through the
Department of Defense to care, treatment, and rehabilitation through
the Department of Veterans Affairs.
(b) Elements.--The processes, procedures, and standards required
under this section shall include the following:
(1) Uniform, patient-focused procedures to ensure that the
transition described in subsection (a) occurs without gaps in
medical care and in the quality of medical care, benefits, and
services.
(2) Procedures for the identification and tracking of
recovering service members during the transition, and for the
coordination of care and treatment of recovering service members
during the transition, including a system of cooperative case
management of recovering service members by the Department of
Defense and the Department of Veterans Affairs during the
transition.
(3) Procedures for the notification of Department of Veterans
Affairs liaison personnel of the commencement by recovering service
members of the medical evaluation process and the physical
disability evaluation process.
(4) Procedures and timelines for the enrollment of recovering
service members in applicable enrollment or application systems of
the Department of Veterans Affairs with respect to health care,
disability, education, vocational rehabilitation, or other
benefits.
(5) Procedures to ensure the access of recovering service
members during the transition to vocational, educational, and
rehabilitation benefits available through the Department of
Veterans Affairs.
(6) Standards for the optimal location of Department of Defense
and Department of Veterans Affairs liaison and case management
personnel at military medical treatment facilities, medical
centers, and other medical facilities of the Department of Defense.
(7) Standards and procedures for integrated medical care and
management of recovering service members during the transition,
including procedures for the assignment of medical personnel of the
Department of Veterans Affairs to Department of Defense facilities
to participate in the needs assessments of recovering service
members before, during, and after their separation from military
service.
(8) Standards for the preparation of detailed plans for the
transition of recovering service members from care and treatment by
the Department of Defense to care, treatment, and rehabilitation by
the Department of Veterans Affairs, which plans shall--
(A) be based on standardized elements with respect to care
and treatment requirements and other applicable requirements;
and
(B) take into account the comprehensive recovery plan for
the recovering service member concerned as developed under
section 1611(e)(1).
(9) Procedures to ensure that each recovering service member
who is being retired or separated under chapter 61 of title 10,
United States Code, receives a written transition plan, prior to
the time of retirement or separation, that--
(A) specifies the recommended schedule and milestones for
the transition of the service member from military service;
(B) provides for a coordinated transition of the service
member from the Department of Defense disability evaluation
system to the Department of Veterans Affairs disability system;
and
(C) includes information and guidance designed to assist
the service member in understanding and meeting the schedule
and milestones specified under subparagraph (A) for the service
member's transition.
(10) Procedures for the transmittal from the Department of
Defense to the Department of Veterans Affairs of records and any
other required information on each recovering service member
described in paragraph (9), which procedures shall provide for the
transmission from the Department of Defense to the Department of
Veterans Affairs of records and information on the service member
as follows:
(A) The address and contact information of the service
member.
(B) The DD-214 discharge form of the service member, which
shall be transmitted under such procedures electronically.
(C) A copy of the military service record of the service
member, including medical records and any results of a physical
evaluation board.
(D) Information on whether the service member is entitled
to transitional health care, a conversion health policy, or
other health benefits through the Department of Defense under
section 1145 of title 10, United States Code.
(E) A copy of any request of the service member for
assistance in enrolling in, or completed applications for
enrollment in, the health care system of the Department of
Veterans Affairs for health care benefits for which the service
member may be eligible under laws administered by the Secretary
of Veterans Affairs.
(F) A copy of any request by the service member for
assistance in applying for, or completed applications for,
compensation and vocational rehabilitation benefits to which
the service member may be entitled under laws administered by
the Secretary of Veterans Affairs.
(11) A process to ensure that, before transmittal of medical
records of a recovering service member to the Department of
Veterans Affairs, the Secretary of Defense ensures that the service
member (or an individual legally recognized to make medical
decisions on behalf of the service member) authorizes the transfer
of the medical records of the service member from the Department of
Defense to the Department of Veterans Affairs pursuant to the
Health Insurance Portability and Accountability Act of 1996.
(12) Procedures to ensure that, with the consent of the
recovering service member concerned, the address and contact
information of the service member is transmitted to the department
or agency for veterans affairs of the State in which the service
member intends to reside after the retirement or separation of the
service member from the Armed Forces.
(13) Procedures to ensure that, before the transmittal of
records and other information with respect to a recovering service
member under this section, a meeting regarding the transmittal of
such records and other information occurs among the service member,
appropriate family members of the service member, representatives
of the Secretary of the military department concerned, and
representatives of the Secretary of Veterans Affairs, with at least
30 days advance notice of the meeting being given to the service
member unless the service member waives the advance notice
requirement in order to accelerate transmission of the service
member's records and other information to the Department of
Veterans Affairs.
(14) Procedures to ensure that the Secretary of Veterans
Affairs gives appropriate consideration to a written statement
submitted to the Secretary by a recovering service member regarding
the transition.
(15) Procedures to provide access for the Department of
Veterans Affairs to the military health records of recovering
service members who are receiving care and treatment, or are
anticipating receipt of care and treatment, in Department of
Veterans Affairs health care facilities, which procedures shall be
consistent with the procedures and requirements in paragraphs (11)
and (13).
(16) A process for the utilization of a joint separation and
evaluation physical examination that meets the requirements of both
the Department of Defense and the Department of Veterans Affairs in
connection with the medical separation or retirement of a
recovering service member from military service and for use by the
Department of Veterans Affairs in disability evaluations.
(17) Procedures for surveys and other mechanisms to measure
patient and family satisfaction with the provision by the
Department of Defense and the Department of Veterans Affairs of
care and services for recovering service members, and to facilitate
appropriate oversight by supervisory personnel of the provision of
such care and services.
(18) Procedures to ensure the participation of recovering
service members who are members of the National Guard or Reserve in
the Benefits Delivery at Discharge Program, including procedures to
ensure that, to the maximum extent feasible, services under the
Benefits Delivery at Discharge Program are provided to recovering
service members at--
(A) appropriate military installations;
(B) appropriate armories and military family support
centers of the National Guard;
(C) appropriate military medical care facilities at which
members of the Armed Forces are separated or discharged from
the Armed Forces; and
(D) in the case of a member on the temporary disability
retired list under section 1202 or 1205 of title 10, United
States Code, who is being retired under another provision of
such title or is being discharged, at a location reasonably
convenient to the member.

SEC. 1615. REPORTS.

(a) Report on Policy.--Upon the development of the policy required
by subsection (a) of section 1611 but not later than July 1, 2008, the
Secretary of Defense and the Secretary of Veterans Affairs shall
jointly submit to the appropriate committees of Congress a report on
the policy, including a comprehensive and detailed description of the
policy and of the manner in which the policy addresses the detailed
elements of the policy specified in subsections (d) through (h) of
section 1611, and the findings and recommendations of the reviews under
subsections (b) and (c) of section 1611.
(b) Interim Report on Policy.--Not later than February 1, 2008, the
Secretary of Defense and the Secretary of Veterans Affairs shall
jointly submit to the appropriate committees of Congress an interim
report on the policy, which shall include a comprehensive and detailed
description of the matters specified in subsection (a) current as of
the date of such interim report.
(c) Report on Update of Policy.--Upon updating the policy under
section 1611(a)(4), the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to the appropriate committees of
Congress a report on the update of the policy, including a
comprehensive and detailed description of such update and of the
reasons for such update.
(d) Comptroller General Assessment of Implementation of Policy.--
(1) In general.--Not later than six months after the date of
the enactment of this Act and every year thereafter through 2010,
the Comptroller General of the United States shall submit to the
appropriate committees of Congress a report setting forth the
assessment of the Comptroller General of the progress of the
Secretary of Defense and the Secretary of Veterans Affairs in
developing and implementing the policy required by section 1611(a).
Each report shall include a certification by the Comptroller
General as to whether the Comptroller General has had timely access
to sufficient information to enable the Comptroller General to make
informed judgments on the matters covered by the report.
(2) Access information.--The Secretary of Defense and the
Secretary of Veterans Affairs shall facilitate the ability of the
Comptroller General to conduct any review required for a report
under this subsection within the time period required for such
report, including prompt and complete access to such information as
the Comptroller General considers necessary to perform such review.
(e) Report on Reduction in Disability Ratings by the Department of
Defense.--Not later than February 1, 2009, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the number of instances during the
period beginning on October 7, 2001, and ending on September 30, 2006,
in which a disability rating assigned to a member of the Armed Forces
by an informal physical evaluation board of the Department of Defense
was reduced upon appeal, and the reasons for such reduction.

SEC. 1616. ESTABLISHMENT OF A WOUNDED WARRIOR RESOURCE CENTER.

(a) Establishment.--The Secretary of Defense shall establish a
wounded warrior resource center (in this section referred to as the
``center'') to provide wounded warriors, their families, and their
primary caregivers with a single point of contact for assistance with
reporting deficiencies in covered military facilities, obtaining health
care services, receiving benefits information, and any other
difficulties encountered while supporting wounded warriors. The
Secretary shall widely disseminate information regarding the existence
and availability of the center, including contact information, to
members of the Armed Forces and their dependents. In carrying out this
subsection, the Secretary may use existing infrastructure and
organizations but shall ensure that the center has the ability to
separately keep track of calls from wounded warriors.
(b) Access.--The center shall provide multiple methods of access,
including at a minimum an Internet website and a toll-free telephone
number (commonly referred to as a ``hot line'') at which personnel are
accessible at all times to receive reports of deficiencies or provide
information about covered military facilities, health care services, or
military benefits.
(c) Confidentiality.--
(1) Notification.--Individuals who seek to provide information
through the center under subsection (a) shall be notified,
immediately before they provide such information, of their option
to elect, at their discretion, to have their identity remain
confidential.
(2) Prohibition on further disclosure.--In the case of
information provided through use of the toll-free telephone number
by an individual who elects to maintain the confidentiality of his
or her identity, any individual who, by necessity, has had access
to such information for purposes of investigating or responding to
the call as required under subsection (d) may not disclose the
identity of the individual who provided the information.
(d) Functions.--The center shall perform the following functions:
(1) Call tracking.--The center shall be responsible for
documenting receipt of a call, referring the call to the
appropriate office within a military department for answer or
investigation, and tracking the formulation and notification of the
response to the call.
(2) Investigation and response.--The center shall be
responsible for ensuring that, not later than 96 hours after a
call--
(A) if a report of deficiencies is received in a call--
(i) any deficiencies referred to in the call are
investigated;
(ii) if substantiated, a plan of action for remediation
of the deficiencies is developed and implemented; and
(iii) if requested, the individual who made the report
is notified of the current status of the report; or
(B) if a request for information is received in a call--
(i) the information requested by the caller is provided
by the center;
(ii) all requests for information from the call are
referred to the appropriate office or offices of a military
department for response; and
(iii) the individual who made the report is notified,
at a minimum, of the current status of the query.
(3) Final notification.--The center shall be responsible for
ensuring that, if requested, the caller is notified when the
deficiency has been corrected or when the request for information
has been fulfilled to the maximum extent practicable, as determined
by the Secretary.
(e) Definitions.--In this section:
(1) Covered military facility.--The term ``covered military
facility'' has the meaning provided in section 1648(b) of this Act.
(2) Call.--The term ``call'' means any query or report that is
received by the center by means of the toll-free telephone number
or other source.
(f) Effective Dates.--
(1) Toll-free telephone number.--The toll-free telephone number
required to be established by subsection (a), shall be fully
operational not later than April 1, 2008.
(2) Internet website.--The Internet website required to be
established by subsection (a), shall be fully operational not later
than July 1, 2008.

SEC. 1617. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT
WOUNDED SERVICE MEMBERS.

(a) Notification Required.--
(1) In general.--Chapter 55 of title 10, United States Code, is
further amended by inserting after section 1074k the following new
section:

``Sec. 1074l. Notification to Congress of hospitalization of combat
wounded members

``(a) Notification Required.--The Secretary concerned shall provide
notification of the hospitalization of any member of the armed forces
evacuated from a theater of combat and admitted to a military treatment
facility within the United States to the appropriate Members of
Congress.
``(b) Appropriate Members.--In this section, the term `appropriate
Members of Congress', with respect to the member of the armed forces
about whom notification is being made, means the Senators representing
the State, and the Member, Delegate, or Resident Commissioner of the
House of Representatives representing the district, that includes the
member's home of record or a different location as provided by the
member.
``(c) Consent of Member Required.--The notification under
subsection (a) may be provided only with the consent of the member of
the armed forces about whom notification is to be made. In the case of
a member who is unable to provide consent, information and consent may
be provided by next of kin.''.
(2) Effective date.--The notification requirement under section
1074l(a) of title 10, United States Code, as added by paragraph
(1), shall apply beginning 60 days after the date of the enactment
of this Act.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``1074l. Notification to Congress of hospitalization of combat wounded
members.''.

SEC. 1618. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF, AND RESEARCH ON,
TRAUMATIC BRAIN INJURY, POST-TRAUMATIC STRESS DISORDER,
AND OTHER MENTAL HEALTH CONDITIONS IN MEMBERS OF THE
ARMED FORCES.

(a) Comprehensive Statement of Policy.--The Secretary of Defense
and the Secretary of Veterans Affairs shall direct joint planning among
the Department of Defense, the military departments, and the Department
of Veterans Affairs for the prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on, traumatic brain
injury, post-traumatic stress disorder, and other mental health
conditions in members of the Armed Forces, including planning for the
seamless transition of such members from care through the Department of
Defense to care through the Department of Veterans Affairs.
(b) Comprehensive Plan Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, submit to the
congressional defense committees a comprehensive plan for programs and
activities of the Department of Defense to prevent, diagnose, mitigate,
treat, research, and otherwise respond to traumatic brain injury, post-
traumatic stress disorder, and other mental health conditions in
members of the Armed Forces, including--
(1) an assessment of the current capabilities of the Department
for the prevention, diagnosis, mitigation, treatment, and
rehabilitation of, and research on, traumatic brain injury, post-
traumatic stress disorder, and other mental health conditions in
members of the Armed Forces;
(2) the identification of gaps in current capabilities of the
Department for the prevention, diagnosis, mitigation, treatment,
and rehabilitation of, and research on, traumatic brain injury,
post-traumatic stress disorder, and other mental health conditions
in members of the Armed Forces; and
(3) the identification of the resources required for the
Department in fiscal years 2009 through 2013 to address the gaps in
capabilities identified under paragraph (2).
(c) Program Required.--One of the programs contained in the
comprehensive plan submitted under subsection (b) shall be a Department
of Defense program, developed in collaboration with the Department of
Veterans Affairs, under which each member of the Armed Forces who
incurs a traumatic brain injury or post-traumatic stress disorder
during service in the Armed Forces--
(1) is enrolled in the program; and
(2) receives treatment and rehabilitation meeting a standard of
care such that each individual who qualifies for care under the
program shall--
(A) be provided the highest quality, evidence-based care in
facilities that most appropriately meet the specific needs of
the individual; and
(B) be rehabilitated to the fullest extent possible using
up-to-date evidence-based medical technology, and physical and
medical rehabilitation practices and expertise.
(d) Provision of Information Required.--The comprehensive plan
submitted under subsection (b) shall require the provision of
information by the Secretary of Defense to members of the Armed Forces
with traumatic brain injury, post-traumatic stress disorder, or other
mental health conditions and their families about their options with
respect to the following:
(1) The receipt of medical and mental health care from the
Department of Defense and the Department of Veterans Affairs.
(2) Additional options available to such members for treatment
and rehabilitation of traumatic brain injury, post-traumatic stress
disorder, and other mental health conditions.
(3) The options available, including obtaining a second
opinion, to such members for a referral to an authorized provider
under chapter 55 of title 10, United States Code, as determined
under regulations prescribed by the Secretary of Defense.
(e) Additional Elements of Plan.--The comprehensive plan submitted
under subsection (b) shall include comprehensive proposals of the
Department on the following:
(1) Lead agent.--The designation by the Secretary of Defense of
a lead agent or executive agent for the Department to coordinate
development and implementation of the plan.
(2) Detection and treatment.--The improvement of methods and
mechanisms for the detection and treatment of traumatic brain
injury, post-traumatic stress disorder, and other mental health
conditions in members of the Armed Forces in the field.
(3) Reduction of ptsd.--The development of a plan for reducing
post traumatic-stress disorder, incorporating evidence-based
preventive and early-intervention measures, practices, or
procedures that reduce the likelihood that personnel in combat will
develop post-traumatic stress disorder or other stress-related
conditions (including substance abuse conditions) into--
(A) basic and pre-deployment training for enlisted members
of the Armed Forces, noncommissioned officers, and officers;
(B) combat theater operations; and
(C) post-deployment service.
(4) Research.--Requirements for research on traumatic brain
injury, post-traumatic stress disorder, and other mental health
conditions including (in particular) research on pharmacological
and other approaches to treatment for traumatic brain injury, post-
traumatic stress disorder, or other mental health conditions, as
applicable, and the allocation of priorities among such research.
(5) Diagnostic criteria.--The development, adoption, and
deployment of joint Department of Defense-Department of Veterans
Affairs evidence-based diagnostic criteria for the detection and
evaluation of the range of traumatic brain injury, post-traumatic
stress disorder, and other mental health conditions in members of
the Armed Forces, which criteria shall be employed uniformly across
the military departments in all applicable circumstances, including
provision of clinical care and assessment of future deployability
of members of the Armed Forces.
(6) Assessment.--The development and deployment of evidence-
based means of assessing traumatic brain injury, post-traumatic
stress disorder, and other mental health conditions in members of
the Armed Forces, including a system of pre-deployment and post-
deployment screenings of cognitive ability in members for the
detection of cognitive impairment.
(7) Managing and monitoring.--The development and deployment of
effective means of managing and monitoring members of the Armed
Forces with traumatic brain injury, post-traumatic stress disorder,
or other mental health conditions in the receipt of care for
traumatic brain injury, post-traumatic stress disorder, or other
mental health conditions, as applicable, including the monitoring
and assessment of treatment and outcomes.
(8) Education and awareness.--The development and deployment of
an education and awareness training initiative designed to reduce
the negative stigma associated with traumatic brain injury, post-
traumatic stress disorder, and other mental health conditions, and
mental health treatment.
(9) Education and outreach.--The provision of education and
outreach to families of members of the Armed Forces with traumatic
brain injury, post-traumatic stress disorder, or other mental
health conditions on a range of matters relating to traumatic brain
injury, post-traumatic stress disorder, or other mental health
conditions, as applicable, including detection, mitigation, and
treatment.
(10) Recording of blasts.--A requirement that exposure to a
blast or blasts be recorded in the records of members of the Armed
Forces.
(11) Guidelines for blast injuries.--The development of
clinical practice guidelines for the diagnosis and treatment of
blast injuries in members of the Armed Forces, including, but not
limited to, traumatic brain injury.
(12) Gender- and ethnic group-specific services and
treatment.--The development of requirements, as appropriate, for
gender- and ethnic group-specific medical care services and
treatment for members of the Armed Forces who experience mental
health problems and conditions, including post-traumatic stress
disorder, with specific regard to the availability of, access to,
and research and development requirements of such needs.
(f) Coordination in Development.--The comprehensive plan submitted
under subsection (b) shall be developed in coordination with the
Secretary of the Army (who was designated by the Secretary of Defense
as executive agent for the prevention, mitigation, and treatment of
blast injuries under section 256 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3181; 10 U.S.C.
1071 note)).

Subtitle B--Centers of Excellence in the Prevention, Diagnosis,
Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury,
Post-Traumatic Stress Disorder, and Eye Injuries

SEC. 1621. CENTER OF EXCELLENCE IN THE PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF TRAUMATIC
BRAIN INJURY.

(a) In General.--The Secretary of Defense shall establish within
the Department of Defense a center of excellence in the prevention,
diagnosis, mitigation, treatment, and rehabilitation of traumatic brain
injury, including mild, moderate, and severe traumatic brain injury, to
carry out the responsibilities specified in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the Center
collaborates to the maximum extent practicable with the Department of
Veterans Affairs, institutions of higher education, and other
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection
(c).
(c) Responsibilities.--The Center shall have responsibilities as
follows:
(1) To implement the comprehensive plan and strategy for the
Department of Defense, required by section 1618 of this Act, for
the prevention, diagnosis, mitigation, treatment, and
rehabilitation of traumatic brain injury, including research on
gender and ethnic group-specific health needs related to traumatic
brain injury.
(2) To provide for the development, testing, and dissemination
within the Department of best practices for the treatment of
traumatic brain injury.
(3) To provide guidance for the mental health system of the
Department in determining the mental health and neurological health
personnel required to provide quality mental health care for
members of the Armed Forces with traumatic brain injury.
(4) To establish, implement, and oversee a comprehensive
program to train mental health and neurological health
professionals of the Department in the treatment of traumatic brain
injury.
(5) To facilitate advancements in the study of the short-term
and long-term psychological effects of traumatic brain injury.
(6) To disseminate within the military medical treatment
facilities of the Department best practices for training mental
health professionals, including neurological health professionals,
with respect to traumatic brain injury.
(7) To conduct basic science and translational research on
traumatic brain injury for the purposes of understanding the
etiology of traumatic brain injury and developing preventive
interventions and new treatments.
(8) To develop programs and outreach strategies for families of
members of the Armed Forces with traumatic brain injury in order to
mitigate the negative impacts of traumatic brain injury on such
family members and to support the recovery of such members from
traumatic brain injury.
(9) To conduct research on the mental health needs of families
of members of the Armed Forces with traumatic brain injury and
develop protocols to address any needs identified through such
research.
(10) To conduct longitudinal studies (using imaging technology
and other proven research methods) on members of the Armed Forces
with traumatic brain injury to identify early signs of Alzheimer's
disease, Parkinson's disease, or other manifestations of
neurodegeneration, as well as epilepsy, in such members, in
coordination with the studies authorized by section 721 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2294) and other studies of the
Department of Defense and the Department of Veterans Affairs that
address the connection between exposure to combat and the
development of Alzheimer's disease, Parkinson's disease, and other
neurodegenerative disorders, as well as epilepsy.
(11) To develop and oversee a long-term plan to increase the
number of mental health and neurological health professionals
within the Department in order to facilitate the meeting by the
Department of the needs of members of the Armed Forces with
traumatic brain injury until their transition to care and treatment
from the Department of Veterans Affairs.
(12) To develop a program on comprehensive pain management,
including management of acute and chronic pain, to utilize current
and develop new treatments for pain, and to identify and
disseminate best practices on pain management related to traumatic
brain injury.
(13) Such other responsibilities as the Secretary shall
specify.

SEC. 1622. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF POST-TRAUMATIC STRESS
DISORDER AND OTHER MENTAL HEALTH CONDITIONS.

(a) In General.--The Secretary of Defense shall establish within
the Department of Defense a center of excellence in the prevention,
diagnosis, mitigation, treatment, and rehabilitation of post-traumatic
stress disorder (PTSD) and other mental health conditions, including
mild, moderate, and severe post-traumatic stress disorder and other
mental health conditions, to carry out the responsibilities specified
in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the center
collaborates to the maximum extent practicable with the National Center
on Post-Traumatic Stress Disorder of the Department of Veterans
Affairs, institutions of higher education, and other appropriate public
and private entities (including international entities) to carry out
the responsibilities specified in subsection (c).
(c) Responsibilities.--The center shall have responsibilities as
follows:
(1) To implement the comprehensive plan and strategy for the
Department of Defense, required by section 1618 of this Act, for
the prevention, diagnosis, mitigation, treatment, and
rehabilitation of post-traumatic stress disorder and other mental
health conditions, including research on gender- and ethnic group-
specific health needs related to post-traumatic stress disorder and
other mental health conditions.
(2) To provide for the development, testing, and dissemination
within the Department of best practices for the treatment of post-
traumatic stress disorder.
(3) To provide guidance for the mental health system of the
Department in determining the mental health and neurological health
personnel required to provide quality mental health care for
members of the Armed Forces with post-traumatic stress disorder and
other mental health conditions.
(4) To establish, implement, and oversee a comprehensive
program to train mental health and neurological health
professionals of the Department in the treatment of post-traumatic
stress disorder and other mental health conditions.
(5) To facilitate advancements in the study of the short-term
and long-term psychological effects of post-traumatic stress
disorder and other mental health conditions.
(6) To disseminate within the military medical treatment
facilities of the Department best practices for training mental
health professionals, including neurological health professionals,
with respect to post-traumatic stress disorder and other mental
health conditions.
(7) To conduct basic science and translational research on
post-traumatic stress disorder for the purposes of understanding
the etiology of post-traumatic stress disorder and developing
preventive interventions and new treatments.
(8) To develop programs and outreach strategies for families of
members of the Armed Forces with post-traumatic stress disorder and
other mental health conditions in order to mitigate the negative
impacts of post-traumatic stress disorder and other mental health
conditions on such family members and to support the recovery of
such members from post-traumatic stress disorder and other mental
health conditions.
(9) To conduct research on the mental health needs of families
of members of the Armed Forces with post-traumatic stress disorder
and other mental health conditions and develop protocols to address
any needs identified through such research.
(10) To develop and oversee a long-term plan to increase the
number of mental health and neurological health professionals
within the Department in order to facilitate the meeting by the
Department of the needs of members of the Armed Forces with post-
traumatic stress disorder and other mental health conditions until
their transition to care and treatment from the Department of
Veterans Affairs.

SEC. 1623. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF MILITARY EYE INJURIES.

(a) In General.--The Secretary of Defense shall establish within
the Department of Defense a center of excellence in the prevention,
diagnosis, mitigation, treatment, and rehabilitation of military eye
injuries to carry out the responsibilities specified in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the center
collaborates to the maximum extent practicable with the Secretary of
Veterans Affairs, institutions of higher education, and other
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection
(c).
(c) Responsibilities.--
(1) In general.--The center shall--
(A) implement a comprehensive plan and strategy for the
Department of Defense, as developed by the Secretary of
Defense, for a registry of information for the tracking of the
diagnosis, surgical intervention or other operative procedure,
other treatment, and follow up for each case of significant eye
injury incurred by a member of the Armed Forces while serving
on active duty;
(B) ensure the electronic exchange with the Secretary of
Veterans Affairs of information obtained through tracking under
subparagraph (A); and
(C) enable the Secretary of Veterans Affairs to access the
registry and add information pertaining to additional
treatments or surgical procedures and eventual visual outcomes
for veterans who were entered into the registry and
subsequently received treatment through the Veterans Health
Administration.
(2) Designation of registry.--The registry under this
subsection shall be known as the ``Military Eye Injury Registry''
(hereinafter referred to as the ``Registry'').
(3) Consultation in development.--The center shall develop the
Registry in consultation with the ophthalmological specialist
personnel and optometric specialist personnel of the Department of
Defense and the ophthalmological specialist personnel and
optometric specialist personnel of the Department of Veterans
Affairs. The mechanisms and procedures of the Registry shall
reflect applicable expert research on military and other eye
injuries.
(4) Mechanisms.--The mechanisms of the Registry for tracking
under paragraph (1)(A) shall ensure that each military medical
treatment facility or other medical facility shall submit to the
center for inclusion in the Registry information on the diagnosis,
surgical intervention or other operative procedure, other
treatment, and follow up for each case of eye injury described in
that paragraph as follows (to the extent applicable):
(A) Not later than 30 days after surgery or other operative
intervention, including a surgery or other operative
intervention carried out as a result of a follow-up
examination.
(B) Not later than 180 days after the significant eye
injury is reported or recorded in the medical record.
(5) Coordination of care and benefits.--(A) The center shall
provide notice to the Blind Rehabilitation Service of the
Department of Veterans Affairs and to the eye care services of the
Veterans Health Administration on each member of the Armed Forces
described in subparagraph (B) for purposes of ensuring the
coordination of the provision of ongoing eye care and visual
rehabilitation benefits and services by the Department of Veterans
Affairs after the separation or release of such member from the
Armed Forces.
(B) A member of the Armed Forces described in this subparagraph
is a member of the Armed Forces as follows:
(i) A member with a significant eye injury incurred while
serving on active duty, including a member with visual
dysfunction related to traumatic brain injury.
(ii) A member with an eye injury incurred while serving on
active duty who has a visual acuity of 20/200 or less in the
injured eye.
(iii) A member with an eye injury incurred while serving on
active duty who has a loss of peripheral vision resulting in 20
degrees or less of visual field in the injured eye.
(d) Utilization of Registry Information.--The Secretary of Defense
and the Secretary of Veterans Affairs shall jointly ensure that
information in the Registry is available to appropriate
ophthalmological and optometric personnel of the Department of Defense
and the Department of Veterans Affairs for purposes of encouraging and
facilitating the conduct of research, and the development of best
practices and clinical education, on eye injuries incurred by members
of the Armed Forces in combat.
(e) Inclusion of Records of OIF/OEF Veterans.--The Secretary of
Defense shall take appropriate actions to include in the Registry such
records of members of the Armed Forces who incurred an eye injury while
serving on active duty on or after September 11, 2001, but before the
establishment of the Registry, as the Secretary considers appropriate
for purposes of the Registry.
(f) Traumatic Brain Injury Post Traumatic Visual Syndrome.--In
carrying out the program at Walter Reed Army Medical Center, District
of Columbia, on traumatic brain injury post traumatic visual syndrome,
the Secretary of Defense and the Department of Veterans Affairs shall
jointly provide for the conduct of a cooperative program for members of
the Armed Forces and veterans with traumatic brain injury by military
medical treatment facilities of the Department of Defense and medical
centers of the Department of Veterans Affairs selected for purposes of
this subsection for purposes of vision screening, diagnosis,
rehabilitative management, and vision research, including research on
prevention, on visual dysfunction related to traumatic brain injury.

SEC. 1624. REPORT ON ESTABLISHMENT OF CENTERS OF EXCELLENCE.

(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on--
(1) the establishment of the center of excellence in
prevention, diagnosis, mitigation, treatment, and rehabilitation of
traumatic brain injury under section 1621;
(2) the establishment of the center of excellence in
prevention, diagnosis, mitigation, treatment, and rehabilitation of
post-traumatic stress disorder and other mental health conditions
under section 1622; and
(3) the establishment of the center of excellence in
prevention, diagnosis, mitigation, treatment, and rehabilitation of
military eye injuries under section 1623.
(b) Matters Covered.--The report shall, for each such center--
(1) describe in detail the activities and proposed activities
of such center; and
(2) assess the progress of such center in discharging the
responsibilities of such center.

Subtitle C--Health Care Matters

SEC. 1631. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND FORMER
MEMBERS OF THE ARMED FORCES WITH SEVERE INJURIES OR
ILLNESSES.

(a) Medical and Dental Care for Former Members.--
(1) In general.--Effective as of the date of the enactment of
this Act and subject to regulations prescribed by the Secretary of
Defense, the Secretary may authorize that any former member of the
Armed Forces with a serious injury or illness may receive the same
medical and dental care as a member of the Armed Forces on active
duty for medical and dental care not reasonably available to such
former member in the Department of Veterans Affairs.
(2) Sunset.--The Secretary of Defense may not provide medical
or dental care to a former member of the Armed Forces under this
subsection after December 31, 2012, if the Secretary has not
provided medical or dental care to the former member under this
subsection before that date.
(b) Rehabilitation and Vocational Benefits.--
(1) In general.--Effective as of the date of the enactment of
this Act, a member of the Armed Forces with a severe injury or
illness is entitled to such benefits (including rehabilitation and
vocational benefits, but not including compensation) from the
Secretary of Veterans Affairs to facilitate the recovery and
rehabilitation of such member as the Secretary otherwise provides
to veterans of the Armed Forces receiving medical care in medical
facilities of the Department of Veterans Affairs facilities in
order to facilitate the recovery and rehabilitation of such
members.
(2) Sunset.--The Secretary of Veterans Affairs may not provide
benefits to a member of the Armed Forces under this subsection
after December 31, 2012, if the Secretary has not provided benefits
to the member under this subsection before that date.

SEC. 1632. REIMBURSEMENT OF TRAVEL EXPENSES OF RETIRED MEMBERS WITH
COMBAT-RELATED DISABILITIES FOR FOLLOW-ON SPECIALTY CARE,
SERVICES, AND SUPPLIES.

(a) Travel.--Section 1074i of title 10, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Outreach Program and Travel Reimbursement for Follow-on
Specialty Care and Related Services.--The Secretary concerned shall
ensure that an outreach program is implemented for each member of the
uniformed services who incurred a combat-related disability and is
entitled to retired or retainer pay, or equivalent pay, so that--
``(1) the progress of the member is closely monitored; and
``(2) the member receives the travel reimbursement authorized
by subsection (a) whenever the member requires follow-on specialty
care, services, or supplies.''.
(b) Combat-Related Disability Defined.--Subsection (c) of such
section, as redesignated by subsection (a)(1), is amended by adding at
the end the following new paragraph:
``(3) The term `combat-related disability' has the meaning
given that term in section 1413a of this title.''.
(c) Effective Date.--Subsection (b) of section 1074i of title 10,
United States Code, as added by subsection (a)(2), shall apply with
respect to travel described in subsection (a) of such section that
occurs on or after January 1, 2008, for follow-on specialty care,
services, or supplies.

SEC. 1633. RESPITE CARE AND OTHER EXTENDED CARE BENEFITS FOR MEMBERS OF
THE UNIFORMED SERVICES WHO INCUR A SERIOUS INJURY OR
ILLNESS ON ACTIVE DUTY.

(a) In General.--Section 1074(c) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(4)(A) Subject to such terms and conditions as the Secretary of
Defense considers appropriate, coverage comparable to that provided by
the Secretary under subsections (d) and (e) of section 1079 of this
title shall be provided under this subsection to members of the
uniformed services who incur a serious injury or illness on active duty
as defined by regulations prescribed by the Secretary.
``(B) The Secretary of Defense shall prescribe in regulations--
``(i) the individuals who shall be treated as the primary
caregivers of a member of the uniformed services for purposes of
this paragraph; and
``(ii) the definition of serious injury or illness for the
purposes of this paragraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2008.

SEC. 1634. REPORTS.

(a) Reports on Implementation of Certain Requirements.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees a
report describing the progress in implementing the requirements as
follows:
(1) The requirements of section 721 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2294), relating to a longitudinal study on traumatic
brain injury incurred by members of the Armed Forces in Operation
Iraqi Freedom and Operation Enduring Freedom.
(2) The requirements of section 741 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2304),
relating to pilot projects on early diagnosis and treatment of
post-traumatic stress disorder and other mental health conditions.
(b) Annual Reports on Expenditures for Activities on TBI and
PTSD.--
(1) Reports required.--Not later than March 1, 2008, and each
year thereafter through 2013, the Secretary of Defense shall submit
to the congressional defense committees a report setting forth the
amounts expended by the Department of Defense during the preceding
calendar year on activities described in paragraph (2), including
the amount allocated during such calendar year to the Defense and
Veterans Brain Injury Center of the Department.
(2) Covered activities.--The activities described in this
paragraph are activities as follows:
(A) Activities relating to the improved diagnosis,
treatment, and rehabilitation of members of the Armed Forces
with traumatic brain injury (TBI).
(B) Activities relating to the improved diagnosis,
treatment, and rehabilitation of members of the Armed Forces
with post-traumatic stress disorder (PTSD).
(3) Elements.--Each report under paragraph (1) shall include--
(A) a description of the amounts expended as described in
that paragraph, including a description of the activities for
which expended;
(B) a description and assessment of the outcome of such
activities;
(C) a statement of priorities of the Department in
activities relating to the prevention, diagnosis, research,
treatment, and rehabilitation of traumatic brain injury in
members of the Armed Forces during the year in which such
report is submitted and in future calendar years;
(D) a statement of priorities of the Department in
activities relating to the prevention, diagnosis, research,
treatment, and rehabilitation of post-traumatic stress disorder
and other mental health conditions in members of the Armed
Forces during the year in which such report is submitted and in
future calendar years; and
(E) an assessment of the progress made toward achieving the
priorities stated in subparagraphs (C) and (D) in the report
under paragraph (1) in the previous year, and a description of
any actions planned during the year in which such report is
submitted to achieve any unfulfilled priorities during such
year.

SEC. 1635. FULLY INTEROPERABLE ELECTRONIC PERSONAL HEALTH INFORMATION
FOR THE DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS
AFFAIRS.

(a) In General.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly--
(1) develop and implement electronic health record systems or
capabilities that allow for full interoperability of personal
health care information between the Department of Defense and the
Department of Veterans Affairs; and
(2) accelerate the exchange of health care information between
the Department of Defense and the Department of Veterans Affairs in
order to support the delivery of health care by both Departments.
(b) Department of Defense-Department of Veterans Affairs
Interagency Program Office.--
(1) In general.--There is hereby established an interagency
program office of the Department of Defense and the Department of
Veterans Affairs (in this section referred to as the ``Office'')
for the purposes described in paragraph (2).
(2) Purposes.--The purposes of the Office shall be as follows:
(A) To act as a single point of accountability for the
Department of Defense and the Department of Veterans Affairs in
the rapid development and implementation of electronic health
record systems or capabilities that allow for full
interoperability of personal health care information between
the Department of Defense and the Department of Veterans
Affairs.
(B) To accelerate the exchange of health care information
between the Department of Defense and the Department of
Veterans Affairs in order to support the delivery of health
care by both Departments.
(c) Leadership.--
(1) Director.--The Director of the Office shall be the head of
the Office.
(2) Deputy director.--The Deputy Director of the Office shall
be the deputy head of the Office and shall assist the Director in
carrying out the duties of the Director.
(3) Appointments.--(A) The Director shall be appointed by the
Secretary of Defense, with the concurrence of the Secretary of
Veterans Affairs, from among persons who are qualified to direct
the development, acquisition, and integration of major information
technology capabilities.
(B) The Deputy Director shall be appointed by the Secretary of
Veterans Affairs, with the concurrence of the Secretary of Defense,
from among employees of the Department of Defense and the
Department of Veterans Affairs in the Senior Executive Service who
are qualified to direct the development, acquisition, and
integration of major information technology capabilities.
(4) Additional guidance.--In addition to the direction,
supervision, and control provided by the Secretary of Defense and
the Secretary of Veterans Affairs, the Office shall also receive
guidance from the Department of Veterans Affairs-Department of
Defense Joint Executive Committee under section 320 of title 38,
United States Code, in the discharge of the functions of the Office
under this section.
(5) Testimony.--Upon request by any of the appropriate
committees of Congress, the Director and the Deputy Director shall
testify before such committee regarding the discharge of the
functions of the Office under this section.
(d) Function.--The function of the Office shall be to implement, by
not later than September 30, 2009, electronic health record systems or
capabilities that allow for full interoperability of personal health
care information between the Department of Defense and the Department
of Veterans Affairs, which health records shall comply with applicable
interoperability standards, implementation specifications, and
certification criteria (including for the reporting of quality
measures) of the Federal Government.
(e) Schedules and Benchmarks.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly establish a schedule and
benchmarks for the discharge by the Office of its function under this
section, including each of the following:
(1) A schedule for the establishment of the Office.
(2) A schedule and deadline for the establishment of the
requirements for electronic health record systems or capabilities
described in subsection (d), including coordination with the Office
of the National Coordinator for Health Information Technology in
the development of a nationwide interoperable health information
technology infrastructure.
(3) A schedule and associated deadlines for any acquisition and
testing required in the implementation of electronic health record
systems or capabilities that allow for full interoperability of
personal health care information between the Department of Defense
and the Department of Veterans Affairs.
(4) A schedule and associated deadlines and requirements for
the implementation of electronic health record systems or
capabilities that allow for full interoperability of personal
health care information between the Department of Defense and the
Department of Veterans Affairs.
(f) Pilot Projects.--
(1) Authority.--In order to assist the Office in the discharge
of its function under this section, the Secretary of Defense and
the Secretary of Veterans Affairs may, acting jointly, carry out
one or more pilot projects to assess the feasibility and
advisability of various technological approaches to the achievement
of the electronic health record systems or capabilities described
in subsection (d).
(2) Sharing of protected health information.--For purposes of
each pilot project carried out under this subsection, the Secretary
of Defense and the Secretary of Veterans Affairs shall, for
purposes of the regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note), ensure the effective sharing of protected
health information between the health care system of the Department
of Defense and the health care system of the Department of Veterans
Affairs as needed to provide all health care services and other
benefits allowed by law.
(g) Staff and Other Resources.--
(1) In general.--The Secretary of Defense and the Secretary of
Veterans Affairs shall assign to the Office such personnel and
other resources of the Department of Defense and the Department of
Veterans Affairs as are required for the discharge of its function
under this section.
(2) Additional services.--Subject to the approval of the
Secretary of Defense and the Secretary of Veterans Affairs, the
Director may utilize the services of private individuals and
entities as consultants to the Office in the discharge of its
function under this section. Amounts available to the Office shall
be available for payment for such services.
(h) Annual Reports.--
(1) In general.--Not later than January 1, 2009, and each year
thereafter through 2014, the Director shall submit to the Secretary
of Defense and the Secretary of Veterans Affairs, and to the
appropriate committees of Congress, a report on the activities of
the Office during the preceding calendar year. Each report shall
include, for the year covered by such report, the following:
(A) A detailed description of the activities of the Office,
including a detailed description of the amounts expended and
the purposes for which expended.
(B) An assessment of the progress made by the Department of
Defense and the Department of Veterans Affairs in the full
implementation of electronic health record systems or
capabilities described in subsection (d).
(2) Availability to public.--The Secretary of Defense and the
Secretary of Veterans Affairs shall make available to the public
each report submitted under paragraph (1), including by posting
such report on the Internet website of the Department of Defense
and the Department of Veterans Affairs, respectively, that is
available to the public.
(i) Comptroller General Assessment of Implementation.--Not later
than six months after the date of the enactment of this Act and every
six months thereafter until the completion of the implementation of
electronic health record systems or capabilities described in
subsection (d), the Comptroller General of the United States shall
submit to the appropriate committees of Congress a report setting forth
the assessment of the Comptroller General of the progress of the
Department of Defense and the Department of Veterans Affairs in
implementing electronic health record systems or capabilities described
in subsection (d).

SEC. 1636. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT OF DEFENSE
FOR HEALTH CARE PROFESSIONALS FOR CARE AND TREATMENT OF
WOUNDED AND INJURED MEMBERS OF THE ARMED FORCES.

(a) In General.--Section 1599c of title 10, United States Code, is
amended to read as follows:

``Sec. 1599c. Health care professionals: enhanced appointment and
compensation authority for personnel for care and treatment
of wounded and injured members of the armed forces

``(a) In General.--The Secretary of Defense may, at the discretion
of the Secretary, exercise any authority for the appointment and pay of
health care personnel under chapter 74 of title 38 for purposes of the
recruitment, employment, and retention of civilian health care
professionals for the Department of Defense if the Secretary determines
that the exercise of such authority is necessary in order to provide or
enhance the capacity of the Department to provide care and treatment
for members of the armed forces who are wounded or injured on active
duty in the armed forces and to support the ongoing patient care and
medical readiness, education, and training requirements of the
Department of Defense.
``(b) Recruitment of Personnel.--(1) The Secretaries of the
military departments shall each develop and implement a strategy to
disseminate among appropriate personnel of the military departments
authorities and best practices for the recruitment of medical and
health professionals, including the authorities under subsection (a).
``(2) Each strategy under paragraph (1) shall--
``(A) assess current recruitment policies, procedures, and
practices of the military department concerned to assure that such
strategy facilitates the implementation of efficiencies which
reduce the time required to fill vacant positions for medical and
health professionals; and
``(B) clearly identify processes and actions that will be used
to inform and educate military and civilian personnel responsible
for the recruitment of medical and health professionals.
``(c) Termination of Authority.--The authority of the Secretary of
Defense to exercise authorities available under chapter 74 of title 38
for purposes of the recruitment, employment, and retention of civilian
health care professionals for the Department of Defense expires
September 30, 2010.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by striking the item relating to
section 1599c and inserting the following new item:

``1599c. Health care professionals: enhanced appointment and
compensation authority for personnel for care and treatment of
wounded and injured members of the armed forces.''.

(c) Reports on Strategies on Recruitment of Medical and Health
Professionals.--Not later than six months after the date of the
enactment of this Act, each Secretary of a military department shall
submit to the congressional defense committees a report setting forth
the strategy developed by such Secretary under section 1599c(b) of
title 10, United States Code, as added by subsection (a).

SEC. 1637. CONTINUATION OF TRANSITIONAL HEALTH BENEFITS FOR MEMBERS OF
THE ARMED FORCES PENDING RESOLUTION OF SERVICE-RELATED
MEDICAL CONDITIONS.

Section 1145(a) of title 10, United States Code, is amended--
(1) in paragraph (3), by striking ``Transitional health care''
and inserting ``Except as provided in paragraph (6), transitional
health care''; and
(2) by adding at the end the following new paragraph:
``(6)(A) A member who has a medical condition relating to service
on active duty that warrants further medical care that has been
identified during the member's 180-day transition period, which
condition can be resolved within 180 days as determined by a Department
of Defense physician, shall be entitled to receive medical and dental
care for that medical condition, and that medical condition only, as if
the member were a member of the armed forces on active duty for 180
days following the diagnosis of the condition.
``(B) The Secretary concerned shall ensure that the Defense
Enrollment and Eligibility Reporting System (DEERS) is continually
updated in order to reflect the continuing entitlement of members
covered by subparagraph (A) to the medical and dental care referred to
in that subparagraph.''.

Subtitle D--Disability Matters

SEC. 1641. UTILIZATION OF VETERANS' PRESUMPTION OF SOUND CONDITION IN
ESTABLISHING ELIGIBILITY OF MEMBERS OF THE ARMED FORCES
FOR RETIREMENT FOR DISABILITY.

(a) Retirement of Regulars and Members on Active Duty for More Than
30 Days.--Clause (i) of section 1201(b)(3)(B) of title 10, United
States Code, is amended to read as follows:
``(i) the member has six months or more of active
military service and the disability was not noted at the
time of the member's entrance on active duty (unless
compelling evidence or medical judgment is such to warrant
a finding that the disability existed before the member's
entrance on active duty);''.
(b) Separation of Regulars and Members on Active Duty for More Than
30 Days.--Section 1203(b)(4)(B) of such title is amended by striking
``and the member has at least eight years of service computed under
section 1208 of this title'' and inserting ``, the member has six
months or more of active military service, and the disability was not
noted at the time of the member's entrance on active duty (unless
evidence or medical judgment is such to warrant a finding that the
disability existed before the member's entrance on active duty)''.

SEC. 1642. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF DEFENSE
DETERMINATIONS OF DISABILITY WITH RESPECT TO MEMBERS OF
THE ARMED FORCES.

(a) In General.--Chapter 61 of title 10, United States Code, is
amended by inserting after section 1216 the following new section:

``Sec. 1216a. Determinations of disability: requirements and
limitations on determinations

``(a) Utilization of VA Schedule for Rating Disabilities in
Determinations of Disability.--(1) In making a determination of
disability of a member of the armed forces for purposes of this
chapter, the Secretary concerned--
``(A) shall, to the extent feasible, utilize the schedule for
rating disabilities in use by the Department of Veterans Affairs,
including any applicable interpretation of the schedule by the
United States Court of Appeals for Veterans Claims; and
``(B) except as provided in paragraph (2), may not deviate from
the schedule or any such interpretation of the schedule.
``(2) In making a determination described in paragraph (1), the
Secretary concerned may utilize in lieu of the schedule described in
that paragraph such criteria as the Secretary of Defense and the
Secretary of Veterans Affairs may jointly prescribe for purposes of
this subsection if the utilization of such criteria will result in a
determination of a greater percentage of disability than would be
otherwise determined through the utilization of the schedule.
``(b) Consideration of All Medical Conditions.--In making a
determination of the rating of disability of a member of the armed
forces for purposes of this chapter, the Secretary concerned shall take
into account all medical conditions, whether individually or
collectively, that render the member unfit to perform the duties of the
member's office, grade, rank, or rating.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 61 of such title is amended by inserting after the item
relating to section 1216 the following new item:

``1216a. Determinations of disability: requirements and limitations on
determinations.''.

SEC. 1643. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED FORCES
SEPARATED FROM SERVICE WITH A DISABILITY RATING OF 20
PERCENT DISABLED OR LESS.

(a) Board Required.--
(1) In general.--Chapter 79 of title 10, United States Code, is
amended by inserting after section 1554 the following new section:

``Sec. 1554a. Review of separation with disability rating of 20 percent
disabled or less

``(a) In General.--(1) The Secretary of Defense shall establish
within the Office of the Secretary of Defense a board of review to
review the disability determinations of covered individuals by Physical
Evaluation Boards. The board shall be known as the `Physical Disability
Board of Review'.
``(2) The Physical Disability Board of Review shall consist of not
less than three members appointed by the Secretary.
``(b) Covered Individuals.--For purposes of this section, covered
individuals are members and former members of the armed forces who,
during the period beginning on September 11, 2001, and ending on
December 31, 2009--
``(1) are separated from the armed forces due to unfitness for
duty due to a medical condition with a disability rating of 20
percent disabled or less; and
``(2) are found to be not eligible for retirement.
``(c) Review.--(1) Upon the request of a covered individual, or a
surviving spouse, next of kin, or legal representative of a covered
individual, the Physical Disability Board of Review shall review the
findings and decisions of the Physical Evaluation Board with respect to
such covered individual. Subject to paragraph (3), upon its own motion,
the Physical Disability Board of Review may review the findings and
decisions of the Physical Evaluation Board with respect to a covered
individual.
``(2) The review by the Physical Disability Board of Review under
paragraph (1) shall be based on the records of the armed force
concerned and such other evidence as may be presented to the Physical
Disability Board of Review. A witness may present evidence to the Board
by affidavit or by any other means considered acceptable by the
Secretary of Defense.
``(3) If the Physical Disability Board of Review proposes to
review, upon its own motion, the findings and decisions of the Physical
Evaluation Board with respect to a covered individual, the Physical
Disability Board of Review shall notify the covered individual, or a
surviving spouse, next of kin, or legal representative of the covered
individual, of the proposed review and obtain the consent of the
covered individual or a surviving spouse, next of kin, or legal
representative of the covered individual before proceeding with the
review.
``(4) With respect to any review by the Physical Disability Board
of Review of the findings and decisions of the Physical Evaluation
Board with respect to a covered individual, whether initiated at the
request of the covered individual or a surviving spouse, next of kin,
or legal representative of the covered individual or initiated by the
Physical Disability Board of Review, the Physical Disability Board of
Review shall notify the covered individual or a surviving spouse, next
of kin, or legal representative of the covered individual that, as a
result of the request or consent, the covered individual or a surviving
spouse, next of kin, or legal representative of the covered individual
may not seek relief from the Board for Correction of Military Records
operated by the Secretary concerned.
``(d) Authorized Recommendations.--The Physical Disability Board of
Review may, as a result of its findings under a review under subsection
(c), recommend to the Secretary concerned the following (as applicable)
with respect to a covered individual:
``(1) No recharacterization of the separation of such
individual or modification of the disability rating previously
assigned such individual.
``(2) The recharacterization of the separation of such
individual to retirement for disability.
``(3) The modification of the disability rating previously
assigned such individual by the Physical Evaluation Board
concerned, which modified disability rating may not be a reduction
of the disability rating previously assigned such individual by
that Physical Evaluation Board.
``(4) The issuance of a new disability rating for such
individual.
``(e) Correction of Military Records.--(1) The Secretary concerned
may correct the military records of a covered individual in accordance
with a recommendation made by the Physical Disability Board of Review
under subsection (d). Any such correction may be made effective as of
the effective date of the action taken on the report of the Physical
Evaluation Board to which such recommendation relates.
``(2) In the case of a member previously separated pursuant to the
findings and decision of a Physical Evaluation Board together with a
lump-sum or other payment of back pay and allowances at separation, the
amount of pay or other monetary benefits to which such member would be
entitled based on the member's military record as corrected shall be
reduced to take into account receipt of such lump-sum or other payment
in such manner as the Secretary of Defense considers appropriate.
``(3) If the Physical Disability Board of Review makes a
recommendation not to correct the military records of a covered
individual, the action taken on the report of the Physical Evaluation
Board to which such recommendation relates shall be treated as final as
of the date of such action.
``(f) Regulations.--(1) This section shall be carried out in
accordance with regulations prescribed by the Secretary of Defense.
``(2) The regulations under paragraph (1) shall specify reasonable
deadlines for the performance of reviews required by this section.
``(3) The regulations under paragraph (1) shall specify the effect
of a determination or pending determination of a Physical Evaluation
Board on considerations by boards for correction of military records
under section 1552 of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 79 of such title is amended by inserting after the item
relating to section 1554 the following new item:

``1554a. Review of separation with disability rating of 20 percent
disabled or less.''.

(b) Implementation.--The Secretary of Defense shall establish the
board of review required by section 1554a of title 10, United States
Code (as added by subsection (a)), and prescribe the regulations
required by such section, not later than 90 days after the date of the
enactment of this Act.

SEC. 1644. AUTHORIZATION OF PILOT PROGRAMS TO IMPROVE THE DISABILITY
EVALUATION SYSTEM FOR MEMBERS OF THE ARMED FORCES.

(a) Pilot Programs.--
(1) Programs authorized.--For the purposes set forth in
subsection (c), the Secretary of Defense may establish and conduct
pilot programs with respect to the system of the Department of
Defense for the evaluation of the disabilities of members of the
Armed Forces who are being separated or retired from the Armed
Forces for disability under chapter 61 of title 10, United States
Code (in this section referred to as the ``disability evaluation
system'').
(2) Types of pilot programs.--In carrying out this section, the
Secretary of Defense may conduct one or more of the pilot programs
described in paragraphs (1) through (3) of subsection (b) or such
other pilot programs as the Secretary of Defense considers
appropriate.
(3) Consultation.--In establishing and conducting any pilot
program under this section, the Secretary of Defense shall consult
with the Secretary of Veterans Affairs.
(b) Scope of Pilot Programs.--
(1) Disability determinations by dod utilizing va assigned
disability rating.--Under one of the pilot programs authorized by
subsection (a), for purposes of making a determination of
disability of a member of the Armed Forces under section 1201(b) of
title 10, United States Code, for the retirement, separation, or
placement of the member on the temporary disability retired list
under chapter 61 of such title, upon a determination by the
Secretary of the military department concerned that the member is
unfit to perform the duties of the member's office, grade, rank, or
rating because of a physical disability as described in section
1201(a) of such title--
(A) the Secretary of Veterans Affairs may--
(i) conduct an evaluation of the member for physical
disability; and
(ii) assign the member a rating of disability in
accordance with the schedule for rating disabilities
utilized by the Secretary of Veterans Affairs based on all
medical conditions (whether individually or collectively)
that render the member unfit for duty; and
(B) the Secretary of the military department concerned may
make the determination of disability regarding the member
utilizing the rating of disability assigned under subparagraph
(A)(ii).
(2) Disability determinations utilizing joint dod/va assigned
disability rating.--Under one of the pilot programs authorized by
subsection (a), in making a determination of disability of a member
of the Armed Forces under section 1201(b) of title 10, United
States Code, for the retirement, separation, or placement of the
member on the temporary disability retired list under chapter 61 of
such title, the Secretary of the military department concerned may,
upon determining that the member is unfit to perform the duties of
the member's office, grade, rank, or rating because of a physical
disability as described in section 1201(a) of such title--
(A) provide for the joint evaluation of the member for
disability by the Secretary of the military department
concerned and the Secretary of Veterans Affairs, including the
assignment of a rating of disability for the member in
accordance with the schedule for rating disabilities utilized
by the Secretary of Veterans Affairs based on all medical
conditions (whether individually or collectively) that render
the member unfit for duty; and
(B) make the determination of disability regarding the
member utilizing the rating of disability assigned under
subparagraph (A).
(3) Electronic clearing house.--Under one of the pilot programs
authorized by subsection (a), the Secretary of Defense may
establish and operate a single Internet website for the disability
evaluation system of the Department of Defense that enables
participating members of the Armed Forces to fully utilize such
system through the Internet, with such Internet website to include
the following:
(A) The availability of any forms required for the
utilization of the disability evaluation system by members of
the Armed Forces under the system.
(B) Secure mechanisms for the submission of such forms by
members of the Armed Forces under the system, and for the
tracking of the acceptance and review of any forms so
submitted.
(C) Secure mechanisms for advising members of the Armed
Forces under the system of any additional information, forms,
or other items that are required for the acceptance and review
of any forms so submitted.
(D) The continuous availability of assistance to members of
the Armed Forces under the system (including assistance through
the caseworkers assigned to such members of the Armed Forces)
in submitting and tracking such forms, including assistance in
obtaining information, forms, or other items described by
subparagraph (C).
(E) Secure mechanisms to request and receive personnel
files or other personnel records of members of the Armed Forces
under the system that are required for submission under the
disability evaluation system, including the capability to track
requests for such files or records and to determine the status
of such requests and of responses to such requests.
(4) Other pilot programs.--The pilot programs authorized by
subsection (a) may also provide for the development, evaluation,
and identification of such practices and procedures under the
disability evaluation system as the Secretary considers appropriate
for purposes set forth in subsection (c).
(c) Purposes.--A pilot program established under subsection (a) may
have one or more of the following purposes:
(1) To provide for the development, evaluation, and
identification of revised and improved practices and procedures
under the disability evaluation system in order to--
(A) reduce the processing time under the disability
evaluation system of members of the Armed Forces who are likely
to be retired or separated for disability, and who have not
requested continuation on active duty, including, in
particular, members who are severely wounded;
(B) identify and implement or seek the modification of
statutory or administrative policies and requirements
applicable to the disability evaluation system that--
(i) are unnecessary or contrary to applicable best
practices of civilian employers and civilian healthcare
systems; or
(ii) otherwise result in hardship, arbitrary, or
inconsistent outcomes for members of the Armed Forces, or
unwarranted inefficiencies and delays;
(C) eliminate material variations in policies,
interpretations, and overall performance standards among the
military departments under the disability evaluation system;
and
(D) determine whether it enhances the capability of the
Department of Veterans Affairs to receive and determine claims
from members of the Armed Forces for compensation, pension,
hospitalization, or other veterans benefits.
(2) In conjunction with the findings and recommendations of
applicable Presidential and Department of Defense study groups, to
provide for the eventual development of revised and improved
practices and procedures for the disability evaluation system in
order to achieve the objectives set forth in paragraph (1).
(d) Utilization of Results in Updates of Comprehensive Policy on
Care, Management, and Transition of Recovering Service Members.--The
Secretary of Defense and the Secretary of Veterans Affairs, acting
jointly, may incorporate responses to any findings and recommendations
arising under the pilot programs conducted under subsection (a) in
updating the comprehensive policy on the care and management of covered
service members under section 1611(a)(4).
(e) Construction With Other Authorities.--
(1) In general.--Subject to paragraph (2), in carrying out a
pilot program under subsection (a)--
(A) the rules and regulations of the Department of Defense
and the Department of Veterans Affairs relating to methods of
determining fitness or unfitness for duty and disability
ratings for members of the Armed Forces shall apply to the
pilot program only to the extent provided in the report on the
pilot program under subsection (g)(1); and
(B) the Secretary of Defense and the Secretary of Veterans
Affairs may waive any provision of title 10, 37, or 38, United
States Code, relating to methods of determining fitness or
unfitness for duty and disability ratings for members of the
Armed Forces if the Secretaries determine in writing that the
application of such provision would be inconsistent with the
purpose of the pilot program.
(2) Limitation.--Nothing in paragraph (1) shall be construed to
authorize the waiver of any provision of section 1216a of title 10,
United States Code, as added by section 1642 of this Act.
(f) Duration.--Each pilot program conducted under subsection (a)
shall be completed not later than one year after the date of the
commencement of such pilot program under that subsection.
(g) Reports.--
(1) Initial report.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the appropriate committees of Congress a report on each pilot
program that has been commenced as of that date under subsection
(a). The report shall include--
(A) a description of the scope and objectives of the pilot
program;
(B) a description of the methodology to be used under the
pilot program to ensure rapid identification under such pilot
program of revised or improved practices under the disability
evaluation system in order to achieve the objectives set forth
in subsection (c)(1); and
(C) a statement of any provision described in subsection
(e)(1)(B) that will not apply to the pilot program by reason of
a waiver under that subsection.
(2) Interim report.--Not later than 180 days after the date of
the submittal of the report required by paragraph (1) with respect
to a pilot program, the Secretary shall submit to the appropriate
committees of Congress a report describing the current status of
the pilot program.
(3) Final report.--Not later than 90 days after the completion
of all of the pilot programs conducted under subsection (a), the
Secretary shall submit to the appropriate committees of Congress a
report setting forth a final evaluation and assessment of the pilot
programs. The report shall include such recommendations for
legislative or administrative action as the Secretary considers
appropriate in light of such pilot programs.

SEC. 1645. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO DEFICIENCIES IN
THE ARMY PHYSICAL DISABILITY EVALUATION SYSTEM.

(a) Reports Required.--Not later than June 1, 2008, and June 1,
2009, the Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of corrective
measures by the Department of Defense with respect to the Physical
Disability Evaluation System (PDES) in response to the following:
(1) The report of the Inspector General of the Army on that
system of March 6, 2007.
(2) The report of the Independent Review Group on
Rehabilitation Care and Administrative Processes at Walter Reed
Army Medical Center and National Naval Medical Center.
(3) The report of the Department of Veterans Affairs Task Force
on Returning Global War on Terror Heroes.
(b) Elements of Report.--Each report under subsection (a) shall
include current information on the following:
(1) The total number of cases, and the number of cases
involving combat disabled service members, pending resolution
before the Medical and Physical Disability Evaluation Boards of the
Army, including information on the number of members of the Army
who have been in a medical hold or holdover status for more than
each of 100, 200, and 300 days.
(2) The status of the implementation of modifications to
disability evaluation processes of the Department of Defense in
response to the following:
(A) The report of the Inspector General on such processes
dated March 6, 2007.
(B) The report of the Independent Review Group on
Rehabilitation Care and Administrative Processes at Walter Reed
Army Medical Center and National Naval Medical Center.
(C) The report of the Department of Veterans Affairs Task
Force on Returning Global War on Terror Heroes.
(c) Posting on Internet.--Not later than 24 hours after submitting
a report under subsection (a), the Secretary shall post such report on
the Internet website of the Department of Defense that is available to
the public.

SEC. 1646. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR MEMBERS OF THE
ARMED FORCES.

(a) In General.--Section 1212 of title 10, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``his years of service,
but not more than 12, computed under section 1208 of this title''
in the matter preceding subparagraph (A) and inserting ``the
member's years of service computed under section 1208 of this title
(subject to the minimum and maximum years of service provided for
in subsection (c))'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) The minimum years of service of a member for purposes of
subsection (a)(1) shall be as follows:
``(A) Six years in the case of a member separated from the
armed forces for a disability incurred in line of duty in a combat
zone (as designated by the Secretary of Defense for purposes of
this subsection) or incurred during the performance of duty in
combat-related operations as designated by the Secretary of
Defense.
``(B) Three years in the case of any other member.
``(2) The maximum years of service of a member for purposes of
subsection (a)(1) shall be 19 years.''.
(b) No Deduction From Compensation of Severance Pay for
Disabilities Incurred in Combat Zones.--Subsection (d) of such section,
as redesignated by subsection (a)(2) of this section, is further
amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking the second sentence; and
(3) by adding at the end the following new paragraphs:
``(2) No deduction may be made under paragraph (1) in the case of
disability severance pay received by a member for a disability incurred
in line of duty in a combat zone or incurred during performance of duty
in combat-related operations as designated by the Secretary of Defense.
``(3) No deduction may be made under paragraph (1) from any death
compensation to which a member's dependents become entitled after the
member's death.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to members of the Armed Forces separated from the Armed Forces
under chapter 61 of title 10, United States Code, on or after that
date.

SEC. 1647. ASSESSMENTS OF CONTINUING UTILITY AND FUTURE ROLE OF
TEMPORARY DISABILITY RETIRED LIST.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing--
(1) a statistical history since January 1, 2000, of the numbers
of members of the Armed Forces who are returned to duty or
separated following a tenure on the temporary disability retired
list and, in the case of members who were separated, how many of
the members were granted disability separation or retirement and
what were their disability ratings;
(2) the results of the assessments required by subsection (b);
and
(3) such recommendations for the modification or improvement of
the temporary disability retired list as the Secretary considers
appropriate in response to the assessments.
(b) Required Assessments.--The assessments required to be conducted
as part of the report under subsection (a) are the following:
(1) An assessment of the continuing utility of the temporary
disability retired list in satisfying the purposes for which the
temporary disability retired list was established.
(2) An assessment of the need to require that the condition of
a member be permanent and stable before the member is separated
with less than a 30 percent disability rating prior to exceeding
the maximum tenure allowed on the temporary disability retired
list.
(3) An assessment of the future role of the temporary
disability retired list in the Disability Evaluation System of the
Department of Defense and the changes in policy and law required to
fulfill the future role of the temporary disability retire list.

SEC. 1648. STANDARDS FOR MILITARY MEDICAL TREATMENT FACILITIES,
SPECIALTY MEDICAL CARE FACILITIES, AND MILITARY QUARTERS
HOUSING PATIENTS AND ANNUAL REPORT ON SUCH FACILITIES.

(a) Establishment of Standards.--The Secretary of Defense shall
establish for the military facilities of the Department of Defense and
the military departments referred to in subsection (b) standards with
respect to the matters set forth in subsection (c). To the maximum
extent practicable, the standards shall--
(1) be uniform and consistent for all such facilities; and
(2) be uniform and consistent throughout the Department of
Defense and the military departments.
(b) Covered Military Facilities.--The military facilities covered
by this section are the following:
(1) Military medical treatment facilities.
(2) Specialty medical care facilities.
(3) Military quarters or leased housing for patients.
(c) Scope of Standards.--The standards required by subsection (a)
shall include the following:
(1) Generally accepted standards for the accreditation of
medical facilities, or for facilities used to quarter individuals
that may require medical supervision, as applicable, in the United
States.
(2) To the extent not inconsistent with the standards described
in paragraph (1), minimally acceptable conditions for the
following:
(A) Appearance and maintenance of facilities generally,
including the structure and roofs of facilities.
(B) Size, appearance, and maintenance of rooms housing or
utilized by patients, including furniture and amenities in such
rooms.
(C) Operation and maintenance of primary and back-up
facility utility systems and other systems required for patient
care, including electrical systems, plumbing systems, heating,
ventilation, and air conditioning systems, communications
systems, fire protection systems, energy management systems,
and other systems required for patient care.
(D) Compliance of facilities, rooms, and grounds, to the
maximum extent practicable, with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(E) Such other matters relating to the appearance, size,
operation, and maintenance of facilities and rooms as the
Secretary considers appropriate.
(d) Compliance With Standards.--
(1) Deadline.--In establishing standards under subsection (a),
the Secretary shall specify a deadline for compliance with such
standards by each facility referred to in subsection (b). The
deadline shall be at the earliest date practicable after the date
of the enactment of this Act, and shall, to the maximum extent
practicable, be uniform across the facilities referred to in
subsection (b).
(2) Investment.--In carrying out this section, the Secretary
shall also establish guidelines for investment to be utilized by
the Department of Defense and the military departments in
determining the allocation of financial resources to facilities
referred to in subsection (b) in order to meet the deadline
specified under paragraph (1).
(e) Report on Development and Implementation of Standards.--
(1) In general.--Not later than March 1, 2008, the Secretary
shall submit to the congressional defense committees a report on
the actions taken to carry out subsection (a).
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) The standards established under subsection (a).
(B) An assessment of the appearance, condition, and
maintenance of each facility referred to in subsection (b),
including--
(i) an assessment of the compliance of the facility
with the standards established under subsection (a); and
(ii) a description of any deficiency or noncompliance
in each facility with the standards.
(C) A description of the investment to be allocated to
address each deficiency or noncompliance identified under
subparagraph (B)(ii).
(f) Annual Report.--Not later than the date on which the President
submits the budget for a fiscal year to Congress pursuant to section
1105 of title 31, United States Code, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the adequacy, suitability, and quality of
each facility referred to in subsection (b). The Secretary shall
include in each report information regarding--
(1) any deficiencies in the adequacy, quality, or state of
repair of medical-related support facilities raised as a result of
information received during the period covered by the report
through the toll-free hot line required by section 1616; and
(2) the investigations conducted and plans of action prepared
under such section to respond to such deficiencies.

SEC. 1649. REPORTS ON ARMY MEDICAL ACTION PLAN IN RESPONSE TO
DEFICIENCIES IDENTIFIED AT WALTER REED ARMY MEDICAL
CENTER, DISTRICT OF COLUMBIA.

Not later than 30 days after the date of the enactment of this Act,
and every 180 days thereafter until March 1, 2009, the Secretary of
Defense shall submit to the congressional defense committees a report
on the implementation of the Army Medical Action Plan to correct
deficiencies identified in the condition of facilities and patient
administration.

SEC. 1650. REQUIRED CERTIFICATIONS IN CONNECTION WITH CLOSURE OF WALTER
REED ARMY MEDICAL CENTER, DISTRICT OF COLUMBIA.

(a) Certifications.--In implementing the decision to close Walter
Reed Army Medical Center, District of Columbia, required as a result of
the 2005 round of defense base closure and realignment under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; U.S.C. 2687 note), the Secretary of Defense
shall submit to the congressional defense committees a certification of
each of the following:
(1) That a transition plan has been developed, and resources
have been committed, to ensure that patient care services, medical
operations, and facilities are sustained at the highest possible
level at Walter Reed Army Medical Center until facilities to
replace Walter Reed Army Medical Center are staffed and ready to
assume at least the same level of care previously provided at
Walter Reed Army Medical Center.
(2) That the closure of Walter Reed Army Medical Center will
not result in a net loss of capacity in the major medical centers
in the National Capitol Region in terms of total bed capacity or
staffed bed capacity.
(3) That the capacity of medical hold and out-patient lodging
facilities operating at Walter Reed Army Medical Center as of the
date of the certification will be available in sufficient
quantities at the facilities designated to replace Walter Reed Army
Medical Center by the date of the closure of Walter Reed Army
Medical Center.
(b) Time for Submittal.--The Secretary shall submit the
certifications required by subsection (a) not later than 90 days after
the date of the enactment of this Act. If the Secretary is unable to
make one or more of the certifications by the end of the 90-day period,
the Secretary shall notify the congressional defense committees of the
delay and the reasons for the delay.

SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON COMPENSATION AND
BENEFITS AVAILABLE FOR SERIOUS INJURIES AND ILLNESSES.

(a) Information on Available Compensation and Benefits.--Not later
than October 1, 2008, the Secretary of Defense shall develop and
maintain, in handbook and electronic form, a comprehensive description
of the compensation and other benefits to which a member of the Armed
Forces, and the family of such member, would be entitled upon the
separation or retirement of the member from the Armed Forces as a
result of a serious injury or illness. The handbook shall set forth the
range of such compensation and benefits based on grade, length of
service, degree of disability at separation or retirement, and such
other factors affecting such compensation and benefits as the Secretary
considers appropriate.
(b) Consultation.--The Secretary of Defense shall develop and
maintain the comprehensive description required by subsection (a),
including the handbook and electronic form of the description, in
consultation with the Secretary of Veterans Affairs, the Secretary of
Health and Human Services, and the Commissioner of Social Security.
(c) Update.--The Secretary of Defense shall update the
comprehensive description required by subsection (a), including the
handbook and electronic form of the description, on a periodic basis,
but not less often than annually.
(d) Provision to Members.--The Secretary of the military department
concerned shall provide the descriptive handbook under subsection (a)
to each member of the Armed Forces described in that subsection as soon
as practicable following the injury or illness qualifying the member
for coverage under such subsection.
(e) Provision to Representatives.--If a member is incapacitated or
otherwise unable to receive the descriptive handbook to be provided
under subsection (a), the handbook shall be provided to the next of kin
or a legal representative of the member, as determined in accordance
with regulations prescribed by the Secretary of the military department
concerned for purposes of this section.

Subtitle E--Studies and Reports

SEC. 1661. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER READJUSTMENT
NEEDS OF MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES
WHO DEPLOYED IN OPERATION IRAQI FREEDOM AND OPERATION
ENDURING FREEDOM AND THEIR FAMILIES.

(a) Study Required.--The Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, enter into an
agreement with the National Academy of Sciences for a study on the
physical and mental health and other readjustment needs of members and
former members of the Armed Forces who deployed in Operation Iraqi
Freedom or Operation Enduring Freedom and their families as a result of
such deployment.
(b) Phases.--The study required under subsection (a) shall consist
of two phases:
(1) A preliminary phase, to be completed not later than one
year after the date of the enactment of this Act--
(A) to identify preliminary findings on the physical and
mental health and other readjustment needs described in
subsection (a) and on gaps in care for the members, former
members, and families described in that subsection; and
(B) to determine the parameters of the second phase of the
study under paragraph (2).
(2) A second phase, to be completed not later than three years
after the date of the enactment of this Act, to carry out a
comprehensive assessment, in accordance with the parameters
identified under the preliminary report required by paragraph (1),
of the physical and mental health and other readjustment needs of
members and former members of the Armed Forces who deployed in
Operation Iraqi Freedom or Operation Enduring Freedom and their
families as a result of such deployment, including, at a minimum--
(A) an assessment of the psychological, social, and
economic impacts of such deployment on such members and former
members and their families;
(B) an assessment of the particular impacts of multiple
deployments in Operation Iraqi Freedom or Operation Enduring
Freedom on such members and former members and their families;
(C) an assessment of the full scope of the neurological,
psychiatric, and psychological effects of traumatic brain
injury on members and former members of the Armed Forces,
including the effects of such effects on the family members of
such members and former members, and an assessment of the
efficacy of current treatment approaches for traumatic brain
injury in the United States and the efficacy of screenings and
treatment approaches for traumatic brain injury within the
Department of Defense and the Department of Veterans Affairs;
(D) an assessment of the effects of undiagnosed injuries
such as post-traumatic stress disorder and traumatic brain
injury, an estimate of the long-term costs associated with such
injuries, and an assessment of the efficacy of screenings and
treatment approaches for post-traumatic stress disorder and
other mental health conditions within the Department of Defense
and Department of Veterans Affairs;
(E) an assessment of the gender- and ethnic group-specific
needs and concerns of members of the Armed Forces and veterans;
(F) an assessment of the particular needs and concerns of
children of members of the Armed Forces, taking into account
differing age groups, impacts on development and education, and
the mental and emotional well being of children;
(G) an assessment of the particular educational and
vocational needs of such members and former members and their
families, and an assessment of the efficacy of existing
educational and vocational programs to address such needs;
(H) an assessment of the impacts on communities with high
populations of military families, including military housing
communities and townships with deployed members of the National
Guard and Reserve, of deployments associated with Operation
Iraqi Freedom and Operation Enduring Freedom, and an assessment
of the efficacy of programs that address community outreach and
education concerning military deployments of community
residents;
(I) an assessment of the impacts of increasing numbers of
older and married members of the Armed Forces on readjustment
requirements;
(J) the development, based on such assessments, of
recommendations for programs, treatments, or policy remedies
targeted at preventing, minimizing, or addressing the impacts,
gaps, and needs identified; and
(K) the development, based on such assessments, of
recommendations for additional research on such needs.
(c) Populations To Be Studied.--The study required under subsection
(a) shall consider the readjustment needs of each population of
individuals as follows:
(1) Members of the regular components of the Armed Forces who
are returning, or have returned, to the United States from
deployment in Operation Iraqi Freedom or Operation Enduring
Freedom.
(2) Members of the National Guard and Reserve who are
returning, or have returned, to the United States from deployment
in Operation Iraqi Freedom or Operation Enduring Freedom.
(3) Veterans of Operation Iraqi Freedom or Operation Enduring
Freedom.
(4) Family members of the members and veterans described in
paragraphs (1) through (3).
(d) Access to Information.--The National Academy of Sciences shall
have access to such personnel, information, records, and systems of the
Department of Defense and the Department of Veterans Affairs as the
National Academy of Sciences requires in order to carry out the study
required under subsection (a).
(e) Privacy of Information.--The National Academy of Sciences shall
maintain any personally identifiable information accessed by the
Academy in carrying out the study required under subsection (a) in
accordance with all applicable laws, protections, and best practices
regarding the privacy of such information, and may not permit access to
such information by any persons or entities not engaged in work under
the study.
(f) Reports by National Academy of Sciences.--Upon the completion
of each phase of the study required under subsection (a), the National
Academy of Sciences shall submit to the Secretary of Defense, the
Secretary of Veterans Affairs, and the congressional defense committees
a report on such phase of the study.
(g) DoD and VA Response to NAS Reports.--Not later than 90 days
after the receipt of a report under subsection (f) on each phase of the
study required under subsection (a), the Secretary of Defense and the
Secretary of Veterans Affairs shall develop a final joint Department of
Defense-Department of Veterans Affairs response to the findings and
recommendations of the National Academy of Sciences contained in such
report.

SEC. 1662. ACCESS OF RECOVERING SERVICE MEMBERS TO ADEQUATE OUTPATIENT
RESIDENTIAL FACILITIES.

(a) Required Inspections of Facilities.--All quarters of the United
States and housing facilities under the jurisdiction of the Armed
Forces that are occupied by recovering service members shall be
inspected on a semiannual basis for the first two years after the
enactment of this Act and annually thereafter by the inspectors general
of the regional medical commands.
(b) Inspector General Reports.--The inspector general for each
regional medical command shall--
(1) submit a report on each inspection of a facility conducted
under subsection (a) to the post commander at such facility, the
commanding officer of the hospital affiliated with such facility,
the surgeon general of the military department that operates such
hospital, the Secretary of the military department concerned, the
Assistant Secretary of Defense for Health Affairs, and the
congressional defense committees; and
(2) post each such report on the Internet website of such
regional medical command.

SEC. 1663. STUDY AND REPORT ON SUPPORT SERVICES FOR FAMILIES OF
RECOVERING SERVICE MEMBERS.

(a) Study Required.--The Secretary of Defense shall conduct a study
of the provision of support services for families of recovering service
members.
(b) Matters Covered.--The study under subsection (a) shall include
the following:
(1) A determination of the types of support services, including
job placement services, that are currently provided by the
Department of Defense to eligible family members, and the cost of
providing such services.
(2) A determination of additional types of support services
that would be feasible for the Department to provide to such family
members, and the costs of providing such services, including the
following types of services:
(A) The provision of medical care at military medical
treatment facilities.
(B) The provision of additional employment services, and
the need for employment protection, of such family members who
are placed on leave from employment or otherwise displaced from
employment while caring for a recovering service member for
more than 45 days during a one-year period.
(C) The provision of meals without charge at military
medical treatment facilities.
(3) A survey of military medical treatment facilities to
estimate the number of family members to whom the support services
would be provided.
(4) A determination of any discrimination in employment that
such family members experience, including denial of retention in
employment, promotion, or any benefit of employment by an employer
on the basis of the person's absence from employment, and a
determination, in consultation with the Secretary of Labor, of the
options available for such family members.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study, with such
findings and recommendations as the Secretary considers appropriate.

SEC. 1664. REPORT ON TRAUMATIC BRAIN INJURY CLASSIFICATIONS.

Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense and the Secretary of Veterans Affairs jointly
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report describing the changes undertaken
within the Department of Defense and the Department of Veterans Affairs
to ensure that traumatic brain injury victims receive a medical
designation concomitant with their injury rather than a medical
designation that assigns a generic classification (such as ``organic
psychiatric disorder'').

SEC. 1665. EVALUATION OF THE POLYTRAUMA LIAISON OFFICER/NON-
COMMISSIONED OFFICER PROGRAM.

(a) Evaluation Required.--The Secretary of Defense shall conduct an
evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer
program, which is the program operated by each of the military
departments and the Department of Veterans Affairs for the purpose of--
(1) assisting in the seamless transition of members of the
Armed Forces from the Department of Defense health care system to
the Department of Veterans Affairs system; and
(2) expediting the flow of information and communication
between military treatment facilities and the Veterans Affairs
Polytrauma Centers.
(b) Matters Covered.--The evaluation of the Polytrauma Liaison
Officer/Non-Commissioned Officer program shall include an evaluation of
the following:
(1) The program's effectiveness in the following areas:
(A) Handling of military patient transfers.
(B) Ability to access military records in a timely manner.
(C) Collaboration with Polytrauma Center treatment teams.
(D) Collaboration with veteran service organizations.
(E) Functioning as the Polytrauma Center's subject-matter
expert on military issues.
(F) Supporting and assisting family members.
(G) Providing education, information, and referrals to
members of the Armed Forces and their family members.
(H) Functioning as uniformed advocates for members of the
Armed Forces and their family members.
(I) Inclusion in Polytrauma Center meetings.
(J) Completion of required administrative reporting.
(K) Ability to provide necessary administrative support to
all members of the Armed Forces.
(2) Manpower requirements to effectively carry out all required
functions of the Polytrauma Liaison Officer/Non-Commissioned
Officer program given current and expected case loads.
(3) Expansion of the program to incorporate Navy and Marine
Corps officers and senior enlisted personnel.
(c) Reporting Requirement.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report containing--
(1) the results of the evaluation; and
(2) recommendations for any improvements in the program.

Subtitle F--Other Matters

SEC. 1671. PROHIBITION ON TRANSFER OF RESOURCES FROM MEDICAL CARE.

Neither the Secretary of Defense nor the Secretaries of the
military departments may transfer funds or personnel from medical care
functions to administrative functions within the Department of Defense
in order to comply with the new administrative requirements imposed by
this title or the amendments made by this title.

SEC. 1672. MEDICAL CARE FOR FAMILIES OF MEMBERS OF THE ARMED FORCES
RECOVERING FROM SERIOUS INJURIES OR ILLNESSES.

(a) Medical Care at Military Medical Facilities.--
(1) Medical care.--A family member of a recovering service
member who is not otherwise eligible for medical care at a military
medical treatment facility may be eligible for such care at such
facilities, on a space-available basis, if the family member is--
(A) on invitational orders while caring for the service
member;
(B) a non-medical attendee caring for the service member;
or
(C) receiving per diem payments from the Department of
Defense while caring for the service member.
(2) Specification of family members.--The Secretary of Defense
may prescribe in regulations the family members of recovering
service members who shall be considered to be a family member of a
service member for purposes of this subsection.
(3) Specification of care.--The Secretary of Defense shall
prescribe in regulations the medical care that may be available to
family members under this subsection at military medical treatment
facilities.
(4) Recovery of costs.--The United States may recover the costs
of the provision of medical care under this subsection as follows
(as applicable):
(A) From third-party payers, in the same manner as the
United States may collect costs of the charges of health care
provided to covered beneficiaries from third-party payers under
section 1095 of title 10, United States Code.
(B) As if such care was provided under the authority of
section 1784 of title 38, United States Code.
(b) Medical Care at Department of Veterans Affairs Medical
Facilities.--
(1) Medical care.--When a recovering service member is
receiving hospital care and medical services at a medical facility
of the Department of Veterans Affairs, the Secretary of Veterans
Affairs may provide medical care for eligible family members under
this section when that care is readily available at that Department
facility and on a space-available basis.
(2) Regulations.--The Secretary of Veterans Affairs shall
prescribe in regulations the medical care that may be available to
family members under this subsection at medical facilities of the
Department of Veterans Affairs.

SEC. 1673. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE
ARMED FORCES DEPLOYED OVERSEAS.

(a) Protocol for Assessment of Cognitive Functioning.--
(1) Protocol required.--Subsection (b) of section 1074f of
title 10, United States Code, is amended--
(A) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) An assessment of post-traumatic stress disorder.''; and
(B) by adding at the end the following new paragraph:
``(3)(A) The Secretary shall establish for purposes of
subparagraphs (B) and (C) of paragraph (2) a protocol for the
predeployment assessment and documentation of the cognitive (including
memory) functioning of a member who is deployed outside the United
States in order to facilitate the assessment of the postdeployment
cognitive (including memory) functioning of the member.
``(B) The protocol under subparagraph (A) shall include appropriate
mechanisms to permit the differential diagnosis of traumatic brain
injury in members returning from deployment in a combat zone.''.
(2) Pilot projects.--(A) In developing the protocol required by
paragraph (3) of section 1074f(b) of title 10, United States Code
(as amended by paragraph (1) of this subsection), for purposes of
assessments for traumatic brain injury, the Secretary of Defense
shall conduct up to three pilot projects to evaluate various
mechanisms for use in the protocol for such purposes. One of the
mechanisms to be so evaluated shall be a computer-based assessment
tool which shall, at a minimum, include the following:
(i) Administration of computer-based neurocognitive
assessment.
(ii) Pre-deployment assessments to establish a
neurocognitive baseline for members of the Armed Forces for
future treatment.
(B) Not later than 60 days after the completion of the pilot
projects conducted under this paragraph, the Secretary shall submit
to the appropriate committees of Congress a report on the pilot
projects. The report shall include--
(i) a description of the pilot projects so conducted;
(ii) an assessment of the results of each such pilot
project; and
(iii) a description of any mechanisms evaluated under each
such pilot project that will be incorporated into the protocol.
(C) Not later than 180 days after completion of the pilot
projects conducted under this paragraph, the Secretary shall
establish a means for implementing any mechanism evaluated under
such a pilot project that is selected for incorporation in the
protocol.
(b) Quality Assurance.--Subsection (d)(2) of section 1074f of title
10, United States Code, is amended by adding at the end the following
new subparagraph:
``(F) The diagnosis and treatment of traumatic brain injury and
post-traumatic stress disorder.''.
(c) Standards for Deployment.--Subsection (f) of such section is
amended--
(1) in the subsection heading, by striking ``Mental Health'';
and
(2) in paragraph (2)(B), by striking ``or'' and inserting ``,
traumatic brain injury, or''.

SEC. 1674. GUARANTEED FUNDING FOR WALTER REED ARMY MEDICAL CENTER,
DISTRICT OF COLUMBIA.

(a) Minimum Funding.--The amount of funds available for the
commander of Walter Reed Army Medical Center, District of Columbia, for
a fiscal year shall be not less than the amount expended by the
commander of Walter Reed Army Medical Center in fiscal year 2006 until
the first fiscal year beginning after the date on which the Secretary
of Defense submits to the congressional defense committees a plan for
the provision of health care for military beneficiaries and their
dependents in the National Capital Region.
(b) Matters Covered.--The plan under subsection (a) shall at a
minimum include--
(1) the manner in which patients, staff, bed capacity, and
functions will move from the Walter Reed Army Medical Center to
expanded facilities;
(2) a timeline, including milestones, for such moves;
(3) projected budgets, including planned budget transfers, for
military treatment facilities within the region;
(4) the management or disposition of real property of military
treatment facilities within the region; and
(5) staffing projections for the region.
(c) Certification.--After submission of the plan under subsection
(a) to the congressional defense committees, the Secretary shall
certify to such committees on a quarterly basis that patients, staff,
bed capacity, functions, or parts of functions at Walter Reed Army
Medical Center have not been moved or disestablished until the expanded
facilities at the National Naval Medical Center, Bethesda, Maryland,
and DeWitt Army Community Hospital, Fort Belvoir, Virginia, are
completed, equipped, and staffed with sufficient capacity to accept and
provide, at a minimum, the same level of and access to care as patients
received at Walter Reed Army Medical Center during fiscal year 2006.
(d) Definitions.--In this section:
(1) The term ``expanded facilities'' means the other two
military hospitals/medical centers within the National Capital
Region, namely--
(A) the National Naval Medical Center, Bethesda, Maryland
(or its successor resulting from implementation of the
recommendations of the 2005 Defense Base Closure and
Realignment Commission); and
(B) the DeWitt Army Community Hospital, Fort Belvoir,
Virginia.
(2) The term ``National Capital Region'' has the meaning given
that term in section 2674(f) of title 10, United States Code.

SEC. 1675. USE OF LEAVE TRANSFER PROGRAM BY WOUNDED VETERANS WHO ARE
FEDERAL EMPLOYEES.

(a) In General.--Section 6333(b) of title 5, United States Code, is
amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The requirement under paragraph (1) relating to exhaustion
of annual and sick leave shall not apply in the case of a leave
recipient who--
``(i) sustains a combat-related disability while a member of
the armed forces, including a reserve component of the armed
forces; and
``(ii) is undergoing medical treatment for that disability.
``(B) Subparagraph (A) shall apply to a member described in such
subparagraph only so long as the member continues to undergo medical
treatment for the disability, but in no event for longer than 5 years
from the start of such treatment.
``(C) For purposes of this paragraph--
``(i) the term `combat-related disability' has the meaning
given such term by section 1413a(e) of title 10; and
``(ii) the term `medical treatment' has such meaning as the
Office of Personnel Management shall by regulation prescribe.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, except that, in
the case of a leave recipient who is undergoing medical treatment on
such date of enactment, section 6333(b)(2)(B) of title 5, United States
Code (as amended by this section) shall be applied as if it had been
amended by inserting ``or the date of the enactment of this subsection,
whichever is later'' after ``the start of such treatment''.

SEC. 1676. MORATORIUM ON CONVERSION TO CONTRACTOR PERFORMANCE OF
DEPARTMENT OF DEFENSE FUNCTIONS AT MILITARY MEDICAL
FACILITIES.

(a) Moratorium.--No study or competition may be begun or announced
pursuant to section 2461 of title 10, United States Code, or otherwise
pursuant to Office of Management and Budget circular A-76, relating to
the possible conversion to performance by a contractor of any
Department of Defense function carried out at a military medical
facility until the Secretary of Defense--
(1) submits the certification required by subsection (b) to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives together with a
description of the steps taken by the Secretary in accordance with
the certification; and
(2) submits the report required by subsection (c).
(b) Certification.--The certification referred to in paragraph
(a)(1) is a certification that the Secretary has taken appropriate
steps to ensure that neither the quality of military medical care nor
the availability of qualified personnel to carry out Department of
Defense functions related to military medical care will be adversely
affected by either--
(1) the process of considering a Department of Defense function
carried out at a military medical facility for possible conversion
to performance by a contractor; or
(2) the conversion of such a function to performance by a
contractor.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the public-private
competitions being conducted for Department of Defense functions
carried out at military medical facilities as of the date of the
enactment of this Act by each military department and defense agency.
Such report shall include--
(1) for each such competition--
(A) the cost of conducting the public-private competition;
(B) the number of military personnel and civilian employees
of the Department of Defense affected;
(C) the estimated savings identified and the savings
actually achieved;
(D) an evaluation whether the anticipated and budgeted
savings can be achieved through a public-private competition;
and
(E) the effect of converting the performance of the
function to performance by a contractor on the quality of the
performance of the function; and
(2) an assessment of whether any method of business reform or
reengineering other than a public-private competition could, if
implemented in the future, achieve any anticipated or budgeted
savings.

TITLE XVII--VETERANS MATTERS

SEC. 1701. SENSE OF CONGRESS ON DEPARTMENT OF VETERANS AFFAIRS EFFORTS
IN THE REHABILITATION AND REINTEGRATION OF VETERANS WITH
TRAUMATIC BRAIN INJURY.

It is the sense of Congress that--
(1) the Department of Veterans Affairs is a leader in the field
of traumatic brain injury care and coordination of such care;
(2) the Department of Veterans Affairs should have the capacity
and expertise to provide veterans who have a traumatic brain injury
with patient-centered health care, rehabilitation, and community
integration services that are comparable to or exceed similar care
and services available to persons with such injuries in the
academic and private sector;
(3) rehabilitation for veterans who have a traumatic brain
injury should be individualized, comprehensive, and
interdisciplinary with the goals of optimizing the independence of
such veterans and reintegrating them into their communities;
(4) family support is integral to the rehabilitation and
community reintegration of veterans who have sustained a traumatic
brain injury, and the Department should provide the families of
such veterans with education and support;
(5) the Department of Defense and the Department of Veterans
Affairs have made efforts to provide a smooth transition of medical
care and rehabilitative services to individuals as they transition
from the health care system of the Department of Defense to that of
the Department of Veterans Affairs, but more can be done to assist
veterans and their families in the continuum of the rehabilitation,
recovery, and reintegration of wounded or injured veterans into
their communities;
(6) in planning for rehabilitation and community reintegration
of veterans who have a traumatic brain injury, it is necessary for
the Department of Veterans Affairs to provide a system for life-
long case management for such veterans; and
(7) in such system for life-long case management, it is
necessary to conduct outreach and to tailor specialized traumatic
brain injury case management and outreach to the unique needs of
veterans with traumatic brain injury who reside in urban and non-
urban settings.

SEC. 1702. INDIVIDUAL REHABILITATION AND COMMUNITY REINTEGRATION PLANS
FOR VETERANS AND OTHERS WITH TRAUMATIC BRAIN INJURY.

(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by inserting after section 1710B the following
new sections:

``Sec. 1710C. Traumatic brain injury: plans for rehabilitation and
reintegration into the community

``(a) Plan Required.--The Secretary shall, for each individual who
is a veteran or member of the Armed Forces who receives inpatient or
outpatient rehabilitative hospital care or medical services provided by
the Department for a traumatic brain injury--
``(1) develop an individualized plan for the rehabilitation and
reintegration of the individual into the community; and
``(2) provide such plan in writing to the individual--
``(A) in the case of an individual receiving inpatient
care, before the individual is discharged from inpatient care
or after the individual's transition from serving on active
duty as a member of the Armed Forces to receiving outpatient
care provided by the Department; or
``(B) as soon as practicable following a diagnosis of
traumatic brain injury by a Department health care provider.
``(b) Contents of Plan.--Each plan developed under subsection (a)
shall include, for the individual covered by such plan, the following:
``(1) Rehabilitation objectives for improving the physical,
cognitive, and vocational functioning of the individual with the
goal of maximizing the independence and reintegration of such
individual into the community.
``(2) Access, as warranted, to all appropriate rehabilitative
components of the traumatic brain injury continuum of care, and
where appropriate, to long-term care services.
``(3) A description of specific rehabilitative treatments and
other services to achieve the objectives described in paragraph
(1), which shall set forth the type, frequency, duration, and
location of such treatments and services.
``(4) The name of the case manager designated in accordance
with subsection (d) to be responsible for the implementation of
such plan.
``(5) Dates on which the effectiveness of such plan will be
reviewed in accordance with subsection (f).
``(c) Comprehensive Assessment.--(1) Each plan developed under
subsection (a) shall be based on a comprehensive assessment, developed
in accordance with paragraph (2), of--
``(A) the physical, cognitive, vocational, and
neuropsychological and social impairments of the individual; and
``(B) the family education and family support needs of the
individual after the individual is discharged from inpatient care
or at the commencement of and during the receipt of outpatient care
and services.
``(2) The comprehensive assessment required under paragraph (1)
with respect to an individual is a comprehensive assessment of the
matters set forth in that paragraph by a team, composed by the
Secretary for purposes of the assessment, of individuals with expertise
in traumatic brain injury, including any of the following:
``(A) A neurologist.
``(B) A rehabilitation physician.
``(C) A social worker.
``(D) A neuropsychologist.
``(E) A physical therapist.
``(F) A vocational rehabilitation specialist.
``(G) An occupational therapist.
``(H) A speech language pathologist.
``(I) A rehabilitation nurse.
``(J) An educational therapist.
``(K) An audiologist.
``(L) A blind rehabilitation specialist.
``(M) A recreational therapist.
``(N) A low vision optometrist.
``(O) An orthotist or prosthetist.
``(P) An assistive technologist or rehabilitation engineer.
``(Q) An otolaryngology physician.
``(R) A dietician.
``(S) An opthamologist.
``(T) A psychiatrist.
``(d) Case Manager.--(1) The Secretary shall designate a case
manager for each individual described in subsection (a) to be
responsible for the implementation of the plan developed for that
individual under that subsection and the coordination of the
individual's medical care.
``(2) The Secretary shall ensure that each case manager has
specific expertise in the care required by the individual for whom the
case manager is designated, regardless of whether the case manager
obtains such expertise through experience, education, or training.
``(e) Participation and Collaboration in Development of Plans.--(1)
The Secretary shall involve each individual described in subsection
(a), and the family or legal guardian of such individual, in the
development of the plan for such individual under that subsection to
the maximum extent practicable.
``(2) The Secretary shall collaborate in the development of a plan
for an individual under subsection (a) with a State protection and
advocacy system if--
``(A) the individual covered by the plan requests such
collaboration; or
``(B) in the case of such an individual who is incapacitated,
the family or guardian of the individual requests such
collaboration.
``(3) In the case of a plan required by subsection (a) for a member
of the Armed Forces who is serving on active duty, the Secretary shall
collaborate with the Secretary of Defense in the development of such
plan.
``(4) In developing vocational rehabilitation objectives required
under subsection (b)(1) and in conducting the assessment required under
subsection (c), the Secretary shall act through the Under Secretary for
Health in coordination with the Vocational Rehabilitation and
Employment Service of the Department of Veterans Affairs.
``(f) Evaluation.--
``(1) Periodic review by secretary.--The Secretary shall
periodically review the effectiveness of each plan developed under
subsection (a). The Secretary shall refine each such plan as the
Secretary considers appropriate in light of such review.
``(2) Request for review by veterans.--In addition to the
periodic review required by paragraph (1), the Secretary shall
conduct a review of the plan for an individual under paragraph (1)
at the request of the individual, or in the case of an individual
who is incapacitated, at the request of the guardian or designee of
the individual.
``(g) State Designated Protection and Advocacy System Defined.--In
this section, the term `State protection and advocacy system' means a
system established in a State under subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041
et seq.) to protect and advocate for the rights of persons with
development disabilities.

``Sec. 1710D. Traumatic brain injury: comprehensive program for long-
term rehabilitation

``(a) Comprehensive Program.--In developing plans for the
rehabilitation and reintegration of individuals with traumatic brain
injury under section 1710C of this title, the Secretary shall develop
and carry out a comprehensive program of long-term care for post-acute
traumatic brain injury rehabilitation that includes residential,
community, and home-based components utilizing interdisciplinary
treatment teams.
``(b) Location of Program.--The Secretary shall carry out the
program developed under subsection (a) in each Department polytrauma
rehabilitation center designated by the Secretary.
``(c) Eligibility.--A veteran is eligible for care under the
program developed under subsection (a) if the veteran is otherwise
eligible to receive hospital care and medical services under section
1710 of this title and--
``(1) served on active duty in a theater of combat operations
(as determined by the Secretary in consultation with the Secretary
of Defense) during a period of war after the Persian Gulf War, or
in combat against a hostile force during a period of hostilities
(as defined in section 1712A(a)(2)(B) of this title) after November
11, 1998;
``(2) is diagnosed as suffering from moderate to severe
traumatic brain injury; and
``(3) is unable to manage routine activities of daily living
without supervision or assistance, as determined by the Secretary.
``(d) Report.--Not later than one year after the date of the
enactment of this section, and annually thereafter, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and the
House of Representatives a report containing the following information:
``(1) A description of the operation of the program.
``(2) The number of veterans provided care under the program
during the year preceding such report.
``(3) The cost of operating the program during the year
preceding such report.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1710B the following new items:

``1710C. Traumatic brain injury: plans for rehabilitation and
reintegration into the community.
``1710D. Traumatic brain injury: comprehensive plan for long-term
rehabilitation.''.

SEC. 1703. USE OF NON-DEPARTMENT OF VETERANS AFFAIRS FACILITIES FOR
IMPLEMENTATION OF REHABILITATION AND COMMUNITY
REINTEGRATION PLANS FOR TRAUMATIC BRAIN INJURY.

(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by inserting after section 1710D, as added by
section 1702, the following new section:

``Sec. 1710E. Traumatic brain injury: use of non-Department facilities
for rehabilitation

``(a) Cooperative Agreements.--The Secretary, in implementing and
carrying out a plan developed under section 1710C of this title, may
provide hospital care and medical services through cooperative
agreements with appropriate public or private entities that have
established long-term neurobehavioral rehabilitation and recovery
programs.
``(b) Authorities of State Protection and Advocacy Systems.--
Nothing in subtitle C of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 shall be construed as preventing a State
protection and advocacy system (as defined in section 1710C(g) of this
title) from exercising the authorities described in such subtitle with
respect to individuals provided rehabilitative treatment or services
under section 1710C of this title in a non-Department facility.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1710D, as added by section 1702, the following new item:

``1710E. Traumatic brain injury: use of non-Departmental facilities for
rehabilitation.''.

SEC. 1704. RESEARCH, EDUCATION, AND CLINICAL CARE PROGRAM ON TRAUMATIC
BRAIN INJURY.

(a) In General.--To improve the provision of health care by the
Department of Veterans Affairs to veterans with traumatic brain
injuries, the Secretary of Veterans Affairs shall--
(1) conduct research, including--
(A) research on the sequelae of mild to severe forms of
traumatic brain injury;
(B) research on visually-related neurological conditions;
(C) research on seizure disorders;
(D) research on means of improving the diagnosis,
rehabilitative treatment, and prevention of such sequelae;
(E) research to determine the most effective cognitive and
physical therapies for such sequelae;
(F) research on dual diagnosis of post-traumatic stress
disorder and traumatic brain injury;
(G) research on improving facilities of the Department
concentrating on traumatic brain injury care; and
(H) research on improving the delivery of traumatic brain
injury care by the Department;
(2) educate and train health care personnel of the Department
in recognizing and treating traumatic brain injury; and
(3) develop improved models and systems for the furnishing of
traumatic brain injury care by the Department.
(b) Collaboration.--In carrying out research under subsection (a),
the Secretary of Veterans Affairs shall collaborate with--
(1) facilities that conduct research on rehabilitation for
individuals with traumatic brain injury;
(2) facilities that receive grants for such research from the
National Institute on Disability and Rehabilitation Research of the
Department of Education; and
(3) the Defense and Veterans Brain Injury Center of the
Department of Defense and other relevant programs of the Federal
Government (including Centers of Excellence).
(c) Dissemination of Useful Information.--The Under Secretary of
Veterans Affairs for Health shall ensure that information produced by
the research, education and training, and clinical activities conducted
under this section that may be useful for other activities of the
Veterans Health Administration is disseminated throughout the Veterans
Health Administration.
(d) Traumatic Brain Injury Registry.--
(1) In general.--The Secretary of Veterans Affairs shall
establish and maintain a registry to be known as the ``Traumatic
Brain Injury Veterans Health Registry'' (in this section referred
to as the ``Registry'').
(2) Description.--The Registry shall include the following
information:
(A) A list containing the name of each individual who
served as a member of the Armed Forces in Operation Enduring
Freedom or Operation Iraqi Freedom who exhibits symptoms
associated with traumatic brain injury, as determined by the
Secretary of Veterans Affairs, and who--
(i) applies for care and services furnished by the
Department of Veterans Affairs under chapter 17 of title
38, United States Code; or
(ii) files a claim for compensation under chapter 11 of
such title on the basis of any disability which may be
associated with such service.
(B) Any relevant medical data relating to the health status
of an individual described in subparagraph (A) and any other
information the Secretary considers relevant and appropriate
with respect to such an individual if the individual--
(i) grants permission to the Secretary to include such
information in the Registry; or
(ii) is deceased at the time such individual is listed
in the Registry.
(3) Notification.--When possible, the Secretary shall notify
each individual listed in the Registry of significant developments
in research on the health consequences of military service in the
Operation Enduring Freedom and Operation Iraqi Freedom theaters of
operations.

SEC. 1705. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS WITH
TRAUMATIC BRAIN INJURY.

(a) Pilot Program.--Beginning not later than 90 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs, in
collaboration with the Defense and Veterans Brain Injury Center of the
Department of Defense, shall carry out a five-year pilot program to
assess the effectiveness of providing assisted living services to
eligible veterans to enhance the rehabilitation, quality of life, and
community integration of such veterans.
(b) Program Locations.--
(1) In general.--The pilot program shall be carried out at
locations selected by the Secretary for purposes of the pilot
program. Of the locations so selected--
(A) at least one location shall be in each health care
region of the Veterans Health Administration of the Department
of Veterans Affairs that contains a polytrauma center of the
Department of Veterans Affairs; and
(B) any location other than a location described in
subparagraph (A) shall be in an area that contains a high
concentration of veterans with traumatic brain injuries, as
determined by the Secretary.
(2) Special consideration for veterans in rural areas.--The
Secretary shall give special consideration to providing veterans in
rural areas with an opportunity to participate in the pilot
program.
(c) Provision of Assisted Living Services.--
(1) Agreements.--In carrying out the pilot program, the
Secretary may enter into agreements for the provision of assisted
living services on behalf of eligible veterans with a provider
participating under a State plan or waiver under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.).
(2) Standards.--The Secretary may not place, transfer, or admit
a veteran to any facility for assisted living services under the
pilot program unless the Secretary determines that the facility
meets such standards as the Secretary may prescribe for purposes of
the pilot program. Such standards shall, to the extent practicable,
be consistent with the standards of Federal, State, and local
agencies charged with the responsibility of licensing or otherwise
regulating or inspecting such facilities.
(d) Continuation of Case Management and Rehabilitation Services.--
In carrying out the pilot program, the Secretary shall--
(1) continue to provide each veteran who is receiving assisted
living services under the pilot program with rehabilitative
services; and
(2) designate employees of the Veterans Health Administration
of the Department of Veterans Affairs to furnish case management
services for veterans participating in the pilot program.
(e) Report.--
(1) In general.--Not later than 60 days after the completion of
the pilot program, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a
report on the pilot program.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the pilot program.
(B) An assessment of the utility of the activities under
the pilot program in enhancing the rehabilitation, quality of
life, and community reintegration of veterans with traumatic
brain injury.
(C) Such recommendations as the Secretary considers
appropriate regarding the extension or expansion of the pilot
program.
(f) Definitions.--In this section:
(1) The term ``assisted living services'' means services of a
facility in providing room, board, and personal care for and
supervision of residents for their health, safety, and welfare.
(2) The term ``case management services'' includes the
coordination and facilitation of all services furnished to a
veteran by the Department of Veterans Affairs, either directly or
through a contract, including assessment of needs, planning,
referral (including referral for services to be furnished by the
Department, either directly or through a contract, or by an entity
other than the Department), monitoring, reassessment, and followup.
(3) The term ``eligible veteran'' means a veteran who--
(A) is enrolled in the patient enrollment system of the
Department of Veterans Affairs under section 1705 of title 38,
United States Code;
(B) has received hospital care or medical services provided
by the Department of Veterans Affairs for a traumatic brain
injury;
(C) is unable to manage routine activities of daily living
without supervision and assistance, as determined by the
Secretary; and
(D) could reasonably be expected to receive ongoing
services after the end of the pilot program under this section
under another program of the Federal Government or through
other means, as determined by the Secretary.

SEC. 1706. PROVISION OF AGE-APPROPRIATE NURSING HOME CARE.

(a) Finding.--Congress finds that young veterans who are injured or
disabled through military service and require long-term care should
have access to age-appropriate nursing home care.
(b) Requirement to Provide Age-Appropriate Nursing Home Care.--
Section 1710A of title 38, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) The Secretary shall ensure that nursing home care provided
under subsection (a) is provided in an age-appropriate manner.''.

SEC. 1707. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE FOR
VETERANS OF COMBAT SERVICE DURING CERTAIN PERIODS OF
HOSTILITIES AND WAR.

Subparagraph (C) of section 1710(e)(3) of title 38, United States
Code, is amended to read as follows:
``(C) in the case of care for a veteran described in paragraph
(1)(D) who--
``(i) is discharged or released from the active military,
naval, or air service after the date that is five years before
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2008, after a period of five years
beginning on the date of such discharge or release; or
``(ii) is so discharged or released more than five years
before the date of the enactment of that Act and who did not
enroll in the patient enrollment system under section 1705 of
this title before such date, after a period of three years
beginning on the date of the enactment of that Act; and''.

SEC. 1708. SERVICE-CONNECTION AND ASSESSMENTS FOR MENTAL HEALTH
CONDITIONS IN VETERANS.

(a) Presumption of Service-Connection for Mental Illness in Persian
Gulf War Veterans.--
(1) In general.--Section 1702 of title 38, United States Code,
is amended--
(A) by inserting ``(a) Psychosis.--'' before ``For the
purposes''; and
(B) by adding at the end the following new subsection:
``(b) Mental Illness.--For purposes of this chapter, any veteran of
the Persian Gulf War who develops an active mental illness (other than
psychosis) shall be deemed to have incurred such disability in the
active military, naval, or air service if such veteran develops such
disability--
``(1) within two years after discharge or release from the
active military, naval, or air service; and
``(2) before the end of the two-year period beginning on the
last day of the Persian Gulf War.''.
(2) Heading amendment.--The heading of such section is amended
to read as follows:

``Sec. 1702. Presumptions: psychosis after service in World War II and
following periods of war; mental illness after service in
the Persian Gulf War''.

(3) Clerical amendment.--The table of sections at the beginning
of chapter 17 of such title is amended by striking the item
relating to section 1702 and inserting the following new item:

``1702. Presumptions: psychosis after service in World War II and
following periods of war; mental illness following service in
the Persian Gulf War.''.

(b) Provision of Mental Health Assessments for Certain Veterans.--
Section 1712A(a) of such title is amended--
(1) in paragraph (1)(B), by adding at the end the following new
clause:
``(iii) Any veteran who served on active duty--
``(I) in a theater of combat operations (as determined by
the Secretary in consultation with the Secretary of Defense)
during a period of war after the Persian Gulf War; or
``(II) in combat against a hostile force during a period of
hostilities (as defined in paragraph (2)(B)) after November 11,
1998.''; and
(2) by adding at the end the following new paragraph:
``(3) Upon request of a veteran described in paragraph (1)(B)(iii),
the Secretary shall provide the veteran a preliminary general mental
health assessment as soon as practicable after receiving the request,
but not later than 30 days after receiving the request.''.

SEC. 1709. MODIFICATION OF REQUIREMENTS FOR FURNISHING OUTPATIENT
DENTAL SERVICES TO VETERANS WITH SERVICE-CONNECTED DENTAL
CONDITIONS OR DISABILITIES.

Section 1712(a)(1)(B)(iii) of title 38, United States Code, is
amended--
(1) by striking ``90 days after such discharge'' and inserting
``180 days after such discharge'';
(2) by striking ``90 days from the date of such veteran's
subsequent discharge'' and inserting ``180 days from the date of
such veteran's subsequent discharge''; and
(3) by striking ``90 days after the date of correction'' and
inserting ``180 days after the date of correction''.

SEC. 1710. CLARIFICATION OF PURPOSE OF OUTREACH SERVICES PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.

(a) Clarification of Inclusion of Members of the National Guard and
Reserve in Program.--Subsection (a)(1) of section 6301 of title 38,
United States Code, is amended by inserting ``, or from a reserve
component,'' after ``active military, naval, or air service''.
(b) Definition of Outreach.--Subsection (b) of such section is
amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively; and
(2) by inserting before paragraph (2) the following new
paragraph (1):
``(1) the term `outreach' means the act or process of reaching
out in a systematic manner to proactively provide information,
services, and benefits counseling to veterans, and to the spouses,
children, and parents of veterans who may be eligible to receive
benefits under the laws administered by the Secretary, to ensure
that such individuals are fully informed about, and receive
assistance in applying for, such benefits;''.

SEC. 1711. DESIGNATION OF FIDUCIARY OR TRUSTEE FOR PURPOSES OF
TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE.

Section 1980A of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(k) Designation of Fiduciary or Trustee.--(1) The Secretary
concerned, in consultation with the Secretary, shall develop a process
for the designation of a fiduciary or trustee of a member of the
uniformed services who is insured against traumatic injury under this
section. The fiduciary or trustee so designated would receive a payment
for a qualifying loss under this section if the member is medically
incapacitated (as determined pursuant to regulations prescribed by the
Secretary concerned in consultation with the Secretary) or experiencing
an extended loss of consciousness.
``(2) The process under paragraph (1) may require each member of
the uniformed services who is insured under this section to--
``(A) designate an individual as the member's fiduciary or
trustee for purposes of subsection (a); or
``(B) elect that a court of proper jurisdiction designate an
individual as the member's fiduciary or trustee for purposes of
subsection (a) in the event that the member becomes medically
incapacitated or experiences an extended loss of consciousness.''.

TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS

Sec. 1801. Short title.

Subtitle A--National Guard Bureau

Subtitle B--Additional Reserve Component Enhancement

SEC. 1801. SHORT TITLE.

This title may be cited as the ``National Guard Empowerment Act of
2007''.

Subtitle A--National Guard Bureau

SEC. 1811. APPOINTMENT, GRADE, DUTIES, AND RETIREMENT OF THE CHIEF OF
THE NATIONAL GUARD BUREAU.

(a) Appointment.--Subsection (a) of section 10502 of title 10,
United States Code, is amended by striking paragraphs (1) through (3)
and inserting the following new paragraphs:
``(1) are recommended for such appointment by their respective
Governors or, in the case of the District of Columbia, the
commanding general of the District of Columbia National Guard;
``(2) are recommended for such appointment by the Secretary of
the Army or the Secretary of the Air Force;
``(3) have had at least 10 years of federally recognized
commissioned service in an active status in the National Guard;
``(4) are in a grade above the grade of brigadier general;
``(5) are determined by the Chairman of the Joint Chiefs of
Staff, in accordance with criteria and as a result of a process
established by the Chairman, to have significant joint duty
experience;
``(6) are determined by the Secretary of Defense to have
successfully completed such other assignments and experiences so as
to possess a detailed understanding of the status and capabilities
of National Guard forces and the missions of the National Guard
Bureau as set forth in section 10503 of this title;
``(7) have a level of operational experience in a position of
significant responsibility, professional military education, and
demonstrated expertise in national defense and homeland defense
matters that are commensurate with the advisory role of the Chief
of the National Guard Bureau; and
``(8) possess such other qualifications as the Secretary of
Defense shall prescribe for purposes of this section.''.
(b) Grade.--Subsection (d) of such section is amended by striking
``lieutenant general'' and inserting ``general''.
(c) Repeal of Age 64 Limitation on Service.--Subsection (b) of such
section is amended by striking ``An officer may not hold that office
after becoming 64 years of age.''.
(d) Advisory Duties.--Subsection (c) of such section is amended to
read as follows:
``(c) Advisor on National Guard Matters.--The Chief of the National
Guard Bureau is--
``(1) a principal advisor to the Secretary of Defense, through
the Chairman of the Joint Chiefs of Staff, on matters involving
non-federalized National Guard forces and on other matters as
determined by the Secretary of Defense; and
``(2) the principal adviser to the Secretary of the Army and
the Chief of Staff of the Army, and to the Secretary of the Air
Force and the Chief of Staff of the Air Force, on matters relating
to the National Guard, the Army National Guard of the United
States, and the Air National Guard of the United States.''.

SEC. 1812. ESTABLISHMENT OF NATIONAL GUARD BUREAU AS JOINT ACTIVITY OF
THE DEPARTMENT OF DEFENSE.

(a) Joint Activity of the Department of Defense.--Subsection (a) of
section 10501 of title 10, United States Code, is amended by striking
``joint bureau of the Department of the Army and the Department of the
Air Force'' and inserting ``joint activity of the Department of
Defense''.
(b) Joint Manpower Requirements.--
(1) In general.--Chapter 1011 of such title is amended by
adding at the end the following new section:

``Sec. 10508. National Guard Bureau: general provisions

``The manpower requirements of the National Guard Bureau as a joint
activity of the Department of Defense shall be determined in accordance
with regulations prescribed by the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:

``10508. National Guard Bureau: general provisions.''.

SEC. 1813. ENHANCEMENT OF FUNCTIONS OF THE NATIONAL GUARD BUREAU.

(a) Additional General Functions.--Section 10503 of title 10,
United States Code, is amended--
(1) by redesignating paragraph (12) as paragraph (14) and
inserting before such paragraph (14) the following new paragraph
(13):
``(13)(A) Assisting the Secretary of Defense in facilitating
and coordinating with the entities listed in subparagraph (B) the
use of National Guard personnel and resources for operations
conducted under title 32, or in support of State missions.
``(B) The entities listed in this subparagraph for purposes of
subparagraph (A) are the following:
``(i) Other Federal agencies.
``(ii) The Adjutants General of the States.
``(iii) The United States Joint Forces Command.
``(iv) The combatant command the geographic area of
responsibility of which includes the United States.'';
(2) by redesignating paragraphs (2) through (11) as paragraphs
(3) through (12), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The role of the National Guard Bureau in support of the
Secretary of the Army and the Secretary of the Air Force.''.
(b) Charter Developed and Prescribed by Secretary of Defense.--
Section 10503 of such title is further amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary of the Army and the
Secretary of the Air Force shall jointly develop'' and
inserting ``The Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs of Staff, the Secretary of the
Army, and the Secretary of the Air Force, shall develop''; and
(B) by striking ``cover'' in the second sentence and
inserting ``reflect the full scope of the duties and activities
of the Bureau, including''; and
(2) in paragraph (14), as redesignated by subsection (a)(1), by
striking ``the Secretaries'' and inserting ``the Secretary of
Defense''.
(c) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section 10503 of such
title is amended to read as follows:

``Sec. 10503. Functions of National Guard Bureau: charter''.

(2) Clerical amendment.--The table of sections at the beginning
of chapter 1011 of such title is amended by striking the item
relating to section 10503 and inserting the following new item:

``10503. Functions of National Guard Bureau: charter.''.

SEC. 1814. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE PLAN FOR
RESPONSE TO NATURAL DISASTERS AND TERRORIST EVENTS.

(a) Requirement for Plan.--
(1) In general.--Not later than June 1, 2008, the Secretary of
Defense, in consultation with the Secretary of Homeland Security,
the Chairman of the Joint Chiefs of Staff, the commander of the
United States Northern Command, and the Chief of the National Guard
Bureau, shall prepare and submit to Congress a plan for
coordinating the use of the National Guard and members of the Armed
Forces on active duty when responding to natural disasters, acts of
terrorism, and other man-made disasters as identified in the
national planning scenarios described in subsection (e).
(2) Update.--Not later than June 1, 2010, the Secretary, in
consultation with the persons consulted under paragraph (1), shall
submit to Congress an update of the plan required under paragraph
(1).
(b) Information To Be Provided to Secretary.--To assist the
Secretary of Defense in preparing the plan, the National Guard Bureau,
pursuant to its purpose as channel of communications as set forth in
section 10501(b) of title 10, United States Code, shall provide to the
Secretary information gathered from Governors, adjutants general of
States, and other State civil authorities responsible for homeland
preparation and response to natural and man-made disasters.
(c) Two Versions.--The plan shall set forth two versions of
response, one using only members of the National Guard, and one using
both members of the National Guard and members of the regular
components of the Armed Forces.
(d) Matters Covered.--The plan shall cover, at a minimum, the
following:
(1) Protocols for the Department of Defense, the National Guard
Bureau, and the Governors of the several States to carry out
operations in coordination with each other and to ensure that
Governors and local communities are properly informed and remain in
control in their respective States and communities.
(2) An identification of operational procedures, command
structures, and lines of communication to ensure a coordinated,
efficient response to contingencies.
(3) An identification of the training and equipment needed for
both National Guard personnel and members of the Armed Forces on
active duty to provide military assistance to civil authorities and
for other domestic operations to respond to hazards identified in
the national planning scenarios.
(e) National Planning Scenarios.--The plan shall provide for
response to the following hazards:
(1) Nuclear detonation, biological attack, biological disease
outbreak/pandemic flu, the plague, chemical attack-blister agent,
chemical attack-toxic industrial chemicals, chemical attack-nerve
agent, chemical attack-chlorine tank explosion, major hurricane,
major earthquake, radiological attack-radiological dispersal
device, explosives attack-bombing using improvised explosive
device, biological attack-food contamination, biological attack-
foreign animal disease and cyber attack.
(2) Any other hazards identified in a national planning
scenario developed by the Homeland Security Council.

SEC. 1815. DETERMINATION OF DEPARTMENT OF DEFENSE CIVIL SUPPORT
REQUIREMENTS.

(a) Determination of Requirements.--The Secretary of Defense, in
consultation with the Secretary of Homeland Security, shall determine
the military-unique capabilities needed to be provided by the
Department of Defense to support civil authorities in an incident of
national significance or a catastrophic incident.
(b) Plan for Funding Capabilities.--
(1) Plan.--The Secretary of Defense shall develop and implement
a plan, in coordination with the Secretaries of the military
departments and the Chairman of the Joint Chiefs of Staff, for
providing the funds and resources necessary to develop and maintain
the following:
(A) The military-unique capabilities determined under
subsection (a).
(B) Any additional capabilities determined by the Secretary
to be necessary to support the use of the active components and
the reserve components of the Armed Forces for homeland defense
missions, domestic emergency responses, and providing military
support to civil authorities.
(2) Term of plan.--The plan required under paragraph (1) shall
cover at least five years.
(c) Budget.--The Secretary of Defense shall include in the
materials accompanying the budget submitted for each fiscal year a
request for funds necessary to carry out the plan required under
subsection (b) during the fiscal year covered by the budget. The
defense budget materials shall delineate and explain the budget
treatment of the plan for each component of each military department,
each combatant command, and each affected Defense Agency.
(d) Definitions.--In this section:
(1) The term ``military-unique capabilities'' means those
capabilities that, in the view of the Secretary of Defense--
(A) cannot be provided by other Federal, State, or local
civilian agencies; and
(B) are essential to provide support to civil authorities
in an incident of national significance or a catastrophic
incident.
(2) The term ``defense budget materials'', with respect to a
fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal year.
(e) Strategic Planning Guidance.--Section 113(g)(2) of title 10,
United States Code, is amended by striking ``contingency plans'' at the
end of the first sentence and inserting the following: ``contingency
plans, including plans for providing support to civil authorities in an
incident of national significance or a catastrophic incident, for
homeland defense, and for military support to civil authorities''.

Subtitle B--Additional Reserve Component Enhancement

SEC. 1821. UNITED STATES NORTHERN COMMAND.

(a) Manpower Review.--
(1) Review by chairman of the joint chiefs of staff.--Not later
than one year after the date of the enactment of this Act, the
Chairman of the Joint Chiefs of Staff shall submit to the Secretary
of Defense a review of the civilian and military positions, job
descriptions, and assignments within the United States Northern
Command with the goal of determining the feasibility of
significantly increasing the number of members of a reserve
component assigned to, and civilians employed by, the United States
Northern Command who have experience in the planning, training, and
employment of forces for homeland defense missions, domestic
emergency response, and providing military support to civil
authorities.
(2) Submission of results of review.--Not later than 90 days
after the date on which the Secretary of Defense receives the
results of the review under paragraph (1), the Secretary shall
submit to Congress a copy of the results of the review, together
with such recommendations as the Secretary considers appropriate to
achieve the objectives of the review.
(b) Definition.--In this section, the term ``United States Northern
Command'' means the combatant command the geographic area of
responsibility of which includes the United States.

SEC. 1822. COUNCIL OF GOVERNORS.

The President shall establish a bipartisan Council of Governors to
advise the Secretary of Defense, the Secretary of Homeland Security,
and the White House Homeland Security Council on matters related to the
National Guard and civil support missions.

SEC. 1823. PLAN FOR RESERVE FORCES POLICY BOARD.

(a) Plan.--The Secretary of Defense shall develop a plan to
implement revisions that the Secretary determines necessary in the
designation, organization, membership, functions, procedures, and
legislative framework of the Reserve Forces Policy Board. The plan--
(1) shall be consistent with the findings, conclusions, and
recommendations included in Part III E of the Report of the
Commission on the National Guard and Reserves of March 1, 2007; and
(2) to the extent possible, shall take into account the views
and recommendations of civilian and military leaders, past chairmen
of the Reserve Forces Policy Board, private organizations with
expertise and interest in Department of Defense organization, and
other individuals or groups in the discretion of the Secretary.
(b) Report.--Not later than July 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 plan developed under
subsection (a), including such recommendations for legislation as the
Secretary considers necessary.

SEC. 1824. HIGH-LEVEL POSITIONS AUTHORIZED OR REQUIRED TO BE HELD BY
RESERVE COMPONENT GENERAL OR FLAG OFFICERS.

(a) Sense of Congress.--It is the sense of Congress that, whenever
officers of the Armed Forces are considered for promotion to the grade
of lieutenant general, or vice admiral in the case of the Navy, on the
active duty list, officers in the reserve components of the Armed
Forces who are eligible for promotion to such grade should be
considered for promotion to such grade.
(b) National Guard Officer as Deputy Commander of United States
Northern Command.--Section 164(e) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(4) At least one deputy commander of the combatant command the
geographic area of responsibility of which includes the United States
shall be a qualified officer of the National Guard who is eligible for
promotion to the grade of O-9, unless a National Guard officer is
serving as commander of that combatant command.''.
(c) Increase in Number of Unified and Specified Combatant Command
Positions for Reserve Component Officers.--Section 526(b)(2)(A) of such
title is amended by striking ``10 general and flag officer positions on
the staffs of the commanders of'' and inserting ``15 general and flag
officer positions in''.

SEC. 1825. RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS ON CERTAIN
RESERVE GENERAL AND FLAG OFFICERS.

(a) Retirement for Age.--
(1) Inclusion of reserve generals and admirals.--Section 14511
of title 10, United States Code, is amended to read as follows:

``Sec. 14511. Separation at age 64: officers in grade of major general
or rear admiral and above

``(a) Separation Required.--Unless retired, transferred to the
Retired Reserve, or discharged at an earlier date, each reserve officer
of the Army, Air Force, or Marine Corps in the grade of major general
or above and each reserve officer of the Navy in the grade of rear
admiral or above shall be separated in accordance with section 14515 of
this title on the last day of the month in which the officer becomes 64
years of age.
``(b) Exception for Officers Serving in O-9 and O-10 Positions.--
The retirement of a reserve officer of the Army, Air Force, or Marine
Corps in the grade of lieutenant general or general, or a reserve
officer of the Navy in the grade of vice admiral or admiral, under
subsection (a) may be deferred--
``(1) by the President, but such a deferment may not extend
beyond the first day of the month following the month in which the
officer becomes 68 years of age; or
``(2) by the Secretary of Defense, but such a deferment may not
extend beyond the first day of the month following the month in
which the officer becomes 66 years of age.
``(c) Exception for Officers Holding Certain Offices.--This section
does not apply to an officer covered by section 14512 of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 1407 of such title is amended by striking the item
relating to section 14511 and inserting the following new item:

``14511. Separation at age 64: officers in grade of major general or
rear admiral and above.''.

(b) Conforming Amendments and Reserve Officers Holding Certain
Other Offices.--Section 14512 of such title is amended--
(1) in subsection (a)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (A), (B), and (C), respectively; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``The Secretary''; and
(B) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may defer the retirement of a
reserve officer serving in the position of Chief of the Navy Reserve or
Commander of the Marine Forces Reserve, but such deferment may not
extend beyond the first day of the month following the month in which
the officer becomes 66 years of age. A deferment under this paragraph
shall not count toward the limitation on the total number of officers
whose retirement may be deferred at any one time under paragraph
(1).''.
(c) Imposition of Years of Service Limitation.--
(1) Imposition of limitation.--Section 14508 of such title is
amended by inserting after subsection (c), as added by section 513,
the following new subsection:
``(d) Forty Years of Service for Generals and Admirals.--Unless
retired, transferred to the Retired Reserve, or discharged at an
earlier date, each reserve officer of the Army, Air Force, or Marine
Corps in the grade of general and each reserve officer of the Navy in
the grade of admiral shall be separated in accordance with section
14514 of this title on the first day of the first month beginning after
the date of the fifth anniversary of the officer's appointment to that
grade or 30 days after the date on which the officer completes 40 years
of commissioned service, whichever is later.''.
(2) Conforming amendments.--Subsection (b) of section 10502 of
such title, as amended by section 1811, is further amended--
(A) by inserting ``(1)'' before the first sentence; and
(B) by striking ``While holding that office'' and inserting
the following:
``(2) Except as provided in section 14508(d) of this title, while
holding the office of Chief of the National Guard Bureau''.

SEC. 1826. ADDITIONAL REPORTING REQUIREMENTS RELATING TO NATIONAL GUARD
EQUIPMENT.

Section 10541 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Each report under this section concerning equipment of the
National Guard shall also include the following:
``(1) A statement of the accuracy of the projections required
by subsection (b)(5)(D) contained in earlier reports under this
section, and an explanation, if the projection was not met, of why
the projection was not met.
``(2) A certification from the Chief of the National Guard
Bureau setting forth an inventory for the preceding fiscal year of
each item of equipment--
``(A) for which funds were appropriated;
``(B) which was due to be procured for the National Guard
during that fiscal year; and
``(C) which has not been received by a National Guard unit
as of the close of that fiscal year.''.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2008''.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII and in title XXIX for military construction projects,
land acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization Security
Investment Program (and authorizations of appropriations therefor)
shall expire on the later of--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2011.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing funds for
fiscal year 2011 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment Program.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Anniston Army Depot.......................... $26,000,000
Redstone Arsenal............................. $22,000,000
Alaska......................................... Fort Richardson.............................. $92,800,000
Fort Wainwright.............................. $114,500,000
Arizona........................................ Fort Huachuca................................ $129,600,000
California..................................... Fort Irwin................................... $24,000,000
Presidio, Monterey........................... $28,000,000
Colorado....................................... Fort Carson.................................. $156,200,000
Delaware....................................... Dover Air Force Base......................... $17,500,000
Florida........................................ Miami Doral.................................. $237,000,000
Georgia........................................ Fort Benning................................. $189,500,000
Fort Stewart/Hunter Army Air Field........... $123,500,000
Hawaii......................................... Fort Shafter................................. $31,000,000
Kahuku Training Area......................... $10,200,000
Schofield Barracks........................... $88,000,000
Wheeler Army Air Field....................... $51,000,000
Illinois....................................... Rock Island Arsenal.......................... $3,350,000
Kansas......................................... Fort Leavenworth............................. $102,400,000
Fort Riley................................... $140,200,000
Kentucky....................................... Fort Campbell................................ $113,600,000
Fort Knox.................................... $6,700,000
Louisiana...................................... Fort Polk.................................... $15,900,000
Maryland....................................... Aberdeen Proving Ground...................... $12,200,000
Michigan....................................... Detroit Arsenal.............................. $18,500,000
Missouri....................................... Fort Leonard Wood............................ $136,050,000
Nevada......................................... Hawthorne Army Ammunition Plant.............. $11,800,000
New Jersey..................................... Picatinny Arsenal............................ $9,900,000
New Mexico..................................... White Sands Missile Range.................... $71,000,000
New York....................................... Fort Drum.................................... $311,200,000
North Carolina................................. Fort Bragg................................... $287,200,000
Oklahoma....................................... Fort Sill.................................... $7,500,000
South Carolina................................. Fort Jackson................................. $85,000,000
Texas.......................................... Camp Bullis.................................. $1,600,000
Corpus Christi............................... $11,200,000
Fort Bliss................................... $118,400,000
Fort Hood.................................... $163,400,000
Fort Sam Houston............................. $19,150,000
Red River Army Depot......................... $9,200,000
Virginia....................................... Fort Belvoir................................. $13,000,000
Fort Eustis.................................. $75,000,000
Fort Lee..................................... $22,600,000
Fort Myer.................................... $20,800,000
Washington..................................... Fort Lewis................................... $178,500,000
Yakima Training Center....................... $29,000,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number of units,
and in the amounts set forth in the following table:

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Utah.................................... Dugway Proving Ground.......... 28................... $5,000,000
Germany................................. Ansbach........................ 138.................. $52,000,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $2,000,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $365,400,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2007,
for military construction, land acquisition, and military family
housing functions of the Department of the Army in the total amount of
$5,106,703,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $3,198,150,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $254,950,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$25,900,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$321,983,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$424,400,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United States
Code), $731,920,000.
(6) For the construction of increment 2 of a barracks complex
at Fort Lewis, Washington, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2445), as amended by
section 20814 of the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289), as added by section 2 of the
Revised Continuing Appropriations Resolution, 2007 (Public Law 110-
5; 121 Stat. 41), $102,000,000.
(7) For the construction of increment 3 of a barracks complex
at Fort Bragg, North Carolina, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3485), $47,400,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $137,000,000 (the balance of the amount authorized under
section 2101(a) for construction of the United States Southern
Command Headquarters, Miami, Florida).
(3) $63,500,000 (the balance of the amount authorized under
section 2101(b) for construction of a brigade complex operations
support facility at Vicenza, Italy).
(4) $63,500,000 (the balance of the amount authorized under
section 2101(b) for construction of a brigade complex barracks and
community support facility at Vicenza, Italy).

SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 ARMY
PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.

(a) Termination of Inside the United States Projects.--The table in
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2445), as
amended by section 20814 of the Continuing Appropriations Resolution,
2007 (division B of Public Law 109-289), as added by section 2 of the
Revised Continuing Appropriations Resolution, 2007 (Public Law 110-5),
is further amended--
(1) by striking the item relating to Redstone Arsenal, Alabama;
(2) by striking the item relating to Fort Wainwright, Alaska;
(3) in the item relating to Fort Irwin, California, by striking
``$18,200,000'' in the amount column and inserting ``$10,000,000'';
(4) in the item relating to Fort Carson, Colorado, by striking
``$30,800,000'' in the amount column and inserting ``$24,000,000'';
(5) in the item relating to Fort Leavenworth, Kansas, by
striking ``$23,200,000'' in the amount column and inserting
``$15,000,000'';
(6) in the item relating to Fort Riley, Kansas, by striking
``$47,400,000'' in the amount column and inserting ``$37,200,000'';
(7) in the item relating to Fort Campbell, Kentucky, by
striking ``$135,300,000'' in the amount column and inserting
``$115,400,000'';
(8) by striking the item relating to Fort Polk, Louisiana;
(9) by striking the item relating to Aberdeen Proving Ground,
Maryland;
(10) by striking the item relating to Fort Detrick, Maryland;
(11) by striking the item relating to Detroit Arsenal,
Michigan;
(12) in the item relating to Fort Leonard Wood, Missouri, by
striking ``$34,500,000'' in the amount column and inserting
``$17,000,000'';
(13) by striking the item relating to Picatinny Arsenal, New
Jersey;
(14) in the item relating to Fort Drum, New York, by striking
``$218,600,000'' in the amount column and inserting
``$209,200,000'';
(15) in the item relating to Fort Bragg, North Carolina, by
striking ``$96,900,000'' in the amount column and inserting
``$89,000,000'';
(16) by striking the item relating to Letterkenny Depot,
Pennsylvania;
(17) by striking the item relating to Corpus Christi Army
Depot, Texas;
(18) by striking the item relating to Fort Bliss, Texas;
(19) in the item relating to Fort Hood, Texas, by striking
``$93,000,000'' in the amount column and inserting ``$75,000,000'';
(20) by striking the item relating to Red River Depot, Texas;
and
(21) by striking the item relating to Fort Lee, Virginia.
(b) Conforming Amendments.--Section 2104(a) of such Act (120 Stat.
2447) is amended--
(1) in the matter preceding paragraph (1), by striking
``$3,518,450,000'' and inserting ``$3,275,700,000''; and
(2) in paragraph (1), by striking ``$1,362,200,000'' and
inserting ``$1,119,450,000''.

SEC. 2106. TECHNICAL AMENDMENTS TO MILITARY CONSTRUCTION AUTHORIZATION
ACT FOR FISCAL YEAR 2007.

(a) Location of Project in Romania.--The table in section 2101(b)
of the Military Construction Authorization Act for 2007 (division B of
Public Law 109-364; 120 Stat. 2446) is amended by striking ``Babadag
Range'' and inserting ``Mihail Kogalniceanu Air Base''.
(b) Spelling Error Relating to Army Family Housing.--The table in
section 2102(a) of the Military Construction Authorization Act for 2007
(division B of Public Law 109-364; 120 Stat. 2446) is amended by
striking ``Fort McCoyine'' and inserting ``Fort McCoy''.

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2006 PROJECT.

(a) Modification.--The table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3485) is amended in the item relating to
Fort Bragg, North Carolina, by striking ``$301,250,000'' in the amount
column and inserting ``$308,250,000''.
(b) Conforming Amendments.--Section 2104(b)(5) of that Act (119
Stat. 3488) is amended by striking ``$77,400,000'' and inserting
``$84,400,000''.

SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005
PROJECT.

(a) Extension and Renewal.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108-375; 118 Stat. 2116), the authorization set forth
in the table in subsection (b), as provided in section 2101 of that Act
(118 Stat. 2101), shall remain in effect until October 1, 2008, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Army: Extension of 2005 Project Authorization
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Schofield Barracks, Hawaii..... Training facility...... $35,542,000
------------------------------------------------------------------------

SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FACILITY, MIAMI-DORAL,
FLORIDA.

(a) Ground Lease Authorized.--The Secretary of the Army may utilize
the State of Florida property as described in sublease number 4489-01,
entered into between the State of Florida and the United States (in
this section referred to as the ``ground lease''), for the purpose of
constructing a consolidated headquarters facility for the United States
Southern Command (SOUTHCOM).
(b) Additional Terms and Conditions.--The Secretary of the Army may
carry out the project to construct a new headquarters on property
leased from the State of Florida when the following conditions have
been met regarding the lease for the property:
(1) The United States Government shall have the right to use
the property without interruption until at least December 31, 2055.
(2) The United States Government shall have the right to use
the property for general administrative purposes in the event the
United States Southern Command relocates or vacates the property.
(c) Authority To Obtain Ground Lease of Adjacent Property.--The
Secretary may obtain the ground lease of additional real property owned
by the State of Florida that is adjacent to the real property leased
under the ground lease for purposes of completing the construction of
the SOUTHCOM headquarters facility, as long as the additional terms of
the ground lease required by subsection (b) apply to such adjacent
property.
(d) Limitation.--The Secretary may not obligate or expend funds
appropriated pursuant to the authorization of appropriations in section
2104(a)(1) for the construction of the SOUTHCOM headquarters facility
authorized under section 2101(a) until the Secretary transmits to the
congressional defense committees a modification to the ground lease
signed by the United States Government and the State of Florida in
accordance with subsection (b).

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Outlying Field Evergreen..................... $9,560,000
Arizona........................................ Marine Corps Air Station, Yuma............... $33,720,000
California..................................... Marine Corps Air Station, Miramar............ $26,760,000
Marine Corps Base, Camp Pendleton............ $264,360,000
Marine Corps Base, Twentynine Palms.......... $142,619,000
Naval Station, San Diego..................... $3,000,000
Naval Support Activity, Monterey............. $9,780,000
Submarine Base, San Diego.................... $23,630,000
Connecticut.................................... Submarine Base, New London................... $21,160,000
Florida........................................ Marine Corps Logistics Base, Blount Island... $10,240,000
Naval Support Activity, Cape Canaveral....... $9,900,000
Naval Surface Warfare Center, Panama City.... $13,870,000
Naval Training Center, Corry Field........... $3,140,000
Georgia........................................ Marine Corps Logistics Base.................. $9,980,000
Hawaii......................................... Marine Corps Air Station, Kaneohe............ $37,961,000
Naval Base, Pearl Harbor..................... $99,860,000
Naval Station Pearl Harbor, Wahiawa.......... $65,410,000
Pearl Harbor Naval Shipyard.................. $30,200,000
Illinois....................................... Naval Training Center, Great Lakes........... $10,221,000
Indiana........................................ Naval Support Activity, Crane................ $23,800,000
Maine.......................................... Portsmouth Naval Shipyard.................... $9,700,000
Maryland....................................... Naval Air Warfare Center, Patuxent River..... $38,360,000
Naval Surface Warfare Center, Indian Head.... $9,450,000
Mississippi.................................... Naval Air Station, Meridian.................. $6,770,000
Nevada......................................... Naval Air Station, Fallon.................... $11,460,000
New Jersey..................................... Naval Air Warfare Center, Lakehurst.......... $4,100,000
North Carolina................................. Marine Corps Air Station, Cherry Point....... $28,610,000
Marine Corps Air Station, New River.......... $58,700,000
Marine Corps Base, Camp Lejeune.............. $248,930,000
Rhode Island................................... Naval Station, Newport....................... $13,760,000
South Carolina................................. Marine Corps Air Station, Beaufort........... $10,300,000
Marine Corps Recruit Depot, Parris Island.... $55,282,000
Texas.......................................... Naval Air Station, Corpus Christi............ $14,290,000
Virginia....................................... Marine Corps Base, Quantico.................. $50,519,000
Naval Station, Norfolk....................... $79,560,000
Naval Support Activity, Chesapeake........... $8,450,000
Naval Surface Warfare Center, Dahlgren....... $10,000,000
Washington..................................... Naval Air Station, Whidbey Island............ $34,520,000
Naval Station, Bremerton..................... $190,960,000
Naval Station, Everett....................... $10,940,000
Naval Station, Kitsap........................ $6,130,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Bahrain...................... Southwest Asia........... $35,500,000
Diego Garcia................. Naval Support Facility, $7,150,000
Diego Garcia.
Djibouti..................... Camp Lemonier............ $22,390,000
Guam......................... Naval Activities, Guam... $278,818,000
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(3), the
Secretary of the Navy may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amount set forth in the following table:

Navy: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Unspecified........ Wharf Utilities Upgrade.. $8,900,000
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(6)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations, in the number of units, and in the
amounts set forth in the following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Twentynine Palms............... N/A.................. $4,800,000
Mariana Islands......................... Naval Activities, Guam......... 73................... $57,167,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(6)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $3,172,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(6)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $237,990,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2007, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $2,885,317,000, as
follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $1,628,762,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $292,946,000.
(3) For military construction projects at unspecified worldwide
locations authorized by section 2201(c), $11,600,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$113,017,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$293,129,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $371,404,000.
(7) For the construction of increment 2 of the construction of
an addition to the National Maritime Intelligence Center, Suitland,
Maryland, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2448), $52,069,000.
(8) For the construction of increment 3 of recruit training
barracks infrastructure upgrade at Recruit Training Command, Great
Lakes, Illinois, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3490), $16,650,000.
(9) For the construction of increment 3 of wharf upgrades at
Yokosuka, Japan, authorized by section 2201(b) of the Military
Construction Authorization Act of Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3490), $8,750,000.
(10) For the construction of increment 2 of the Bachelor
Enlisted Quarters Homeport Ashore Program at Bremerton, Washington
(formerly referred to as a project at Naval Station, Everett),
authorized by section 2201(a) of the Military Construction
Authorization Act of Fiscal Year 2006 (division B of Public Law
109-163; 119 Stat. 3490), $47,240,000.
(11) For the construction of increment 4 of the limited area
production and storage complex at Naval Submarine Base, Kitsap,
Bangor, Washington (formerly referred to as a project at the
Strategic Weapons Facility Pacific, Bangor), authorized by section
2201(a) of the Military Construction Authorization Act of Fiscal
Year 2005 (division B of Public Law 108-375; 118 Stat. 2105), as
amended by section 2206 of the Military Construction Authorization
Act for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3493), $39,750,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $50,000,000 (the balance of the amount authorized under
section 2201(a) for a submarine drive-in magnetic silencing
facility in Pearl Harbor, Hawaii).
(3) $50,912,000 (the balance of the amount authorized under
section 2201(b) for construction of a wharf extension in Apra
Harbor, Guam).
(4) $71,200,000 (the balance of the amount authorized under
section 2201(a) for a nuclear aircraft carrier maintenance pier at
Naval Station Bremerton, Washington).

SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 NAVY
PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.

(a) Termination of Inside the United States Projects.--The table in
section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2449) is
amended--
(1) in the item relating to Marine Corps Base, Twentynine
Palms, California, by striking ``$27,217,000'' in the amount column
and inserting ``$8,217,000'';
(2) by striking the item relating to Naval Support Activity,
Monterey, California;
(3) by striking the item relating to Naval Submarine Base, New
London, Connecticut;
(4) by striking the item relating to Cape Canaveral, Florida;
(5) in the item relating to Marine Corps Logistics Base,
Albany, Georgia, by striking ``$70,540,000'' in the amount column
and inserting ``$62,000,000'';
(6) by striking the item relating to Naval Magazine, Pearl
Harbor, Hawaii;
(7) by striking the item relating to Naval Shipyard, Pearl
Harbor, Hawaii;
(8) by striking the item relating to Naval Support Activity,
Crane, Indiana;
(9) by striking the item relating to Portsmouth Naval Shipyard,
Maine;
(10) by striking the item relating to Naval Air Station,
Meridian, Mississippi;
(11) by striking the item relating to Naval Air Station,
Fallon, Nevada;
(12) by striking the item relating to Marine Corps Air Station,
Cherry Point, North Carolina;
(13) by striking the item relating to Naval Station, Newport,
Rhode Island;
(14) in the item relating to Marine Corps Air Station,
Beaufort, South Carolina, by striking ``$25,575,000'' in the amount
column and inserting ``$22,225,000'';
(15) by striking the item relating to Naval Special Weapons
Center, Dahlgren, Virginia;
(16) in the item relating to Naval Support Activity, Norfolk,
Virginia, by striking ``$41,712,000'' in the amount column and
inserting ``$28,462,000'';
(17) in the item relating to Naval Air Station, Whidbey Island,
Washington, by striking ``$67,303,000'' in the amount column and
inserting ``$57,653,000''; and
(18) in the item relating to Naval Base, Kitsap, Washington, by
striking ``$17,617,000'' in the amount column and inserting
``$13,507,000''.
(b) Termination of Military Family Housing Projects.--Section
2204(a)(6)(A) of such Act (120 Stat. 2450) is amended by striking
``$308,956,000'' and inserting ``$305,256,000''.
(c) Conforming Amendments.--Section 2204(a) of such Act (120 Stat.
2450) is amended--
(1) in the matter preceding paragraph (1), by striking
``$2,109,367,000'' and inserting ``$1,946,867,000''; and
(2) in paragraph (1), by striking ``$832,982,000'' and
inserting ``$674,182,000''.

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2005 PROJECT.

(a) Modification.--The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2105), as amended by section 2206 of the
Military Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3493) and section 2205 of the
Military Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2452), is amended--
(1) in the item relating to Strategic Weapons Facility Pacific,
Bangor, Washington, by striking ``$147,760,000'' in the amount
column and inserting ``$295,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$972,719,000''.
(b) Conforming Amendment.--Section 2204 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 118 Stat. 2107), as amended by section 2206 of the
Military Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3493) and section 2205 of the
Military Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2453), is amended in subsection
(b)(6), by striking ``$95,320,000'' and inserting ``$259,320,000''.

SEC. 2207. REPEAL OF AUTHORIZATION FOR CONSTRUCTION OF NAVY OUTLYING
LANDING FIELD, WASHINGTON COUNTY, NORTH CAROLINA.

(a) Repeal of Authorization.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1704) is amended by striking the
item relating to Navy Outlying Landing Field, Washington County, North
Carolina, as added by section 2205(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public Law 109-
364; 120 Stat. 2452).
(b) Repeal of Incremental Funding Authority.--Section 2204(b) of
that Act (117 Stat. 1706) is amended by striking paragraph (6).
(c) Effect of Repeal.--The amendments made by this section do not
affect the expenditure of funds obligated, before the effective date of
this title, for the construction of the Navy Outlying Landing Field,
Washington County, North Carolina, or the acquisition of real property
to facilitate such construction.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:

Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alaska...................... Elmendorf Air Force Base $83,180,000
Arizona..................... Davis-Monthan Air Force $11,200,000
Base.
Luke Air Force Base..... $5,500,000
Arkansas.................... Little Rock Air Force $19,600,000
Base.
California.................. Travis Air Force Base... $37,400,000
Colorado.................... Fort Carson............. $13,500,000
Schriever Air Force Base $24,500,000
United States Air Force $15,000,000
Academy.
District of Columbia........ Bolling Air Force Base.. $2,500,000
Florida..................... Eglin Air Force Base.... $158,300,000
MacDill Air Force Base.. $60,500,000
Patrick Air Force Base.. $11,854,000
Tyndall Air Force Base.. $52,514,000
Georgia..................... Moody Air Force Base.... $7,500,000
Robins Air Force Base... $19,700,000
Hawaii...................... Hickam Air Force Base... $31,971,000
Illinois.................... Scott Air Force Base.... $24,900,000
Kansas...................... Fort Riley.............. $12,515,000
McConnell Air Force Base $6,300,000
Massachusetts............... Hanscom Air Force Base.. $12,800,000
Mississippi................. Columbus Air Force Base. $9,800,000
Missouri.................... Whiteman Air Force Base. $11,400,000
Montana..................... Malmstrom Air Force Base $7,000,000
Nebraska.................... Offutt Air Force Base... $16,952,000
Nevada...................... Nellis Air Force Base... $4,950,000
New Mexico.................. Cannon Air Force Base... $1,688,000
Kirtland Air Force Base. $15,100,000
North Dakota................ Grand Forks Air Force $13,000,000
Base.
Minot Air Force Base.... $18,200,000
Oklahoma.................... Altus Air Force Base.... $2,000,000
Tinker Air Force Base.. $34,600,000
Vance Air Force Base.... $7,700,000
South Carolina.............. Charleston Air Force $11,000,000
Base.
Shaw Air Force Base..... $9,300,000
South Dakota................ Ellsworth Air Force Base $16,600,000
Texas....................... Goodfellow Air Force $5,800,000
Base.
Lackland Air Force Base. $14,000,000
Laughlin Air Force Base. $5,200,000
Randolph Air Force Base. $2,950,000
Shepard Air Force Base.. $7,000,000
Utah........................ Hill Air Force Base..... $25,999,000
Washington.................. Fairchild Air Force Base $6,200,000
Wyoming..................... Francis E. Warren Air $14,600,000
Force Base.
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:

Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Base........ $48,209,000
Guam......................... Andersen Air Force Base.. $15,816,000
Qatar........................ Al Udeid Air Base........ $22,300,000
Spain........................ Moron Air Base........... $1,800,000
United Kingdom............... Royal Air Force $17,300,000
Lakenheath.
Royal Air Force Menwith $41,000,000
Hill Station.
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(3), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amount set forth in the following table:

Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Classified......... Classified Project....... $1,500,000
Classified-Special $12,328,000
Evaluation Program.
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2304(6)(A),
the Secretary of the Air Force may construct or acquire family housing
units (including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amounts
set forth in the following table:

Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................. Ramstein Air Base................ 117................ $56,275,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(6)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $12,210,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(6)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $259,262,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force in the total amount of $2,175,829,000, as follows:
(1) For military construction projects inside the United States
authorized by section 2301(a), $872,273,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $146,425,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c), $13,828,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$15,000,000.
(5) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$43,721,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$327,747,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $688,335,000.
(7) For the construction of increments 3 and 4 of the main base
runway at Edwards Air Force Base, California, authorized by section
2301(a) of the Military Construction Authorization Act for Fiscal
Year 2006 (division B of Public Law 109-163; 119 Stat. 3494),
$43,500,000.
(8) For the construction of increment 3 of the CENTCOM Joint
Intelligence Center at MacDill Air Force Base, Florida, authorized
by section 2301(a) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3494), as amended by section 2305 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public Law
109-364; 120 Stat. 2456), $25,000,000.

SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 AIR
FORCE PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.

(a) Termination of Inside the United States Projects.--The table in
section 2301(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2453) is
amended--
(1) in the item relating to Elmendorf, Alaska, by striking
``$68,100,000'' in the amount column and inserting ``$56,100,000'';
(2) in the item relating to Davis-Monthan Air Force Base,
Arizona, by striking ``$11,800,000'' in the amount column and
inserting ``$4,600,000'';
(3) by striking the item relating to Little Rock Air Force
Base, Arkansas;
(4) in the item relating to Travis Air Force Base, California,
by striking ``$85,800,000'' in the amount column and inserting
``$73,900,000'';
(5) by striking the item relating to Peterson Air Force Base,
Colorado;
(6) in the item relating to Dover Air Force, Delaware, by
striking ``$30,400,000'' in the amount column and inserting
``$26,400,000'';
(7) in the item relating to Eglin Air Force Base, Florida, by
striking ``$30,350,000'' in the amount column and inserting
``$19,350,000'';
(8) in the item relating to Tyndall Air Force Base, Florida, by
striking ``$8,200,000'' in the amount column and inserting
``$1,800,000'';
(9) in the item relating to Robins Air Force Base, Georgia, by
striking ``$59,600,000'' in the amount column and inserting
``$38,600,000'';
(10) in the item relating to Scott Air Force Base, Illinois, by
striking ``$28,200,000'' in the amount column and inserting
``$20,000,000'';
(11) by striking the item relating to McConnell Air Force Base,
Kansas;
(12) by striking the item relating to Hanscom Air Force Base,
Massachusetts;
(13) by striking the item relating to Whiteman Air Force Base,
Missouri;
(14) by striking the item relating to Malmstrom Air Force Base,
Montana;
(15) in the item relating to McGuire Air Force Base, New
Jersey, by striking ``$28,500,000'' in the amount column and
inserting ``$15,500,000'';
(16) by striking the item relating to Kirtland Air Force Base,
New Mexico;
(17) by striking the item relating to Minot Air Force Base,
North Dakota;
(18) in the item relating to Altus Air Force Base, Oklahoma, by
striking ``$9,500,000'' in the amount column and inserting
``$1,500,000'';
(19) by striking the item relating to Tinker Air Force Base,
Oklahoma;
(20) by striking the item relating to Charleston Air Force
Base, South Carolina;
(21) in the item relating to Shaw Air Force Base, South
Carolina, by striking ``$31,500,000'' in the amount column and
inserting ``$22,200,000'';
(22) by striking the item relating to Ellsworth Air Force Base,
South Dakota;
(23) by striking the item relating to Laughlin Air Force Base,
Texas;
(24) by striking the item relating to Sheppard Air Force Base,
Texas;
(25) in the item relating to Hill Air Force Base, Utah, by
striking ``$63,400,000'' in the amount column and inserting
``$53,400,000''; and
(26) by striking the item relating to Fairchild Air Force Base,
Washington.
(b) Conforming Amendments.--Section 2304(a) of such Act (120 Stat.
2455) is amended--
(1) in the matter preceding paragraph (1), by striking
``$3,231,442,000'' and inserting ``$3,005,817,000''; and
(2) in paragraph (1), by striking ``$962,286,000'' and
inserting ``$736,661,000''.
(c) Exception.--The termination of the authorization of a military
construction project or land acquisition as a result of the amendment
made by subsection (a) shall not apply with respect to a military
construction project or land acquisition--
(1) that was authorized by section 2301(a) of such Act; and
(2) for which a contract for the construction or acquisition
was entered into before October 1, 2007.

SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2006 PROJECTS.

(a) Further Modification of Inside the United States Project.--The
table in section 2301(a) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3494), as amended by section 2305(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public Law 109-
364; 120 Stat. 2456), is further amended--
(1) in the item relating to Edwards Air Force Base, California,
by striking ``$103,000,000'' in the amount column and inserting
``$111,500,000''; and
(2) in the item relating to MacDill Air Force Base, Florida, by
striking ``$101,500,000'' in the amount column and inserting
``$126,500,000''.
(b) Conforming Amendments.--Section 2304(b) of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3496), as amended by section 2305(b) of
the Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2456), is further
amended--
(1) in paragraph (3), by striking ``$66,000,000'' and inserting
``$74,500,000''; and
(2) in paragraph (4), by striking ``$23,300,000'' and inserting
``$48,300,000''.

SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECTS.

(a) Extension and Renewal.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108-375; 118 Stat. 2116), the authorizations set forth
in the table in subsection (b), as provided in section 2302 of that Act
(118 Stat. 2110), shall remain in effect until October 1, 2008, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Air Force: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Davis-Monthan Air Force Base, Family housing (250 $48,500,000
Arizona. units).
Vandenberg Air Force Base, Family housing (120 $30,906,000
California. units).
MacDill Air Force Base, Florida Family housing (61 $21,723,000
units).
Housing maintenance $1,250,000
facility.
Columbus Air Force Base, Housing management $711,000
Mississippi. facility.
Whiteman Air Force Base, Family housing (160 $37,087,000
Missouri. units).
Seymour Johnson Air Force Base, Family housing (167 $32,693,000
North Carolina. units).
Goodfellow Air Force Base, Family housing (127 $20,604,000
Texas. units).
Ramstein Air Base, Germany..... USAFE Theater Aerospace $24,024,000
Operations Support
Center.
------------------------------------------------------------------------

SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1716), authorizations set forth in the
table in subsection (b), as provided in section 2302 of that Act (117
Stat. 1710) and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public Law 109-
364; 120 Stat. 2464), shall remain in effect until October 1, 2008, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Air Force: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Travis Air Force Base, Family housing (56 $12,723,000
California. units).
Eglin Air Force Base, Florida.. Family housing (279 $32,166,000
units).
------------------------------------------------------------------------

TITLE XXIV--DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following tables:

Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina............................... Marine Corps Base, Camp Lejeune.................. $2,014,000
----------------------------------------------------------------------------------------------------------------

Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia........................... Bolling Air Force Base......................... $1,012,000
----------------------------------------------------------------------------------------------------------------

Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Port Loma Annex.................................. $140,000,000
Florida...................................... Naval Air Station, Key West...................... $1,874,000
Hawaii....................................... Hickam Air Force Base............................ $11,900,000
New Mexico................................... Kirtland Air Force Base.......................... $1,800,000
Ohio......................................... Defense Supply Center, Columbus.................. $4,000,000
Pennsylvania................................. Defense Distribution Depot, New Cumberland....... $21,000,000
Virginia..................................... Fort Belvoir..................................... $5,000,000
----------------------------------------------------------------------------------------------------------------

National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland..................................... Fort Meade....................................... $11,901,000
----------------------------------------------------------------------------------------------------------------

Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Marine Corps Base, Camp Pendleton................ $20,030,000
Naval Amphibious Base, Coronodo.................. $12,000,000
Florida...................................... Hurlburt Field................................... $29,111,000
MacDill Air Force Base........................... $47,700,000
Georgia...................................... Fort Benning..................................... $35,000,000
Hunter Army Air Field............................ $13,800,000
Kentucky..................................... Fort Campbell.................................... $53,500,000
Mississippi.................................. Stennis Space Center............................. $10,200,000
New Mexico................................... Cannon Air Force Base............................ $7,500,000
North Carolina............................... Fort Bragg....................................... $47,250,000
Marine Corps Base, Camp Lejeune.................. $28,210,000
Virginia..................................... Dam Neck......................................... $113,800,000
Naval Amphibious Base, Little Creek.............. $48,000,000
Washington................................... Fort Lewis....................................... $77,000,000
----------------------------------------------------------------------------------------------------------------

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Florida...................................... MacDill Air Force Base........................... $5,000,000
Illinois..................................... Naval Hospital, Great Lakes...................... $99,000,000
New York..................................... Fort Drum........................................ $41,000,000
Texas........................................ Camp Bullis...................................... $7,400,000
Virginia..................................... Naval Station, Norfolk........................... $6,450,000
Washington................................... Fort Lewis....................................... $21,000,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following tables:

Defense Education Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium....................................... Sterrebeek...................................... $5,992,000
Germany....................................... Ramstein Air Base............................... $5,393,000
Wiesbaden Air Base.............................. $20,472,000
----------------------------------------------------------------------------------------------------------------

Special Operations Command
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain....................................... Southwest Asia.................................. $19,000,000
Qatar......................................... Al Udeid AB..................................... $52,852,000
----------------------------------------------------------------------------------------------------------------

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany....................................... Spangdahlem Air Base............................ $30,100,000
----------------------------------------------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(3), the
Secretary of Defense may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amount set forth in the following table:

Defense Agencies: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Classified........................... Classified Project............................. $1,887,000
----------------------------------------------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(7), the Secretary of Defense may
carry out energy conservation projects under chapter 173 of title 10,
United States Code, in the amount of $70,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2007, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $1,763,120,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2401(a), $791,902,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $133,809,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c), $1,887,000.
(4) For unspecified minor military construction projects under
section 2805 of title 10, United States Code, $23,711,000.
(5) For contingency construction projects of the Secretary of
Defense under section 2804 of title 10, United States Code,
$5,000,000.
(6) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$155,569,000.
(7) For energy conservation projects authorized by section 2402
of this Act, $70,000,000.
(8) For military family housing functions:
(A) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $48,848,000.
(B) For credit to the Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of title 10,
United States Code, $500,000.
(9) For the construction of increment 3 of the regional
security operations center at Kunia, Hawaii, authorized by section
2401(a) of the Military Construction Authorization Act of Fiscal
Year 2006 (division B of Public Law 109-163; 119 Stat. 3497), as
amended by section 7017 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 485),
$136,318,000.
(10) For the construction of increment 3 of the regional
security operations center at Augusta, Georgia, authorized by
section 2401(a) of the Military Construction Authorization Act of
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3497), as amended by section 7016 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 485),
$100,000,000.
(11) For the construction of increment 2 of the health clinic
replacement at MacDill Air Force Base, Florida, authorized by
section 2401(a) of the Military Construction Authorization Act of
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2457), $41,400,000.
(12) For the construction of increment 2 of the replacement of
the Army Medical Research Institute of Infectious Diseases at Fort
Detrick, Maryland, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2457), $150,000,000.
(13) For the construction of increment 9 of a munitions
demilitarization facility at Pueblo Chemical Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law
104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839) and section 2407
of the Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698), $35,159,000.
(14) For the construction of increment 8 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law
106-65; 113 Stat. 835), as amended by section 2405 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1298) and section 2405 of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698), $69,017,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $84,300,000 (the balance of the amount authorized for the
Defense Logistics Agency under section 2401(a) for the replacement
of fuel storage facilities, Point Loma Annex, California).
(3) $47,250,000 (the balance of the amount authorized for the
Special Operations Command under section 2401(a) for a special
operations forces operations facility at Dam Neck, Virginia).

SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2007 DEFENSE AGENCIES PROJECTS.

(a) Termination of Projects for Which Funds Were Not
Appropriated.--The table relating to Special Operations Command in
section 2401(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2457) is
amended--
(1) by striking the item relating to Stennis Space Center,
Mississippi; and
(2) in the item relating to Fort Bragg, North Carolina, by
striking ``$51,768,000'' in the amount column and inserting
``$44,868,000''.
(b) Modification of Authority to Carry Out Certain Base Closure and
Realignment Activities.--Section 2405(a)(7) of that Act (120 Stat.
2460) is amended by striking ``$191,220,000'' and inserting
``$252,279,000''.
(c) Modification of Munitions Demilitarization Facility Project.--
Section 2405(a)(15) of that Act (120 Stat. 2461) is amended by striking
``$99,157,000'' and inserting ``$89,157,000''.
(d) Conforming Amendments.--Section 2405(a) of that Act (120 Stat.
2460) is amended--
(1) in the matter preceding paragraph (1), by striking
``$7,163,431,000'' and inserting ``$7,197,390,000''; and
(2) in paragraph (1), by striking ``$533,099,000'' and
inserting ``$515,999,000''.

SEC. 2405. MUNITIONS DEMILITARIZATION FACILITIES, BLUE GRASS ARMY
DEPOT, KENTUCKY, AND PUEBLO CHEMICAL ACTIVITY, COLORADO.

(a) Munitions Demilitarization Facility, Blue Grass Army Depot.--
(1) Authority to increase amount for construction.--Consistent
with the total project amount authorized for the construction a
munitions demilitarization facility at Blue Grass Army Depot,
Kentucky, by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law
106-65; 113 Stat. 836), as amended by section 2405 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1298) and section 2405 of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107-314; 116 Stat. 2698), the Secretary
of Defense may transfer amounts of authorizations made available by
section 2403(a)(1) of this Act to increase amounts available for
the construction of increment 8 of such munitions demilitarization
facility.
(2) Aggregate limit.--The aggregate amount of authorizations
that the Secretary may transfer under the authority of this
subsection may not exceed $17,300,000.
(b) Munitions Demilitarization Facility, Pueblo Chemical
Activity.--
(1) Authority to increase amount for construction.--Consistent
with the total project amount authorized for the construction a
munitions demilitarization facility at Pueblo Chemical Activity,
Colorado, by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2775), as amended by section 2406 of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 839) and section 2407 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), the Secretary of Defense may
transfer amounts of authorizations made available by section
2403(a)(1) of this Act to increase amounts available for the
construction of increment 9 of such munitions demilitarization
facility.
(2) Aggregate limit.--The aggregate amount of authorizations
that the Secretary may transfer under the authority of this
subsection may not exceed $32,000,000.
(c) Certification Requirement.--Before exercising the authority
provided in subsection (a) or (b), the Secretary of Defense shall
provide to the congressional defense committees--
(1) a certification that the transfer under such subsection of
amounts authorized to be appropriated is in the best interest of
national security; and
(2) a statement that the increased amount authorized to be
appropriated will be used to carry out authorized military
construction activities.

SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECTS.

(a) Extension and Renewal.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108-375; 118 Stat. 2116), the authorizations set forth
in the table in subsection (b), as provided in section 2401 of that Act
(118 Stat. 2112), shall remain in effect until October 1, 2008, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Defense Agencies: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Agency and Project Amount
------------------------------------------------------------------------
Naval Air Station, Oceana, DLA bulk fuel storage $3,589,000
Virginia. tank.
Naval Air Station, Jacksonville, TMA hospital project. $28,438,000
Florida.
------------------------------------------------------------------------

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2007, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $201,400,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(A), the Secretary of the Army may
acquire real property and carry out military construction projects for
the Army National Guard locations, and in the amounts, set forth in the
following table:

Army National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama....................... Springville................ $3,300,000
Arizona....................... Florence................... $10,870,000
Arkansas...................... Camp Robinson.............. $25,823,000
California.................... Camp Roberts............... $2,850,000
Sacramento Army Depot...... $21,000,000
Connecticut................... Niantic.................... $13,600,000
Florida....................... Camp Blanding.............. $15,524,000
Jacksonville............... $12,200,000
Idaho......................... Gowen Field................ $7,615,000
Orchard Training Area...... $1,700,000
Illinois...................... St. Clair County........... $8,100,000
Indiana....................... Muscatatuck................ $4,996,000
Iowa.......................... Iowa City.................. $13,186,000
Kentucky...................... London..................... $2,427,000
Michigan...................... Camp Grayling.............. $2,450,000
Lansing.................... $4,239,000
Minnesota..................... Camp Ripley................ $17,450,000
Mississippi................... Camp Shelby................ $4,000,000
Missouri...................... Whiteman Air Force Base.... $30,000,000
North Carolina................ Asheville.................. $3,733,000
North Dakota.................. Camp Grafton............... $33,416,000
Oregon........................ Ontario.................... $11,000,000
Pennsylvania.................. Carlisle................... $7,800,000
East Fallowfield Township.. $8,300,000
Fort Indiantown Gap........ $9,500,000
Gettysburg................. $6,300,000
Graterford................. $7,300,000
Hanover.................... $5,500,000
Hazelton................... $5,600,000
Holidaysburg............... $9,400,000
Huntingdon................. $7,500,000
Kutztown................... $6,800,000
Lebanon.................... $7,800,000
Philadelphia............... $13,650,000
Waynesburg................. $9,000,000
Rhode Island.................. East Greenwich............. $8,200,000
North Kingstown............ $33,000,000
Texas......................... Camp Bowie................. $1,500,000
Fort Wolters............... $2,100,000
Utah.......................... North Salt Lake............ $12,200,000
Vermont....................... Ethan Allen Range.......... $1,996,000
Virginia...................... Fort Pickett............... $26,211,000
Winchester................. $3,113,000
West Virginia................. Camp Dawson................ $9,400,000
Wyoming....................... Camp Guernsey.............. $2,650,000
------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(B), the Secretary of the Army may
acquire real property and carry out military construction projects for
the Army Reserve locations, and in the amounts, set forth in the
following table:

Army Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California.................... BT Collins................. $6,874,000
Fort Hunter Liggett........ $7,035,000
Garden Grove............... $25,440,000
Montana....................... Butte...................... $7,629,000
New Jersey.................... Fort Dix................... $22,900,000
New York...................... Fort Drum.................. $15,923,000
Texas......................... Ellington Field............ $15,000,000
Fort Worth................. $15,076,000
Wisconsin..................... Ellsworth.................. $9,100,000
Fort McCoy................. $8,523,000
------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(a)(2), the Secretary of the Navy may
acquire real property and carry out military construction projects for
the Navy Reserve and Marine Corps Reserve locations, and in the
amounts, set forth in the following table:

Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California.................... Miramar.................... $5,580,000
Michigan...................... Selfridge.................. $4,030,000
Ohio.......................... Wright-Patterson Air Force $10,277,000
Base.
Oregon........................ Portland................... $1,900,000
South Dakota.................. Sioux Falls................ $3,730,000
Texas......................... Austin..................... $6,490,000
Fort Worth................. $27,484,000
Virginia...................... Quantico................... $2,410,000
------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(A), the Secretary of the Air Force
may acquire real property and carry out military construction projects
for the Air National Guard locations, and in the amounts, set forth in
the following table:

Air National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Colorado..................... Buckley Air National Guard $7,300,000
Base.
Delaware..................... New Castle................. $10,800,000
Florida...................... Jacksonville International $6,000,000
Airport.
Georgia...................... Savannah International $9,000,000
Airport.
Indiana...................... Hulman Regional Airport.... $7,700,000
Kansas....................... Smoky Hill Air National $9,000,000
Guard Range.
Louisiana.................... Camp Beauregard............ $1,800,000
Massachusetts................ Otis Air National Guard $1,800,000
Base.
Barnes Air National Guard $7,300,000
Base.
Mississippi.................. Key Field.................. $6,100,000
Nebraska..................... Lincoln.................... $8,900,000
Nevada....................... Reno-Tahoe International $5,200,000
Airport.
New Hampshire................ Pease Air National Guard $8,900,000
Base.
New Jersey................... Atlantic City.............. $9,800,000
New York..................... Gabreski Airport........... $8,400,000
Griffiss................... $6,600,000
Hancock Field.............. $5,100,000
North Carolina............... Charlotte.................. $4,000,000
Ohio......................... Rickenbacker Air National $7,600,000
Guard Base.
Pennsylvania................. Fort Indiantown Gap........ $12,700,000
Harrisburg................. $1,000,000
Rhode Island................. Quonset State Airport...... $5,000,000
South Dakota................. Joe Foss Field............. $7,900,000
Tennessee.................... Lovell Field............... $8,200,000
McGhee-Tyson Airport....... $3,200,000
Memphis International $11,376,000
Airport.
Texas........................ Ellington Field............ $7,200,000
Vermont...................... Burlington................. $6,600,000
West Virginia................ Eastern WV Regional Airport $50,776,000
Yeager..................... $17,300,000
Wisconsin.................... Truax Field................ $7,000,000
------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(B), the Secretary of the Air Force
may acquire real property and carry out military construction projects
for the Air Force Reserve locations, and in the amounts, set forth in
the following table:

Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alaska........................ Elmendorf Air Force Base... $14,950,000
Utah.......................... Hill Air Force Base........ $3,200,000
------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2007, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$536,656,000; and
(B) for the Army Reserve, $148,133,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $64,430,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$287,537,000; and
(B) for the Air Force Reserve, $28,359,000.

SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 GUARD
AND RESERVE PROJECTS FOR WHICH FUNDS WERE NOT
APPROPRIATED.

Section 2601 of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2463) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``$561,375,000'' and
inserting ``$476,697,000''; and
(B) in subparagraph (B), by striking ``$190,617,000'' and
inserting ``$167,987,000'';
(2) in paragraph (2), by striking ``49,998,000'' and inserting
``$43,498,000''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``$294,283,000'' and
inserting ``$133,983,000''; and
(B) in subparagraph (B), by striking ``$56,836,000'' and
inserting ``$47,436,000''.

SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2006 AIR
FORCE RESERVE CONSTRUCTION AND ACQUISITION PROJECTS.

Section 2601(3)(B) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3501)
is amended by striking ``$105,883,000'' and inserting ``$102,783,000''.

SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005
PROJECTS.

(a) Extension and Renewal.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108-375; 118 Stat. 2116), the authorizations set forth
in the tables in subsection (b), as provided in section 2601 of that
Act (118 Stat. 2115), shall remain in effect until October 1, 2008, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2009, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:

Army National Guard: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Dublin, California............... Readiness center..... $11,318,000
Gary, Indiana.................... Reserve center....... $9,380,000
------------------------------------------------------------------------

Army Reserve: Extension of 2005 Project Authorization
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Corpus Christi (Robstown), Texas. Storage facility..... $9,038,000
------------------------------------------------------------------------

SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1716), the authorizations set forth in
the table in subsection (b), as provided in section 2601 of that Act
(117 Stat. 1715) and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2464), shall remain in effect until
October 1, 2008, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2009, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:

Army National Guard: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Albuquerque, New Mexico........ Readiness center....... $2,533,000
Fort Indiantown Gap, Multi-purpose training $15,338,000
Pennsylvania. range.
------------------------------------------------------------------------

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 1990.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2007, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $295,689,000, as follows:
(1) For the Department of the Army, $98,716,000.
(2) For the Department of the Navy, $50,000,000.
(3) For the Department of the Air Force, $143,260,000.
(4) For the Defense Agencies, $3,713,000.

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may carry out
base closure and realignment activities, including real property
acquisition and military construction projects, as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
Department of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $8,718,988,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 2005.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2007,
for base closure and realignment activities, including real property
acquisition and military construction projects, as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
Department of Defense Base Closure Account 2005 established by section
2906A of such Act, in the total amount of $8,040,401,000, as follows:
(1) For the Department of the Army, $4,015,746,000.
(2) For the Department of the Navy, $733,695,000.
(3) For the Department of the Air Force, $1,183,812,000.
(4) For the Defense Agencies, $2,241,062,000.
(b) General Reduction.--The amount otherwise authorized to be
appropriated by subsection (a) is reduced by $133,914,000.

SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS FOR MILITARY
CONSTRUCTION AND MILITARY FAMILY HOUSING PROJECTS RELATED
TO BASE CLOSURES AND REALIGNMENTS.

(a) Variations Authorized.--Section 2905A of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by adding at the end the
following new subsection:
``(f) Authorized Cost and Scope of Work Variations.--(1) Subject to
paragraphs (2) and (3), the cost authorized for a military construction
project or military family housing project to be carried out using
funds in the Account may not be increased or reduced by more than 20
percent or $2,000,000, whichever is greater, of the amount specified
for the project in the conference report to accompany the Military
Construction Authorization Act authorizing the project. The scope of
work for such a project may not be reduced by more than 25 percent from
the scope specified in the most recent budget documents for the
projects listed in such conference report.
``(2) Paragraph (1) shall not apply to a military construction
project or military family housing project to be carried out using
funds in the Account with an estimated cost of less than $5,000,000,
unless the project has not been previously identified in any budget
submission for the Account and exceeds the applicable minor
construction threshold under section 2805 of title 10, United States
Code.
``(3) The limitation on cost or scope variation in paragraph (1)
shall not apply if the Secretary of Defense makes a determination that
an increase or reduction in cost or a reduction in the scope of work
for a military construction project or military family housing project
to be carried out using funds in the Account needs to be made for the
sole purpose of meeting unusual variations in cost or scope. If the
Secretary makes such a determination, the Secretary shall notify the
congressional defense committees of the variation in cost or scope not
later than 21 days before the date on which the variation is made in
connection with the project or, if the notification is provided in an
electronic medium pursuant to section 480 of title 10, United States
Code, not later than 14 days before the date on which the variation is
made. The Secretary shall include the reasons for the variation in the
notification.''.
(b) Report on Existing Projects.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report specifying all
military construction projects and military family housing projects
carried out using funds in the Department of Defense Base Closure
Account 2005 for which a cost or scope of work variation was made
before that date that would have been subject to subsection (f) of
section 2905A of the Defense Base Closure and Realignment Act of 1990,
as added by this section, if such subsection had been in effect when
the cost or scope of work variation was made. The Secretary shall
include a description of each variation covered by the report and the
reasons for the variation.

SEC. 2705. TRANSFER OF FUNDS FROM DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 2005 TO DEPARTMENT OF DEFENSE HOUSING FUNDS.

(a) Transfer Authority.--Subsection (c) of section 2883 of title
10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following new
subparagraph:
``(G) Subject to subsection (f), any amounts that the Secretary
of Defense transfers to that Fund from amounts in the Department of
Defense Base Closure Account 2005.''; and
(2) in paragraph (2), by adding at the end the following new
subparagraph:
``(G) Subject to subsection (f), any amounts that the Secretary
of Defense transfers to that Fund from amounts in the Department of
Defense Base Closure Account 2005.''.
(b) Notification and Justification for Transfer.--Subsection (f) of
such section is amended--
(1) by striking ``paragraph (1)(B) or (2)(B)'' and inserting
``subparagraph (B) or (G) of paragraph (1) or subparagraph (B) or
(G) of paragraph (2)''; and
(2) by adding at the end the following new sentence: ``In
addition, the notice required in connection with a transfer under
subparagraph (G) of paragraph (1) or subparagraph (G) of paragraph
(2) shall include a certification that the amounts to be
transferred from the Department of Defense Base Closure Account
2005 were specified in the conference report to accompany the most
recent Military Construction Authorization Act.''.

SEC. 2706. COMPREHENSIVE ACCOUNTING OF FUNDING REQUIRED TO ENSURE
TIMELY IMPLEMENTATION OF 2005 DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION RECOMMENDATIONS.

The Secretary of Defense shall submit to Congress with the budget
materials for fiscal year 2009 a comprehensive accounting of the
funding required to ensure that the plan for implementing the final
recommendations of the 2005 Defense Base Closure and Realignment
Commission remains on schedule for completion by September 15, 2011, as
required by section 2904(c)(5) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).

SEC. 2707. RELOCATION OF UNITS FROM ROBERTS UNITED STATES ARMY RESERVE
CENTER AND NAVY-MARINE CORPS RESERVE CENTER, BATON ROUGE,
LOUISIANA.

The Secretary of the Army may use funds appropriated pursuant to
the authorization of appropriations in paragraphs (1) and (2) of
section 2703 for the purpose of siting an Army Reserve Center and Navy
and Marine Corps Reserve Center on land under the control of the State
of Louisiana adjacent to, or in the vicinity of, the Baton Rouge
Metropolitan Airport in Baton Rouge, Louisiana, at a location
determined by the Secretary to be in the best interest of national
security and in the public interest.

SEC. 2708. ACQUISITION OF REAL PROPERTY, FORT BELVOIR, VIRGINIA, AS
PART OF THE REALIGNMENT OF THE INSTALLATION.

(a) Acquisition Authority.--Pursuant to section 2905(a)(1)(A) of
the Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note), the relocation of
members of the Armed Forces and civilian employees of the Department of
Defense who are scheduled to be relocated to Fort Belvoir, Virginia,
shall be limited to the following locations:
(1) Fort Belvoir.
(2) A parcel of real property consisting of approximately 69.5
acres, under the administrative jurisdiction of the Administrator
of General Services (in this section referred to as the
``Administrator'') and containing warehouse facilities in
Springfield, Virginia (in this section referred to as the ``GSA
Property'').
(3) Any other parcels of land (using including any improvement
thereon) that are acquired, using competitive procedures, in fee in
the vicinity of Fort Belvoir.
(b) Acquisition Selection Criteria.--The Secretary of the Army
shall select the site to be used under subsection (a) based on the best
value to the Government, and, in making that determination, the
Secretary shall consider cost and schedule.
(c) GSA Property Transfer Authorized.--Pursuant to the relocation
alternative authorized by subsection (a)(2), the Administrator may
transfer the GSA Property to the administrative jurisdiction of the
Secretary of the Army for the purpose of permitting the Secretary to
construct facilities on the property to support administrative
functions to be located at Fort Belvoir, Virginia.
(d) Implementation of GSA Property Transfer.--
(1) Consideration.--As consideration for the transfer of the
GSA Property under subsection (c), the Secretary of the Army
shall--
(A) pay all reasonable costs to move personnel,
furnishings, equipment, and other material related to the
relocation of functions identified by the Administrator; and
(B) if determined to be necessary by the Administrator--
(i) transfer to the administrative jurisdiction of the
Administrator a parcel of property in the National Capital
Region under the jurisdiction of the Secretary and
determined to be suitable by the Administrator;
(ii) design and construct storage facilities,
utilities, security measures, and access to a road
infrastructure on the parcel transferred under clause (i)
to meet the requirements of the Administrator; and
(iii) enter into a memorandum of agreement with the
Administrator for support services and security at the new
facilities constructed pursuant to clause (ii).
(2) Equal value transfer.--As a condition of the transfer of
the GSA Property under subsection (c), the transfer agreement shall
provide that the fair market value of the GSA Property and the
consideration provided under paragraph (1) shall be equal or, if
not equal, shall be equalized through the use of a cash
equalization payment.
(3) Description of property.--The exact acreage and legal
description of the GSA Property shall be determined by surveys
satisfactory to the Administrator and the Secretary of the Army.
(4) Congressional notice.--Before undertaking an activity under
subsection (c) that would require approval of a prospectus under
section 3307 of title 40, United States Code, the Administrator
shall provide to the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Environment and
Public Works of the Senate, and the congressional defense
committees a written notice containing a description of the
activity to be undertaken.
(5) No effect on compliance with environmental laws.--Nothing
in this section or subsection (c) may be construed to affect or
limit the application of or obligation to comply with any
environmental law, including section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)).
(6) Additional terms and conditions.--The Administrator and the
Secretary of the Army may require such additional terms and
conditions in connection with the GSA Property transfer as the
Administrator, in consultation with the Secretary, determines
appropriate to protect the interests of the United States and
further the purposes of this section.
(e) Administration of Transferred or Acquired Property.--Upon
completion of any property transfer or acquisition authorized by
subsection (a), the property shall be administered by the Secretary of
the Army as a part of Fort Belvoir.
(f) Status Report.--Not later than March 1, 2008, the Secretary of
the Army shall submit to the congressional defense committees a report
on the status and estimated costs of implementing subsection (a).

SEC. 2709. REPORT ON AVAILABILITY OF TRAFFIC INFRASTRUCTURE AND
FACILITIES TO SUPPORT BASE REALIGNMENT.

(a) Sense of Congress.--
(1) Designation of defense access roads.--It is the sense of
Congress that roads leading onto Fort Belvoir, Virginia, and other
military installations that will be significantly impacted by an
increase in the number of members of the Armed Forces and civilian
employees of the Department of Defense assigned to the installation
as a result of the 2005 round of defense base closures and
realignments under the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) or any other significant impact resulting from a realignment
of forces should be considered for designation as defense access
roads for purposes of section 210 of title 23, United States Code.
(2) Facilities and infrastructure.--It is the sense of Congress
that the Secretary of Defense should seek to ensure that the
permanent facilities and infrastructure necessary to support the
mission of the Armed Forces and the quality of life needs of
members of the Armed Forces, civilian employees, and their families
are ready for use at receiving locations before units are
transferred to such locations as a result of the 2005 round of
defense base closures and realignments.
(b) Study of Military Infrastructure and Surface Transportation
Infrastructure.--Not later than April 1, 2008, the Comptroller General
shall submit to the congressional defense committees a report with
regard to each military installation that will be significantly
impacted by an increase in assigned forces or civilian personnel, as
described in subsection (a), for the purpose of determining whether--
(1) military facility requirements (including quality of life
projects) will be met before the arrival of assigned forces; and
(2) the Department of Defense has programmed sufficient funding
to mitigate community traffic congestion in accordance with the
defense access roads program under section 210 of title 23, United
States Code.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Subtitle B--Real Property and Facilities Administration

Subtitle C--Land Conveyances

Subtitle D--Energy Security

Subtitle E--Other Matters

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.

(a) One-Year Extension of Authority.--Subsection (a) of section
2808 of the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1723), as amended by
section 2810 of the Military Construction Authorization Act for Fiscal
Year 2005 (division B of Public Law 108-375; 118 Stat. 2128), section
2809 of the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat. 3508), and section
2802 of the Military Construction Authorization Act for Fiscal Year
2007 (division B of Public Law 109-364; 120 Stat. 2466), is further
amended by striking ``2007'' and inserting ``2008''.
(b) Prenotification Requirement.--Subsection (b) of such section is
amended by striking the first sentence and inserting the following new
sentences: ``Before using appropriated funds available for operation
and maintenance to carry out a construction project outside the United
States that has an estimated cost in excess of the amounts authorized
for unspecified minor military construction projects under section
2805(c) of title 10, United States Code, the Secretary of Defense shall
submit to the congressional committees specified in subsection (f) a
notice regarding the construction project. The project may be carried
out only after the end of the 10-day period beginning on the date the
notice is received by the committees or, if earlier, the end of the 7-
day period beginning on the date on which a copy of the notification is
provided in an electronic medium pursuant to section 480 of title 10,
United States Code.''.
(c) Annual Limitation on Use of Authority.--Subsection (c) of such
section is amended to read as follows:
``(c) Annual Limitation on Use of Authority.--The total cost of the
construction projects carried out under the authority of this section
using, in whole or in part, appropriated funds available for operation
and maintenance shall not exceed $200,000,000 in a fiscal year.''.
(d) Conforming Amendment.--Subsection (g) of such section is
amended by striking ``notice of the'' and inserting ``advance notice of
the proposed''.
(e) Ratification of Proposed Construction and Land Acquisition
Projects Using Fiscal Year 2007 Operation and Maintenance Funds.--The
nine construction projects outside the United States proposed to be
carried out using funds appropriated to the Department of Defense for
operation and maintenance for fiscal year 2007, but for which the
obligation or expenditure of funds was prohibited by subsection (g) of
section 2808 of the Military Construction Authorization Act for Fiscal
Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as added
by section 2809 of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508),
may be carried out using such funds after the date of the enactment of
this Act notwithstanding such subsection (g).

SEC. 2802. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF MILITARY
CONSTRUCTION.

(a) Clarification of Requirement for Authorization.--Section
2802(a) of title 10, United States Code, is amended by inserting after
``military construction projects'' the following: ``, land
acquisitions, and defense access road projects (as described under
section 210 of title 23)''.
(b) Clarification of Definition.--Section 2801(a) of such title is
amended by inserting after ``permanent requirements'' the following:
``, or any acquisition of land or construction of a defense access road
(as described in section 210 of title 23)''.

SEC. 2803. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS.

Section 2805(a)(1) of title 10, United States Code, is amended by
striking ``$1,500,000'' and inserting ``$2,000,000''.

SEC. 2804. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF DEPARTMENT
OF DEFENSE LABORATORIES THROUGH UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.

(a) Laboratory Revitalization.--Section 2805 of title 10, United
States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Laboratory Revitalization.--(1) For the revitalization and
recapitalization of laboratories owned by the United States and under
the jurisdiction of the Secretary concerned, the Secretary concerned
may obligate and expend--
``(A) from appropriations available to the Secretary concerned
for operation and maintenance, amounts necessary to carry out an
unspecified minor military construction project costing not more
than $2,000,000; or
``(B) from appropriations available to the Secretary concerned
for military construction not otherwise authorized by law, amounts
necessary to carry out an unspecified minor military construction
project costing not more than $4,000,000.
``(2) For an unspecified minor military construction project
conducted pursuant to this subsection, $2,000,000 shall be deemed to be
the amount specified in subsection (b)(1) regarding when advance
approval of the project by the Secretary concerned and congressional
notification is required. The Secretary of Defense shall establish
procedures for the review and approval of requests from the Secretary
of a military department to carry out a construction project under this
subsection.
``(3) For purposes of this subsection, the total amount allowed to
be applied in any one fiscal year to projects at any one laboratory
shall be limited to the larger of the amounts applicable under
paragraph (1).
``(4) Not later than February 1, 2010, the Secretary of Defense
shall submit to the congressional defense committees a report on the
use of the authority provided by this subsection. The report shall
include a list and description of the construction projects carried out
under this subsection, including the location and cost of each project.
``(5) In this subsection, the term `laboratory' includes--
``(A) a research, engineering, and development center; and
``(B) a test and evaluation activity.
``(6) The authority to carry out a project under this subsection
expires on September 30, 2012.''.
(b) Stylistic Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Authority to Carry Out
Unspecified Minor Military Construction Projects.--'' after
``(a)'';
(2) in subsection (b), by inserting ``Approval and
Congressional Notification.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Use of Operation and
Maintenance Funds.--'' after ``(c)''; and
(4) in subsection (e), as redesignated by subsection (a)(1), by
inserting ``Prohibition on Use for New Housing Units.--'' after
``(e)''.

SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT EQUALIZATION PAYMENTS FOR
FACILITY EXCHANGES.

Section 2809(c)(5) of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2127)
is amended by striking ``September 30, 2007'' and inserting ``September
30, 2010''.

SEC. 2806. MODIFICATIONS OF AUTHORITY TO LEASE MILITARY FAMILY HOUSING.

(a) Increased Maximum Lease Amount Applicable to Certain Domestic
Army Family Housing Leases.--Subsection (b) of section 2828 of title
10, United States Code, is amended--
(1) in paragraph (2), by striking ``paragraphs (3) and (4)''
and inserting ``paragraphs (3), (4), and (7)'';
(2) in paragraph (5), by striking ``paragraphs (2) and (3)''
and inserting ``paragraphs (2), (3), and (7)''; and
(3) by adding at the end the following new paragraph:
``(7)(A) Not more than 600 housing units may be leased by the
Secretary of the Army under subsection (a) for which the expenditure
for the rental of such units (including the cost of utilities,
maintenance, and operation) exceeds the maximum amount per unit per
year in effect under paragraph (2) but does not exceed $18,620 per unit
per year, as adjusted from time to time under paragraph (5).
``(B) The maximum lease amount provided in subparagraph (A) shall
apply only to Army family housing in areas designated by the Secretary
of the Army.
``(C) The term of a lease under subparagraph (A) may not exceed 2
years.''.
(b) Foreign Military Family Housing Leases.--Subsection (e)(2) of
such section is amended by striking ``the Secretary of the Navy may
lease not more than 2,800 units of family housing in Italy, and the
Secretary of the Army may lease not more than 500 units of family
housing in Italy'' and inserting ``the Secretaries of the military
departments may lease not more than 3,300 units of family housing in
Italy''.
(c) Increased Threshold for Congressional Notification for Foreign
Military Family Housing Leases.--Subsection (f) of such section is
amended by striking ``$500,000'' and inserting ``$1,000,000''.
(d) Report Required.--Not later than March 1, 2008, the Secretary
of Defense shall submit to the congressional defense committees a
report on the rental of family housing in foreign countries (including
the costs of utilities, maintenance, and operations) that exceed
$60,000 per unit per year. The report shall include a list and
description of rental units (including total gross square feet and
number of bedrooms), location, rental cost, the requirement for the
rental, and the options that the Secretary has available to decrease
the costs associated with the rentals.

SEC. 2807. EXPANSION OF AUTHORITY TO EXCHANGE RESERVE COMPONENT
FACILITIES.

Section 18240(a) of title 10, United States Code, is amended by
striking ``with a State'' in the first sentence and inserting ``with an
Executive agency (as defined in section 105 of title 5), the United
States Postal Service, or a State''.

SEC. 2808. LIMITATION ON USE OF ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING FOR PRIVATIZATION OF
TEMPORARY LODGING FACILITIES.

(a) Limitation on Privatization of Temporary Lodging Facilities.--
Notwithstanding any other provision of subchapter IV of chapter 169 of
title 10, United States Code, the privatization of temporary lodging
facilities under such subchapter is limited to the military
installations authorized in subsection (b) until 120 days after the
date on which the report described in subsection (d)(1) is submitted.
(b) Authorized Installations.--The military installations at which
the privatization of temporary lodging facilities may proceed under
subsection (a) are the following:
(1) Redstone Arsenal, Alabama.
(2) Fort Rucker, Alabama.
(3) Yuma Proving Ground, Arizona.
(4) Fort McNair, District of Columbia.
(5) Fort Shafter, Hawaii.
(6) Tripler Army Medical Center, Hawaii.
(7) Fort Leavenworth, Kansas.
(8) Fort Riley, Kansas.
(9) Fort Polk, Louisiana.
(10) Fort Sill, Oklahoma.
(11) Fort Hood, Texas.
(12) Fort Sam Houston, Texas.
(13) Fort Myer, Virginia.
(c) Effect of Limitation.--The limitation imposed by subsection (a)
prohibits the issuance of contract solicitations for the privatization
of temporary lodging facilities at any military installation not
specified in subsection (b).
(d) Reporting Requirements.--
(1) Report by secretary of the army.--Not earlier than eight
months after the date on which the notice of transfer associated
with the military installations specified in subsection (b) is
issued, the Secretary of the Army shall submit to the congressional
defense committees and the Comptroller General a report that--
(A) describes the implementation of the privatization of
temporary lodging facilities at the installations specified in
subsection (b);
(B) evaluates the efficiency of the program; and
(C) contains such recommendations as the Secretary
considers appropriate regarding expansion of the program.
(2) Report by comptroller general.--Not later than 90 days
after receiving the report under paragraph (1), the Comptroller
General shall submit to the congressional defense committees a
review of both the privatization of temporary lodging facilities
and the report of the Secretary.

SEC. 2809. TWO-YEAR EXTENSION OF TEMPORARY PROGRAM TO USE MINOR
MILITARY CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF CHILD
DEVELOPMENT CENTERS.

(a) Extension.--Subsection (e) of section 2810 of the Military
Construction Authorization Act for Fiscal Year 2006 (division B of
Public Law 109-163; 119 Stat. 3510) is amended by striking ``September
30, 2007'' and inserting ``September 30, 2009''.
(b) Report Required.--Subsection (d) of such section is amended by
striking ``March 1, 2007'' and inserting ``March 1, 2009''.

SEC. 2810. REPORT ON HOUSING PRIVATIZATION INITIATIVES.

(a) Report Required.--Not later than March 31, 2008, the
Comptroller General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing--
(1) a list of all housing privatization transactions carried
out by the Department of Defense that, as of such date, are behind
schedule or in default; and
(2) recommendations regarding the opportunities for the Federal
Government to ensure that all terms of each housing privatization
transaction are completed according to the original schedule and
budget.
(b) Specific Information Regarding Each Transaction.--For each
housing privatization transaction included in the report required by
subsection (a), the report shall provide a description of the
following:
(1) The reasons for schedule delays, cost overruns, or default.
(2) How solicitations and competitions were conducted for the
project.
(3) How financing, partnerships, legal arrangements, leases, or
contracts in relation to the project were structured.
(4) Which entities, including Federal entities, are bearing
financial risk for the project, and to what extent.
(5) The remedies available to the Federal Government to restore
the transaction to schedule or ensure completion of the terms of
the transaction in question at the earliest possible time.
(6) The extent to which the Federal Government has the ability
to affect the performance of various parties involved in the
project.
(7) The remedies available to subcontractors to recoup liens in
the case of default, non-payment by the developer or other party to
the transaction or lease agreement, or re-structuring.
(8) The remedies available to the Federal Government to affect
receivership actions or transfer of ownership of the project.
(9) The names of the developers for the project and any history
of previous defaults or bankruptcies by these developers or their
affiliates.
(c) Housing Privatization Transaction Defined.--In this section,
the term ``housing privatization transaction'' means any contract or
other transaction for the construction or acquisition of military
family housing or military unaccompanied housing entered into under the
authority of subchapter IV of chapter 169 of title 10, United States
Code.

Subtitle B--Real Property and Facilities Administration

SEC. 2821. REQUIREMENT TO REPORT REAL PROPERTY TRANSACTIONS RESULTING
IN ANNUAL COSTS OF MORE THAN $750,000.

(a) Inclusion of Transactions Involving Defense Agencies.--
(1) Requirement to report.--Subsection (a) of section 2662 of
title 10, United States Code, is amended--
(A) in paragraph (1), by striking ``, or his designee,''
and inserting ``or, with respect to a Defense Agency, the
Secretary of Defense''; and
(B) in paragraph (3), by inserting after ``military
department'' the following: ``or the Secretary of Defense''.
(2) Annual report regarding minor transactions.--Subsection (b)
of such section is amended by inserting after ``military
department'' the following: ``and, with respect to Defense
Agencies, the Secretary of Defense''.
(3) Exceptions.--Subsection (g) of such section is amended by
adding at the end the following new paragraph:
``(4) In this subsection, the term `Secretary concerned' includes,
with respect to Defense Agencies, the Secretary of Defense.''.
(b) Inclusion of Additional Transaction.--Subsection (a)(1) of such
section is amended by adding at the end the following new subparagraph:
``(G) Any transaction or contract action that results in, or
includes, the acquisition or use by, or the lease or license to,
the United States of real property, if the estimated annual rental
or cost for the use of the real property is more than $750,000.''.

SEC. 2822. CONTINUED CONSOLIDATION OF REAL PROPERTY PROVISIONS WITHOUT
SUBSTANTIVE CHANGE.

(a) Consolidation.--Section 2663 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(h) Land Acquisition Options in Advance of Military Construction
Projects.--(1) The Secretary of a military department may acquire an
option on a parcel of real property before or after its acquisition is
authorized by law, if the Secretary considers it suitable and likely to
be needed for a military project of the military department under the
jurisdiction of the Secretary.
``(2) As consideration for an option acquired under paragraph (1),
the Secretary may pay, from funds available to the military department
under the jurisdiction of the Secretary for real property activities,
an amount that is not more than 12 percent of the appraised fair market
value of the property.''.
(b) Repeal of Superseded Provision.--
(1) Repeal.--Section 2677 of such title is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 159 of such title is amended by striking the item
relating to section 2677.

SEC. 2823. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS PROPERTY OF
THE MILITARY DEPARTMENTS.

(a) Elimination of Authority to Accept Facilities Operation Support
as In-Kind Consideration.--Subsection (c)(1) of section 2667 of title
10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F); and
(2) by striking subparagraph (D) and inserting the following
new subparagraphs:
``(D) Provision or payment of utility services for the
Secretary concerned.
``(E) Provision of real property maintenance services for the
Secretary concerned.''.
(b) Elimination of Authority to Use Rental and Certain Other
Proceeds for Facilities Operation Support.--Subsection (e)(1)(C) of
such section is amended--
(1) by adjusting the margins of clauses (ii) and (iii) to
conform to the margin of clause (i); and
(2) by striking clause (iv) and inserting the following new
clauses:
``(iv) Payment of utility services.
``(v) Real property maintenance services.''.
(c) Use of Competitive Procedures for Selection of Certain
Lessees.--Subsection (h) of such section is amended--
(1) in paragraph (1), by striking ``exceeds one year, and the
fair market value of the lease'' and inserting ``exceeds one year,
or the fair market value of the lease'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by striking paragraph (2) and inserting the following new
paragraphs:
``(2) Paragraph (1) does not apply if the Secretary concerned
determines that--
``(A) a public interest will be served as a result of the
lease; and
``(B) the use of competitive procedures for the selection of
certain lessees is unobtainable or not compatible with the public
benefit served under subparagraph (A).
``(3) Not later than 45 days before entering into a lease described
in paragraph (1), the Secretary concerned shall submit to Congress
written notice describing the terms of the proposed lease and--
``(A) the competitive procedures used to select the lessee; or
``(B) in the case of a lease involving the public benefit
exception authorized by paragraph (2), a description of the public
benefit to be served by the lease.''.
(d) Technical Amendments Related to Prior-Year Amendment.--
Subsection (e) of such section is amended--
(1) in paragraph (1)(B)(ii), by striking ``paragraph (4), (5),
or (6)'' and inserting ``paragraph (3), (4), or (5)''; and
(2) by redesignating paragraphs (4), (5), and (6) as paragraphs
(3), (4), and (5).

SEC. 2824. COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF CULTURAL
RESOURCES ON CERTAIN SITES OUTSIDE MILITARY
INSTALLATIONS.

(a) Expanded Authority.--Section 2684 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``on military
installations'' and inserting ``located on a site authorized by
subsection (b)'';
(2) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Authorized Cultural Resources Sites.--To be covered by a
cooperative agreement under subsection (a), cultural resources must be
located--
``(1) on a military installation; or
``(2) on a site outside of a military installation, but only if
the cooperative agreement will directly relieve or eliminate
current or anticipated restrictions that would or might restrict,
impede, or otherwise interfere, whether directly or indirectly,
with current or anticipated military training, testing, or
operations on a military installation.''.
(b) Cultural Resource Defined.--Subsection (d) of such section, as
redesignated by subsection (a)(2), is amended by adding at the end the
following new paragraph:
``(5) An Indian sacred site, as defined in section 1(b)(iii) of
Executive Order No. 13007.''.

SEC. 2825. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON
MILITARY TRAINING, TESTING, AND OPERATIONS.

(a) Management of Natural Resources of Acquired Property.--
Subsection (d) of section 2684a of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) An agreement with an eligible entity under this section may
provide for the management of natural resources on real property in
which the Secretary concerned acquires any right, title, or interest in
accordance with this subsection and for the payment by the United
States of all or a portion of the costs of such natural resource
management if the Secretary concerned determines that there is a
demonstrated need to preserve or restore habitat for the purpose
described in subsection (a)(2).''.
(b) Limitation on Portion of Acquisition Costs Borne by United
States.--Paragraph (4) of such subsection, as redesignated by
subsection (a)(1), is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
(2) in subparagraph (C), by striking ``equal to the fair market
value'' and all that follows through the period at the end and
inserting ``equal to, at the discretion of the Secretary
concerned--
``(i) the fair market value of any property or interest in
property to be transferred to the United States upon the request of
the Secretary concerned under paragraph (5); or
``(ii) the cumulative fair market value of all properties or
interests to be transferred to the United States under paragraph
(5) pursuant to an agreement under subsection (a).''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) The portion of acquisition costs borne by the United States
under subparagraph (A) may exceed the amount determined under
subparagraph (C), but only if--
``(i) the Secretary concerned provides written notice to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives containing--
``(I) a certification by the Secretary that the military
value to the United States of the property or interest to be
acquired justifies a payment in excess of the fair market value
of the property or interest; and
``(II) a description of the military value to be obtained;
and
``(ii) the contribution toward the acquisition costs of the
property or interest is not made until at least 14 days after the
date on which the notice is submitted under clause (i) or, if
earlier, at least 10 days after the date on which a copy of the
notice is provided in an electronic medium pursuant to section 480
of this title.''.

SEC. 2826. EXPANSION TO ALL MILITARY DEPARTMENTS OF ARMY PILOT PROGRAM
FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR MILITARY
INSTALLATIONS.

(a) Expansion of Pilot Program.--Section 325 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 10 U.S.C. 2461 note) is amended--
(1) in the section heading, by striking ``army'' and inserting
``military'';
(2) in subsection (a)--
(A) by striking ``Secretary of the Army'' and inserting
``Secretary of a military department''; and
(B) by striking ``an Army installation'' and inserting ``a
military installation under the jurisdiction of the
Secretary''; and
(3) in subsection (d), by striking ``The Secretary'' and
inserting ``The Secretary of a military department''.
(b) Participating Installations.--Subsection (c) of such section is
amended by striking ``two Army installations'' and inserting ``three
military installations from each military service''.
(c) Extension of Duration of Program.--Such section is further
amended by striking subsections (e) and (f) and inserting the following
new subsection:
``(e) Termination of Pilot Program.--The pilot program shall
terminate on September 30, 2012. Any contract entered into under the
pilot program shall terminate not later than that date.''.

SEC. 2827. PROHIBITION ON COMMERCIAL FLIGHTS INTO SELFRIDGE AIR
NATIONAL GUARD BASE.

The Secretary of Defense shall prohibit the use of Selfridge Air
National Guard Base by commercial service aircraft.

SEC. 2828. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ACTIONS TO
PROTECT INSTALLATIONS, RANGES, AND MILITARY AIRSPACE FROM
ENCROACHMENT.

(a) Findings.--In light of the initial report of the Department of
Defense submitted pursuant to section 2684a(g) of title 10, United
States Code, and of the RAND Corporation report entitled ``The Thin
Green Line: An Assessment of DoD's Readiness and Environmental
Protection Initiative to Buffer Installation Encroachment'', Congress
makes the following findings:
(1) Development and loss of habitat in the vicinity of, or in
areas ecologically related to, military installations, ranges, and
airspace pose a continuing and significant threat to the readiness
of the Armed Forces.
(2) The Range Sustainability Program (RSP) of the Department of
Defense, and in particular the Readiness and Environmental
Protection Initiative (REPI) involving agreements pursuant to
section 2684a of title 10, United States Code, have been effective
in addressing this threat to readiness with regard to a number of
important installations, ranges, and airspace.
(3) The opportunities to take effective action to protect
installations, ranges, and airspace from encroachment is in many
cases transient, and delay in taking action will result in either
higher costs or permanent loss of the opportunity effectively to
address encroachment.
(b) Sense of Congress.--It is the sense of Congress that the
Department of Defense should--
(1) develop additional policy guidance on the further
implementation of the Readiness and Environmental Protection
Initiative (REPI), to include additional emphasis on protecting
biodiversity and on further refining procedures;
(2) give greater emphasis to effective cooperation and
collaboration on matters of mutual concern with other Federal
agencies charged with managing Federal land; and
(3) ensure that each military department takes full advantage
of the authorities provided by section 2684a of title 10, United
States Code, in addressing encroachment adversely affecting, or
threatening to adversely affect, the installations, ranges, and
military airspace of the department.
(c) Reporting Requirement.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall review
Chapter 6 of the initial report submitted to Congress under section
2684a(g) of title 10, United States Code, and report to the
congressional defense committees on the specific steps, if any, that
the Secretary plans to take, or recommends that Congress take, to
address the issues raised in such chapter.

SEC. 2829. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL RANGES.

(a) Report on Utilization and Potential Expansion of Army
Operational Ranges.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report containing an assessment of
the Army operational ranges used to support training and range
activities of the Army. The report shall include the following
information:
(1) The size, description, and mission-essential tasks
supported by each Army operational range during fiscal year 2003.
(2) A description of the projected changes in Army operational
range requirements, including the size, characteristics, and
attributes for mission-essential activities at each Army
operational range and the extent to which any changes in
requirements are a result of--
(A) decisions made as part of the 2005 round of defense
base closure and realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note);
(B) the conversion of Army brigades to a modular format;
(C) the Integrated Global Presence and Basing Strategy;
(D) the proposal contained in the budget justification
materials submitted in support of the Department of Defense
budget for fiscal year 2008 to increase the size of the active
component of the Army to 547,400 personnel by the end of fiscal
year 2012 and any modification or acceleration contemplated in
the budget submission for fiscal year 2009; or
(E) high operational tempos or surge requirements.
(3) The projected deficit or surplus of land at each Army
operational range, and a description of the Army's plan to address
that projected deficit or surplus of land as well as the upgrade of
range attributes at each existing Army operational range.
(4) A description of the Army's prioritization process and
investment strategy to address the potential expansion or upgrade
of Army operational ranges.
(5) An analysis of alternatives to the expansion of Army
operational ranges, including an assessment of the joint use of
operational ranges under the jurisdiction, custody, or control of
the Secretary of another military department.
(6) An analysis of the cost of, potential military value of,
and potential legal or practical impediments to, the expansion of
the Joint Readiness Training Center at Fort Polk, Louisiana,
through the acquisition of additional land adjacent to or in the
vicinity of the installation.
(7) An analysis of the impact of the proposal described in
paragraph (2)(D) on the plan developed prior to such proposal to
relocate forces from Germany to the United States and vacate
installations in Germany as part of the Integrated Global Presence
and Basing Strategy, including a comparative analysis of--
(A) the projected utilization of the three combat training
centers of the Army if all of the six light infantry brigades
proposed to be added to the active component of the Army would
be based in the United States; and
(B) the projected utilization of such ranges if at least
one of those brigades would be based in Germany or if one of
the brigades proposed to be relocated pursuant to the plan in
paragraph (a)(2)(C) is retained in Germany.
(8) If the analysis required by paragraph (7) indicates that
the Joint Multi-National Readiness Center in Hohenfels, Germany, or
the Army's training complex at Grafenwoehr, Germany, would not be
fully utilized under the basing scenarios analyzed, an estimate of
the cost to replicate the training capability at that center in
another location.
(b) Report on Potential Expansion of Marine Corps Operational
Ranges.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the congressional
defense committees a report containing an assessment of Marine Corps
operational ranges used to support training and range activities of the
Marine Corps. The report required shall include the following
information:
(1) The size, description, and mission-essential tasks
supported by each major Marine Corps operational range during
fiscal year 2003.
(2) A description of the projected changes in Marine Corps
operational range requirements, including the size,
characteristics, and attributes for mission-essential activities at
each range and the extent to which any changes in requirements are
a result of the proposal contained in the fiscal year 2008 budget
request to increase the size of the active component of the Marine
Corps to 202,000 personnel by the end of fiscal year 2012 and any
modification or acceleration contemplated in the budget submission
for fiscal year 2009.
(3) The projected deficit or surplus of land at each major
Marine Corps operational range, and a description of the
Secretary's plan to address that projected deficit or surplus of
land as well as the upgrade of range attributes at each existing
Marine Corps operational range.
(4) A description of the Secretary's prioritization process and
investment strategy to address the potential expansion or upgrade
of Marine Corps operational ranges.
(5) An analysis of alternatives to the expansion of Marine
Corps operational ranges, including an assessment of the joint use
of operational ranges under the jurisdiction, custody, or control
of the Secretary of another military department.
(6) An analysis of the cost of, potential military value of,
and potential legal or practical impediments to, the expansion of
Marine Corps Base, Twentynine Palms, California, through the
acquisition of additional land adjacent to or in the vicinity of
that installation that is under the control of the Bureau of Land
Management.
(c) Supplemental Report.--Not later than 90 days after the date on
which the second of the two reports required by subsections (a) and (b)
is submitted, the Secretary of Defense shall submit to the
congressional defense committees a report containing the following
information:
(1) A description of initiatives by the Secretary of Defense to
coordinate the range expansion activities of the Army and Marine
Corps in order to gain efficiencies in investment and resource
allocation.
(2) An analysis of training requirements for the Army and the
Marine Corps that could be accomplished through joint use of
existing ranges.
(3) An analysis of the responses provided by the Secretary of
the Army under subsection (a)(5) and the Secretary of the Navy
subsection (b)(5).
(4) Any other matter that the Secretary of Defense considers to
be of importance to ensure the effective and timely expansion of
ranges to meet Army and Marine Corps training requirements.
(d) Definitions.--In this section:
(1) The term ``Army operational range'' has the meaning given
the term ``operational range'' in section 101(e)(3) of title 10,
United States Code, except that the term is limited to operational
ranges under the jurisdiction, custody, or control of the Secretary
of the Army.
(2) The term ``Marine Corps operational range'' has the meaning
given the term ``operational range'' in section 101(e)(3) of such
title, except that the term is limited to operational ranges under
the jurisdiction, custody, or control of the Secretary of the Navy
that are used by or available for use by the Marine Corps.
(3) The term ``range activities'' has the meaning given that
term in section 101(e)(2) of such title.

SEC. 2830. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.

Not later than March 1, 2008, the Secretary of the Air Force shall
submit to the congressional defense committees a report containing a
detailed plan of the current and future aviation assets that the
Secretary expects will be based at Niagara Air Reserve Base, New York.
The report shall include a description of all of the aviation assets
that will be impacted by the series of relocations to be made to or
from Niagara Air Reserve Base and the timeline for such relocations.

SEC. 2831. REPORT ON THE PINON CANYON MANEUVER SITE, COLORADO.

(a) Report on the Pinon Canyon Maneuver Site.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army shall submit
to the congressional defense committees a report on the Pinon
Canyon Maneuver Site (referred to in this section as ``the Site'').
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An analysis of whether existing training facilities at
Fort Carson, Colorado, and the Site are sufficient to support
the training needs of units stationed or planned to be
stationed at Fort Carson, including the following:
(i) A description of any new training requirements or
significant developments affecting training requirements
for units stationed or planned to be stationed at Fort
Carson since the 2005 Defense Base Closure and Realignment
Commission found that the base has ``sufficient capacity''
to support four brigade combat teams and associated support
units at Fort Carson.
(ii) A study of alternatives for enhancing training
facilities at Fort Carson and the Site within their current
geographic footprint, including whether these additional
investments or measures could support additional training
activities.
(iii) A description of the current training calendar
and training load at the Site, including--

(I) the number of brigade-sized and battalion-sized
military exercises held at the Site since its
establishment;
(II) an analysis of the maximum annual training
load at the Site, without expanding the Site; and
(III) an analysis of the training load and
projected training calendar at the Site when all
brigades stationed or planned to be stationed at Fort
Carson are at home station.

(B) A report of need for any proposed addition of training
land to support units stationed or planned to be stationed at
Fort Carson, including the following:
(i) A description of additional training activities,
and their benefits to operational readiness, which would be
conducted by units stationed at Fort Carson if, through
leases or acquisition from consenting landowners, the Site
were expanded to include--

(I) the parcel of land identified as ``Area A'' in
the Potential PCMS Land expansion map;
(II) the parcel of land identified as ``Area B'' in
the Potential PCMS Land expansion map;
(III) the parcels of land identified as ``Area A''
and ``Area B'' in the Potential PCMS Land expansion
map;
(IV) acreage sufficient to allow simultaneous
exercises of a light infantry brigade and a heavy
infantry brigade at the Site;
(V) acreage sufficient to allow simultaneous
exercises of two heavy infantry brigades at the Site;
(VI) acreage sufficient to allow simultaneous
exercises of a light infantry brigade and a battalion
at the Site; and
(VII) acreage sufficient to allow simultaneous
exercises of a heavy infantry brigade and a battalion
at the Site.

(ii) An analysis of alternatives for acquiring or
utilizing training land at other installations in the
United States to support training activities of units
stationed at Fort Carson.
(iii) An analysis of alternatives for utilizing other
federally owned land to support training activities of
units stationed at Fort Carson.
(C) An analysis of alternatives for enhancing economic
development opportunities in southeastern Colorado at the
current Site or through any proposed expansion, including the
consideration of the following alternatives:
(i) The leasing of land on the Site or any expansion of
the Site to ranchers for grazing.
(ii) The leasing of land from private landowners for
training.
(iii) The procurement of additional services and goods,
including biofuels and beef, from local businesses.
(iv) The creation of an economic development fund to
benefit communities, local governments, and businesses in
southeastern Colorado.
(v) The establishment of an outreach office to provide
technical assistance to local businesses that wish to bid
on Department of Defense contracts.
(vi) The establishment of partnerships with local
governments and organizations to expand regional tourism
through expanded access to sites of historic, cultural, and
environmental interest on the Site.
(vii) An acquisition policy that allows willing sellers
to minimize the tax impact of a sale.
(viii) Additional investments in Army missions and
personnel, such as stationing an active duty unit at the
Site, including--

(I) an analysis of anticipated operational
benefits; and
(II) an analysis of economic impacts to surrounding
communities.

(3) Potential pcms land expansion map defined.--In this
subsection, the term ``Potential PCMS Land expansion map'' means
the June 2007 map entitled ``Potential PCMS Land expansion''.
(b) Comptroller General Review of Report.--Not later than 180 days
after the Secretary of Defense submits the report required under
subsection (a), the Comptroller General of the United States shall
submit to Congress a review of the report and of the justification of
the Army for expansion at the Site.
(c) Public Comment.--After the report required under subsection (b)
is submitted to Congress, the Army shall solicit public comment on the
report for a period of not less than 90 days. Not later than 30 days
after the public comment period has closed, the Secretary shall submit
to Congress a written summary of comments received.

Subtitle C--Land Conveyances

SEC. 2841. MODIFICATION OF CONVEYANCE AUTHORITY, MARINE CORPS BASE,
CAMP PENDLETON, CALIFORNIA.

Section 2851(a) of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2219) is
amended by striking ``, notwithstanding any provision of State law to
the contrary,'', as added by section 2867 of Public Law 107-107 (115
Stat. 1334).

SEC. 2842. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, FLORIDA.

(a) Grant Authorized.--Secretary of the Air Force may use the
authority provided by section 2668 of title 10, United States Code, to
grant to the Mid Bay Bridge Authority an easement for a roadway right-
of-way over such land at Eglin Air Force Base, Florida, as the
Secretary determines necessary to facilitate the construction of a road
connecting the northern landfall of the Mid Bay Bridge to Florida State
Highway 85.
(b) Consideration.--As consideration for the grant of the easement
under subsection (a), the Mid Bay Bridge Authority shall pay to the
Secretary an amount equal to the fair-market-value of the easement, as
determined by the Secretary.
(c) Costs of Project.--As a condition of the grant of the easement
under subsection (a), the Mid Bay Bridge Authority shall be responsible
for all costs associated with the highway project described in such
subsection, including all costs the Secretary determines to be
necessary to address any impacts that the project may have on the
defense missions at Eglin Air Force Base.

SEC. 2843. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, LYNN HAVEN, FLORIDA.

(a) Conveyance Authorized.--The Secretary of the Air Force may
convey to Florida State University (in this section referred to as the
``University'') all right, title, and interest of the United States in
and to a parcel of real property, including improvements thereon,
consisting of approximately 40 acres located at the Lynn Haven Fuel
Depot in Lynn Haven, Florida, as a public benefit conveyance for the
purpose of permitting the University to develop the property as a new
satellite campus.
(b) Consideration.--
(1) In general.--For the conveyance of the property under
subsection (a), the University shall provide the United States with
consideration in an amount that is acceptable to the Secretary,
whether in the form of cash payment, in-kind consideration, or a
combination thereof.
(2) Reduced tuition rates.--The Secretary may accept as in-kind
consideration under paragraph (1) reduced tuition rates or
scholarships for military personnel at the University.
(c) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
University to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a), including survey
costs, appraisal costs, and other costs related to the conveyance.
If amounts are collected from the University in advance of the
Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess amount to the
University.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the Secretary
to carry out the conveyance under subsection (a) shall be credited
to the fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) Use of Property for Other Than Intended Purposes.--If the
Secretary determines at any time that the real property conveyed under
subsection (a) is not being used in accordance with the purposes of the
conveyance specified in such subsection, the University shall pay to
the United States an amount equal to the fair market value of the
property, as of the time of such determination. The fair market value
of the property, excluding the value of any improvements made to the
property by the University, shall be determined by the Secretary in
accordance with Federal appraisal standards and procedures.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.

SEC. 2844. MODIFICATION OF LEASE OF PROPERTY, NATIONAL FLIGHT ACADEMY
AT THE NATIONAL MUSEUM OF NAVAL AVIATION, NAVAL AIR
STATION, PENSACOLA, FLORIDA.

Section 2850(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B 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-428)) is amended--
(1) by striking ``naval aviation and'' and inserting ``naval
aviation,''; and
(2) by inserting before the period at the end the following:
``, and, as of January 1, 2008, to teach the science, technology,
engineering, and mathematics disciplines that have an impact on and
relate to aviation''.

SEC. 2845. LAND EXCHANGE, DETROIT, MICHIGAN.

(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) City.--The term ``City'' means the City of Detroit,
Michigan.
(3) City land.--The term ``City land'' means the approximately
0.741 acres of real property, including any improvement thereon, as
depicted on the exchange maps, that is commonly identified as 110
Mount Elliott Street, Detroit, Michigan.
(4) Commandant.--The term ``Commandant'' means the Commandant
of the United States Coast Guard.
(5) EDC.--The term ``EDC'' means the Economic Development
Corporation of the City of Detroit.
(6) Exchange maps.--The term ``exchange maps'' means the maps
entitled ``Atwater Street Land Exchange Maps'' prepared pursuant to
subsection (f).
(7) Federal land.--The term ``Federal land'' means
approximately 1.26 acres of real property, including any
improvements thereon, as depicted on the exchange maps, that is
commonly identified as 2660 Atwater Street, Detroit, Michigan, and
under the administrative control of the United States Coast Guard.
(8) Sector detroit.--The term ``Sector Detroit'' means Coast
Guard Sector Detroit of the Ninth Coast Guard District.
(b) Conveyance Authorized.--The Commandant of the Coast Guard, in
coordination with the Administrator, may convey to the EDC all right,
title, and interest of the United States in and to the Federal land.
(c) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (b)--
(A) the City shall convey to the United States all right,
title, and interest in and to the City land; and
(B) the EDC shall construct a facility and parking lot
acceptable to the Commandant of the Coast Guard.
(2) Equalization payment option.--
(A) In general.--The Commandant may, upon the agreement of
the City and the EDC, waive the requirement to construct a
facility and parking lot under paragraph (1)(B) and accept in
lieu thereof an equalization payment from the City equal to the
difference between the value, as determined by the
Administrator at the time of transfer, of the Federal land and
the City land.
(B) Availability of funds.--Any amounts received pursuant
to subparagraph (A) shall be available to the Commandant,
without further appropriation and until expended, to construct,
expand, or improve facilities related to Sector Detroit's aids
to navigation or vessel maintenance.
(d) Conditions of Exchange.--
(1) Covenants.--All conditions placed within the deeds of title
shall be construed as covenants running with the land.
(2) Authority to accept quitclaim deed.--The Commandant may
accept a quitclaim deed for the City land and may convey the
Federal land by quitclaim deed.
(3) Environmental remediation.--Prior to the time of the
exchange, the Coast Guard and the EDC shall remediate any and all
contaminants existing on their respective properties to levels
required by applicable State and Federal law. The Commandant and,
as a condition of the exchange, the EDC shall make available for
review and inspection any record relating to hazardous materials on
the land to be exchanged under this section. The costs of remedial
actions relating to hazardous materials on exchanged land shall be
paid by those entities responsible for costs under applicable law.
(e) Authority to Enter Into License or Lease.--The Commandant may
enter into a license or lease agreement with the Detroit Riverfront
Conservancy for the use of a portion of the Federal land for the
Detroit Riverfront Walk. Such license or lease shall be at no cost to
the City and upon such other terms that are acceptable to the
Commandant, and shall terminate upon the completion of the exchange
authorized by this section, or the date specified in subsection (h),
whichever occurs earlier.
(f) Map and Legal Descriptions of Land.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commandant shall file with the Committee
on Commerce, Science and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives the maps, entitled ``Atwater Street Land Exchange
Maps'', which depict the Federal land and the City lands and
provide a legal description of each property to be exchanged.
(2) Force of law.--The maps and legal descriptions filed under
paragraph (1) shall have the same force and effect as if included
in this Act, except that the Commandant may correct typographical
errors in the maps and each legal description.
(3) Public availability.--Each map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Coast Guard and the
City.
(g) Additional Terms and Conditions.--The Commandant may require
such additional terms and conditions in connection with the exchange
under this section as the Commandant considers appropriate to protect
the interests of the United States.
(h) Expiration of Authority To Convey.--The authority to enter into
the exchange authorized by this section shall expire three years after
the date of enactment of this Act.

SEC. 2846. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE SITE, GROSSE
ILE, MICHIGAN.

(a) Transfer.--Administrative jurisdiction over the property
described in subsection (b) is hereby transferred from the
Administrator of the Environmental Protection Agency to the Secretary
of the Interior.
(b) Property Described.--The property referred to in subsection (a)
is the former Nike missile site located at the southern end of Grosse
Ile, Michigan, as depicted on the map entitled ``07-CE'' on file with
the Environmental Protection Agency and dated May 16, 1984.
(c) Administration of Property.--Subject to subsection (d), the
Secretary of the Interior shall administer the property described in
subsection (b)--
(1) acting through the United States Fish and Wildlife Service;
(2) as part of the Detroit River International Wildlife Refuge;
and
(3) for use as a habitat for fish and wildlife and as a
recreational property for outdoor education and environmental
appreciation.
(d) Management of Remediation.--The Secretary of Defense, acting
through the Army Corps of Engineers, shall manage and carry out
environmental remediation activities with respect to the property
described in subsection (b) that, at a minimum, achieve the standard
sufficient to allow the property to be used as provided in subsection
(c)(3). Such remediation activities, with the exception of long-term
monitoring, shall be completed to achieve that standard not later than
two years after the date of the enactment of this Act. The Secretary of
Defense may use amounts made available from the account established by
section 2703(a)(5) of title 10, United States Code, to carry out such
remediation.
(e) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply
with, any environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

SEC. 2847. MODIFICATION TO LAND CONVEYANCE AUTHORITY, FORT BRAGG, NORTH
CAROLINA.

(a) Requirement To Convey Tract No. 404-1 Property Without
Consideration.--Section 2836 of the Military Construction Authorization
Act for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat.
2005) is amended--
(1) in subsection (a)(3), by striking ``at fair market value''
and inserting ``without consideration'';
(2) in subsection (b), by striking paragraph (2) and inserting
the following new paragraph:
``(2) The conveyances under paragraphs (2) and (3) of subsection
(a) shall be subject to the condition that the County develop and use
the conveyed properties for educational purposes and the construction
of public school structures.''; and
(3) in subsection (c), by striking paragraph (2) and inserting
the following new paragraph:
``(2) If the Secretary determines at any time that the real
property conveyed under paragraph (2) or paragraph (3) of subsection
(a) is not being used in accordance with subsection (b)(2), all right,
title, and interest in and to the property conveyed under such
paragraph, including any improvements thereon, shall revert, at the
option of the Secretary, to the United States, and the United States
shall have the right of immediate entry thereon.''.
(b) Payment of Costs of Conveyance.--Such section is further
amended by adding at the end the following new subsection:
``(f) Payment of Costs of Conveyance of Tract No. 404-1 Property.--
``(1) Payment required.--The Secretary shall require the County
to cover costs to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a)(3), including survey costs, costs
related to environmental documentation, and other administrative
costs related to the conveyance. If amounts are collected from the
County in advance of the Secretary incurring the actual costs, and
the amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall refund
the excess amount to the County.
``(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover the costs incurred by the Secretary
in carrying out the conveyance. Amounts so credited shall be merged
with amounts in such fund or account, and shall be available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.''.

SEC. 2848. LAND CONVEYANCE, LEWIS AND CLARK UNITED STATES ARMY RESERVE
CENTER, BISMARCK, NORTH DAKOTA.

(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the United Tribes Technical College all
right, title, and interest of the United States in and to a parcel of
real property, including improvements thereon, consisting of
approximately 2 acres located at the Lewis and Clark United States Army
Reserve Center, 3319 University Drive, Bismarck, North Dakota, for the
purpose of supporting education at the United Tribes Technical College.
(b) Reversionary Interest.--
(1) In general.--Subject to paragraph (2), if the Secretary
determines at any time that the real property conveyed under
subsection (a) is not being used in accordance with the purposes of
the conveyance specified in such subsection, all right, title, and
interest in and to the property shall revert, at the option of the
Secretary, to the United States, and the United States shall have
the right of immediate entry onto the property. Any determination
of the Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(2) Expiration.--The reversionary interest under paragraph (1)
shall expire upon satisfaction of the following conditions:
(A) The real property conveyed under subsection (a) is used
in accordance with the purposes of the conveyance specified in
such subsection for a period of not less than 30 years
following the date of the conveyance.
(B) After the end of period specified in subparagraph (A),
the United Tribes Technical College applies to the Secretary
for the release of the reversionary interest.
(C) The Secretary certifies, in a manner that can be filed
with the appropriate land recordation office, that the
condition under subparagraph (A) has been satisfied.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the United
Tribes Technical College to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance. If amounts are collected from the United Tribes
Technical College in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually incurred
by the Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the United Tribes Technical College.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund or
account that was used to cover the costs incurred by the Secretary
in carrying out the conveyance. Amounts so credited shall be merged
with amounts in such fund or account and shall be available for the
same purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Real Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.

SEC. 2849. LAND EXCHANGE, FORT HOOD, TEXAS.

(a) Exchange Authorized.--The Secretary of the Army may convey to
the City of Copperas Cove, Texas (in this section referred to as the
``City''), all right, title, and interest of the United States in and
to a parcel of real property, including any improvements thereon,
consisting of approximately 200 acres at Fort Hood, Texas, for the
purpose of permitting the City to improve arterial transportation
routes in the community.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall convey to the Secretary all right,
title, and interest of the City in and to one or more parcels of real
property that are acceptable to the Secretary. The fair market value of
the real property acquired by the Secretary under this subsection shall
be at least equal to the fair market value of the real property
conveyed under subsection (a), as determined by appraisals acceptable
to the Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this section
shall be determined by surveys satisfactory to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City to
cover costs to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the
conveyances under this section, including survey costs related to
the conveyances. If amounts are collected from the City in advance
of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to
carry out the conveyances, the Secretary shall refund the excess
amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the Secretary
to carry out the conveyances under this section shall be credited
to the fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyances. Amounts so credited
shall be merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(e) Additional Term and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.

Subtitle D--Energy Security

SEC. 2861. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT REGARDING
CANCELLATION CEILING FOR DEPARTMENT OF DEFENSE ENERGY
SAVINGS PERFORMANCE CONTRACTS.

Section 2913 of title 10, United States Code, is amended by
striking subsection (e).

SEC. 2862. DEFINITION OF ALTERNATIVE FUELED VEHICLE.

Section 301(3) of the Energy Policy Act of 1992 (42 U.S.C.
13211(3)) is amended--
(1) by striking ``(3) the term'' and inserting the following:
``(3) Alternative fueled vehicle.--
``(A) In general.--The term''; and
(2) by adding at the end the following:
``(B) Inclusions.--The term `alternative fueled vehicle'
includes--
``(i) a new qualified fuel cell motor vehicle (as
defined in section 30B(b)(3) of the Internal Revenue Code
of 1986);
``(ii) a new advanced lean burn technology motor
vehicle (as defined in section 30B(c)(3) of that Code);
``(iii) a new qualified hybrid motor vehicle (as
defined in section 30B(d)(3) of that Code); and
``(iv) any other type of vehicle that the Administrator
demonstrates to the Secretary would achieve a significant
reduction in petroleum consumption.''.

SEC. 2863. USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND BULBS IN
DEPARTMENT OF DEFENSE FACILITIES.

(a) Construction and Alteration of Buildings.--Each building
constructed or significantly altered by the Secretary of Defense or the
Secretary of a military department shall be equipped, to the maximum
extent feasible as determined by the Secretary concerned, with lighting
fixtures and bulbs that are energy efficient.
(b) Maintenance of Buildings.--Each lighting fixture or bulb that
is replaced in the normal course of maintenance of buildings under the
jurisdiction of the Secretary of Defense or the Secretary of a military
department shall be replaced, to the maximum extent feasible as
determined by the Secretary concerned, with a lighting fixture or bulb
that is energy efficient.
(c) Considerations.--In making a determination under this section
concerning the feasibility of installing a lighting fixture or bulb
that is energy efficient, the Secretary of Defense or the Secretary of
a military department shall consider--
(1) the life cycle cost effectiveness of the fixture or bulb;
(2) the compatibility of the fixture or bulb with existing
equipment;
(3) whether use of the fixture or bulb could result in
interference with productivity;
(4) the aesthetics relating to use of the fixture or bulb; and
(5) such other factors as the Secretary concerned determines
appropriate.
(d) Energy Star.--A lighting fixture or bulb shall be treated as
being energy efficient for purposes of this section if--
(1) the fixture or bulb is certified under the Energy Star
program established by section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a); or
(2) the Secretary of Defense or the Secretary of a military
department has otherwise determined that the fixture or bulb is
energy efficient.
(e) Significant Alterations.--A building shall be treated as being
significantly altered for purposes of subsection (a) if the alteration
is subject to congressional authorization under section 2802 of title
10, United States Code.
(f) Waiver Authority.--The Secretary of Defense may waive the
requirements of this section if the Secretary determines that such a
waiver is necessary to protect the national security interests of the
United States.
(g) Effective Date.--The requirements of subsections (a) and (b)
shall take effect one year after the date of the enactment of this Act.

SEC. 2864. REPORTING REQUIREMENTS RELATING TO RENEWABLE ENERGY USE BY
DEPARTMENT OF DEFENSE TO MEET DEPARTMENT ELECTRICITY
NEEDS.

(a) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to the congressional defense
committees a report containing the following information:
(1) The extent to which energy from renewable energy sources is
used to meet the electricity needs of the Department of Defense, to
be stated as a percentage of total facility electricity use for the
previous fiscal year.
(2) The extent to which energy from renewable energy sources
was procured through alternative financing methods, to be stated as
a percentage of total renewable energy procurement and as a dollar
amount for the previous fiscal year.
(3) The extent to which energy from renewable energy sources
was procured through the use of appropriated funds, to be stated as
a percentage of total renewable energy procurement and as a dollar
amount for the previous fiscal year.
(4) A graphical illustration of energy use from renewable
energy sources by the Department as a percentage of total facility
electricity use over time, starting no later than fiscal year 2000
and running through fiscal year 2025, including projected future
trends in renewable energy consumption through fiscal year 2025 in
order to meet the goals for renewable energy set forth in section
2911(e) of title 10, United States Code, or other goals, as
appropriate.
(b) Subsequent Reports.--For fiscal year 2008 and each fiscal year
thereafter, the information required by paragraphs (1) through (4) of
subsection (a) shall be included in the Annual Energy Management Report
prepared by the Under Secretary of Defense for Acquisition, Technology,
and Logistics.
(c) Renewable Energy Sources Defined.--In this section, the term
``renewable energy sources'' has the meaning given that term in section
203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)).

Subtitle E--Other Matters

SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO
ARLINGTON NATIONAL CEMETERY.

Subsection (h) of section 2881 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law 106-
65; 113 Stat. 879), as amended by section 2863 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1330), section 2851 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2726), and section 2881 of the Military
Construction Authorization Act for Fiscal Year 2005 (division B of
Public Law 108-375; 115 Stat. 2153), is further amended by striking
paragraphs (1) and (2) and inserting the following new paragraphs:
``(1) January 1, 2011;
``(2) the date on which the Navy Annex property is no longer
required (as determined by the Secretary of Defense) for use as
temporary office space; or
``(3) one year after the date on which the Secretary of the
Army notifies the Secretary of Defense that the Navy Annex property
is needed for the expansion of Arlington National Cemetery.''.

SEC. 2872. TRANSFER OF JURISDICTION OVER AIR FORCE MEMORIAL TO
DEPARTMENT OF THE AIR FORCE.

(a) Transfer of Jurisdiction.--Notwithstanding section 2881 of the
Military Construction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106-65; 113 Stat. 879) and section 2863 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1330; 40 U.S.C. 1003 note), the Secretary
of the Army may transfer administrative jurisdiction, custody, and
control of the parcel of Federal land described in subsection (b)(1) of
such section 2863 to the Secretary of the Air Force.
(b) Limitation on Payment of Expenses.--If the Air Force Memorial
is transferred to the Secretary of the Air Force as authorized by
subsection (a), the United States shall not pay any costs incurred for
the maintenance and repair of the Air Force Memorial.

SEC. 2873. REPORT ON PLANS TO REPLACE THE MONUMENT AT THE TOMB OF THE
UNKNOWNS AT ARLINGTON NATIONAL CEMETERY, VIRGINIA.

(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army and the Secretary of
Veterans Affairs shall jointly submit to Congress a report setting
forth the following:
(1) The current plans of the Secretaries with respect to--
(A) replacing the monument at the Tomb of the Unknowns at
Arlington National Cemetery, Virginia; and
(B) disposing of the current monument at the Tomb of the
Unknowns, if it were removed and replaced.
(2) An assessment of the feasibility and advisability of
repairing the monument at the Tomb of the Unknowns rather than
replacing it.
(3) A description of the current efforts of the Secretaries to
maintain and preserve the monument at the Tomb of the Unknowns.
(4) An explanation of why no attempt has been made since 1989
to repair the monument at the Tomb of the Unknowns.
(5) A comprehensive estimate of the cost of replacement of the
monument at the Tomb of the Unknowns and the cost of repairing such
monument.
(6) An assessment of the structural integrity of the monument
at the Tomb of the Unknowns.
(b) Limitation on Action.--The Secretary of the Army and the
Secretary of Veterans Affairs may not take any action to replace the
monument at the Tomb of the Unknowns at Arlington National Cemetery,
Virginia, until 180 days after the date of the receipt by Congress of
the report required by subsection (a).
(c) Exception.--The limitation in subsection (b) shall not prevent
the Secretary of the Army or the Secretary of Veterans Affairs from
repairing the current monument at the Tomb of the Unknowns or from
acquiring any blocks of marble for uses related to such monument,
subject to the availability of appropriations for those purposes.

SEC. 2874. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND
PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL, MARNES-LA-
COQUETTE, FRANCE.

Section 1065 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1233) is amended--
(1) in subsection (a)(2), by striking ``$2,000,000'' and
inserting ``$2,500,000''; and
(2) in subsection (e), by striking ``under section 301(a)(4)''.

SEC. 2875. ADDITION OF WOONSOCKET LOCAL PROTECTION PROJECT.

Section 2866 of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2499) is
amended by adding at the end the following new subsection:
``(d) Woonsocket Local Protection Project.--
``(1) Assumption of responsibility.--The Secretary of the Army,
acting through the Chief of Engineers, shall assume responsibility
for the annual operation and maintenance of the Woonsocket local
protection project authorized by section 10 of the Act of December
22, 1944 (commonly known as the Flood Control Act of 1944; 58 Stat.
892, chapter 665), including by acquiring, in accordance with
paragraph (2), any interest of the city of Woonsocket, Rhode
Island, in and to land and structures required for the continued
operation and maintenance, repair, replacement, rehabilitation, and
structural integrity of the project, as identified by the city, in
coordination with the Secretary.
``(2) Acquisition.--As a condition on the Secretary's
assumption of responsibility for the Woonsocket local protection
project under paragraph (1), the city of Woonsocket shall convey,
not later than one year after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2008, to the
Secretary of the Army, by quitclaim deed and without consideration,
all right, title, and interest of the city in and to the Woonsocket
local protection project, including any interest of the city in and
to land and structures required for the continued operation and
maintenance, repair, replacement, rehabilitation, and structural
integrity of the project, as identified by the city.''.

SEC. 2876. REPEAL OF MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN,
PUERTO RICO.

Section 1507 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-355) is repealed.

SEC. 2877. ESTABLISHMENT OF NATIONAL MILITARY WORKING DOG TEAMS
MONUMENT ON SUITABLE MILITARY INSTALLATION.

(a) Authority to Establish Monument.--The Secretary of Defense may
permit the National War Dogs Monument, Inc., to establish and maintain,
at a suitable location at Fort Belvoir, Virginia, or another military
installation in the United States, a national monument to honor the
sacrifice and service of United States Armed Forces working dog teams
that have participated in the military operations of the United States.
(b) Location and Design of Monument.--The actual location and final
design of the monument authorized by subsection (a) shall be subject to
the approval of the Secretary. In selecting the military installation
and site on such installation to serve as the location for the
monument, the Secretary shall seek to maximize access to the resulting
monument for both visitors and their dogs.
(c) Maintenance.--The maintenance of the monument authorized by
subsection (a) by the National War Dogs Monument, Inc., shall be
subject to such conditions regarding access to the monument, and such
other conditions, as the Secretary considers appropriate to protect the
interests of the United States.
(d) Limitation on Payment of Expenses.--The United States
Government shall not pay any expense for the establishment or
maintenance of the monument authorized by subsection (a).

SEC. 2878. REPORT REQUIRED PRIOR TO REMOVAL OF MISSILES FROM 564TH
MISSILE SQUADRON.

(a) Report Required.--The Secretary of Defense shall submit to the
congressional defense committees a report on the feasibility of
establishing an association between the 120th Fighter Wing of the
Montana Air National Guard and active duty personnel stationed at
Malmstrom Air Force Base, Montana. In preparing the report, the
Secretary shall include the following evaluations:
(1) An evaluation of the requirement of the Air Force for
additional F-15 aircraft active or reserve component force
structure.
(2) An evaluation of the airspace training opportunities in the
immediate airspace around Great Falls International Airport Air
Guard Station.
(3) An evaluation of the impact of civilian operations on
military operations at Great Falls International Airport.
(4) An evaluation of the level of civilian encroachment on the
facilities and airspace of the 120th Fighter Wing.
(5) An evaluation of the support structure available, including
active military bases nearby.
(6) An evaluation of opportunities for additional association
between the Montana National Guard and the 341st Space Wing.
(b) Limitation on Removal Pending Report.--Not more than 40
missiles may be removed from the 564th Missile Squadron until 15 days
after the report required in subsection (a) has been submitted.

SEC. 2879. REPORT ON CONDITION OF SCHOOLS UNDER JURISDICTION OF
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.

(a) Report Required.--Not later than March 1, 2008, the Secretary
of Defense shall submit to the congressional defense committees a
report on the conditions of schools under the jurisdiction of the
Department of Defense Education Activity.
(b) Content.--The report required under subsection (a) shall
include the following:
(1) A description of each school under the control of the
Secretary, including the location, year constructed, grades of
attending children, maximum capacity, and current capacity of the
school.
(2) A description of the standards and processes used by the
Secretary to assess the adequacy of the size of school facilities,
the ability of facilities to support school programs, and the
current condition of facilities.
(3) A description of the conditions of the facility or
facilities at each school, including the level of compliance with
the standards described in paragraph (2), any existing or projected
facility deficiencies or inadequate conditions at each facility,
and whether any of the facilities listed are temporary structures.
(4) An investment strategy planned for each school to correct
deficiencies identified in paragraph (3), including a description
of each project to correct such deficiencies, cost estimates, and
timelines to complete each project.
(5) A description of requirements for new schools to be
constructed over the next 10 years as a result of changes to the
population of military personnel.
(c) Use of Report as Master Plan for Repair, Upgrade, and
Construction of Schools.--The Secretary shall use the report required
under subsection (a) as a master plan for the repair, upgrade, and
construction of schools in the Department of Defense system that
support dependents of members of the Armed Forces and civilian
employees of the Department of Defense.

SEC. 2880. REPORT ON FACILITIES AND OPERATIONS OF DARNALL ARMY MEDICAL
CENTER, FORT HOOD MILITARY RESERVATION, TEXAS.

(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report assessing the facilities and
operations of the Darnall Army Medical Center at Fort Hood Military
Reservation, Texas.
(b) Content.--The report required under subsection (a) shall
include the following:
(1) A specific determination of whether the facilities
currently housing Darnall Army Medical Center meet Department of
Defense standards for Army medical centers.
(2) A specific determination of whether the existing facilities
adequately support the operations of Darnall Army Medical Center,
including the missions of medical treatment, medical hold, medical
holdover, and Warriors in Transition.
(3) A specific determination of whether the existing facilities
provide adequate physical space for the number of personnel that
would be required for Darnall Army Medical Center to function as a
full-sized Army medical center.
(4) A specific determination of whether the current levels of
medical and medical-related personnel at Darnall Army Medical
Center are adequate to support the operations of a full-sized Army
medical center.
(5) A specific determination of whether the current levels of
graduate medical education and medical residency programs currently
in place at Darnall Army Medical Center are adequate to support the
operations of a full-sized Army medical center.
(6) A description of any and all deficiencies identified by the
Secretary.
(7) A proposed investment plan and timeline to correct such
deficiencies.

SEC. 2881. REPORT ON FEASIBILITY OF ESTABLISHING A REGIONAL DISASTER
RESPONSE CENTER AT KELLY AIR FIELD, SAN ANTONIO, TEXAS.

(a) Findings.--Congress makes the following findings:
(1) The Federal response to Hurricane Katrina demonstrated the
need for greater coordination and planning capability at the
Federal, State, and local levels of government.
(2) Coordination of State and local assets can be more
effectively accomplished if such assets are organized on a regional
basis similar to the manner in which the Federal Emergency
Management Agency organizes its efforts.
(3) Despite the obvious need for experienced and routinely
exercised operational headquarters skilled in disaster response, no
such headquarters have been established.
(4) Such a headquarters would be appropriately located on
available Federal property in Region VI of the Federal Emergency
Management Agency, which includes Texas, Louisiana, Oklahoma,
Arkansas, and New Mexico, and is a region subject to forest fires,
floods, hurricanes, and tornadoes.
(b) Report Required.--Not later than March 31, 2008, the Secretary
of Defense, in coordination with the Secretary of Homeland Security,
shall submit to Congress a report on the feasibility of establishing at
Kelly Air Field in San Antonio, Texas, a permanent, regionally oriented
disaster response center responsible for planning, coordinating, and
directing the Federal, State, and local response to man-made and
natural disasters that occur in Region VI of the Federal Emergency
Management Agency.
(c) Content.--The report required under subsection (b) shall
include the following:
(1) A determination of how the regional disaster response
center, if established at Kelly Air Field, would organize and
leverage capabilities of the following currently co-located
organizations, facilities, and forces located in San Antonio,
Texas:
(A) Lackland Air Force Base.
(B) Fort Sam Houston.
(C) Brooke Army Medical Center.
(D) Wilford Hall Medical Center.
(E) City of San Antonio/Bexar County Emergency Operations
Center.
(F) Audie Murphy Veterans Administration Medical Center.
(G) 433rd Airlift Wing C-5 Heavy Lift Aircraft.
(H) 149 Fighter Wing and Texas Air National Guard F-16
fighter aircraft.
(I) Army Northern Command.
(J) The three level 1 trauma centers of the National Trauma
Institute.
(K) Texas Medical Rangers.
(L) San Antonio Metro Health Department.
(M) The University of Texas Health Science Center at San
Antonio.
(N) The Air Intelligence Surveillance and Reconnaissance
Agency at Lackland Air Force Base.
(O) The United States Air Force Security Police Training
Department at Lackland Air Force Base.
(P) The large manpower pools and blood donor pools from the
more than 6,000 trainees at Lackland Air Force Base.
(2) A determination of the number of military and civilian
personnel who would have to be mobilized to run the logistics,
planning, and maintenance of the regional disaster response center,
if established at Kelly Air Field, during a time of disaster
recovery.
(3) A determination of the number of military and civilian
personnel who would be required to run the logistics, planning, and
maintenance of the regional disaster response center during a time
when no disaster is occurring.
(4) A determination of the cost of improving the current
infrastructure at Kelly Air Field to meet the needs of displaced
victims of a disaster equivalent to that of Hurricanes Katrina and
Rita or a natural or man-made disaster of similar scope, including
adequate beds, food stores, and decontamination stations to triage
radiation or other chemical or biological agent contamination
victims.
(5) An evaluation of the current capability of the Department
of Defense and the Department of Homeland Security to respond to
these mission requirements and an assessment of any additional
capabilities that are required.
(6) An assessment of the costs and benefits of adding such
capabilities at Kelly Air Field to the costs and benefits of other
locations.

SEC. 2882. NAMING OF HOUSING FACILITY AT FORT CARSON, COLORADO, IN
HONOR OF THE HONORABLE JOEL HEFLEY, A FORMER MEMBER OF
THE UNITED STATES HOUSE OF REPRESENTATIVES.

(a) Findings.--Congress makes the following findings:
(1) Representative Joel Hefley was elected to represent
Colorado's 5th Congressional district in 1986 and served in the
House of Representatives until the end of the 109th Congress in
2007 with distinction, class, integrity, and honor.
(2) Representative Hefley served on the Committee on Armed
Services of the House of Representatives for 18 years, including
service as Chairman of the Subcommittee on Military Installations
and Facilities from 1995 through 2000 and, from 2001 until 2007, as
Chairman of the Subcommittee on Readiness.
(3) Representative Hefley was a fair and effective lawmaker who
worked for the national interest while never forgetting his Western
roots.
(4) Representative Hefley's efforts on the Committee on Armed
Services were instrumental to the military value of, and quality of
life at, installations in the State of Colorado, including Fort
Carson, Cheyenne Mountain, Peterson Air Force Base, Schriever Air
Force Base, Buckley Air Force Base, and the United States Air Force
Academy.
(5) Representative Hefley was a leader in efforts to retain and
expand Fort Carson as an essential part of the national defense
system during the Defense Base Closure and Realignment process.
(6) Representative Hefley consistently advocated for providing
members of the Armed Forces and their families with quality, safe,
and affordable housing and supportive communities.
(7) Representative Hefley spearheaded the Military Housing
Privatization Initiative to eliminate inadequate housing on
military installations, with the first pilot program located at
Fort Carson.
(8) Representative Hefley's leadership on the Military Housing
Privatization Initiative allowed for the privatization of more than
121,000 units of military family housing, which brought meaningful
improvements to living conditions for thousands of members of the
Armed Forces and their spouses and children at installations
throughout the United States.
(9) It is fitting and proper that an appropriate military
family housing area or structure at Fort Carson be designated in
honor of Representative Hefley.
(b) Designation.--Notwithstanding Army Regulation AR 1-33, the
Secretary of the Army shall designate one of the military family
housing areas or facilities constructed for Fort Carson, Colorado,
using the authority provided by subchapter IV of chapter 169 of title
10, United States Code, as the ``Joel Hefley Village''.

SEC. 2883. NAMING OF NAVY AND MARINE CORPS RESERVE CENTER AT ROCK
ISLAND, ILLINOIS, IN HONOR OF THE HONORABLE LANE EVANS, A
FORMER MEMBER OF THE UNITED STATES HOUSE OF
REPRESENTATIVES.

(a) Findings.--Congress makes the following findings:
(1) Representative Lane Evans was elected to the House of
Representatives in 1982 and served in the House of Representatives
until the end of the 109th Congress in 2007 representing the people
of Illinois' 17th Congressional district.
(2) As a member of the Committee on Armed Services of the House
of Representatives, Representative Evans worked to bring common
sense priorities to defense spending and strengthen the military's
conventional readiness.
(3) Representative Evans was a tireless advocate for military
veterans, ensuring that veterans receive the medical care they need
and advocating for individuals suffering from post-traumatic stress
disorder and Gulf War Syndrome.
(4) Representative Evans' efforts to improve the transition of
individuals from military service to the care of the Department of
Veterans Affairs will continue to benefit generations of veterans
long into the future.
(5) Representative Evans was credited with bringing new
services to veterans living in his Congressional district,
including outpatient clinics in the Quad Cities and Quincy and the
Quad-Cities Vet Center.
(6) Representative Evans worked with local leaders to promote
the Rock Island Arsenal, and it earned new jobs and missions
through his support.
(7) In honor of his service in the Marine Corps and to his
district and the United States, it is fitting and proper that the
Navy and Marine Corps Reserve Center at Rock Island Arsenal be
named in honor of Representative Evans.
(b) Designation.--The Navy and Marine Corps Reserve Center at Rock
Island Arsenal, Illinois, shall be known and designated as the ``Lane
Evans Navy and Marine Corps Reserve Center''. Any reference in a law,
map, regulation, document, paper, or other record of the United States
to the Navy and Marine Corps Reserve Center at Rock Island Arsenal
shall be deemed to be a reference to the Lane Evans Navy and Marine
Corps Reserve Center.

SEC. 2884. NAMING OF RESEARCH LABORATORY AT AIR FORCE ROME RESEARCH
SITE, ROME, NEW YORK, IN HONOR OF THE HONORABLE SHERWOOD
L. BOEHLERT, A FORMER MEMBER OF THE UNITED STATES HOUSE
OF REPRESENTATIVES.

The new laboratory building at the Air Force Rome Research Site,
Rome, New York, shall be known and designated as the ``Sherwood
Boehlert Center of Excellence for Information Science and Technology''.
Any reference in a law, map, regulation, document, paper, or other
record of the United States to such laboratory facility shall be deemed
to be a reference to the Sherwood Boehlert Center of Excellence for
Information Science and Technology.

SEC. 2885. NAMING OF ADMINISTRATION BUILDING AT JOINT SYSTEMS
MANUFACTURING CENTER, LIMA, OHIO, IN HONOR OF THE
HONORABLE MICHAEL G. OXLEY, A FORMER MEMBER OF THE UNITED
STATES HOUSE OF REPRESENTATIVES.

The administration building under construction at the Joint Systems
Manufacturing Center in Lima, Ohio, shall be known and designated as
the ``Michael G. Oxley Administration and Technology Center''. Any
reference in a law, map, regulation, document, paper, or other record
of the United States to such building shall be deemed to be a reference
to the Michael G. Oxley Administration and Technology Center.

SEC. 2886. NAMING OF LOGISTICS AUTOMATION TRAINING FACILITY, ARMY
QUARTERMASTER CENTER AND SCHOOL, FORT LEE, VIRGINIA, IN
HONOR OF GENERAL RICHARD H. THOMPSON.

Notwithstanding Army Regulation AR 1-33, the Logistics Automation
Training Facility of the Army Quartermaster Center and School at Fort
Lee, Virginia, shall be known and designated as the ``General Richard
H. Thompson Logistics Automation Training Facility'' in honor of
General Richard H. Thompson, the only quartermaster to have risen from
private to full general. Any reference in a law, map, regulation,
document, paper, or other record of the United States to such facility
shall be deemed to be a reference to the General Richard H. Thompson
Logistics Automation Training Facility.

SEC. 2887. AUTHORITY TO RELOCATE JOINT SPECTRUM CENTER TO FORT MEADE,
MARYLAND.

(a) Authority to Carry Out Relocation Agreement.--The Secretary of
Defense may carry out an agreement to relocate the Joint Spectrum
Center, a geographically separated unit of the Defense Information
Systems Agency, from Annapolis, Maryland, to Fort Meade, Maryland, or
another military installation if--
(1) the Secretary determines that the relocation of the Joint
Spectrum Center is in the best interest of national security and
the physical protection of personnel and missions of the Department
of Defense; and
(2) the agreement between the lease holder and the Department
of Defense provides equitable and appropriate terms to facilitate
the relocation.
(b) Authorization.--Any facility, road, or infrastructure
constructed or altered on a military installation as a result of the
agreement referred to in subsection (a) is deemed to be authorized in
accordance with section 2802 of title 10, United States Code.
(c) Termination of Existing Lease.--Upon completion of the
relocation of the Joint Spectrum Center, all right, title, and interest
of the United States in and to the existing lease for the Joint
Spectrum Center shall be terminated, as contemplated under Condition
29.B of the lease.

TITLE XXIX--WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Colorado..................... Fort Carson.............. $8,100,000
Georgia...................... Fort Stewart............. $6,000,000
Kansas....................... Fort Riley............... $50,000,000
Kentucky..................... Fort Campbell............ $7,400,000
Louisiana.................... Fort Polk................ $4,900,000
New York..................... Fort Drum................ $38,000,000
Texas........................ Fort Hood................ $9,100,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Afghanistan.................. Bagram Air Base.......... $249,600,000
Ghazni................... $5,000,000
Kabul.................... $36,000,000
Iraq......................... Camp Adder............... $80,650,000
Al Asad.................. $92,600,000
Camp Anaconda............ $53,500,000
Camp Constitution........ $11,700,000
Camp Cropper............. $9,500,000
Fallujah................. $880,000
Camp Marez............... $880,000
Mosul.................... $43,000,000
Q-West................... $26,000,000
Camp Ramadi.............. $880,000
Scania................... $14,200,000
Camp Speicher............ $83,900,000
Camp Taqqadum............ $880,000
Tikrit................... $43,000,000
Camp Victory............. $65,400,000
Camp Warrior............. $880,000
Various Locations........ $207,000,000
Kuwait....................... Camp Arifjan............. $30,000,000
------------------------------------------------------------------------

(c) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2007,
for military construction, land acquisition, and military family
housing functions of the Department of the Army in the total amount of
$1,257,750,000 as follows:
(1) For military construction projects inside the United States
authorized by subsection (a), $123,500,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $1,055,450,000.
(3) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$78,800,000.
(d) Report Required Before Commencing Certain Projects.--Funds may
not be obligated for the projects authorized by subsection (b) for Camp
Arifjan, Kuwait, or Camp Cropper, Iraq, until 14 days after the date on
which the Secretary of Defense submits to the congressional defense
committees a report, in either unclassified or classified form,
containing a detailed justification for the project, including the
overall intent of the requested construction, host-nation views,
longevity of the site selected, and timelines for completion. The
Secretary shall submit the report not later than January 15, 2008.

SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (d)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (d)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti....................................... Camp Lemonier................................ $25,410,000
----------------------------------------------------------------------------------------------------------------

(c) Family Housing.--Using amounts appropriated pursuant to the
authorization of appropriations in subsection (d)(4), the Secretary of
the Navy may construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations or
locations, and in the amounts, set forth in the following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Camp Pendleton............................... $10,692,000
Twentynine Palms............................. $1,074,000
----------------------------------------------------------------------------------------------------------------

(d) Authorization of Appropriations.--Subject to section 2825 of
title 10, United States Code, funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2007, for
military construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount of
$198,781,000, as follows:
(1) For military construction projects inside the United States
authorized by subsection (a), $149,814,000.
(2) For military construction projects outside the United
States authorized by subsection (a), $25,410,000.
(3) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$11,791,000.
(4) For construction and acquisition, planning and design, and
improvement of military family housing and facilities, $11,766,000.

SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (b)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:

Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Bagram Air Base.............................. $108,800,000
Kandahar..................................... $26,300,000
Iraq........................................... Balad Air Base............................... $58,300,000
Kyrgyzstan..................................... Manas Air Base............................... $30,300,000
----------------------------------------------------------------------------------------------------------------

(b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2007,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force in the total
amount of $258,700,000, as follows:
(1) For military construction projects outside the United
States authorized by subsection (a), $223,700,000.
(2) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$35,000,000.

SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Texas.......................................... Fort Sam Houston............................. $21,000,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in subsection (c)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Qatar.......................................... Al Udeid..................................... $6,600,000
----------------------------------------------------------------------------------------------------------------

SEC. 2905. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005
AND RELATED AUTHORIZATION OF APPROPRIATIONS.

(a) Authorized Base Closure and Realignment Activities Funded
Through Department of Defense Base Closure Account 2005.--Using amounts
authorized appropriated pursuant to the authorization of appropriations
in subsection (b), the Secretary of Defense may carry out base closure
and realignment activities otherwise authorized by section 2702 of this
Act, including real property acquisition and military construction
projects, as authorized by the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) and funded through the Department of Defense Base Closure Account
2005 established by section 2906A of such Act, in the amount of
$423,650,000. Such amount is in addition to the amount specified for
such base closure and realignment activities in section 2702 of this
Act.
(b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2007,
for base closure and realignment activities authorized by subsection
(a) and funded through the Department of Defense Base Closure Account
2005 in the total amount of $415,910,000.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Subtitle B--Program Authorizations, Restrictions, and Limitations

Subtitle C--Other Matters

Subtitle D--Nuclear Terrorism Prevention

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2008 for
the activities of the National Nuclear Security Administration in
carrying out programs necessary for national security in the amount of
$9,576,095,000, to be allocated as follows:
(1) For weapons activities, $6,465,574,000.
(2) For defense nuclear nonproliferation activities,
$1,902,646,000.
(3) For naval reactors, $808,219,000.
(4) For the Office of the Administrator for Nuclear Security,
$399,656,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 08-D-801, High pressure fire loop, Pantex Plant,
Amarillo, Texas, $7,000,000.
Project 08-D-802, High explosive pressing facility, Pantex
Plant, Amarillo, Texas, $25,300,000.
Project 08-D-804, Technical Area 55 reinvestment project,
Los Alamos National Laboratory, Los Alamos, New Mexico,
$6,000,000.
(2) For facilities and infrastructure recapitalization, the
following new plant projects:
Project 08-D-601, Mercury highway, Nevada Test Site,
Nevada, $7,800,000.
Project 08-D-602, Potable water system upgrades, Y-12
Plant, Oak Ridge, Tennessee, $22,500,000.
(3) For safeguards and security, the following new plant
project:
Project 08-D-701, Nuclear materials safeguards and security
upgrade, Los Alamos National Laboratory, Los Alamos, New
Mexico, $49,496,000.
(4) For naval reactors, the following new plant projects:
Project 08-D-901, Shipping and receiving and warehouse
complex, Bettis Atomic Power Laboratory, West Mifflin,
Pennsylvania, $9,000,000.
Project 08-D-190, Project engineering and design, Expended
Core Facility M-290 Recovering Discharge Station, Naval
Reactors Facility, Idaho Falls, Idaho, $550,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2008 for
defense environmental cleanup activities in carrying out programs
necessary for national security in the amount of $5,367,905,000.
(b) Authorization for New Plant Project.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant project:
Project 08-D-414, Project engineering and design, Plutonium
Vitrification Facility, various locations, $9,000,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2008 for other defense activities in carrying
out programs necessary for national security in the amount of
$763,974,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2008 for defense nuclear waste disposal for
payment to the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$292,046,000.

SEC. 3105. ENERGY SECURITY AND ASSURANCE.

Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2008 for energy security and assurance programs
necessary for national security in the amount of $5,860,000.

Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.

No funds appropriated pursuant to the authorization of
appropriations in section 3101(a)(1) or otherwise made available for
weapons activities of the National Nuclear Security Administration for
fiscal year 2008 may be obligated or expended for activities under the
Reliable Replacement Warhead program under section 4204a of the Atomic
Energy Defense Act (50 U.S.C. 2524a) beyond phase 2A activities.

SEC. 3112. NUCLEAR TEST READINESS.

(a) Repeal of Requirements on Readiness Posture.--Section 3113 of
the National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1743; 50 U.S.C. 2528a) is repealed.
(b) Reports on Nuclear Test Readiness Postures.--
(1) In general.--Section 4208 of the Atomic Energy Defense Act
(50 U.S.C. 2528) is amended to read as follows:

``SEC. 4208. REPORTS ON NUCLEAR TEST READINESS.

``(a) In General.--Not later than March 1, 2009, and every odd-
numbered year thereafter, the Secretary of Energy shall submit to the
congressional defense committees a report on the nuclear test readiness
of the United States.
``(b) Elements.--Each report under subsection (a) shall include,
current as of the date of such report, the following:
``(1) An estimate of the period of time that would be necessary
for the Secretary of Energy to conduct an underground test of a
nuclear weapon once directed by the President to conduct such a
test.
``(2) A description of the level of test readiness that the
Secretary of Energy, in consultation with the Secretary of Defense,
determines to be appropriate.
``(3) A list and description of the workforce skills and
capabilities that are essential to carrying out an underground
nuclear test at the Nevada Test Site.
``(4) A list and description of the infrastructure and physical
plant that are essential to carrying out an underground nuclear
test at the Nevada Test Site.
``(5) An assessment of the readiness status of the skills and
capabilities described in paragraph (3) and the infrastructure and
physical plant described in paragraph (4).
``(c) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.''.
(2) Clerical amendment.--The item relating to section 4208 in
the table of contents for such Act is amended to read as follows:
``Sec. 4208. Reports on nuclear test readiness.''.

SEC. 3113. MODIFICATION OF REPORTING REQUIREMENT.

Section 3111 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3539) is amended--
(1) by redesignating subsections (c) and (d) as (d) and (e),
respectively;
(2) by inserting after subsection (b) the following:
``(c) Form.--The report required by subsection (b) shall be
submitted in classified form, and shall include a detailed unclassified
summary.''; and
(3) in subsection (e), as so redesignated, by striking ``(c)''
and inserting ``(d)''.

SEC. 3114. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE MATERIALS
DISPOSITION PROGRAM.

(a) Limitation Pending Report on Use of Prior Fiscal Year Funds.--
No more than 75 percent of the fiscal year 2008 Fissile Materials
Disposition program funds may be obligated for the Fissile Materials
Disposition program until the Secretary of Energy, in consultation with
the Administrator for Nuclear Security, submits to the congressional
defense committees a report setting forth a plan for obligating and
expending funds made available for that program in fiscal years before
fiscal year 2008 that remain available for obligation or expenditure as
of January 1, 2005, and for fiscal year 2008.
(b) Availability of Unutilized Funds Under Certification of Partial
Use.--Any funds identified in the plan required in subsection (a) that
are not planned to be obligated by the end of fiscal year 2009 shall
also be available for any defense nuclear nonproliferation activities
(other than the Fissile Materials Disposition program) for which
amounts are authorized to be appropriated by section 3101(a)(2).
(c) Fiscal Year 2008 Fissile Materials Disposition Program Funds
Defined.--In this section, the term ``fiscal year 2008 Fissile
Materials Disposition program funds'' means amounts authorized to be
appropriated by section 3101(a)(2) and available for the Fissile
Materials Disposition program.

SEC. 3115. MODIFICATION OF LIMITATIONS ON AVAILABILITY OF FUNDS FOR
WASTE TREATMENT AND IMMOBILIZATION PLANT.

Paragraph (2) of section 3120(a) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2510) is amended--
(1) by striking ``the Defense Contract Management Agency has
recommended for acceptance'' and inserting ``an independent entity
has reviewed''; and
(2) by inserting ``and that the system has been certified by
the Secretary for use by a construction contractor at the Waste
Treatment and Immobilization Plant'' after ``Waste Treatment and
Immobilization Plant''.

SEC. 3116. MODIFICATION OF SUNSET DATE OF THE OFFICE OF THE OMBUDSMAN
OF THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM.

Section 3686(g) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-15(g)) is amended by
striking ``on the date that is 3 years after the date of the enactment
of this section'' and inserting ``October 28, 2012''.

SEC. 3117. TECHNICAL AMENDMENTS.

The Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended
as follows:
(1) The heading of section 4204a (50 U.S.C. 2524a) is amended
to read as follows:
``SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.''.
(2) The table of contents for that Act is amended by inserting
after the item relating to section 4204 the following new item:

``Sec. 4204A. Reliable Replacement Warhead program.''.

Subtitle C--Other Matters

SEC. 3121. STUDY ON USING EXISTING PITS FOR THE RELIABLE REPLACEMENT
WARHEAD PROGRAM.

(a) Study Required.--The Administrator for Nuclear Security, in
consultation with the Nuclear Weapons Council, shall carry out a study
analyzing the feasibility of using existing pits in the Reliable
Replacement Warhead program.
(b) Report.--
(1) In general.--Not later six months after the date of the
enactment of this Act, the Administrator shall submit to the
congressional defense committees a report on the results of the
study. The report shall be in unclassified form, but may include a
classified annex.
(2) Matters included.--The report shall contain the assessment
of the Administrator of the results of the study, including--
(A) an assessment of--
(i) whether using existing pits in the program is
technically feasible;
(ii) whether using existing pits in the program is more
advantageous than using newly manufactured pits in the
program;
(iii) the number of existing pits suitable for such
use;
(iv) whether proceeding to use existing pits in the
program before using newly manufactured pits in the program
is desirable; and
(v) the extent to which using existing pits, as
compared to using newly manufactured pits, in the program
would reduce future requirements for new pit production,
and how such use of existing pits would affect the schedule
and scope for new pit production; and
(B) a comparison of the requirements for certifying--
(i) reliable replacement warheads using existing pits;
(ii) reliable replacement warheads using newly
manufactured pits; and
(iii) warheads maintained by the Stockpile Life
Extension Program.
(c) Funding.--Of the amounts made available pursuant to the
authorization of appropriations in section 3101(a)(1), such funds as
may be necessary shall be available to carry out this section.

SEC. 3122. REPORT ON RETIREMENT AND DISMANTLEMENT OF NUCLEAR WARHEADS.

Not later than March 1, 2008, the Administrator for Nuclear
Security, in consultation with the Nuclear Weapons Council, shall
submit to the congressional defense committees a report on the
retirement and dismantlement of the nuclear warheads that will not be
part of the enduring stockpile as of December 31, 2012, but that have
not yet been retired or dismantled. The report shall include--
(1) the existing plan and schedule for retiring and dismantling
those warheads;
(2) an assessment of the capacity of the nuclear weapons
complex to accommodate an accelerated schedule for retiring and
dismantling those warheads, taking into account the full range of
capabilities in the complex; and
(3) an identification of the resources needed to accommodate
such an accelerated schedule for retiring and dismantling those
warheads.

SEC. 3123. PLAN FOR ADDRESSING SECURITY RISKS POSED TO NUCLEAR WEAPONS
COMPLEX.

Section 3253(b) of the National Nuclear Security Administration Act
(50 U.S.C. 2453(b)) is amended by adding at the end the following:
``(6) A plan, developed in consultation with the Director of
the Office of Health, Safety, and Security of the Department of
Energy, for the research and development, deployment, and lifecycle
sustainment of the technologies employed within the nuclear weapons
complex to address physical and cyber security threats during the
applicable five-fiscal year period, together with--
``(A) for each site in the nuclear weapons complex, a
description of the technologies deployed to address the
physical and cyber security threats posed to that site;
``(B) for each site and for the nuclear weapons complex,
the methods used by the National Nuclear Security
Administration to establish priorities among investments in
physical and cyber security technologies; and
``(C) a detailed description of how the funds identified
for each program element specified pursuant to paragraph (1) in
the budget for the Administration for each fiscal year during
that five-fiscal year period will help carry out that plan.''.

SEC. 3124. DEPARTMENT OF ENERGY PROTECTIVE FORCES.

(a) Comptroller General Report on Department of Energy Protective
Force Management.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a
report on the management of the protective forces of the Department
of Energy.
(2) Contents.--The report shall include the following:
(A) An identification of each Department of Energy site
with Category I nuclear materials.
(B) For each site identified under subparagraph (A)--
(i) a description of the management and contractual
structure for protective forces at the site;
(ii) a statement of the number and category of
protective force members at the site;
(iii) a description of the manner in which the site is
moving to a tactical response force as required by the
policy of the Department of Energy and an assessment of the
issues or problems, if any, involved in moving to such a
force;
(iv) a description of the extent to which the
protective force at the site has been assigned or is
responsible for law enforcement or law-enforcement related
activities;
(v) an assessment of the ability of the protective
force at the site to fulfill any such law enforcement or
law enforcement-related responsibilities; and
(vi) an assessment of whether the protective force at
the site is adequately staffed, trained, and equipped to
comply with the requirements of the Design Basis Threat
issued by the Department of Energy in November 2005 and, if
not, when it is projected to be.
(C) An analysis comparing the management, training, pay,
benefits, duties, responsibilities, and assignments of the
protective force at each site identified under subparagraph (A)
with the management, training, pay, benefits, duties,
responsibilities, and assignments of the Federal transportation
security force of the Department of Energy.
(D) A statement of options for managing the protective
force at sites identified under subparagraph (A) in a more
uniform manner, an analysis of the advantages and disadvantages
of each option, and an assessment of the approximate cost of
each option when compared with the costs associated with the
existing management of the protective force at such sites.
(3) Form.--The report shall be submitted in unclassified form,
but may include a classified annex.
(b) Department of Energy Analysis of Alternatives for Managing and
Deploying Protective Forces.--
(1) In general.--Not later than 90 days after the date on which
the report is submitted under subsection (a), the Secretary of
Energy, in conjunction with the Administrator for Nuclear Security
and the Assistant Secretary for Environmental Management, shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report on the management of the protective forces of the Department
of Energy.
(2) Contents.--The report shall include the following:
(A) Each of the matters specified in subparagraphs (A),
(B), and (C) of subsection (a)(2).
(B) Each of the matters specified in subparagraph (D) of
subsection (a)(2), except that--
(i) the options analyzed shall include each of the
options included in the report submitted under subsection
(a), as well as any other options identified by the
Secretary; and
(ii) the analysis and assessment shall also include an
analysis of the role played by incentives inherent in the
use of private contractors to provide protective forces in
the performance of those protective forces.
(3) Form.--The report shall be submitted in unclassified form,
but may include a classified annex.

SEC. 3125. EVALUATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION
STRATEGIC PLAN FOR ADVANCED COMPUTING.

(a) In General.--The Secretary of Energy shall--
(1) enter into an agreement with an independent entity to
conduct an evaluation of the strategic plan for advanced computing
of the National Nuclear Security Administration; and
(2) not later than one year after the date of the enactment of
this Act, submit to the congressional defense committees a report
containing the results of the evaluation described in paragraph
(1).
(b) Elements.--The evaluation described in subsection (a)(1) shall
include the following:
(1) An assessment of--
(A) the adequacy of the strategic plan in supporting the
Stockpile Stewardship Program;
(B) the role of research into, and development of, high-
performance computing supported by the National Nuclear
Security Administration in fulfilling the mission of the
National Nuclear Security Administration and in maintaining the
leadership of the United States in high-performance computing;
and
(C) the impacts of changes in investment levels or research
and development strategies on fulfilling the missions of the
National Nuclear Security Administration.
(2) An assessment of the efforts of the Department of Energy
to--
(A) coordinate high-performance computing work within the
Department, in particular between the National Nuclear Security
Administration and the Office of Science;
(B) develop joint strategies with other Federal agencies
and private industry groups for the development of high-
performance computing; and
(C) share high-performance computing developments with
private industry and capitalize on innovations in private
industry in high-performance computing.

SEC. 3126. SENSE OF CONGRESS ON THE NUCLEAR NON-PROLIFERATION POLICY OF
THE UNITED STATES AND THE RELIABLE REPLACEMENT WARHEAD
PROGRAM.

It is the sense of Congress that--
(1) the United States should maintain its commitment to Article
VI of the Treaty on the Non-Proliferation of Nuclear Weapons, done
at Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (in this section referred to as the ``Nuclear
Non-Proliferation Treaty'');
(2) the United States should initiate talks with Russia to
reduce the number of nonstrategic nuclear weapons and further
reduce the number of strategic nuclear weapons in the respective
nuclear weapons stockpiles of the United States and Russia in a
transparent and verifiable fashion and in a manner consistent with
the security of the United States;
(3) the United States and other declared nuclear weapons state
parties to the Nuclear Non-Proliferation Treaty, together with
weapons states that are not parties to the Treaty, should work to
reduce the total number of nuclear weapons in the respective
stockpiles and related delivery systems of such states;
(4) the United States, Russia, and other states should work to
negotiate, and then sign and ratify, a treaty setting forth a date
for the cessation of the production of fissile material;
(5) the United States should sustain the science-based
stockpile stewardship program, which provides the basis for
certifying the United States nuclear deterrent and maintaining the
moratorium on underground nuclear weapons testing;
(6) the United States should commit to dismantle as soon as
possible all retired warheads or warheads that are planned to be
retired from the United States nuclear weapons stockpile;
(7) the United States, along with the other declared nuclear
weapons state parties to the Nuclear Non-Proliferation Treaty,
should participate in transparent discussions regarding their
nuclear weapons programs and plans, including plans for any new
weapons or warheads, and how such programs and plans relate to
their obligations as nuclear weapons state parties under the
Treaty;
(8) the United States and the declared nuclear weapons state
parties to the Nuclear Non-Proliferation Treaty should work to
decrease reliance on, and the importance of, nuclear weapons; and
(9) the United States should formulate any decision on whether
to manufacture or deploy a reliable replacement warhead within the
broader context of the progress made by the United States toward
achieving each of the goals described in paragraphs (1) through
(8).

SEC. 3127. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND
INTERNATIONAL RADIOLOGICAL THREAT REDUCTION PROGRAM.

Not later than 120 days after the date of the enactment of this
Act, the Secretary of Energy shall submit to Congress a report that
sets forth a specific plan for strengthening and expanding the
Department of Energy International Radiological Threat Reduction (IRTR)
program within the Global Threat Reduction Initiative. The plan shall
address concerns raised and recommendations made by the Government
Accountability Office in its report of March 13, 2007, titled
``Focusing on the Highest Priority Radiological Sources Could Improve
DOE's Efforts to Secure Sources in Foreign Countries'', and shall
specifically include actions to--
(1) improve the Department's coordination with the Department
of State and the Nuclear Regulatory Commission;
(2) improve information-sharing between the Department and the
International Atomic Energy Agency;
(3) with respect to hospitals and clinics containing
radiological sources that receive security upgrades, give high
priority to those determined to be the highest risk;
(4) accelerate efforts to remove as many radioisotope
thermoelectric generators (RTGs) in the Russian Federation as
practicable;
(5) develop a long-term sustainability plan for security
upgrades that includes, among other things, future resources
required to implement such a plan; and
(6) develop a long-term operational plan that ensures
sufficient funding for the IRTR program and ensures sufficient
funding to identify, recover, and secure all vulnerable high-risk
radiological sources worldwide as quickly and effectively as
possible.

SEC. 3128. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND
MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM.

Not later than 120 days after the date of the enactment of this
Act, the Secretary of Energy shall submit to Congress a specific plan
for strengthening and expanding the Department of Energy Materials
Protection, Control, and Accounting (MPC&A) program. The plan shall
address concerns raised and recommendations made by the Government
Accountability Office in its report of February 2007, titled ``Progress
Made in Improving Security at Russian Nuclear Sites, but the Long-Term
Sustainability of U.S. Funded Security Upgrades is Uncertain'', and
shall specifically include actions to--
(1) strengthen program management and the effectiveness of the
Department's efforts to improve security at weapons-usable nuclear
material and warhead sites in the Russian Federation and other
countries by--
(A) revising the metrics used to measure MPC&A program
progress to better reflect the level of security upgrade
completion at buildings reported as ``secure'';
(B) actively working with other countries, in coordination
with the Secretary of State, to develop an appropriate access
plan for each country; and
(C) developing a management information system to track the
Department's progress in providing Russia with a sustainable
MPC&A system by 2013; and
(2) develop a long-term operational plan that ensures
sufficient funding for the MPC&A program, including for National
Programs and Sustainability, and ensures sufficient funding to
secure all weapons-usable nuclear material and warhead sites as
quickly and effectively as possible.

SEC. 3129. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS CAPABILITIES.

(a) International Agreements.--
(1) In general.--Title XLIII of the Atomic Energy Defense Act
(50 U.S.C. 2561 et seq.) is amended by adding at the end the
following:

``SEC. 4307. INTERNATIONAL AGREEMENTS ON NUCLEAR WEAPONS DATA.

``SEC. 4308. INTERNATIONAL AGREEMENTS ON INFORMATION ON RADIOACTIVE
MATERIALS.

``The Secretary of Energy may, with the concurrence of the
Secretary of State and in coordination with the Secretary of Defense,
the Secretary of Homeland Security, and the Director of National
Intelligence, enter into agreements with countries or international
organizations--
``(1) to acquire for the materials information program of the
Department of Energy validated information on the physical
characteristics of radioactive material produced, used, or stored
at various locations, in order to facilitate the ability to
determine accurately and in a timely manner the source of any
components of, or fissile material used or attempted to be used in,
a nuclear device or weapon; and
``(2) to obtain access to information described in paragraph
(1) in the event of--
``(A) a nuclear detonation; or
``(B) the interdiction or discovery of a nuclear device or
weapon or nuclear material.''.
(2) Clerical amendment.--The table of contents at the beginning
of such Act is amended by inserting after the item relating to
section 4306A the following:
``Sec. 4307. International agreements on nuclear weapons data.
``Sec. 4308. International agreements on information on radioactive
materials.''.

(b) Report on Agreements.--Not later than one year after the date
of the enactment of this Act, the Secretary of Energy shall, in
coordination with the Secretary of State, submit to Congress a report
identifying--
(1) the countries or international organizations with which the
Secretary has sought to make agreements pursuant to sections 4307
and 4308 of the Atomic Energy Defense Act, as added by subsection
(a);
(2) any countries or international organizations with which
such agreements have been finalized and the measures included in
such agreements; and
(3) any major obstacles to completing such agreements with
other countries and international organizations.
(c) Report on Standards and Capabilities.--Not later than 180 days
after the date of the enactment of this Act, the President shall submit
to Congress a report--
(1) setting forth standards and procedures to be used in
determining accurately and in a timely manner any country or group
that knowingly or negligently provides to another country or
group--
(A) a nuclear device or weapon;
(B) a major component of a nuclear device or weapon; or
(C) fissile material that could be used in a nuclear device
or weapon;
(2) assessing the capability of the United States to collect
and analyze nuclear material or debris in a manner consistent with
the standards and procedures described in paragraph (1); and
(3) including a plan and proposed funding for rectifying any
shortfalls in the nuclear forensics capabilities of the United
States by September 30, 2010.

SEC. 3130. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT INITIATIVES TO
ACCELERATE THE REDUCTION OF ENVIRONMENTAL RISKS AND
CHALLENGES POSED BY THE LEGACY OF THE COLD WAR.

(a) In General.--Not later than September 30, 2008, the Secretary
of Energy shall submit to the congressional defense committees and the
Comptroller General of the United States a report on the status of the
environmental management initiatives undertaken to accelerate the
reduction of the environmental risks and challenges that, as a result
of the legacy of the Cold War, are faced by the Department of Energy,
contractors of the Department, and applicable Federal and State
agencies with regulatory jurisdiction.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A discussion and assessment of the progress made in
reducing the environmental risks and challenges described in
subsection (a) in each of the following areas:
(A) Acquisition strategy and contract management.
(B) Regulatory agreements.
(C) Interim storage and final disposal of high-level waste,
spent nuclear fuel, transuranic waste, and low-level waste.
(D) Closure and transfer of environmental remediation
sites.
(E) Achievements in innovation by contractors of the
Department with respect to accelerated risk reduction and
cleanup.
(F) Consolidation of special nuclear materials and
improvements in safeguards and security.
(2) An assessment of whether legislative changes or
clarifications would improve or accelerate environmental management
activities.
(3) A listing of the major mandatory milestones and commitments
by site, by type of agreement, and by year to the extent that they
are currently defined, together with a summary of the major
mandatory milestones by site that are projected to be missed or are
in jeopardy of being missed, with categories to explain the reason
for non-compliance.
(4) An estimate of the life cycle cost of the current scope of
the environmental management program as of October 1, 2007, by
project baseline summary and summarized by site, including
assumptions impacting cost projections and descriptions of the work
to be done at each site.
(5) For environmental cleanup liabilities and excess facilities
projected to be transferred to the environmental management
program, a description of the process for nomination and acceptance
of new work scope into the program, a listing of pending
nominations, and life cycle cost estimates and schedules to address
them.
(c) Review by Comptroller General.--Not later than March 30, 2009,
the Comptroller General shall submit to the congressional defense
committees a report containing a review of the report required by
subsection (a).

Subtitle D--Nuclear Terrorism Prevention

SEC. 3131. DEFINITIONS.

In this subtitle:
(1) The term ``Convention on the Physical Protection of Nuclear
Material'' means the Convention on the Physical Protection of
Nuclear Material, signed at New York and Vienna March 3, 1980.
(2) The term ``formula quantities of strategic special nuclear
material'' means uranium-235 (contained in uranium enriched to 20
percent or more in the U-235 isotope), uranium-233, or plutonium in
any combination in a total quantity of 5,000 grams or more computed
by the formula, grams = (grams contained U-235) + 2.5 (grams U-233
+ grams plutonium), as set forth in the definitions of ``formula
quantity'' and ``strategic special nuclear material'' in section
73.2 of title 10, Code of Federal Regulations.
(3) The term ``Nuclear Non-Proliferation Treaty'' means the
Treaty on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into force
March 5, 1970 (21 UST 483).
(4) The term ``nuclear weapon'' means any device utilizing
atomic energy, exclusive of the means for transporting or
propelling the device (where such means is a separable and
divisible part of the device), the principal purpose of which is
for use as, or for the development of, a weapon, a weapon
prototype, or a weapon test device.

SEC. 3132. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR TERRORISM.

It is the sense of Congress that--
(1) the President should make the prevention of a nuclear
terrorist attack on the United States a high priority;
(2) the President should accelerate programs, requesting
additional funding as appropriate, to prevent nuclear terrorism,
including combating nuclear smuggling, securing and accounting for
nuclear weapons, and eliminating, removing, or securing and
accounting for formula quantities of strategic special nuclear
material wherever such quantities may be;
(3) the United States, together with the international
community, should take a comprehensive approach to reducing the
danger of nuclear terrorism, including by making additional efforts
to identify and eliminate terrorist groups that aim to acquire
nuclear weapons, to ensure that nuclear weapons worldwide are
secure and accounted for and that formula quantities of strategic
special nuclear material worldwide are eliminated, removed, or
secure and accounted for to a degree sufficient to defeat the
threat that terrorists and criminals have shown they can pose, and
to increase the ability to find and stop terrorist efforts to
manufacture nuclear explosives or to transport nuclear explosives
and materials anywhere in the world;
(4) within such a comprehensive approach, a high priority must
be placed on ensuring that all nuclear weapons worldwide are secure
and accounted for and that all formula quantities of strategic
special nuclear material worldwide are eliminated, removed, or
secure and accounted for; and
(5) the International Atomic Energy Agency should be funded
appropriately to fulfill its role in coordinating international
efforts to protect nuclear material and to combat nuclear
smuggling.

SEC. 3133. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND FORMULA
QUANTITIES OF STRATEGIC SPECIAL NUCLEAR MATERIAL.

(a) Policy.--It is the policy of the United States to work with the
international community to take all possible steps to ensure that all
nuclear weapons around the world are secure and accounted for and that
all formula quantities of strategic special nuclear material are
eliminated, removed, or secure and accounted for to a level sufficient
to defeat the threats posed by terrorists and criminals.
(b) International Nuclear Security Standard.--It is the sense of
Congress that, in furtherance of the policy described in subsection
(a), and consistent with the requirement for ``appropriate effective''
physical protection contained in United Nations Security Council
Resolution 1540 (2004), as well as the Nuclear Non-Proliferation Treaty
and the Convention on the Physical Protection of Nuclear Material, the
President, in consultation with relevant Federal departments and
agencies, should seek the broadest possible international agreement on
a global standard for nuclear security that--
(1) ensures that nuclear weapons and formula quantities of
strategic special nuclear material are secure and accounted for to
a sufficient level to defeat the threats posed by terrorists and
criminals;
(2) takes into account the limitations of equipment and human
performance; and
(3) includes steps to provide confidence that the needed
measures have in fact been implemented.
(c) International Efforts.--It is the sense of Congress that, in
furtherance of the policy described in subsection (a), the President,
in consultation with relevant Federal departments and agencies,
should--
(1) work with other countries and the International Atomic
Energy Agency to assist as appropriate, and if necessary work to
convince, the governments of any and all countries in possession of
nuclear weapons or formula quantities of strategic special nuclear
material to ensure that security is upgraded to meet the standard
described in subsection (b) as rapidly as possible and in a manner
that--
(A) accounts for the nature of the terrorist and criminal
threat in each such country; and
(B) ensures that any measures to which the United States
and any such country agree are sustained after United States
and other international assistance ends;
(2) ensure that United States financial and technical
assistance is available, as appropriate, to countries for which the
provision of such assistance would accelerate the implementation
of, or improve the effectiveness of, such security upgrades; and
(3) work with the governments of other countries to ensure that
effective nuclear security rules, accompanied by effective
regulation and enforcement, are put in place to govern all nuclear
weapons and formula quantities of strategic special nuclear
material around the world.

SEC. 3134. ANNUAL REPORT.

(a) In General.--Not later than September 1 of each year through
2012, the President, in consultation with relevant Federal departments
and agencies, shall submit to Congress a report on the security of
nuclear weapons and related equipment and formula quantities of
strategic special nuclear material outside of the United States.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A section on the programs for the security and accounting
of nuclear weapons and the elimination, removal, and security and
accounting of formula quantities of strategic special nuclear
material, established under section 3132(b) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C.
2569(b)), which shall include the following:
(A) A survey of the facilities and sites worldwide that
contain nuclear weapons or related equipment, or formula
quantities of strategic special nuclear material.
(B) A list of such facilities and sites determined to be of
the highest priority for security and accounting of nuclear
weapons and related equipment, or the elimination, removal, or
security and accounting of formula quantities of strategic
special nuclear material, taking into account risk of theft
from such facilities and sites, and organized by level of
priority.
(C) A prioritized plan, including measurable milestones,
metrics, estimated timetables, and estimated costs of
implementation, on the following:
(i) The security and accounting of nuclear weapons and
related equipment and the elimination, removal, or security
and accounting of formula quantities of strategic special
nuclear material at such facilities and sites worldwide.
(ii) Ensuring that security upgrades and accounting
reforms implemented at such facilities and sites worldwide,
using the financial and technical assistance of the United
States, are effectively sustained after such assistance
ends.
(iii) The role that international agencies and the
international community have committed to play, together
with a plan for securing international contributions.
(D) An assessment of the progress made in implementing the
plan described in subparagraph (C), including a description of
the efforts of foreign governments to secure and account for
nuclear weapons and related equipment and to eliminate, remove,
or secure and account for formula quantities of strategic
special nuclear material.
(2) A section on efforts to establish and implement the
international nuclear security standard described in section
3133(b) and related policies.
(c) Form.--The report may be submitted in classified form but shall
include a detailed unclassified summary.

TITLE XXXII--WAR-RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION
AUTHORIZATIONS

Sec. 3201. Additional war-related authorization of appropriations for
National Nuclear Security Administration.

SEC. 3201. ADDITIONAL WAR-RELATED AUTHORIZATION OF APPROPRIATIONS FOR
NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2008 to the Department of Energy for the National Nuclear
Security Administration for defense nuclear nonproliferation in the
amount of $50,000,000, of which $30,000,000 is for the International
Nuclear Materials Protection and Cooperation program and $20,000,000 is
for the Global Threat Reduction Initiative.
(b) Treatment as Additional Authorization.--The amounts authorized
to be appropriated by this section are in addition to amounts otherwise
authorized to be appropriated by this Act.

TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3301. Authorization.

SEC. 3301. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2008,
$22,499,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.
Sec. 3402. Remedial action at Moab uranium milling site.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $17,301,000 for fiscal year 2008 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.

SEC. 3402. REMEDIAL ACTION AT MOAB URANIUM MILLING SITE.

Section 3405(i) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10 U.S.C.
7420 note) is amended by adding at the end the following new paragraph:
``(6)(A) Not later than October 1, 2019, the Secretary of Energy
shall complete remediation at the Moab site and removal of the tailings
to the Crescent Junction site in Utah.
``(B) In the event the Secretary of Energy is unable to complete
remediation at the Moab Site by October 1, 2019, the Secretary shall
submit to Congress a plan setting forth the projected completion date
and the estimated funding to meet the revised date. The Secretary
shall submit the plan, if required, to Congress not later than October
2, 2019.''.

TITLE XXXV--MARITIME ADMINISTRATION

Subtitle A--Maritime Administration Reauthorization

Sec. 3501. Authorization of appropriations for fiscal year 2008.
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to
Navy for disposal.
Sec. 3503. Vessel disposal program.

Subtitle B--Programs

Subtitle C--Technical Corrections

Subtitle A--Maritime Administration Reauthorization

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008.

Funds are hereby authorized to be appropriated for fiscal year
2008, to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation
for the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $124,303,000, of which--
(A) $63,958,000 shall remain available until expended for
expenses and capital improvements at the United States Merchant
Marine Academy; and
(B) $11,500,000 which shall remain available until expended
for maintenance and repair of school ships at the State
Maritime Academies.
(2) For expenses to maintain and preserve a United States-flag
merchant fleet to serve the national security needs of the United
States under chapter 531 of title 46, United States Code,
$156,000,000.
(3) For paying reimbursement under section 3517 of the Maritime
Security Act of 2003 (46 U.S.C. 53101 note), $19,500,000.
(4) For assistance to small shipyards and maritime communities
under section 54101 of title 46, United States Code, $25,000,000.
(5) For expenses to dispose of obsolete vessels in the National
Defense Reserve Fleet, including provision of assistance under
section 7 of Public Law 92-402, $20,000,000.
(6) For the cost (as defined in section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C 661a(5)) of loan guarantees
under the program authorized by chapter 537 of title 46, United
States Code, $30,000,000.
(7) For administrative expenses related to the implementation
of the loan guarantee program under chapter 537 of title 46, United
States Code, administrative expenses related to implementation of
the reimbursement program under section 3517 of the Maritime
Security Act of 2003 (46 U.S.C. 53101 note), and administrative
expenses related to the implementation of the small shipyards and
maritime communities assistance program under section 54101 of
title 46, United States Code, $6,000,000.

SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBATANT VESSELS
TO NAVY FOR DISPOSAL.

The Secretary of Transportation shall, subject to the availability
of appropriations and consistent with section 1535 of title 31, United
States Code, popularly known as the Economy Act, transfer to the
Secretary of the Navy during fiscal year 2008 for disposal by the Navy,
no fewer than 3 combatant vessels in the nonretention fleet of the
Maritime Administration that are acceptable to the Secretary of the
Navy.

SEC. 3503. VESSEL DISPOSAL PROGRAM.

(a) In General.--Within 30 days after the date of the enactment of
this Act, the Secretary of Transportation shall convene a working group
to review and make recommendations on best practices for the storage
and disposal of obsolete vessels owned or operated by the Federal
Government. The Secretary shall invite senior representatives from the
Maritime Administration, the Coast Guard, the Environmental Protection
Agency, the National Oceanic and Atmospheric Administration, and the
United States Navy to participate in the working group. The Secretary
may request the participation of senior representatives of any other
Federal department or agency, as appropriate, and may also request
participation from concerned State environmental agencies.
(b) Scope.--Among the vessels to be considered by the working group
are Federally owned or operated vessels that are--
(1) to be scrapped or recycled;
(2) to be used as artificial reefs; or
(3) to be used for the Navy's SINKEX program.
(c) Purpose.--The working group shall--
(1) examine current storage and disposal policies, procedures,
and practices for obsolete vessels owned or operated by Federal
agencies;
(2) examine Federal and State laws and regulations governing
such policies, procedures, and practices and any applicable
environmental laws; and
(3) within 90 days after the date of enactment of the Act,
submit a plan to the Committee on Armed Services and the Committee
on Commerce, Science and Transportation of the Senate and the
Committee on Armed Services of the House of Representatives to
improve and harmonize practices for storage and disposal of such
vessels, including the interim transportation of such vessels.
(d) Contents of Plan.--The working group shall include in the plan
submitted under subsection (c)(3)--
(1) a description of existing measures for the storage,
disposal, and interim transportation of obsolete vessels owned or
operated by Federal agencies in compliance with Federal and State
environmental laws in a manner that protects the environment;
(2) a description of Federal and State laws and regulations
governing the current policies, procedures, and practices for the
storage, disposal, and interim transportation of such vessels;
(3) recommendations for environmental best practices that meet
or exceed, and harmonize, the requirements of Federal environmental
laws and regulations applicable to the storage, disposal, and
interim transportation of such vessels;
(4) recommendations for environmental best practices that meet
or exceed the requirements of State laws and regulations applicable
to the storage, disposal, and interim transportation of such
vessels;
(5) procedures for the identification and remediation of any
environmental impacts caused by the storage, disposal, and interim
transportation of such vessels; and
(6) recommendations for necessary steps, including regulations
if appropriate, to ensure that best environmental practices apply
to all such vessels.
(e) Implementation of Plan.--
(1) In general.--As soon as practicable after the date of
enactment of the Act, the head of each Federal department or agency
participating in the working group, in consultation with the other
Federal departments and agencies participating in the working
group, shall take such action as may be necessary, including the
promulgation of regulations, under existing authorities to ensure
that the implementation of the plan provides for compliance with
all Federal and State laws and for the protection of the
environment in the storage, interim transportation, and disposal of
obsolete vessels owned or operated by Federal agencies.
(2) Armed services vessels.--The Secretary and the Secretary of
Defense, in consultation with the Administrator of the
Environmental Protection Agency, shall each ensure that
environmental best practices are observed with respect to the
storage, disposal, and interim transportation of obsolete vessels
owned or operated by the Department of Defense.
(f) Rule of Construction.--Nothing in this section shall be
construed to supersede, limit, modify, or otherwise affect any other
provision of law, including environmental law.

Subtitle B--Programs

SEC. 3511. COMMERCIAL VESSEL CHARTERING AUTHORITY.

(a) In General.--Subchapter III of chapter 575 of title 46, United
States Code, is amended by adding at the end the following:

``Sec. 57533. Vessel chartering authority

``The Secretary of Transportation may enter into contracts or other
agreements on behalf of the United States to purchase, charter,
operate, or otherwise acquire the use of any vessels documented under
chapter 121 of this title and any other related real or personal
property. The Secretary is authorized to use this authority as the
Secretary deems appropriate.''.
(b) Conforming Amendment.--The chapter analysis for chapter 575 of
such title is amended by adding at the end the following:
``57533. Vessel chartering authority''.

SEC. 3512. MARITIME ADMINISTRATION VESSEL CHARTERING AUTHORITY.

Section 50303 of title 46, United States Code, is amended by--
(1) inserting ``vessels,'' after ``piers,''; and
(2) by striking ``control;'' in subsection (a)(1) and inserting
``control, except that the prior consent of the Secretary of
Defense for such use shall be required with respect to any vessel
in the Ready Reserve Force or in the National Defense Reserve Fleet
which is maintained in a retention status for the Department of
Defense;''.

SEC. 3513. CHARTERING TO STATE AND LOCAL GOVERNMENTAL
INSTRUMENTALITIES.

Section 11(b) of the Merchant Ship Sales Act of 1946 (50 U.S.C.
App. 1744(b)), is amended--
(1) by striking ``or'' after the semicolon in paragraph (3);
(2) by striking ``Defense.'' in paragraph (4) and inserting
``Defense; or''; and
(3) by adding at the end thereof the following:
``(5) on a reimbursable basis, for charter to the government of
any State, locality, or Territory of the United States, except that
the prior consent of the Secretary of Defense for such use shall be
required with respect to any vessel in the Ready Reserve Force or
in the National Defense Reserve Fleet which is maintained in a
retention status for the Department of Defense.''.

SEC. 3514. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS.

Section 6(c)(1) of the National Maritime Heritage Act of 1994 (16
U.S.C. 5405(c)(1)) is amended--
(1) by inserting ``(either by sale or purchase of disposal
services)'' after ``shall dispose''; and
(2) by striking subparagraph (A) of paragraph (1) and inserting
the following:
``(A) in accordance with a priority system for disposing of
vessels, as determined by the Secretary, which shall include
provisions requiring the Maritime Administration to--
``(i) dispose of all deteriorated high priority ships
that are available for disposal, within 12 months of their
designation as such; and
``(ii) give priority to the disposition of those
vessels that pose the most significant danger to the
environment or cost the most to maintain;''.

SEC. 3515. VESSEL TRANSFER AUTHORITY.

Section 50304 of title 46, United States Code, is amended by adding
at the end thereof the following:
``(d) Vessel Charters to Other Departments.--On a reimbursable or
nonreimbursable basis, as determined by the Secretary of
Transportation, the Secretary may charter or otherwise make available a
vessel under the jurisdiction of the Secretary to any other department,
upon the request by the Secretary of the Department that receives the
vessel. The prior consent of the Secretary of Defense for such use
shall be required with respect to any vessel in the Ready Reserve Force
or in the National Defense Reserve Fleet which is maintained in a
retention status for the Department of Defense.''.

SEC. 3516. SEA TRIALS FOR READY RESERVE FORCE.

Section 11(c)(1)(B) of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744(c)(1)(B)) is amended to read as follows:
``(B) activate and conduct sea trials on each vessel at
least once every 30 months;''.

SEC. 3517. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES.

(a) Findings.--The Congress makes the following findings:
(1) The maritime loan guarantee program was established by the
Congress through the Merchant Marine Act, 1936 to encourage
domestic shipbuilding by making available federally backed loan
guarantees for new construction to ship owners and operators.
(2) The maritime loan guarantee program has a long and
successful history of ship construction with a low historical
default rate.
(3) The current process for review of applications for maritime
loans in the Department of Transportation has effectively
discontinued the program as envisioned by the Congress.
(4) The President has requested no funding for the loan
guarantee program despite the stated national policy to foster the
development and encourage the maintenance of a merchant marine in
section 50101 of title 46, United States Code.
(5) United States commercial shipyards were placed at a
competitive disadvantage in the world shipbuilding market by
government subsidized foreign commercial shipyards.
(6) The maritime loan guarantee program has the potential to
modernize shipyards and the ships of the United States coastwise
trade and restore a competitive position in the world shipbuilding
market for United States shipyards.
(7) The maritime loan guarantee program is a useful tool to
encourage domestic shipbuilding, preserving a vital industrial
capacity critical to the security of the United States.
(b) Requirements.--
(1) In general.--Within 180 days after the date of enactment of
this Act, the Administrator of the Maritime Administration shall
develop and implement a comprehensive plan for the review of
applications for loan guarantees under chapter 537 of title 46,
United States Code.
(2) Deadline for action on application.--
(A) Traditional applications.--In the comprehensive plan
the Administrator will ensure that within the 90-day period
following receipt of all pertinent documentation required for
review of a traditional loan application, the application shall
be either accepted or rejected.
(B) Nontraditional applications.--In the comprehensive plan
the Administrator will ensure that within the 180-day period
following receipt of all pertinent documentation required for
review of a nontraditional loan application, the application
shall be either accepted or rejected.
(c) Submission to Congress.--The Administrator shall submit a copy
of the comprehensive plan to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed Services of the
House of Representatives within 180 days after the date of enactment of
this Act.
(d) Definitions.--In this section:
(1) Traditional application.--The term ``traditional
application'' means an application for a loan, guarantee, or
commitment to guarantee submitted pursuant to chapter 537 of title
46, United States Code, that involves a market, technology, and
financial structure of a type that has proven successful in
previous applications and does not present an unreasonable risk to
the United States, as determined by the Administrator of the
Maritime Administration.
(2) Nontraditional application.--The term ``nontraditional
application'' means an application for a loan, guarantee, or
commitment to guarantee submitted pursuant to chapter 537 of title
46, United States Code, that is not a traditional application, as
determined by the Administrator of the Maritime Administration.

Subtitle C--Technical Corrections

SEC. 3521. PERSONAL INJURY TO OR DEATH OF SEAMEN.

(a) Amendment.--Section 30104 of title 46, United States Code, is
amended--
(1) by striking ``(a) Cause of Action.--''; and
(2) by repealing subsection (b).
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of Public Law 109-304.

SEC. 3522. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 109-163.

(a) Amendments.--Title 46, United States Code, is amended as
follows:
(1) Section 53701 is amended by--
(A) redesignating paragraphs (2) through (13) as paragraphs
(3) through (14), respectively;
(B) inserting after paragraph (1) the following:
``(2) Administrator.--The term `Administrator' means the
Administrator of the Maritime Administration.''; and
(C) striking paragraph (13) (as redesignated) and inserting
the following:
``(13) Secretary.--The term `Secretary' means the Secretary of
Commerce with respect to fishing vessels and fishery facilities.''.
(2) Section 53706(c) is amended to read as follows:
``(c) Priorities for Certain Vessels.--
``(1) Vessels.--In guaranteeing or making a commitment to
guarantee an obligation under this chapter, the Administrator shall
give priority to--
``(A) a vessel that is otherwise eligible for a guarantee
and is constructed with assistance under subtitle D of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note); and
``(B) after applying subparagraph (A), a vessel that is
otherwise eligible for a guarantee and that the Secretary of
Defense determines--
``(i) is suitable for service as a naval auxiliary in
time of war or national emergency; and
``(ii) meets a shortfall in sealift capacity or
capability.
``(2) Time for determination.--The Secretary of Defense shall
determine whether a vessel satisfies paragraph (1)(B) not later
than 30 days after receipt of a request from the Administrator for
such a determination.''.
(3) Section 53707 is amended--
(A) by inserting ``or Administrator'' in subsections (a)
and (d) after ``Secretary'' each place it appears;
(B) by striking ``Secretary of Transportation'' in
subsection (b) and inserting ``Administrator'';
(C) by striking ``of Commerce'' in subsection (c); and
(D) in subsection (d)(2), by--
(i) inserting ``if the Secretary or Administrator
considers necessary,'' before ``the waiver''; and
(ii) striking ``the increased'' and inserting ``any
significant increase in''.
(4) Section 53708 is amended--
(A) by striking ``Secretary of Transportation'' in the
heading of subsection (a) and inserting ``Administrator'';
(B) by striking ``Secretary'' and ``Secretary of
Transportation'' each place they appear in subsection (a) and
inserting ``Administrator'';
(C) by striking ``of Commerce'' in the heading of
subsection (b);
(D) by striking ``of Commerce'' in subsections (b) and (c);
(E) in subsection (d), by--
(i) inserting ``or Administrator'' after ``Secretary''
the first place it appears; and
(ii) striking ``financial structures, or other risk
factors identified by the Secretary. Any independent
analysis conducted under this subsection shall be performed
by a party chosen by the Secretary.'' and inserting ``or
financial structures. A third party independent analysis
conducted under this subsection shall be performed by a
private sector expert in assessing such risk factors who is
selected by the Secretary or Administrator.''; and
(F) in subsection (e), by--
(i) inserting ``or Administrator'' after ``Secretary''
the first place it appears; and
(ii) striking ``financial structures, or other risk
factors identified by the Secretary'' and inserting ``or
financial structures''.
(5) Section 53710(b)(1) is amended by striking ``Secretary's''
and inserting ``Administrator's''.
(6) Section 53712(b) is amended by striking the last sentence
and inserting ``If the Secretary or Administrator has waived a
requirement under section 53707(d) of this title, the loan
agreement shall include requirements for additional payments,
collateral, or equity contributions to meet the waived requirement
upon the occurrence of verifiable conditions indicating that the
obligor's financial condition enables the obligor to meet the
waived requirement.''.
(7) Subsections (c) and (d) of section 53717 are each amended--
(A) by striking ``of Commerce'' in the subsection heading;
and
(B) by striking ``of Commerce'' each place it appears.
(8) Section 53732(e)(2) is amended by inserting ``of Defense''
after ``Secretary'' the second place it appears.
(9) The following provisions are amended by striking
``Secretary'' and ``Secretary of Transportation'' and inserting
``Administrator'':
(A) Section 53710(b)(2)(A)(i).
(B) Section 53717(b) each place it appears in a heading and
in text.
(C) Section 53718.
(D) Section 53731 each place it appears, except where
``Secretary'' is followed by ``of Energy''.
(E) Section 53732 (as amended by paragraph (8)) each place
it appears, except where ``Secretary'' is followed by ``of the
Treasury'', ``of State'', or ``of Defense''.
(F) Section 53733 each place it appears.
(10) The following provisions are amended by inserting ``or
Administrator'' after ``Secretary'' each place it appears in
headings and text, except where ``Secretary'' is followed by ``of
Transportation'' or ``of the Treasury'':
(A) The items relating to sections 53722 and 53723 in the
chapter analysis for chapter 537.
(B) Sections 53701(1), (4), and (9) (as redesignated by
paragraph (1)(A)), 53702(a), 53703, 53704, 53706(a)(3)(B)(iii),
53709(a)(1), (b)(1) and (2)(A), and (d), 53710(a) and (c),
53711, 53712 (except in the last sentence of subsection (b) as
amended by paragraph (6)), 53713 to 53716, 53721 to 53725, and
53734.
(11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 53722(a)(1)
and (b)(1)(B), and 53724(b) are amended by inserting ``or
Administrator's'' after ``Secretary's''.
(b) Repeal of Superseded Amendments.--Section 3507 (except
subsection (c)(4)) of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163) is repealed.

SEC. 3523. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109-163.

(a) Amendments.--Title 46, United States Code, is amended as
follows:
(1) Chapters 513 and 515 are amended by striking ``Naval
Reserve'' each place it appears in analyses, headings, and text and
inserting ``Navy Reserve''.
(2) Section 51504(f) is amended to read as follows:
``(f) Fuel Costs.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall pay to each State maritime
academy the costs of fuel used by a vessel provided under this
section while used for training.
``(2) Maximum amounts.--The amount of the payment to a State
maritime academy under paragraph (1) may not exceed--
``(A) $100,000 for fiscal year 2006;
``(B) $200,000 for fiscal year 2007; and
``(C) $300,000 for fiscal year 2008 and each fiscal year
thereafter.''.
(3) Section 51505(b)(2)(B) is amended by striking ``$200,000''
and inserting ``$300,000 for fiscal year 2006, $400,000 for fiscal
year 2007, and $500,000 for fiscal year 2008 and each fiscal year
thereafter''.
(4) Section 51701(a) is amended by striking ``of the United
States.'' and inserting ``of the United States and to perform
functions to assist the United States merchant marine, as
determined necessary by the Secretary.''.
(5)(A) Section 51907 is amended to read as follows:

``Sec. 51907. Provision of decorations, medals, and replacements

``The Secretary of Transportation may provide--
``(1) the decorations and medals authorized by this chapter and
replacements for those decorations and medals; and
``(2) replacements for decorations and medals issued under a
prior law.''.
(B) The item relating to section 51907 in the chapter analysis
for chapter 519 is amended to read as follows:
``51907. Provision of decorations, medals, and replacements''.

(6)(A) The following new chapter is inserted after chapter 539:

``CHAPTER 541--MISCELLANEOUS

``Sec
``54101. Assistance for small shipyards and maritime communities''.

(B) Section 3506 of the National Defense Authorization Act for
Fiscal Year 2006 (46 U.S.C. 53101 note) is transferred to and
redesignated as section 54101 of title 46, United States Code, to
appear at the end of chapter 541 of title 46, as inserted by
subparagraph (A).
(C) The heading of such section, as transferred by subparagraph
(B), is amended to read as follows:

``Sec. 54101. Assistance for small shipyards and maritime
communities''.

(D) Paragraph (1) of subsection (h) of such section, as
transferred by subparagraph (B), is amended by striking ``(15
U.S.C. 632);'' and inserting ``(15 U.S.C. 632));''.
(E) The table of chapters at the beginning of subtitle V is
amended by inserting after the item relating to chapter 539 the
following new item:

``541. Miscellaneous......................................

54101''.

(b) Repeal of Superseded Amendments.--Sections 515(g)(2), 3502,
3509, and 3510 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163) are repealed.

SEC. 3524. AMENDMENTS BASED ON PUBLIC LAW 109-171.

(a) Amendments.--Section 60301 of title 46, United States Code, is
amended--
(1) by striking ``2 cents per ton (but not more than a total of
10 cents per ton per year)'' in subsection (a) and inserting ``4.5
cents per ton, not to exceed a total of 22.5 cents per ton per
year, for fiscal years 2006 through 2010, and 2 cents per ton, not
to exceed a total of 10 cents per ton per year, for each fiscal
year thereafter,''; and
(2) by striking ``6 cents per ton (but not more than a total of
30 cents per ton per year)'' in subsection (b) and inserting ``13.5
cents per ton, not to exceed a total of 67.5 cents per ton per
year, for fiscal years 2006 through 2010, and 6 cents per ton, not
to exceed a total of 30 cents per ton per year, for each fiscal
year thereafter,''.
(b) Repeal of Superseded Amendments.--Section 4001 of the Deficit
Reduction Act of 2005 (Public Law 109-171) is repealed.

SEC. 3525. AMENDMENTS BASED ON PUBLIC LAW 109-241.

(a) Amendments.--Title 46, United States Code, is amended as
follows:
(1) Section 12111 is amended by adding at the end the
following:
``(d) Activities Involving Mobile Offshore Drilling Units.--
``(1) In general.--Only a vessel for which a certificate of
documentation with a registry endorsement is issued may engage in--
``(A) the setting, relocation, or recovery of the anchors
or other mooring equipment of a mobile offshore drilling unit
that is located over the outer Continental Shelf (as defined in
section 2(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(a))); or
``(B) the transportation of merchandise or personnel to or
from a point in the United States from or to a mobile offshore
drilling unit located over the outer Continental Shelf that is
not attached to the seabed.
``(2) Coastwise trade not authorized.--Nothing in paragraph (1)
authorizes the employment in the coastwise trade of a vessel that
does not meet the requirements of section 12112 of this title.''.
(2) Section 12139(a) is amended by striking ``and charterers''
and inserting ``charterers, and mortgagees''.
(3) Section 51307 is amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking ``organizations.'' in paragraph (3) and
inserting ``organizations; and''; and
(C) by adding at the end the following:
``(4) on any other vessel considered by the Secretary to be
necessary or appropriate or in the national interest.''.
(4) Section 55105(b)(3) is amended by striking ``Secretary of
the department in which the Coast Guard is operating'' and
inserting ``Secretary of Homeland Security''.
(5) Section 70306(a) is amended by striking ``Not later than
February 28 of each year, the Secretary shall submit a report'' and
inserting ``The Secretary shall submit an annual report''.
(6) Section 70502(d)(2) is amended to read as follows:
``(2) Response to claim of registry.--The response of a foreign
nation to a claim of registry under paragraph (1)(A) or (C) may be
made by radio, telephone, or similar oral or electronic means, and
is proved conclusively by certification of the Secretary of State
or the Secretary's designee.''.
(b) Repeal of Superseded Amendments.--Sections 303, 307, 308, 310,
901(q), and 902(o) of the Coast Guard and Maritime Transportation Act
of 2006 (Public Law 109-241) are repealed.

SEC. 3526. AMENDMENTS BASED ON PUBLIC LAW 109-364.

(a) Updating of Cross References.--Section 1017(b)(2) of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364, 10 U.S.C. 2631 note) is amended by striking ``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)'' and inserting ``sections 12112, 50501, and 55102
of title 46, United States Code''.
(b) Section 51306(e).--
(1) In general.--Section 51306 of title 46, United States Code,
is amended by adding at the end the following:
``(e) Alternative Service.--
``(1) Service as commissioned officer.--An individual who, for
the 5-year period following graduation from the Academy, serves as
a commissioned officer on active duty in an armed force of the
United States or as a commissioned officer of the National Oceanic
and Atmospheric Administration or the Public Health Service shall
be excused from the requirements of paragraphs (3) through (5) of
subsection (a).
``(2) Modification or waiver.--The Secretary may modify or
waive any of the terms and conditions set forth in subsection (a)
through the imposition of alternative service requirements.''.
(2) Application.--Section 51306(e) of title 46, United States
Code, as added by paragraph (1), applies only to an individual who
enrolls as a cadet at the United States Merchant Marine Academy,
and signs an agreement under section 51306(a) of title 46, after
October 17, 2006.
(c) Section 51306(f).--
(1) In general.--Section 51306 of title 46, United States Code,
is further amended by adding at the end the following:
``(f) Service Obligation Performance Reporting Requirement.--
``(1) In general.--Subject to any otherwise applicable
restrictions on disclosure in section 552a of title 5, the
Secretary of Defense, the Secretary of the department in which the
Coast Guard is operating, the Administrator of the National Oceanic
and Atmospheric Administration, and the Surgeon General of the
Public Health Service--
``(A) shall report the status of obligated service of an
individual graduate of the Academy upon request of the
Secretary; and
``(B) may, in their discretion, notify the Secretary of any
failure of the graduate to perform the graduate's duties,
either on active duty or in the Ready Reserve component of
their respective service, or as a commissioned officer of the
National Oceanic and Atmospheric Administration or the Public
Health Service, respectively.
``(2) Information to be provided.--A report or notice under
paragraph (1) shall identify any graduate determined to have failed
to comply with service obligation requirements and provide all
required information as to why such graduate failed to comply.
``(3) Considered as in default.--Upon receipt of such a report
or notice, such graduate may be considered to be in default of the
graduate's service obligations by the Secretary, and subject to all
remedies the Secretary may have with respect to such a default.''.
(2) Application.--Section 51306(f) of title 46, United States
Code, as added by paragraph (1), does not apply with respect to an
agreement entered into under section 51306(a) of title 46, United
States Code, before October 17, 2006.
(d) Section 51509(c).--Section 51509(c) of title 46, United States
Code, is amended--
(1) by striking ``Midshipman and'' in the subsection heading
and ``midshipman and'' in the text; and
(2) inserting ``or the Coast Guard Reserve'' after
``Reserve)''.
(e) Section 51908(a).--Section 51908(a) of title 46, United States
Code, is amended by striking ``under this chapter'' and inserting ``by
this chapter or the Secretary of Transportation''.
(f) Section 53105(e)(2).--Section 53105(e)(2) of title 46, United
States Code, is amended by striking ``section 2 of the Shipping Act,
1916 (46 U.S.C. App. 802),'' and inserting ``section 50501 of this
title''.
(g) Repeal of Superseded Amendments.--Sections 3505, 3506, 3508,
and 3510(a) and (b) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364) are repealed.

SEC. 3527. MISCELLANEOUS AMENDMENTS.

(a) Deletion of Obsolete Reference to Canton Island.--Section
55101(b) of title 46, United States Code, is amended--
(1) by inserting ``or'' after the semicolon at the end of
paragraph (2);
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(b) Improvement of Heading.--Title 46, United States Code, is
amended as follows:
(1) The heading of section 55110 is amended by inserting
``valueless material or'' before ``dredged material''.
(2) The item for section 55110 in the analysis for chapter 551
is amended by inserting ``valueless material or'' before ``dredged
material''.

SEC. 3528. APPLICATION OF SUNSET PROVISION TO CODIFIED PROVISION.

For purposes of section 303 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 (Public Law 108-27, 26 U.S.C. 1 note), the
amendment made by section 301(a)(2)(E) of that Act shall be deemed to
have been made to section 53511(f)(2) of title 46, United States Code.

SEC. 3529. ADDITIONAL TECHNICAL CORRECTIONS.

(a) Amendments to Title 46.--Title 46, United States Code, is
amended as follows:
(1) The analysis for chapter 21 is amended by striking the item
relating to section 2108.
(2) Section 12113(g) is amended by inserting ``and'' after
``Conservation''.
(3) Section 12131 is amended by striking ``commmand'' and
inserting ``command''.
(b) Amendments to Public Law 109-304.--
(1) Amendments.--Public Law 109-304 is amended as follows:
(A) Section 15(10) is amended by striking ``46 App.
U.S.C.'' and inserting ``46 U.S.C. App.''.
(B) Section 15(30) is amended by striking ``Shipping Act,
1936'' and inserting ``Shipping Act, 1916''.
(C) The schedule of Statutes at Large repealed in section
19, as it relates to the Act of June 29, 1936, is amended by--
(i) striking the second section ``1111'' (relating to
46 U.S.C. App. 1279f) and inserting section ``1113''; and
(ii) striking the second section ``1112'' (relating to
46 U.S.C. App. 1279g) and inserting section ``1114''.
(2) Effective date.--The amendments made by paragraph (1) shall
be effective as if included in the enactment of Public Law 109-304.
(c) Repeal of Duplicative or Unexecutable Amendments.--
(1) Repeal.--Sections 9(a), 15(21) and (33)(A) through (D)(i),
and 16(c)(2) of Public Law 109-304 are repealed.
(2) Intended effect.--The provisions repealed by paragraph (1)
shall be treated as if never enacted.
(d) Large Passenger Vessel Crew Requirements.--Section
8103(k)(3)(C)(iv) of title 46, United States Code, is amended by
inserting ``and section 252 of the Immigration and Nationality Act (8
U.S.C. 1282)'' after ``of such section''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.