[Congressional Record Volume 153, Number 149 (Wednesday, October 3, 2007)]
[Senate]
[Pages S12562-S12691]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008

  On Monday, October 1, 2007, the Senate passed H.R. 1585, as amended, 
as follows:

                               H.R. 1585

         Resolved, That the bill from the House of Representatives 
     (H.R. 1585) entitled ``An Act to authorize appropriations for 
     fiscal year 2008 for military activities of the Department of 
     Defense, for military construction, and for defense 
     activities of the Department of Energy, to prescribe military 
     personnel strengths for such fiscal year, and for other 
     purposes.'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Defense 
     Authorization Act for Fiscal Year 2008''.

     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.
       (4) Division D--Veteran Small Businesses.
       (5) Division E--Maritime Administration.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title.
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. Rapid Acquisition Fund.

                       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. Stryker Mobile Gun System.
Sec. 114. Consolidation of Joint Network Node program and Warfighter 
              Information Network-Tactical program into single Army 
              tactical network program.
Sec. 115. General Fund Enterprise Business System.

                       Subtitle C--Navy Programs

Sec. 131. Multiyear procurement authority for Virginia class submarine 
              program.
Sec. 132. Littoral Combat Ship (LCS) program.
Sec. 133. Advanced procurement for Virginia class submarine program.

                     Subtitle D--Air Force Programs

Sec. 141. Limitation on retirement of C-130E/H tactical airlift 
              aircraft.
Sec. 142. Limitation on retirement of KC-135E aerial refueling 
              aircraft.
Sec. 143. Sense of Congress on the procurement program for the KC-X 
              tanker aircraft.
Sec. 144. Transfer to Government of Iraq of three C-130E tactical 
              airlift aircraft.
Sec. 145. Modification of limitations on retirement of B-52 bomber 
              aircraft.
Sec. 146. Sense of Congress on the Air Force strategy for the 
              replacement of the aerial refueling tanker aircraft 
              fleet.
Sec. 147. Sense of Congress on rapid fielding of Associate Intermodal 
              Platform system and other innovative logistics systems.

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

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Advanced Sensor Applications Program.
Sec. 212. Active protection systems.
Sec. 213. Obligation and expenditure of funds for competitive 
              procurement of propulsion system for the Joint Strike 
              Fighter.
Sec. 214. Gulf War illnesses research.

                  Subtitle C--Missile Defense Programs

Sec. 231. Limitation on availability of funds for procurement, 
              construction, and deployment of missile defenses in 
              Europe.
Sec. 232. Limitation on availability of funds for deployment of missile 
              defense interceptors in Alaska.
Sec. 233. Budget and acquisition requirements for Missile Defense 
              Agency activities.
Sec. 234. Participation of Director, Operational Test and Evaluation, 
              in missile defense test and evaluation activities.
Sec. 235. Extension of Comptroller General assessments of ballistic 
              missile defense programs.

                       Subtitle D--Other Matters

Sec. 251. Modification of notice and wait requirement for obligation of 
              funds for foreign comparative test program.
Sec. 252. Modification of cost sharing requirement for Technology 
              Transition Initiative.
Sec. 253. Strategic plan for the Manufacturing Technology Program.
Sec. 254. Modification of authorities on coordination of Defense 
              Experimental Program to Stimulate Competitive Research 
              with similar Federal programs.
Sec. 255. Enhancement of defense nanotechnology research and 
              development program.
Sec. 256. Comptroller General assessment of the Defense Experimental 
              Program to Stimulate Competitive Research.
Sec. 257. Study and report on standard soldier patient tracking system.
Sec. 258. Cost-benefit analysis of proposed funding reduction for High 
              Energy Laser Systems Test Facility.

                  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.

    Subtitle C--Program Requirements, Restrictions, and Limitations

Sec. 321. Availability of funds in Defense Information Systems Agency 
              Working Capital Fund for technology upgrades to Defense 
              Information Systems Network.

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Sec. 322. Extension of temporary authority for contract performance of 
              security guard functions.
Sec. 323. Report on incremental cost of early 2007 enhanced deployment.
Sec. 324. Individual body armor.

                 Subtitle D--Workplace and Depot Issues

Sec. 341. Extension of authority for Army industrial facilities to 
              engage in cooperative activities with non-Army entities.
Sec. 342. Two-year extension of Arsenal Support Demonstration Program.
Sec. 343. Reports on National Guard readiness for domestic emergencies.
Sec. 344. Sense of Senate on the Air Force Logistics Centers.

                       Subtitle E--Other Matters

Sec. 351. Enhancement of corrosion control and prevention functions 
              within Department of Defense.
Sec. 352. Reimbursement for National Guard support provided to Federal 
              agencies.
Sec. 353. Reauthorization of Aviation Insurance Program.
Sec. 354. Property accountability and disposition of unlawfully 
              obtained property of the Armed Forces.
Sec. 355. Authority to impose reasonable conditions on the payment of 
              full replacement value for claims related to personal 
              property transported at Government expense.
Sec. 356. Authority for individuals to retain combat uniforms issued in 
              connection with contingency operations.
Sec. 357. Modification of requirements on Comptroller General report on 
              the readiness of Army and Marine Corps ground forces.
Sec. 358. Authority for Department of Defense to provide support for 
              certain sporting events.
Sec. 359. Department of Defense Inspector General report on physical 
              security of Department of Defense installations.
Sec. 360. Continuity of depot operations to reset combat equipment and 
              vehicles in support of wars in Iraq and Afghanistan.
Sec. 361. Report on search and rescue capabilities of Air Force in 
              northwestern United States.
Sec. 362. Report on High-Altitude Aviation Training Site, Colorado.
Sec. 363. Sense of Congress on future use of synthetic fuels in 
              military systems.
Sec. 364. Reports on safety measures and encroachment issues at Warren 
              Grove Gunnery Range, New Jersey.
Sec. 365. Modification to public-private competition requirements 
              before conversion to contractor performance.
Sec. 366. Bid Protests by Federal Employees in actions under Office of 
              Management Budget Circular A-76.
Sec. 367. Public-private competition required before conversion to 
              contractor performance.
Sec. 368. Performance of certain work by Federal Government employees.
Sec. 369. Restriction on Office of Management and Budget influence over 
              Department of Defense public-private competitions.
Sec. 370. Public-private competition at end of period specified in 
              performance agreement not required.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

                       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. Revision of authorized variances in end strengths for 
              Selected Reserve personnel.

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Increase in authorized strengths for Army officers on active 
              duty in the grade of major to meet force structure 
              requirements.
Sec. 502. Increase in authorized strengths for Navy officers on active 
              duty in grades of lieutenant commander, commander, and 
              captain to meet force structure requirements.
Sec. 503. Expansion of exclusion of military permanent professors from 
              strength limitations for officers below general and flag 
              grades.
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. Increase in authorized number of permanent professors at the 
              United States Military Academy.
Sec. 507. Expansion of authority for reenlistment of officers in their 
              former enlisted grade.
Sec. 508. Enhanced authority for reserve general and flag officers to 
              serve on active duty.
Sec. 509. Promotion of career military professors of the Navy.

                 Subtitle B--Enlisted Personnel Policy

Sec. 521. Increase in authorized daily average of number of members in 
              pay grade E-9.

                Subtitle C--Reserve Component Management

Sec. 531. Revised designation, structure, and functions of the Reserve 
              Forces Policy Board.
Sec. 532. Charter for the National Guard Bureau.
Sec. 533. Appointment, grade, duties, and retirement of the Chief of 
              the National Guard Bureau.
Sec. 534. Mandatory separation for years of service of Reserve officers 
              in the grade of lieutenant general or vice admiral.
Sec. 535. Increase in period of temporary Federal recognition as 
              officers of the National Guard from six to twelve months.
Sec. 536. Satisfaction of professional licensure and certification 
              requirements by members of the National Guard and Reserve 
              on active duty.

                   Subtitle D--Education and Training

Sec. 551. Grade and service credit of commissioned officers in 
              uniformed medical accession programs.
Sec. 552. Expansion of number of academies supportable in any State 
              under STARBASE program.
Sec. 553. Repeal of post-2007-2008 academic year prohibition on phased 
              increase in cadet strength limit at the United States 
              Military Academy.
Sec. 554. Treatment of Southold, Mattituck, and Greenport High Schools, 
              Southold, New York, as single institution for purposes of 
              maintaining a Junior Reserve Officers' Training Corps 
              unit.
Sec. 555. Authority of the Air University to confer additional academic 
              degrees.
Sec. 556. Nurse matters.
Sec. 557. Repeal of annual limit on number of ROTC scholarships under 
              Army Reserve and Army National Guard financial assistance 
              program.

           Subtitle E--Defense Dependents' Education Matters

Sec. 561. Continuation of authority to assist local educational 
              agencies that benefit dependents of members of the Armed 
              Forces and Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. 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. 564. Authority for payment of private boarding school tuition for 
              military dependents in overseas areas not served by 
              Department of Defense dependents' schools.
Sec. 565. Heavily impacted local educational agencies.
Sec. 566. Emergency assistance for local educational agencies enrolling 
              military dependent children.

       Subtitle F--Military Justice and Legal Assistance Matters

Sec. 571. Authority of judges of the United States Court of Appeals for 
              the Armed Forces to administer oaths.
Sec. 572. Military legal assistance for Department of Defense civilian 
              employees in areas without access to non-military legal 
              assistance.
Sec. 573. Modification of authorities on senior members of the Judge 
              Advocate Generals' corps.

                 Subtitle G--Military Family Readiness

Sec. 581. Department of Defense Military Family Readiness Council.
Sec. 582. Department of Defense policy and plans for military family 
              readiness.
Sec. 583. Family support for families of members of the Armed Forces 
              undergoing deployment, including National Guard and 
              Reserve personnel.
Sec. 584. Support services for children, infants, and toddlers of 
              members of the Armed Forces undergoing deployment, 
              including National Guard and Reserve personnel.
Sec. 585. Study on improving support services for children, infants, 
              and toddlers of members of the Active and Reserve 
              Components undergoing deployment.
Sec. 586. Study on establishment of pilot program on family-to-family 
              support for families of deployed members of the Active 
              and Reserve Components.
Sec. 587. Pilot program on military family readiness and servicemember 
              reintegration.

                       Subtitle H--Other Matters

Sec. 591. Enhancement of carryover of accumulated leave for members of 
              the Armed Forces.
Sec. 592. Uniform policy on performances by military bands.

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Sec. 593. Waiver of time limitations on award of Medals of Honor to 
              certain members of the Army.
Sec. 594. Enhancement of rest and recuperation leave.
Sec. 595. Demonstration projects on the provision of services to 
              military dependent children with autism.
Sec. 596. Enhancement of Certificate of Release or Discharge from 
              Active Duty.
Sec. 597. Administrative separations of members of the Armed Forces for 
              personality disorder.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2008 increase in military basic pay.
Sec. 602. Allowance for participation of Reserves in electronic 
              screening.
Sec. 603. Midmonth payment of basic pay for contributions of members 
              participating in Thrift Savings Plan.
Sec. 604. Payment of inactive duty training travel costs for certain 
              Selected Reserve members.
Sec. 605. 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.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonus and special pay authorities for 
              reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for 
              health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear 
              officers.
Sec. 614. Extension of authorities relating to payment of other bonuses 
              and special pays.
Sec. 615. Increase in incentive special pay and multiyear retention 
              bonus for medical officers of the Armed Forces.
Sec. 616. Increase in dental officer additional special pay.
Sec. 617. Enhancement of hardship duty pay.
Sec. 618. Inclusion of service as off-cycle crewmember of multi-crewed 
              ship in sea duty for career sea pay.
Sec. 619. Modification of reenlistment bonus for members of the 
              Selected Reserve.
Sec. 620. Increase in years of commissioned service covered by 
              agreements for nuclear-qualified officers extending 
              periods of active duty.
Sec. 621. Authority to waive 25-year active duty limit for retention 
              bonus for critical military skills with respect to 
              certain members.
Sec. 622. Codification and improvement of authority to pay bonus to 
              encourage members of the Army to refer other persons for 
              enlistment in the Army.
Sec. 623. Authority to pay bonus to encourage Department of Defense 
              personnel to refer other persons for appointment as 
              officers to serve in health professions.
Sec. 624. Accession bonus for participants in Armed Forces Health 
              Professions Scholarship and Financial Assistance program.

            Subtitle C--Travel and Transportation Allowances

Sec. 641. Payment of expenses of travel to the United States for 
              obstetrical purposes of dependents located in very remote 
              locations outside the United States.
Sec. 642. Payment of moving expenses for Junior Reserve Officers' 
              Training Corps instructors in hard-to-fill positions.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 651. Modification of scheme for payment of death gratuity payable 
              with respect to members of the Armed Forces.
Sec. 652. Annuities for guardians or caretakers of dependent children 
              under Survivor Benefit Plan.
Sec. 653. Expansion of combat-related special compensation eligibility 
              for chapter 61 military retirees.
Sec. 654. Clarification of application of retired pay multiplier 
              percentage to members of the uniformed services with over 
              30 years of service.
Sec. 655. 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. 656. Additional individuals eligible for transportation for 
              survivors of deceased members to attend the member's 
              burial ceremonies.
Sec. 657. Transportation of remains of deceased members of the Armed 
              Forces and certain other persons.
Sec. 658. Repeal of requirement of reduction of Survivor Benefit Plan 
              survivor annuities by dependency and indemnity 
              compensation.
Sec. 659. Effective date of paid-up coverage under Survivor Benefit 
              Plan.
Sec. 660. 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. 661. Computation of years of service for purposes of retired pay 
              for non-regular service.

                     Subtitle E--Education Benefits

Sec. 671. Tuition assistance for off-duty training or education.
Sec. 672. Expansion of Selected Reserve education loan repayment 
              program.
Sec. 673. Report on utilization of tuition assistance by members of the 
              Armed Forces.
Sec. 674. Enhancement of education benefits for certain members of 
              reserve components.
Sec. 675. Extension of period of entitlement to educational assistance 
              for certain members of the Selected Reserve affected by 
              force shaping initiatives.
Sec. 676. Modification of time limit for use of entitlement to 
              educational assistance for reserve component members 
              supporting contingency operations and other operations.

                       Subtitle F--Other Matters

Sec. 681. Enhancement of authorities on income replacement payments for 
              Reserves experiencing extended and frequent mobilization 
              for active-duty service.
Sec. 682. Overseas naturalization of military family members.
Sec. 683. National Guard yellow ribbon reintegration program.
Sec. 684. Flexibility in paying annuities to certain Federal retirees 
              who return to work.
Sec. 685. Plan for participation of members of the National Guard and 
              the Reserves in the benefits delivery at discharge 
              program.
Sec. 686. 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

Sec. 701. Inclusion of TRICARE retail pharmacy program in Federal 
              procurement of pharmaceuticals.
Sec. 702. Surveys on continued viability of TRICARE Standard and 
              TRICARE Extra.
Sec. 703. Report on patient satisfaction surveys.
Sec. 704. Review of licensed mental health counselors, social workers, 
              and marriage and family therapists under the TRICARE 
              program.
Sec. 705. Sense of Senate on collaborations between the Department of 
              Defense and the Department of Veterans Affairs on health 
              care for wounded warriors.
Sec. 706. Authority for expansion of persons eligible for continued 
              health benefits coverage.
Sec. 707. Continuation of eligibility for TRICARE Standard coverage for 
              certain members of the Selected Reserve.
Sec. 708. Authority for special reimbursement rates for mental health 
              care services under the TRICARE program.
Sec. 709. Implementation of recommendations of Department of Defense 
              Mental Health Task Force.
Sec. 710. Center of Excellence in Prevention, Diagnosis, Mitigation, 
              Treatment, and Rehabilitation of Military Eye Injuries.
Sec. 711. Report on establishment of a scholarship program for civilian 
              mental health professionals.
Sec. 712. Report on medical physical examinations of members of the 
              Armed Forces before their deployment.
Sec. 713. One-year extension of prohibition on increases in certain 
              health care costs for members of the uniformed services.
Sec. 714. Temporary prohibition on increase in copayments under retail 
              pharmacy system of pharmacy benefits program.
Sec. 715. Sense of Congress on fees and adjustments under the TRICARE 
              program.
Sec. 716. Continuation of transitional health benefits for members of 
              the Armed Forces pending resolution of service-related 
              medical conditions.

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

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Substantial savings under multiyear contracts.
Sec. 802. Changes to Milestone B certifications.
Sec. 803. Comptroller General report on Department of Defense 
              organization and structure for major defense acquisition 
              programs.
Sec. 804. Investment strategy for major defense acquisition programs.
Sec. 805. Report on implementation of recommendations on total 
              ownership cost for major weapon systems.

  Subtitle B--Amendments Relating to General Contracting Authorities, 
                      Procedures, and Limitations

Sec. 821. Enhanced competition requirements for task and delivery order 
              contracts.
Sec. 822. Clarification of rules regarding the procurement of 
              commercial items.

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Sec. 823. Clarification of rules regarding the procurement of 
              commercial services.
Sec. 824. Modification of competition requirements for purchases from 
              Federal Prison Industries.
Sec. 825. Five-year extension of authority to carry out certain 
              prototype projects.
Sec. 826. Multiyear procurement authority for electricity from 
              renewable energy sources.
Sec. 827. Procurement of fire resistant rayon fiber for the production 
              of uniforms from foreign sources.
Sec. 828. Prohibition on use of earmarks to award no bid contracts and 
              noncompetitive grants.

             Subtitle C--Acquisition Policy and Management

Sec. 841. Joint Requirements Oversight Council.
Sec. 842. Management structure for the procurement of contract 
              services.
Sec. 843. Specification of amounts requested for procurement of 
              contract services.
Sec. 844. Department of Defense Acquisition Workforce Development Fund.
Sec. 845. Inventories and reviews of contracts for services based on 
              cost or time of performance.
Sec. 846. Internal controls for procurements on behalf of the 
              Department of Defense by certain non-defense agencies.
Sec. 847. Independent management reviews of contracts for services.
Sec. 848. Implementation and enforcement of requirements applicable to 
              undefinitized contractual actions.

          Subtitle D--Department of Defense Contractor Matters

Sec. 861. Protection for contractor employees from reprisal for 
              disclosure of certain information.
Sec. 862. Requirements for defense contractors relating to certain 
              former Department of Defense officials.
Sec. 863. Report on contractor ethics programs of major defense 
              contractors.
Sec. 864. Report on Department of Defense contracting with contractors 
              or subcontractors employing members of the Selected 
              Reserve.
Sec. 865. Contingency contracting training for personnel outside the 
              acquisition workforce.

                       Subtitle E--Other Matters

Sec. 871. Contractors performing private security functions in areas of 
              combat operations.
Sec. 872. Enhanced authority to acquire products and services produced 
              in Iraq and Afghanistan.
Sec. 873. Defense Science Board review of Department of Defense 
              policies and procedures for the acquisition of 
              information technology.
Sec. 874. Enhancement and extension of acquisition authority for the 
              unified combatant command for joint warfighting 
              experimentation.
Sec. 875. Repeal of requirement for identification of essential 
              military items and military system essential item 
              breakout list.
Sec. 876. Green procurement policy.
Sec. 877. GAO review of use of authority under the Defense Production 
              Act of 1950.
Sec. 878. Transparency and accountability in military and security 
              contracting.
Sec. 879. Moab site and Crescent Junction site, Utah.

      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.
Sec. 902. Chief management officers of the Department of Defense.
Sec. 903. Modification of background requirement of individuals 
              appointed as Under Secretary of Defense for Acquisition, 
              Technology, and Logistics.
Sec. 904. Department of Defense Board of Actuaries.
Sec. 905. Assistant Secretaries of the military departments for 
              acquisition matters; principal military deputies.
Sec. 906. Flexible authority for number of Army Deputy Chiefs of Staff 
              and Assistant Chiefs of Staff.
Sec. 907. Sense of Congress on term of office of the Director of 
              Operational Test and Evaluation.

                       Subtitle B--Space Matters

Sec. 921. Space posture review.
Sec. 922. Additional report on oversight of acquisition for defense 
              space programs.

                       Subtitle C--Other Matters

Sec. 931. Department of Defense consideration of effect of climate 
              change on Department facilities, capabilities, and 
              missions.
Sec. 932. Board of Regents for the Uniformed Services University of the 
              Health Sciences.
Sec. 933. United States Military Cancer Institute.
Sec. 934. Western Hemisphere Center for Excellence in Human Rights.
Sec. 935. Inclusion of commanders of Western Hemisphere combatant 
              commands in Board of Visitors of Western Hemisphere 
              Institute for Security Cooperation.
Sec. 936. Comptroller General assessment of proposed reorganization of 
              the office of the Under Secretary of Defense for Policy.
Sec. 937. Physicians and health care professionals comparability 
              allowances.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional emergency supplemental 
              appropriations for fiscal year 2007.
Sec. 1003. Modification of fiscal year 2007 general transfer authority.
Sec. 1004. United States contribution to NATO common-funded budgets in 
              fiscal year 2008.
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.
Sec. 1007. Extension of period for transfer of funds to Foreign 
              Currency Fluctuations, Defense account.
Sec. 1008. Report on funding of the Department of Defense for health 
              care for any fiscal year in which the Armed Forces are 
              engaged in a major military conflict.

                  Subtitle B--Counter-Drug Activities

Sec. 1011. Expansion of Department of Defense authority to provide 
              support for counter-drug activities to certain additional 
              foreign governments.
Sec. 1012. Report on counternarcotics assistance for the Government of 
              Haiti.

         Subtitle C--Miscellaneous Authorities and Limitations

Sec. 1021. Enhancement of authority to pay rewards for assistance in 
              combating terrorism.
Sec. 1022. Repeal of modification of authorities relating to the use of 
              the Armed Forces in major public emergencies.
Sec. 1023. Hate crimes.
Sec. 1024. Comprehensive study and support for criminal investigations 
              and prosecutions by state and local law enforcement 
              officials.
Sec. 1025. Gift acceptance authority.
Sec. 1026. Expansion of cooperative agreement authority for management 
              of cultural resources.
Sec. 1027. Minimum annual purchase amounts for airlift from carriers 
              participating in the Civil Reserve Air Fleet.
Sec. 1028. Provision of Air Force support and services to foreign 
              military and state aircraft.
Sec. 1029. Participation in Strategic Airlift Capability Partnership.
Sec. 1030. Responsibility of the Air Force for fixed-wing support of 
              Army intra-theater logistics.
Sec. 1031. Prohibition on sale of parts for F-14 fighter aircraft.
Sec. 1032. Provision of contact information on separating members of 
              the Armed Forces to State veterans agencies.
Sec. 1033. Provisions relating to the removal of missiles from the 
              564th Missile Squadron.

                          Subtitle D--Reports

Sec. 1041. Renewal of submittal of plans for prompt global strike 
              capability.
Sec. 1042. Report on threats to the United States from ungoverned 
              areas.
Sec. 1043. Study on national security interagency system.
Sec. 1044. Annual report on cases reviewed by National Committee for 
              Employer Support of the Guard and Reserve.
Sec. 1045. Report on workforce required to support the nuclear missions 
              of the Navy and the Department of Energy.
Sec. 1046. Comptroller General report on Defense Finance and Accounting 
              Service response to Butterbaugh v. Department of Justice.
Sec. 1047. Report on facilities and operations of Darnall Army Medical 
              Center, Fort Hood Military Reservation, Texas.
Sec. 1048. Report on plans to replace the monument at the Tomb of the 
              Unknowns at Arlington National Cemetery, Virginia.
Sec. 1049. Report on size and mix of Air Force intertheater airlift 
              force.
Sec. 1050. Report and master infrastructure recapitalization plan 
              regarding Cheyenne Mountain Air Station, Colorado.

                       Subtitle E--Other Matters

Sec. 1061. Revised nuclear posture review.
Sec. 1062. Termination of Commission on the Implementation of the New 
              Strategic Posture of the United States.
Sec. 1063. Communications with the Committees on Armed Services of the 
              Senate and the House of Representatives.
Sec. 1064. Security clearances; limitations.
Sec. 1065. Improvements in the process for the issuance of security 
              clearances.
Sec. 1066. Advisory panel on Department of Defense capabilities for 
              support of civil authorities after certain incidents.
Sec. 1067. Sense of Congress on the Western Hemisphere Institute for 
              Security Cooperation.
Sec. 1068. Technical amendments to title 10, United States Code, 
              arising from enactment of the Intelligence Reform and 
              Terrorism Prevention Act of 2004.
Sec. 1069. Establishment of National Foreign Language Coordination 
              Council.

[[Page S12566]]

Sec. 1070. Qualifications for public aircraft status of aircraft under 
              contract with the Armed Forces.
Sec. 1071. Traumatic Servicemembers' Group Life Insurance.
Sec. 1072. Sense of Congress on family care plans and the deployment of 
              members of the Armed Forces who have minor dependents.
Sec. 1073. Conduct by members of the Armed Forces and veterans out of 
              uniform during hoisting, lowering, or passing of flag.
Sec. 1074. Extension of date of application of national security 
              personnel system to defense laboratories.
Sec. 1075. Protection of certain individuals.
Sec. 1076. Modification of authorities on Commission to Assess the 
              Threat to the United States from Electromagnetic Pulse 
              Attack.
Sec. 1077. Sense of Senate on Project Compassion.
Sec. 1078. Grant of Federal charter to Korean War Veterans Association, 
              Incorporated.
Sec. 1079. Sense of Senate on General David Petraeus.
Sec. 1080. Report on feasibility of housing a National Disaster 
              Response Center at Kelly Air Field, San Antonio, Texas.
Sec. 1081. Sense of Congress on equipment for the National Guard to 
              defend the homeland.
Sec. 1082. Notification of certain residents and civilian employees at 
              Camp Lejeune, North Carolina, of exposure to drinking 
              water contamination.
Sec. 1083. Sense of Senate on Air Force use of towbarless aircraft 
              ground equipment.
Sec. 1084. Designation of Charlie Norwood Department of Veterans 
              Affairs Medical Center.
Sec. 1085. Commercialization Pilot Program.
Sec. 1086. Report on solid rocket motor industrial base.
Sec. 1087. Justice for Marines and Other Victims of State-Sponsored 
              Terrorism Act.
Sec. 1088. Small high-tech firms.
Sec. 1089. Increased authority for repair, restoration, and 
              preservation of Lafayette Escadrille Memorial, Marnes-la-
              Coquette, France.
Sec. 1090. Retention of reimbursement for provision of reciprocal fire 
              protection services.
Sec. 1091. National Center for Human Performance.
Sec. 1092. Definition of alternative fueled vehicle.
Sec. 1093. Programs for use of leave by caregivers for family members 
              of individuals performing certain military service.
Sec. 1094. Pilot program on commercial fee-for-service air refueling 
              support for the Air Force.
Sec. 1095. Establishment of Joint Pathology Center.
Sec. 1096. Report on feasibility of establishing a Domestic Military 
              Aviation National Training Center.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Compensation of Federal wage system employees for certain 
              travel hours.
Sec. 1102. Retirement service credit for service as cadet or midshipman 
              at a military service academy.
Sec. 1103. Continuation of life insurance coverage for Federal 
              employees called to active duty.
Sec. 1104. Department of Defense National Security Personnel System.
Sec. 1105. Authority to waive limitation on premium pay for Federal 
              civilian employees working overseas under areas of United 
              States Central Command.
Sec. 1106. Authority for inclusion of certain Office of Defense 
              Research and Engineering positions in experimental 
              personnel program for scientific and technical personnel.
Sec. 1107. Repeal of authority for payment of uniform allowance to 
              civilian employees of the Department of Defense.
Sec. 1108. Authorization for increased compensation for faculty and 
              staff of the Uniformed Services University of the Health 
              Sciences.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Authority to equip and train foreign personnel to assist in 
              accounting for missing United States personnel.
Sec. 1202. Extension and enhancement of authority for security and 
              stabilization assistance.
Sec. 1203. Commanders' Emergency Response Program.
Sec. 1204. Government Accountability Office report on Global Peace 
              Operations Initiative.
Sec. 1205. Repeal of limitations on military assistance under the 
              American Servicemembers' Protection Act of 2002.

             Subtitle B--Other Authorities and Limitations

Sec. 1211. Cooperative opportunities documents under cooperative 
              research and development agreements with NATO 
              organizations and other allied and friendly foreign 
              countries.
Sec. 1212. Extension and expansion of temporary authority to use 
              acquisition and cross-servicing agreements to lend 
              military equipment for personnel protection and 
              survivability.
Sec. 1213. Acceptance of funds from the Government of Palau for costs 
              of military Civic Action Teams.
Sec. 1214. Extension of participation of the Department of Defense in 
              multinational military centers of excellence.
Sec. 1215. Limitation on assistance to the Government of Thailand.
Sec. 1216. Presidential report on policy objectives and United States 
              strategy regarding Iran.
Sec. 1217. Limitation on availability of certain funds pending 
              implementation of requirements regarding North Korea.
Sec. 1218. Policy of the United States on protection of the United 
              States and its allies against Iranian ballistic missiles.
Sec. 1219. Justice for Osama bin Laden and other leaders of al Qaeda.

                          Subtitle C--Reports

Sec. 1231. Reports on United States policy and military operations in 
              Afghanistan.
Sec. 1232. Strategy for enhancing security in Afghanistan by 
              eliminating safe havens for violent extremists in 
              Pakistan.
Sec. 1233. One-year extension of update on report on claims relating to 
              the bombing of the Labelle Discotheque.
Sec. 1234. Report on planning and implementation of United States 
              engagement and policy toward Darfur.
Sec. 1235. Report on the airfield in Abeche, Chad, and other resources 
              needed to provide stability in the Darfur region.
Sec. 1236. Inclusion of information on asymmetric capabilities in 
              annual report on military power of the People's Republic 
              of China.
Sec. 1237. Application of the Uniform Code of Military Justice to 
              military contractors during a time of war.
Sec. 1238. Report on family reunions between United States citizens and 
              their relatives in North Korea.
Sec. 1239. Reports on Prevention of Mass Atrocities.

  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. Modification of authority to use Cooperative Threat 
              Reduction funds outside the former Soviet Union.
Sec. 1305. Repeal of restrictions on assistance to states of the former 
              Soviet Union for cooperative threat reduction.
Sec. 1306. 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. 1405A. Additional amount for Drug Interdiction and Counter-Drug 
              Activities with respect to Afghanistan.
Sec. 1406. Defense Inspector General.
Sec. 1407. Reduction in certain authorizations due to savings from 
              lower inflation.

                 Subtitle B--National Defense Stockpile

Sec. 1411. Disposal of ferromanganese.
Sec. 1412. Disposal of chrome metal.
Sec. 1413. Modification of receipt objectives for previously authorized 
              disposals from the national defense stockpile.

                       Subtitle C--Civil Programs

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

             Subtitle D--Chemical Demilitarization Matters

Sec. 1431. Modification of termination requirement for Chemical 
              Demilitarization Citizens' Advisory Commissions.
Sec. 1432. Repeal of certain qualifications requirement for director of 
              chemical demilitarization management organization.
Sec. 1433. Sense of Congress on completion of destruction of United 
              States chemical weapons stockpile.
Sec. 1434. Modification of termination of assistance to State and local 
              governments after completion of the destruction of the 
              United States chemical weapons stockpile.

    TITLE XV--OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

   Subtitle A--Authorization of Additional War-Related Appropriations

Sec. 1501. Army procurement.
Sec. 1502. Navy and Marine Corps procurement.

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Sec. 1503. Air Force procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Research, development, test, and evaluation.
Sec. 1506. Operation and maintenance.
Sec. 1507. Military personnel.
Sec. 1508. Defense Health Program.
Sec. 1509. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1510. Joint Improvised Explosive Device Defeat Fund.
Sec. 1511. Iraq Security Forces Fund.
Sec. 1512. Afghanistan Security Forces Fund.
Sec. 1513. Iraq Freedom Fund.
Sec. 1514. Defense Working Capital Funds.
Sec. 1515. National Defense Sealift Fund.
Sec. 1516. Defense Inspector General.
Sec. 1517. Reports on mitigation of effects of explosively formed 
              projectiles and mines.

       Subtitle B--General Provisions Relating to Authorizations

Sec. 1521. Purpose.
Sec. 1522. Treatment as additional authorizations.
Sec. 1523. Special transfer authority.

                       Subtitle C--Other Matters

Sec. 1531. Limitation on availability of funds for certain purposes 
              relating to Iraq.
Sec. 1532. Reimbursement of certain coalition nations for support 
              provided to United States military operations.
Sec. 1533. Logistical support for coalition forces supporting 
              operations in Iraq and Afghanistan.
Sec. 1534. Competition for procurement of small arms supplied to Iraq 
              and Afghanistan.
Sec. 1535. Report on support from Iran for attacks against Coalition 
              Forces in Iraq.
Sec. 1536. Sense of the Senate on the consequences of a failed state in 
              Iraq.
Sec. 1537. Sense of Congress on federalism in Iraq.
Sec. 1538. Sense of Senate on Iran.
Sec. 1539. Study and investigation of wartime contracts and contracting 
              processes in Operation Iraqi Freedom and Operation 
              Enduring Freedom.
Sec. 1540. Modification of authorities related to the Office of the 
              Special Inspector General for Iraq Reconstruction.
Sec. 1541. Tracking and monitoring of defense articles provided to the 
              Government of Iraq and other individuals and groups in 
              Iraq.
Sec. 1542. Special Inspector General for Afghanistan Reconstruction.
Sec. 1543. Improvised explosive device protection for military 
              vehicles.
Sec. 1544. Sense of Congress on the capture of Osama bin Laden and the 
              al Qaeda leadership.

                    Subtitle D--Iraq Refugee Crisis

Sec. 1571. Short Title.
Sec. 1572. Processing Mechanisms.
Sec. 1573. United States Refugee Program Processing Priorities.
Sec. 1574. Special Immigrant Status for Certain Iraqis.
Sec. 1575. Minister Counselors for Iraqi Refugees and Internally 
              Displaced Persons.
Sec. 1576. Countries with Significant Populations of Displaced Iraqis.
Sec. 1577. Denial or Termination of Asylum.
Sec. 1578. Reports.
Sec. 1579. Authorization of Appropriations.

                   TITLE XVI--WOUNDED WARRIOR MATTERS

Sec. 1601. Short title.
Sec. 1602. General definitions.

       Subtitle A--Policy on Care, Management, and Transition of 
           Servicemembers With Serious Injuries or Illnesses

Sec. 1611. Comprehensive policy on care, management, and transition of 
              members of the Armed Forces with serious injuries or 
              illnesses.
Sec. 1612. Consideration of needs of women members of the Armed Forces 
              and veterans.

                        Subtitle B--Health Care

        Part I--Enhanced Availability of Care for Servicemembers

Sec. 1621. Medical care and other benefits for members and former 
              members of the Armed Forces with severe injuries or 
              illnesses.
Sec. 1622. Reimbursement of certain former members of the uniformed 
              services with service-connected disabilities for travel 
              for follow-on specialty care and related services.

               Part II--Care and Services for Dependents

Sec. 1626. Medical care and services and support services for families 
              of members of the Armed Forces recovering from serious 
              injuries or illnesses.
Sec. 1627. Extended benefits under TRICARE for primary caregivers of 
              members of the uniformed services who incur a serious 
              injury or illness on active duty.

  Part III--Traumatic Brain Injury and Post-traumatic Stress Disorder

Sec. 1631. Comprehensive plans on prevention, diagnosis, mitigation, 
              and treatment of traumatic brain injury and post-
              traumatic stress disorder in members of the Armed Forces.
Sec. 1632. Improvement of medical tracking system for members of the 
              Armed Forces deployed overseas.
Sec. 1633. Centers of excellence in the prevention, diagnosis, 
              mitigation, treatment, and rehabilitation of traumatic 
              brain injury and post-traumatic stress disorder.
Sec. 1634. Review of mental health services and treatment for female 
              members of the Armed Forces and veterans.
Sec. 1635. Funding for improved diagnosis, treatment, and 
              rehabilitation of members of the Armed Forces with 
              traumatic brain injury or post-traumatic stress disorder.
Sec. 1636. Reports.

                         Part IV--Other Matters

Sec. 1641. Joint electronic health record for the Department of Defense 
              and Department of Veterans Affairs.
Sec. 1642. 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. 1643. Personnel shortages in the mental health workforce of the 
              Department of Defense, including personnel in the mental 
              health workforce.

                     Subtitle C--Disability Matters

                     Part I--Disability Evaluations

Sec. 1651. Utilization of veterans' presumption of sound condition in 
              establishing eligibility of members of the Armed Forces 
              for retirement for disability.
Sec. 1652. Requirements and limitations on Department of Defense 
              determinations of disability with respect to members of 
              the Armed Forces.
Sec. 1653. Review of separation of members of the Armed Forces 
              separated from service with a disability rating of 20 
              percent disabled or less.
Sec. 1654. Pilot programs on revised and improved disability evaluation 
              system for members of the Armed Forces.
Sec. 1655. Reports on Army action plan in response to deficiencies in 
              the Army Physical Disability Evaluation System.

                   Part II--Other Disability Matters

Sec. 1661. Enhancement of disability severance pay for members of the 
              Armed Forces.
Sec. 1662. Electronic transfer from the Department of Defense to the 
              Department of Veterans Affairs of documents supporting 
              eligibility for benefits.
Sec. 1663. Assessments of temporary disability retired list.

         Subtitle D--Improvement of Facilities Housing Patients

Sec. 1671. Standards for military medical treatment facilities, 
              specialty medical care facilities, and military quarters 
              housing patients.
Sec. 1672. Reports on Army action plan in response to deficiencies 
              identified at Walter Reed Army Medical Center.
Sec. 1673. Construction of facilities required for the closure of 
              Walter Reed Army Medical Center, District of Columbia.

        Subtitle E--Outreach and Related Information on Benefits

Sec. 1681. Handbook for members of the Armed Forces on compensation and 
              benefits available for serious injuries and illnesses.

                       Subtitle F--Other Matters

Sec. 1691. 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.

                      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 severe 
              traumatic brain injury.
Sec. 1705. Pilot program on assisted living services for veterans with 
              traumatic brain injury.
Sec. 1706. Research on traumatic brain injury.
Sec. 1707. Age-appropriate nursing home care.
Sec. 1708. Extension of period of eligibility for health care for 
              combat service in the Persian Gulf war or future 
              hostilities.
Sec. 1709. Mental health: service-connection status and evaluations for 
              certain veterans.
Sec. 1710. Modification of requirements for furnishing outpatient 
              dental services to veterans with a service-connected 
              dental condition or disability.

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Sec. 1711. Demonstration program on preventing veterans at-risk of 
              homelessness from becoming homeless.
Sec. 1712. Clarification of purpose of the outreach services program of 
              the Department of Veterans Affairs.

     TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS

Sec. 1801. Short title.
Sec. 1802. Expanded authority of Chief of the National Guard Bureau and 
              expanded functions of the National Guard Bureau.
Sec. 1803. Promotion of eligible reserve officers to lieutenant general 
              and vice admiral grades on the active-duty list.
Sec. 1804. Promotion of reserve officers to lieutenant general grade.
Sec. 1805. Requirement that position of Deputy Commander of the United 
              States northern command be filled by a qualified National 
              Guard officer.
Sec. 1806. Requirement for Secretary of Defense to prepare annual plan 
              for response to natural disasters and terrorist events.
Sec. 1807. Additional reporting requirements relating to National Guard 
              equipment.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

                            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. Modification of authority to carry out certain fiscal year 
              2006 project.
Sec. 2107. Extension of authorizations of certain fiscal year 2005 
              project.
Sec. 2108. Technical amendments to the Military Construction 
              Authorization Act for 2007.
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.

                         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 project.
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. Extension of authorizations of certain fiscal year 2005 
              projects.
Sec. 2406. Munitions demilitarization facilities, Blue Grass Army 
              Depot, Kentucky, and Pueblo Chemical Activity, Colorado.

   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, 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.
Sec. 2611. Relocation of units from Roberts United States Army Reserve 
              Center and Navy-Marine Corps Reserve Center, Baton Rouge, 
              Louisiana.

          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.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

      Subtitle A--Effective Date and Expiration of Authorizations

Sec. 2801. Effective Date.
Sec. 2802. Expiration of authorizations and amounts required to be 
              specified by law.

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

Sec. 2811. General military construction transfer authority.
Sec. 2812. Modifications of authority to lease military family housing.
Sec. 2813. Increase in thresholds for unspecified minor military 
              construction projects.
Sec. 2814. Modification and extension of temporary, limited authority 
              to use operation and maintenance funds for construction 
              projects outside the United States.
Sec. 2815. Temporary authority to support revitalization of Department 
              of Defense laboratories through unspecified minor 
              military construction projects.
Sec. 2816. Two-year extension of temporary program to use minor 
              military construction authority for construction of child 
              development centers.
Sec. 2817. Extension of authority to accept equalization payments for 
              facility exchanges.
Sec. 2818. Clarification of requirement for authorization of military 
              construction.

        Subtitle C--Real Property and Facilities Administration

Sec. 2831. Requirement to report transactions resulting in annual costs 
              of more than $750,000.
Sec. 2832. Modification of authority to lease non-excess property.
Sec. 2833. Enhanced flexibility to create or expand buffer zones.
Sec. 2834. Reports on Army and Marine Corps operational ranges.
Sec. 2835. Consolidation of real property provisions without 
              substantive change.

                Subtitle D--Base Closure and Realignment

Sec. 2841. Niagara Air Reserve Base, New York, basing report.
Sec. 2842. Comprehensive accounting of funding required to ensure 
              timely implementation of 2005 Defense Base Closure and 
              Realignment Commission recommendations.
Sec. 2843. Authority to relocate the Joint Spectrum Center to Fort 
              Meade, Maryland.

                      Subtitle E--Land Conveyances

Sec. 2851. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2852. Modification to land conveyance authority, Fort Bragg, North 
              Carolina.
Sec. 2853. Transfer of administrative jurisdiction, GSA property, 
              Springfield, Virginia.
Sec. 2854. Land conveyance, Lewis and Clark United States Army Reserve 
              Center, Bismarck, North Dakota.
Sec. 2855. Land exchange, Detroit, Michigan.
Sec. 2856. Transfer of jurisdiction, former Nike missile site, Grosse 
              Ile, Michigan.
Sec. 2857. Modification of lease of property, National Flight Academy 
              at the National Museum of Naval Aviation, Naval Air 
              Station, Pensacola, Florida.

                       Subtitle F--Other Matters

Sec. 2861. Report on condition of schools under jurisdiction of 
              Department of Defense Education Activity.
Sec. 2862. Modification of land management restrictions applicable to 
              Utah national defense lands.
Sec. 2863. Additional project in Rhode Island.

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Sec. 2864. Sense of Congress on Department of Defense actions to 
              address encroachment of military installations.
Sec. 2865. Report on water conservation projects.
Sec. 2866. Report on housing privatization initiatives.
Sec. 2867. Report on the Pinon Canyon Maneuver Site, Colorado.
Sec. 2868. Repeal of moratorium on improvements at Fort Buchanan, 
              Puerto Rico.

      TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2901. Authorized war-related Army construction and land 
              acquisition projects.
Sec. 2902. Authorization of war-related military construction 
              appropriations, Army.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Limitation on availability of funds for Fissile Materials 
              Disposition program.
Sec. 3113. Modification of limitations on availability of funds for 
              Waste Treatment and Immobilization Plant.

                       Subtitle C--Other Matters

Sec. 3121. Nuclear test readiness.
Sec. 3122. Sense of Congress on the nuclear non-proliferation policy of 
              the United States and the Reliable Replacement Warhead 
              program.
Sec. 3123. Report on status of environmental management initiatives to 
              accelerate the reduction of environmental risks and 
              challenges posed by the legacy of the Cold War.
Sec. 3124. Comptroller General report on Department of Energy 
              protective force management.
Sec. 3125. Technical amendments.

                Subtitle D--Nuclear Terrorism Prevention

Sec. 3131. Definitions.
Sec. 3132. Findings.
Sec. 3133. Sense of Congress on the prevention of nuclear terrorism.
Sec. 3134. Minimum security standard for nuclear weapons and formula 
              quantities of strategic special nuclear material.
Sec. 3135. Annual report.
Sec. 3136. Modification of reporting requirement.
Sec. 3137. Modification of sunset date of the Office of the Ombudsman 
              of the Energy Employees Occupational Illness Compensation 
              Program.
Sec. 3138. Evaluation of National Nuclear Security Administration 
              strategic plan for advanced computing.
Sec. 3139. Agreements and reports on nuclear forensics capabilities.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                  DIVISION D--VETERAN SMALL BUSINESSES

Sec. 4001. Short title.
Sec. 4002. Definitions.

                TITLE XLI--VETERANS BUSINESS DEVELOPMENT

Sec. 4101. Increased funding for the Office of Veterans Business 
              Development.
Sec. 4102. Interagency task force.
Sec. 4103. Permanent extension of SBA Advisory Committee on veterans 
              business affairs.

TITLE XLII--NATIONAL RESERVIST ENTERPRISE TRANSITION AND SUSTAINABILITY

Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. National guard and reserve business assistance.

                    TITLE XLIII--RESERVIST PROGRAMS

Sec. 4301. Reservist programs.
Sec. 4302. Reservist loans.
Sec. 4303. Noncollateralized loans.
Sec. 4304. Loan priority.
Sec. 4305. Relief from time limitations for veteran-owned small 
              businesses.
Sec. 4306. Service-disabled veterans.
Sec. 4307. Study on options for promoting positive working relations 
              between employers and their Reserve component employees.

                  DIVISION E--MARITIME ADMINISTRATION

Sec. 5001. Short title.

                           TITLE LI--GENERAL

Sec. 5101. Commercial vessel chartering authority.
Sec. 5102. Maritime Administration vessel chartering authority.
Sec. 5103. Chartering to state and local governmental 
              instrumentalities.
Sec. 5104. Disposal of obsolete government vessels.
Sec. 5105. Vessel transfer authority.
Sec. 5106. Sea trials for ready reserve force.
Sec. 5107. Review of applications for loans and guarantees.

                    TITLE LII--TECHNICAL CORRECTIONS

Sec. 5201. Statutory construction.
Sec. 5202. Personal injury to or death of seamen.
Sec. 5203. Amendments to chapter 537 based on Public Law 109-163.
Sec. 5204. Additional amendments based on Public Law 109-163.
Sec. 5205. Amendments based on Public Law 109-171.
Sec. 5206. Amendments based on Public Law 109-241.
Sec. 5207. Amendments based on Public Law 109-364.
Sec. 5208. Miscellaneous amendments.
Sec. 5209. Application of sunset provision to codified provision.
Sec. 5210. 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.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for procurement for the Army as follows:
       (1) For aircraft, $5,229,175,000.
       (2) For missiles, $2,178,102,000.
       (3) For weapons and tracked combat vehicles, 
     $7,546,684,000.
       (4) For ammunition, $2,228,976,000.
       (5) For other procurement, $15,013,155,000.

     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, $13,475,107,000.
       (2) For weapons, including missiles and torpedoes, 
     $3,078,387,000.
       (3) For shipbuilding and conversion, $13,605,638,000.
       (4) For other procurement, $5,432,412,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2008 for procurement for the 
     Marine Corps in the amount of $2,699,057,000.
       (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 $926,597,000.

     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, $12,593,813,000.
       (2) For ammunition, $868,917,000.
       (3) For missiles, $5,166,002,000.
       (4) For other procurement, $16,312,962,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for Defense-wide procurement in the amount of 
     $3,385,970,000.

     SEC. 105. RAPID ACQUISITION FUND.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for the Rapid Acquisition Fund in the amount of 
     $100,000,000.

                       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.

       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 M2A3/M3A3 Bradley fighting vehicle 
     upgrades.

     SEC. 113. 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).

     SEC. 114. CONSOLIDATION OF JOINT NETWORK NODE PROGRAM AND 
                   WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM 
                   INTO SINGLE ARMY TACTICAL NETWORK PROGRAM.

       (a) Consolidation Required.--The Secretary of the Army 
     shall consolidate the Joint Network

[[Page S12570]]

     Node program and the Warfighter Information Network-Tactical 
     program into a single Army tactical network program.
       (b) Report on Consolidation.--
       (1) Report required.--Not later than December 31, 2007, the 
     Secretary shall, with the concurrence of the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics and the 
     Assistant Secretary of Defense for Networks and Information 
     Integration, submit to the congressional defense committees a 
     report setting forth a plan to consolidate the Joint Network 
     Node program and the Warfighter Information Network-Tactical 
     program into a single Army tactical network program as 
     required by subsection (a).
       (2) Elements.--The report required by paragraph (1) shall 
     include with respect to the acquisition of the single Army 
     tactical network required by subsection (a) the following:
       (A) An analysis of how the systems specified in paragraph 
     (1) will be integrated, including--
       (i) an analysis of whether there are opportunities to 
     leverage technologies and equipment from the Warfighter 
     Information Network-Tactical program as part of the 
     continuing development and fielding of the Joint Network 
     Node; and
       (ii) an analysis of major technical challenges of 
     integrating the two programs.
       (B) A description of the extent to which components of the 
     systems could be used together as elements of a single Army 
     tactical network.
       (C) A description of the strategy of the Army for 
     completing the systems engineering necessary to ensure the 
     end-to-end interoperability of a single Army tactical network 
     as described in subsection (a).
       (D) An assessment of the costs of acquiring the systems.
       (E) An assessment of the technical compatibility of the 
     systems.
       (F) A description and assessment of the plans of the Army 
     relating to ownership of the technical data packages for the 
     systems, and an assessment of the capacity of the industrial 
     base to support Army needs.
       (G) A description of the plans and schedule of the Army for 
     fielding the systems, and a description of the associated 
     training schedule.
       (H) A description of the plans of the Army for sustaining 
     the single Army tactical network.
       (I) A description of the plans of the Army for the 
     insertion of new technology into the Joint Network Node.
       (J) A description of the major technical challenges of 
     integrating the two programs.
       (K) An assessment as to whether other programs should be 
     inserted into the single Army tactical network as required by 
     subsection (a).
       (L) An analysis of the interoperability requirements 
     between the Army tactical network and the Joint Network Node, 
     an assessment of the technological barriers to achievement of 
     such interoperability requirements, and a description of 
     formal mechanisms of coordination between the Army tactical 
     network and the Joint Network Node program.

     SEC. 115. GENERAL FUND ENTERPRISE BUSINESS SYSTEM.

       (a) Additional Amount.--
       (1) In general.--The amount authorized to be appropriated 
     by section 201(1) for research, development, test and 
     evaluation for the Army is hereby increased by $59,041,000.
       (2) Availability.--Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test and evaluation for the Army, as increased by paragraph 
     (1), $59,041,000 may be available for the General Fund 
     Enterprise Business System of the Army.
       (3) Supplement not supplant.--The amount available under 
     paragraph (2) for the purpose specified in that paragraph is 
     in addition to any other amounts available in this Act for 
     that purpose.
       (b) Offset.--
       (1) RDTE, army.--The amount authorized to be appropriated 
     by section 101(5) for other procurement for the Army is 
     hereby reduced by $29,219,000, with the amount of the 
     reduction to be allocated to amounts available for the 
     General Fund Enterprise Business System.
       (2) O&M, army.--The amount authorized to be appropriated by 
     section 301(1) for operation and maintenance for the Army is 
     hereby reduced by $29,822,000, with the amount of the 
     reduction to be allocated to amounts available for the 
     General Fund Enterprise Business System.

                       Subtitle C--Navy Programs

     SEC. 131. 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.
       (b) Limitation.--The Secretary of the Navy may not enter 
     into a contract authorized by subsection (a) until 30 days 
     after the date on which the Secretary submits to the 
     congressional defense committees a certification that the 
     Secretary has made each of the findings with respect to such 
     contract specified in subsection (a) of section 2306b of 
     title 10, United States Code.

     SEC. 132. LITTORAL COMBAT SHIP (LCS) PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) The plan of the Chief of Naval Operations to 
     recapitalize the United States Navy to at least 313 battle 
     force ships is essential for meeting the long-term 
     requirements of the National Military Strategy.
       (2) Fiscal challenges to the plan to build a 313-ship fleet 
     require that the Navy exercise discipline in determining 
     warfighter requirements and responsibility in estimating, 
     budgeting, and controlling costs.
       (3) The 55-ship Littoral Combat Ship (LCS) program is 
     central to the shipbuilding plan of the Navy. The inability 
     of the Navy to control requirements and costs on the two lead 
     ships of the Littoral Combat Ship program raises serious 
     concerns regarding the capacity of the Navy to affordably 
     build a 313-ship fleet.
       (4) According to information provided to Congress by the 
     Navy, the cost growth in the Littoral Combat Ship program was 
     attributable to several factors, most notably that--
       (A) the strategy adopted for the Littoral Combat Ship 
     program, a so-called ``concurrent design-build'' strategy, 
     was a high-risk strategy that did not account for that risk 
     in the cost and schedule for the lead ships in the program;
       (B) inadequate emphasis was placed on ``bid realism'' in 
     the evaluation of contract proposals under the program;
       (C) late incorporation of Naval Vessel Rules into the 
     program caused significant design delays and cost growth;
       (D) the Earned Value Management System of the contractor 
     under the program did not adequately measure shipyard 
     performance, and the Navy program organizations did not 
     independently assess cost performance;
       (E) the Littoral Combat Ship program organization was 
     understaffed and lacking in the experience and qualifications 
     required for a major defense acquisition program;
       (F) the Littoral Combat Ship program organization was aware 
     of the increasing costs of the Littoral Combat Ship program, 
     but did not communicate those cost increases directly to the 
     Assistant Secretary of the Navy in a time manner; and
       (G) the relationship between the Naval Sea Systems Command 
     and the program executive offices for the program was 
     dysfunctional.
       (b) Requirement.--In order to halt further cost growth in 
     the Littoral Combat Ship program, costs and government 
     liability under future contracts under the Littoral Combat 
     Ship program shall be limited as follows:
       (1) Limitation of costs.--The total amount obligated or 
     expended for the procurement costs of the fifth and sixth 
     vessels in the Littoral Combat Ship (LCS) class of vessels 
     shall not exceed $460,000,000 per vessel.
       (2) Procurement costs.--For purposes of paragraph (1), 
     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) Contract type.--The Navy shall employ a fixed-price 
     type contract for construction of the fifth and following 
     ships of the Littoral Combat Ship class of vessels.
       (4) Limitation of government liability.--The Navy shall not 
     enter into a contract, or modify a contract, for construction 
     of the fifth or sixth vessel of the Littoral Combat Ship 
     class of 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.
       (5) Adjustment of limitation amount.--The Secretary of the 
     Navy may adjust the amount set forth in paragraphs (1) and 
     (4) for either vessel referred to in such paragraph by the 
     following:
       (A) The amounts of increases or decreases in costs 
     attributable to compliance with changes in Federal, State, or 
     local laws enacted after September 30, 2007.
       (B) The amounts of outfitting costs and costs required to 
     complete post-delivery test and trials.
       (c) Repeal of Superseded Authority.--Section 124 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3157) is repealed.

     SEC. 133. ADVANCED PROCUREMENT FOR VIRGINIA CLASS SUBMARINE 
                   PROGRAM.

       Of the amount authorized to be appropriated by section 
     102(a)(3) for shipbuilding and conversion for the Navy, 
     $1,172,710,000 may be available for advanced procurement for 
     the Virginia class submarine program, of which--
       (1) $400,000,000 may be available for the procurement of a 
     second ship set of reactor components; and
       (2) $70,000,000 may be available for advanced procurement 
     of non-nuclear long lead time material in order to support a 
     reduced construction span for the boats in the next multiyear 
     procurement program.

                     Subtitle D--Air Force Programs

     SEC. 141. LIMITATION ON RETIREMENT OF C-130E/H TACTICAL 
                   AIRLIFT AIRCRAFT.

       (a) Limitation.--The Secretary of the Air Force may not 
     retire C-130E/H tactical airlift aircraft during fiscal year 
     2008.
       (b) Maintenance of Certain Retired Aircraft.--The Secretary 
     of the Air Force shall maintain each C-130E/H tactical 
     airlift aircraft retired during fiscal year 2007 in a 
     condition that will permit recall of such aircraft to future 
     service.

     SEC. 142. LIMITATION ON RETIREMENT OF KC-135E AERIAL 
                   REFUELING AIRCRAFT.

       The Secretary of the Air Force shall not retire any KC-135E 
     aerial refueling aircraft of the Air Force in fiscal year 
     2008 unless the Secretary provides written notification of 
     such retirement to the congressional defense committees in 
     accordance with established procedures.

     SEC. 143. SENSE OF CONGRESS ON THE PROCUREMENT PROGRAM FOR 
                   THE KC-X TANKER AIRCRAFT.

       (a) Findings.--Congress makes the following findings:
       (1) Aerial refueling is a critically important force 
     multiplier for the Air Force.
       (2) The KC-X tanker aircraft procurement program is the 
     number one acquisition and recapitalization priority of the 
     Air Force.

[[Page S12571]]

       (3) Given the competing budgetary requirements of the other 
     Armed Forces and other sectors of the Federal Government, the 
     Air Force needs to modernize at the most cost effective 
     price.
       (4) Competition in defense procurement provides the Armed 
     Forces with the best products at the best price.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Air Force should--
       (1) hold a full and open competition to choose the best 
     possible joint aerial refueling capability at the most 
     reasonable price; and
       (2) be discouraged from taking any actions that would limit 
     the ability of either of the teams seeking the contract for 
     the procurement of KC-X tanker aircraft from competing for 
     that contract.

     SEC. 144. TRANSFER TO GOVERNMENT OF IRAQ OF THREE C-130E 
                   TACTICAL AIRLIFT AIRCRAFT.

       The Secretary of the Air Force may transfer not more than 
     three 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. 145. MODIFICATION OF LIMITATIONS ON RETIREMENT OF B-52 
                   BOMBER AIRCRAFT.

       (a) Maintenance of Primary and Backup Inventory of 
     Aircraft.--Subsection (a)(1) 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 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):
       ``(C) shall maintain in a common configuration a primary 
     aircraft inventory of not less than 63 such aircraft and a 
     backup aircraft inventory of not less than 11 such 
     aircraft.''.
       (b) Notice of Retirement.--Subsection (b)(1) of such 
     section is amended by striking ``45 days'' and inserting ``60 
     days''.

     SEC. 146. SENSE OF CONGRESS ON THE AIR FORCE STRATEGY FOR THE 
                   REPLACEMENT OF THE AERIAL REFUELING TANKER 
                   AIRCRAFT FLEET.

       (a) Findings.--Congress makes the following findings:
       (1) A properly executed comprehensive strategy to replace 
     Air Force tankers will allow the United States military to 
     continue to project combat capability anywhere in the world 
     on short notice without relying on intermediate bases for 
     refueling.
       (2) With an average age of 45 years, it is estimated that 
     it will take over 30 years to replace the KC-135 aircraft 
     fleet with the funding currently in place.
       (3) In addition to the KC-X program of record, which 
     supports the tanker replacement strategy, the Air Force 
     should immediately pursue that part of the tanker replacement 
     strategy that would support, augment, or enhance the Air 
     Force air refueling mission, such as Fee-for-Service support 
     or modifications and upgrades to maintain the viability of 
     the KC-135 aircraft force structure as the Air Force 
     recapitalizes the tanker fleet.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the timely modernization of the Air Force aerial 
     refueling tanker fleet is a vital national security priority; 
     and
       (2) in furtherance of meeting this priority, the Secretary 
     of the Air Force has initiated, and Congress approves of, a 
     comprehensive strategy for replacing the aerial refueling 
     tanker aircraft fleet, which includes the following elements:
       (A) Replacement of the aging tanker aircraft fleet with 
     newer and improved capabilities under the KC-X program of 
     record which supports the tanker replacement strategy, 
     through the purchase of new commercial derivative aircraft.
       (B) Sustainment and extension of the legacy tanker aircraft 
     fleet until replacement through depot-type modifications and 
     upgrades of KC-135 aircraft and KC-10 aircraft.
       (C) Augmentation of the aerial refueling capability through 
     aerial refueling Fee-for-Service.

     SEC. 147. SENSE OF CONGRESS ON RAPID FIELDING OF ASSOCIATE 
                   INTERMODAL PLATFORM SYSTEM AND OTHER INNOVATIVE 
                   LOGISTICS SYSTEMS.

       (a) Findings.--Congress makes the following findings:
       (1) Use of the Associate Intermodal Platform (AIP) pallet 
     system, developed two years ago by the United States 
     Transportation Command, could save the United States as much 
     as $1,300,000 for every 1,000 pallets deployed.
       (2) The benefits of the usage of the Associate Intermodal 
     Platform pallet system include the following:
       (A) The Associate Intermodal Platform pallet system can be 
     used to transport cargo alone within current International 
     Standard of Organization containers and thereby provide 
     further savings in costs of transportation of cargo.
       (B) The Associate Intermodal Platform pallet system has 
     successfully passed rigorous testing by the United States 
     Transportation Command at various military installations in 
     the United States, at a Navy testing lab, and in the field in 
     Iraq, Kuwait, and Antarctica.
       (C) By all accounts the Associate Intermodal Platform 
     pallet system has performed well beyond expectations and is 
     ready for immediate production and deployment.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Department of Defense should--
       (1) rapidly field innovative logistic systems such as the 
     Associated Intermodal Platform pallet system; and
       (2) seek to fully procure innovative logistic systems such 
     as the Associate Intermodal Platform pallet system in future 
     budgets.

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

              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, $11,268,904,000.
       (2) For the Navy, $16,296,395,000.
       (3) For the Air Force, $25,581,989,000.
       (4) For Defense-wide activities, $21,511,739,000, 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, $11,204,784,000 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. ADVANCED SENSOR APPLICATIONS PROGRAM.

       (a) Transfer of Funds.--Of the amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation, Defense-wide activities, and made 
     available for the Foreign Material Acquisition and 
     Exploitation Program and for activities of the Office of 
     Special Technology, an aggregate of $20,000,000 shall be 
     transferred to the Advanced Sensor Applications Program not 
     later than 60 days after the date of the enactment of this 
     Act.
       (b) Reassignment of Program.--Beginning not later than 30 
     days after the date of the enactment of this Act, the 
     Advanced Sensor Applications Program shall be a program of 
     the Defense Threat Reduction Agency, managed by the Director 
     of the Defense Threat Reduction Agency, and shall be executed 
     by the Program Executive Officer for Aviation for the Navy 
     working for the Director of the Defense Threat Reduction 
     Agency.

     SEC. 212. ACTIVE PROTECTION SYSTEMS.

       (a) Comparative Tests Required.--
       (1) In general.--The Secretary of Defense shall undertake 
     comparative tests, including live-fire tests, of appropriate 
     foreign and domestic active protection systems in order--
       (A) to determine the effectiveness of such systems; 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.
       (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).

     SEC. 213. OBLIGATION AND EXPENDITURE OF FUNDS FOR COMPETITIVE 
                   PROCUREMENT OF PROPULSION SYSTEM FOR THE JOINT 
                   STRIKE FIGHTER.

       Within amount authorized to be appropriated for fiscal 
     years after fiscal year 2007 for procurement, and for 
     research, development, test, and evaluation, for the Joint 
     Strike Fighter Program, the Secretary of Defense shall ensure 
     the obligation and expenditure of sufficient amounts each 
     such fiscal year for the continued development and 
     procurement of two options for the propulsion system for the 
     Joint Strike Fighter in order to assure the competitive 
     development and eventual production for the propulsion system 
     for a Joint Strike Fighter aircraft, thereby giving a choice 
     of engine to the growing number of nations expressing 
     interest in procuring such aircraft.

     SEC. 214. GULF WAR ILLNESSES RESEARCH.

       (a) Funding.--
       (1) Additional amount.--Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation, Army $15,000,000, may be allocated to 
     Medical Advanced Technology (PE #0603002A) for the Army to 
     carry out, as part of its Congressionally

[[Page S12572]]

     Directed Medical Research Programs, a program for Gulf War 
     Illnesses Research.
       (b) Purpose.--The purpose of the program may be to develop 
     diagnostic markers and treatments for the complex of symptoms 
     commonly known as ``Gulf War Illnesses (GWI)'', including 
     widespread pain, cognitive impairment, and persistent fatigue 
     in conjunction with diverse other symptoms and abnormalities, 
     that are associated with service in the Southwest Asia 
     theater of operations in the early 1990s during the Persian 
     Gulf War.
       (c) Program Activities.--
       (1) Highest priority under the program shall be afforded to 
     pilot and observational studies of treatments for the complex 
     of symptoms described in subsection (b) and comprehensive 
     clinical trials of such treatments that have demonstrated 
     effectiveness in previous past pilot and observational 
     studies.
       (2) Secondary priority under the program may be afforded to 
     studies that identify objective markers for such complex of 
     symptoms and biological mechanisms underlying such complex of 
     symptoms that can lead to the identification and development 
     of such markers and treatments.
       (3) No study shall be funded under the program that is 
     based on psychiatric illness and psychological stress as the 
     central cause of such complex of symptoms (as is consistent 
     with current research findings).
       (d) Competitive Selection and Peer Review.--The program 
     shall be conducted using competitive selection and peer 
     review for the identification of activities having the most 
     substantial scientific merit, utilizing individuals with 
     recognized expertise in Gulf War illnesses in the design of 
     the solicitation and in the scientific and programmatic 
     review processes.

                  Subtitle C--Missile Defense Programs

     SEC. 231. 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) 45 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.
       (2) Issues to be assessed.--In carrying out the assessment 
     described in paragraph (1), the federally funded research and 
     development center selected under that paragraph shall 
     consider the following in connection with options for missile 
     defense in Europe:
       (A) The threat to Europe of ballistic missiles (including 
     short-range, medium-range, intermediate-range, and long-range 
     ballistic missiles) from Iran and from other nations (except 
     Russia), including the likelihood and timing of such threats.
       (B) The missile defense capabilities appropriate to meet 
     current, near-term, and mid-term ballistic missile threats 
     facing Europe during the period from 2008 through 2015.
       (C) Alternative options for defending the European 
     territory of members of the North Atlantic Treaty 
     Organization against the threats described in subparagraph 
     (B).
       (D) The utility and cost-effectiveness of providing 
     ballistic missile defense of the United States with a system 
     located in Europe, if warranted by the threat, when compared 
     with the provision of such defense through the deployment of 
     additional ballistic missile defense in the United States.
       (E) The views of European members of the North Atlantic 
     Treaty Organization on the desirability of ballistic missile 
     defenses for the European territory of such nations.
       (F) Potential opportunities for participation by the 
     Government of Russia in a European missile defense system.
       (3) Technologies to be considered.--In conducting the 
     assessment described in paragraph (1), the federally funded 
     research and development center selected under that paragraph 
     shall consider, but not be limited to, the following missile 
     defense technology options:
       (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) The proposed deployment of Ground-based Midcourse 
     Defense (GMD) system elements in Europe, consisting of the 
     proposed 2-stage Orbital Boost Vehicle interceptor, and the 
     proposed European Midcourse X-band radar.
       (F) Forward-Based X-band Transportable (FBX-T) radars.
       (G) Other non-United States, North Atlantic Treaty 
     Organization missile defense systems.
       (4) Factors to be considered.--In conducting the assessment 
     described in paragraph (1), the federally funded research and 
     development center selected under that paragraph shall 
     consider the following factors with respect to potential 
     ballistic missile defense options:
       (A) The missile defense needs of the European members of 
     the North Atlantic Treaty Organization, including forward 
     deployed United States forces, with respect to current, near-
     term, and mid-term ballistic missile threats.
       (B) Operational effectiveness.
       (C) Command and control arrangements.
       (D) Integration and interoperability with North Atlantic 
     Treaty Organization missile defenses.
       (E) Cost and affordability, including possible allied cost-
     sharing.
       (F) Cost-effectiveness.
       (G) The degree of coverage of the European territory of 
     members of the North Atlantic Treaty Organization.
       (5) Cooperation of other agencies.--The Secretary of 
     Defense, the Director of National Intelligence, and the heads 
     of other departments and agencies of the United States 
     Government shall provide the federally funded research and 
     development center selected under paragraph (1) such data, 
     analyses, briefings, and other information as the center 
     considers necessary to carry out the assessment described in 
     that paragraph.
       (6) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the federally funded 
     research and development center selected under paragraph (1) 
     shall submit to the Secretary of Defense and the 
     congressional defense committees a report on the results of 
     the assessment described in that paragraph, including any 
     findings and recommendations of the center as a result of the 
     assessment.
       (7) Form.--The report under paragraph (6) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (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).

     SEC. 232. 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. 233. 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 2008 
     (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) 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 System 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 each year 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

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     Defense System elements that, as of May 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. 234. 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 
     report promptly 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 conduct 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. 235. 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''.

                       Subtitle D--Other Matters

     SEC. 251. 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. 252. 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. 253. 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) Strategic Plan.--(1) The Secretary shall develop a 
     plan for the program which includes the following:
       ``(A) The overall manufacturing technology goals, 
     milestones, priorities, and investment strategy for the 
     program during the 5-fiscal year period beginning with the 
     first fiscal year commencing after the development of the 
     plan.
       ``(B) For each of the fiscal years under the period of the 
     plan, 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) The Secretary shall include the plan, and any update 
     of the plan under paragraph (3), in the budget justification 
     documents submitted in support of the budget of the 
     Department of Defense for the applicable fiscal year (as 
     included in the budget of the President submitted to Congress 
     under section 1105 of title 31).''.
       (b) Initial Development of Plan.--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.

     SEC. 254. 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. 255. 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 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 interagency coordination of the program with 
     other departments and agencies participating in the National 
     Nanotechnology Initiative, including providing appropriate 
     funds to support the National Nanotechnology Coordination 
     Office.''.
       (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) Activities.--Activities under the program shall 
     include the following:
       ``(1) The development of a strategic plan for defense 
     nanotechnology research and development that is integrated 
     with the strategic plan for the National Nanotechnology 
     Initiative.
       ``(2) The issuance on an annual basis of policy guidance to 
     the military departments and the Defense Agencies that--
       ``(A) establishes research priorities under the program;
       ``(B) provides for the determination and documentation of 
     the benefits to the Department of Defense of research under 
     the program; and
       ``(C) sets forth a clear strategy for transitioning the 
     research into products needed by the Department.
       ``(3) Advocating for the transition of nanotechnologies in 
     defense acquisition programs, including the development of 
     nanomanufacturing capabilities and a nanotechnology defense 
     industrial base.''.
       (d) Reports.--Such section is further amended by adding at 
     the end the following new subsection:
       ``(e) Reports.--(1) 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) 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) Each report under paragraph (1) shall be submitted in 
     unclassified form, but may include a classified annex.''.
       (e) Comptroller General Report on Program.--Not later than 
     March 31, 2010, the

[[Page S12574]]

     Comptroller General of the United States shall submit to the 
     congressional defense committees a report setting forth the 
     assessment of the Comptroller General of the progress made by 
     the Department of Defense in achieving the purposes of the 
     defense nanotechnology research and development program 
     required by section 246 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (as amended by this 
     section).

     SEC. 256. COMPTROLLER GENERAL ASSESSMENT OF THE DEFENSE 
                   EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 
                   RESEARCH.

       (a) Review.--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 an assessment of 
     the effectiveness of the Defense Experimental Program to 
     Stimulate Competitive Research.
       (b) Assessment.--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 Comptroller General considers 
     appropriate.

     SEC. 257. STUDY AND REPORT ON STANDARD SOLDIER PATIENT 
                   TRACKING SYSTEM.

       (a) Study Required.--In conjunction with the development of 
     the pilot program utilizing an electronic clearinghouse for 
     support of the disability evaluation system of the Department 
     of Defense authorized under this Act, the Secretary of 
     Defense shall conduct a study on the feasibility of including 
     in the required pilot program the following additional 
     elements:
       (1) A means to allow each recovering service member, each 
     family member of such a member, each commander of a military 
     installation retaining medical holdover patients, each 
     patient navigator, and ombudsman office personnel, at all 
     times, to be able to locate and understand exactly where a 
     recovering service member is in the medical holdover process.
       (2) A means to ensure that the commander of each military 
     medical facility where recovering service members are located 
     is able to track appointments of such members to ensure they 
     are meeting timeliness and other standards that serve the 
     member.
       (3) A means to ensure each recovering service member is 
     able to know when his or her appointments and other medical 
     evaluation board or physical evaluation board deadlines will 
     be and that they have been scheduled in a timely and accurate 
     manner.
       (4) Any other information needed to conduct oversight of 
     care of the member through out the medical holdover process.
       (5) Information that will allow the Secretaries of the 
     military departments and the Under Secretary of Defense for 
     Personnel and Readiness to monitor trends and problems.
       (b) Report.--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 results of the 
     study, with such findings and recommendations as the 
     Secretary considers appropriate.

     SEC. 258. 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.

                  TITLE III--OPERATION AND MAINTENANCE

              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, $29,725,273,000.
       (2) For the Navy, $33,307,690,000.
       (3) For the Marine Corps, $4,998,493,000.
       (4) For the Air Force, $32,967,215,000.
       (5) For Defense-wide activities, $22,397,153,000.
       (6) For the Army Reserve, $2,512,062,000.
       (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, $5,861,409,000.
       (11) For the Air National Guard, $5,469,368,000.
       (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 Former Soviet Union Threat Reduction programs, 
     $448,048,000.
       (19) For Overseas Humanitarian, Disaster and Civic Aid 
     programs, $63,300,000.
       (20) For 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

[[Page S12575]]

     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 makes the following findings:
       (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.
       (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 increasing threat of the 
     introduction of the brown tree snake from Guam into Hawaii, 
     the Commonwealth of the Northern Mariana Islands, or the 
     continental United States.
       (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 ensure that the 
     brown tree snake is not introduced into Hawaii, the 
     Commonwealth of the Northern Mariana Island, or the 
     continental United States as a result of the movement from 
     Guam of military aircraft, personnel, and cargo, including 
     the household goods of military personnel.
       (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, or the 
     continental United States.

    Subtitle C--Program Requirements, Restrictions, and Limitations

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

       (a) In General.--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 significant technology insertion to the Defense 
     Information Systems Network; 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. 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 
     ``; and''; 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.''.

     SEC. 323. 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; 
     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 additional 
     incremental cost resulting from the additional deployment of 
     forces to Iraq and Afghanistan above the levels deployed to 
     such countries on January 1, 2007.''.

     SEC. 324. INDIVIDUAL BODY ARMOR.

       (a) Assessment.--The Director of Operational Test and 
     Evaluation and the Director of Defense Research and 
     Engineering shall jointly conduct an assessment of various 
     domestic technological approaches for body armor systems for 
     protection against ballistic threats at or above military 
     requirements.
       (b) Report.--
       (1) Report required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of Operational 
     Test and Evaluation and the Director of Defense Research and 
     Engineering shall jointly submit to the Secretary of Defense, 
     and to the congressional defense committees, a report on the 
     assessment required by subsection (a).
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) a detailed comparative analysis and assessment of the 
     technical approaches covered by the assessment under 
     subsection (a), including the technical capability, 
     feasibility, military utility, and cost of each such 
     approach; and
       (B) such other matters as the Director of Operational Test 
     and Evaluation and the Director of Defense Research and 
     Engineering jointly consider appropriate.
       (3) Form.--The report submitted under paragraph (1) to the 
     congressional defense committees shall be submitted in both 
     classified and unclassified form.

                 Subtitle D--Workplace and Depot Issues

     SEC. 341. 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. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT DEMONSTRATION 
                   PROGRAM.

       (a) Extension.--Subsection (a) of section 343 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 10 U.S.C. 
     4551 note) is amended by striking ``fiscal years 2001 through 
     2008'' and inserting ``fiscal years 2001 through 2010''.
       (b) Extension of Reporting Requirement.--The second 
     sentence in subsection (g)(1) of such section is amended to 
     read as follows: ``No report is required after fiscal year 
     2010.''.

     SEC. 343. REPORTS ON NATIONAL GUARD READINESS FOR DOMESTIC 
                   EMERGENCIES.

       (a) Annual Reports on Equipment.--Section 10541(b) of title 
     10, United States Code, is amended by adding at the end the 
     following new paragraphs:
       ``(9) An assessment of the extent to which the National 
     Guard possesses the equipment required to respond to domestic 
     emergencies, including large scale, multi-State disasters and 
     terrorist attacks.
       ``(10) An assessment of the shortfalls, if any, in National 
     Guard equipment throughout the United States, and an 
     assessment of the effect of such shortfalls on the capacity 
     of the National Guard to respond to domestic emergencies.
       ``(11) Strategies and investment priorities for equipment 
     for the National Guard to ensure that the National Guard 
     possesses the equipment required to respond in a timely and 
     effective way to domestic emergencies.''.
       (b) Inclusion of National Guard Readiness in Quarterly 
     Personnel and Unit Readiness Report.--Section 482 of such 
     title is amended--

[[Page S12576]]

       (1) in subsection (a), by striking ``and (e)'' and 
     inserting ``(e), and (f)'';
       (2) by redesignating subsection (f) as subsection (g);
       (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 a report 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.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply with respect to reports submitted after 
     the date of the enactment of this Act.
       (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 fiscal year 2009 (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 
     achieve the implementation of the amendments made by this 
     section.
       (2) Elements.--The report 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. 344. SENSE OF SENATE ON THE AIR FORCE LOGISTICS CENTERS.

       (a) Findings.--The Senate makes the following findings:
       (1) Air Force Air Logistics Centers have served as a model 
     of efficiency and effectiveness in providing integrated 
     sustainment (depot maintenance, supply management, and 
     product support) for fielded weapon systems within the 
     Department of Defense. This success has been founded in the 
     integration of these dependent processes.
       (2) Air Force Air Logistics Centers have embraced best 
     practices, technology changes, and process improvements, and 
     have successfully managed increased workload while at the 
     same time reducing personnel.
       (3) Air Force Air Logistics Centers continue to 
     successfully sustain an aging aircraft fleet that is 
     performing more flying hours, with less aircraft, than at any 
     point in the last thirty years.
       (4) The purpose of the Global Logistics Support Center is 
     to apply an enterprise approach to supply chain management to 
     eliminate redundancies and improve efficiencies across the 
     Air Force in order to best provide capable aircraft to the 
     warfighter.
       (5) The Air Force is working diligently to identify means 
     to create further efficiencies in the Air Force logistics 
     network.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Air Force should work closely with Congress as the Air 
     Force continues to develop and implement the Global Logistics 
     Support Center concept.

                       Subtitle E--Other Matters

     SEC. 351. 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--
       (A) in the section heading, by striking ``Military 
     equipment and infrastructure: prevention and mitigation of 
     corrosion'' and inserting ``Office of Corrosion Policy and 
     Oversight''; and
       (B) by amending subsection (a) to read as follows:
       ``(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 (in this section referred to as the 
     `Director'), 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 the senior official 
     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 a minimum of 10 years experience in the Defense 
     Acquisition Corps;
       ``(B) have technical expertise in, and professional 
     experience with, corrosion engineering, including an 
     understanding of the effects of corrosion policies on 
     infrastructure; research, development, test, and evaluation; 
     and maintenance; and
       ``(C) have background in and an understanding of Department 
     of Defense budget formulation and execution, policy 
     formulation, and planning and program requirements.''.
       (2) Conforming changes.--Subsection (b) of such section is 
     amended--
       (A) in paragraph (1), by striking ``official or 
     organization designated under subsection (a)'' and inserting 
     ``Director''; and
       (B) by striking ``designated official or organization'' 
     each place it appears and inserting ``Director''.
       (b) Additional Authority for Director of Office.--Such 
     section 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 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.--Subparagraph (D) of subsection 
     (d)(2) of such section, 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 centers, and other 
     cooperative research agreements''.
       (d) Report Requirement.--Such section is further amended by 
     inserting after subsection (d), as redesignated by subsection 
     (b), the following new subsection:
       ``(e) Report.--(1) The Secretary of Defense shall submit 
     with the defense budget materials for each fiscal year 
     beginning with fiscal year 2009 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 of why the Department of Defense is 
     not requesting funds for the entire requirement.
       ``(2) Not later than 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), 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.''.

     SEC. 352. 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'';
       (2) by redesignating subsection (b) as subsection (c);
       (3) by inserting after subsection (a) the following new 
     subsection:
       ``(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.''; and
       (4) in subsection (c), as redesignated by paragraph (2)--
       (A) by inserting ``or section 502(f) of title 32'' after 
     ``under this chapter''; and
       (B) in paragraph (2), by inserting ``or personnel of the 
     National Guard'' after ``Department of Defense''.

     SEC. 353. 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''.

     SEC. 354. PROPERTY ACCOUNTABILITY AND DISPOSITION OF 
                   UNLAWFULLY OBTAINED PROPERTY OF THE ARMED 
                   FORCES.

       (a) Statutory Establishment of Accountability for Property 
     of Navy and Marine Corps.--
       (1) In general.--Chapter 661 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 7864. Property accountability; regulations

       ``The Secretary of the Navy may prescribe regulations for 
     the accounting for property of the Navy and the Marine Corps 
     and for the fixing of responsibility for such property.''.
       (2) Unauthorized disposition and recovery of property.--
     Such chapter is further amended by adding at the end the 
     following new section:

     ``Sec. 7865. Military equipment: unauthorized disposition

       ``(a) Prohibition.--No member of the Navy or the Marine 
     Corps may sell, lend, pledge, barter, or give any clothing, 
     arms, or equipment obtained by or furnished to the member by 
     the

[[Page S12577]]

     United States to any person other than a member of the Navy 
     or the Marine Corps authorized to receive it, an officer of 
     the United States authorized to receive it, or any other 
     individual authorized to receive it.
       ``(b) Seizure of Property.--If a member of the Navy or the 
     Marine Corps disposes of property in violation of subsection 
     (a) and it is in the possession of a person who is not 
     authorized to receive it as described in that subsection, 
     that person has no right to or interest in the property, and 
     any civil or military officer of the United States may seize 
     it, wherever found, subject to applicable regulations. 
     Possession of such property by a person who is not authorized 
     to receive it as described in subsection (a) is prima facie 
     evidence that it has been disposed of in violation of 
     subsection (a).
       ``(c) Retention 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 it 
     to a person who is authorized to retain it.''.
       (b) Standardizing Amendments Relating to Disposition of 
     Unlawfully Obtained Army and Air Force Property.--
       (1) Army property.--Section 4836 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 4836. Military equipment: unauthorized disposition

       ``(a) Prohibition.--No member of the Army may sell, lend, 
     pledge, barter, or give any clothing, arms, or equipment 
     obtained by or furnished to the member by the United States 
     to any person other than a member of the Army authorized to 
     receive it, an officer of the United States authorized to 
     receive it, or any other individual authorized to receive it.
       ``(b) Seizure of Property.--If a member of the Army 
     disposes of property in violation of subsection (a) and it is 
     in the possession of a person who is not authorized to 
     receive it as described in that subsection, that person has 
     no right to or interest in the property, and any civil or 
     military officer of the United States may seize it, wherever 
     found, subject to applicable regulations. Possession of such 
     property by a person who is not authorized to receive it as 
     described in subsection (a) is prima facie evidence that it 
     has been disposed of in violation of subsection (a).
       ``(c) Retention 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 it 
     to a person who is authorized to retain it.''.
       (2) Air force property.--Section 9836 of such title is 
     amended is amended to read as follows:

     ``Sec. 9836. Military equipment: unauthorized disposition

       ``(a) Prohibition.--No member of the Air Force may sell, 
     lend, pledge, barter, or give any clothing, arms, or 
     equipment obtained by or furnished to the member by the 
     United States to any person other than a member of the Air 
     Force authorized to receive it, an officer of the United 
     States authorized to receive it, or any other individual 
     authorized to receive it.
       ``(b) Seizure of Property.--If a member of the Air Force 
     disposes of property in violation of subsection (a) and it is 
     in the possession of a person who is not authorized to 
     receive it as described in that subsection, that person has 
     no right to or interest in the property, and any civil or 
     military officer of the United States may seize it, wherever 
     found, subject to applicable regulations. Possession of such 
     property by a person who is not authorized to receive it as 
     described in subsection (a) is prima facie evidence that it 
     has been disposed of in violation of subsection (a).
       ``(c) Retention 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 it 
     to a person who is authorized to retain it.''.
       (c) Clerical Amendments.--
       (1) The table of sections at the beginning of chapter 453 
     of such title is amended by striking the item relating to 
     section 4836 and inserting the following new item:

``4836. Military equipment: unauthorized disposition.''.

       (2) The table of sections at the beginning of chapter 661 
     of such title is amended by adding at the end the following 
     new items:

``7864. Property accountability: regulations.
``7865. Military equipment: unauthorized disposition.''.

       (3) The table of sections at the beginning of chapter 953 
     of such title is amended by striking the item relating to 
     section 9836 and inserting the following new item:

``9836. Military equipment: unauthorized disposition.''.

     SEC. 355. AUTHORITY TO IMPOSE REASONABLE CONDITIONS ON THE 
                   PAYMENT OF FULL REPLACEMENT VALUE FOR CLAIMS 
                   RELATED TO 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 require members of the armed forces or 
     civilian employees of the Department of Defense to comply 
     with reasonable conditions in order to receive benefits under 
     this section.''.

     SEC. 356. AUTHORITY FOR INDIVIDUALS TO RETAIN COMBAT UNIFORMS 
                   ISSUED IN CONNECTION WITH CONTINGENCY 
                   OPERATIONS.

       The Secretary of a military department may authorize 
     members of the Armed Forces under the jurisdiction of the 
     Secretary to retain combat uniforms issued as organizational 
     clothing and individual equipment in connection with their 
     deployment in support of contingency operations.

     SEC. 357. MODIFICATION OF REQUIREMENTS ON 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 ``March 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 
     Operations Iraqi Freedom and Enduring Freedom 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. 358. 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 (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 (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. 359. 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

[[Page S12578]]

     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. 360. CONTINUITY OF DEPOT OPERATIONS TO RESET COMBAT 
                   EQUIPMENT AND VEHICLES IN SUPPORT OF WARS IN 
                   IRAQ AND AFGHANISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) The United States Armed Forces, particularly the Army 
     and the Marine Corps, are currently engaged in a tremendous 
     effort to reset equipment that was damaged and worn in combat 
     operations in Iraq and Afghanistan.
       (2) The implementing guidance from the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics related to 
     the decisions of the 2005 Defense Base Closure and 
     Realignment Commission (BRAC) to transfer depot functions 
     appears not to differentiate between external supply 
     functions and in-process storage functions related to the 
     performance of depot maintenance.
       (3) Given the fact that up to 80 percent of the parts 
     involved in the vehicle reset process are reclaimed and 
     refurbished, the transfer of this inherently internal depot 
     maintenance function to the Defense Logistics Agency could 
     severely disrupt production throughput, generate increased 
     costs, and negatively impact Army and Marine Corps equipment 
     reset efforts.
       (4) The goal of the Department of Defense, the Defense 
     Logistics Agency, and the 2005 Defense Base Closure and 
     Realignment Commission is the reengineering of businesses 
     processes in order to achieve higher efficiency and cost 
     savings.
       (b) Report.--
       (1) In general.--Not later than June 1, 2008, the Secretary 
     of Defense shall submit to the congressional defense 
     committees a report on the challenges of implementing the 
     transfer of depot functions and the impacts on production, 
     including parts reclamation and refurbishment.
       (2) Content.--The report required under paragraph (1) shall 
     describe--
       (A) the sufficiency of the business plan to transfer depot 
     functions to accommodate a timely and efficient transfer 
     without the disruption of depot production;
       (B) a description of the completeness of the business plan 
     in addressing part reclamation and refurbishment;
       (C) the estimated cost of the implementation and what 
     savings are likely be achieved;
       (D) the impact of the transfer on the Defense Logistics 
     Agency and depot hourly rates due to the loss of budgetary 
     control of the depot commander over overtime pay for in-
     process parts supply personnel, and any other relevant rate-
     related factors;
       (E) the number of personnel positions affected;
       (F) the sufficiency of the business plan to ensure the 
     responsiveness and availability of Defense Logistics supply 
     personnel to meet depot throughput needs, including potential 
     impact on depot turnaround time; and
       (G) the impact of Defense Logistics personnel being outside 
     the chain of command of the depot commander in terms of 
     overtime scheduling and meeting surge requirements.
       (3) Government accountability office assessment.--Not later 
     than September 30, 2008, the Comptroller General of the 
     United States shall review the report submitted under 
     paragraph (1) and submit to the congressional defense 
     committees an independent assessment of the matters addressed 
     in such report, as requested by the Chairman of the Committee 
     on Armed Services of the House of Representatives.

     SEC. 361. REPORT ON SEARCH AND RESCUE CAPABILITIES OF AIR 
                   FORCE IN 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 (NSRP) 
     for Washington, Oregon, Idaho, and Montana.
       (3) An inventory and description of search and rescue 
     assets of the Air Force that are available to meet such 
     requirements.
       (4) A description of the utilization during the previous 
     three years of such search and rescue assets.
       (5) The plans of the Air Force to meet current and future 
     search and rescue requirements in the northwestern United 
     States, including with respect to risk assessment services 
     for Air Force missions and compliance with the NSRP.
       (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; 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 section 358 of the National Defense 
     Authorization Act for Fiscal Year 2008, 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. 362. REPORT ON HIGH-ALTITUDE AVIATION TRAINING SITE, 
                   COLORADO.

       (a) In General.--Not later than 60 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 High-Altitude Aviation Training Site at Gypsum, Colorado.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) a summary of costs for each of the previous 5 years 
     associated with transporting aircraft to and from the High-
     Altitude Aviation Training Site for training purposes; and
       (2) an analysis of 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.

     SEC. 363. SENSE OF CONGRESS ON FUTURE USE OF SYNTHETIC FUELS 
                   IN MILITARY SYSTEMS.

       It is the sense of Congress to encourage the Department of 
     Defense to continue and accelerate, as appropriate, the 
     testing and certification of synthetic fuels for use in all 
     military air, ground, and sea systems.

     SEC. 364. REPORTS ON SAFETY MEASURES AND ENCROACHMENT ISSUES 
                   AT WARREN GROVE GUNNERY RANGE, NEW JERSEY.

       (a) Findings.--Congress makes the following findings:
       (1) The United States Air Force has 32 training sites in 
     the United States for aerial bombing and gunner training, of 
     which Warren Grove Gunnery Range functions in the densely 
     populated Northeast.
       (2) A number of dangerous safety incidents caused by the 
     Air National Guard have repeatedly impacted the residents of 
     New Jersey, including the following:
       (A) On May 15, 2007, a fire ignited during an Air National 
     Guard practice mission at Warren Grove Gunnery Range, 
     scorching 17,250 acres of New Jersey's Pinelands, destroying 
     5 houses, significantly damaging 13 others, and temporarily 
     displacing approximately 6,000 people from their homes in 
     sections of Ocean and Burlington Counties.
       (B) In November 2004, an F-16 Vulcan cannon piloted by the 
     District of Columbia Air National Guard was more than 3 miles 
     off target when it blasted 1.5-inch steel training rounds 
     into the roof of the Little Egg Harbor Township Intermediate 
     School.
       (C) In 2002, a pilot ejected from an F-16 aircraft just 
     before it crashed into the woods near the Garden State 
     Parkway, sending large pieces of debris onto the busy 
     highway.
       (D) In 1999, a dummy bomb was dumped a mile off target from 
     the Warren Grove target range in the Pine Barrens, igniting a 
     fire that burned 12,000 acres of the Pinelands forest.
       (E) In 1997, the pilots of F-16 aircraft uplifting from the 
     Warren Grove Gunnery Range escaped injury by ejecting from 
     their aircraft just before the planes collided over the ocean 
     near the north end of Brigantine. Pilot error was found to be 
     the cause of the collision.
       (F) In 1986, a New Jersey Air National Guard jet fighter 
     crashed in a remote section of the Pine Barrens in Burlington 
     County, starting a fire that scorched at least 90 acres of 
     woodland.
       (b) Annual Report on Safety Measures.--Not later than 90 
     days after the date of the enactment of this Act, and 
     annually thereafter for two years, the Secretary of the Air 
     Force shall submit to the congressional defense committees a 
     report on efforts made to provide the highest level of safety 
     by all of the military departments utilizing the Warren Grove 
     Gunnery Range.
       (c) Study on Encroachment at 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 study 
     on encroachment issues at Warren Grove Gunnery Range.
       (2) Content.--The study required under paragraph (1) shall 
     include a master plan for the Warren Grove Gunnery Range and 
     the surrounding community, taking into consideration military 
     mission, land use plans, urban encroachment, the economy of 
     the region, and protection of the environment and public 
     health, safety, and welfare.
       (3) Required input.--The study required under paragraph (1) 
     shall include input from all affected parties and relevant 
     stakeholders at the Federal, State, and local level.

     SEC. 365. 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

[[Page S12579]]

     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); 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 consultation required by paragraph (1).''.
       (c) Technical Amendments.--Section 2461 of such title, as 
     amended by subsection (a), 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 under subsection 
     (b)(2), by inserting ``of'' after ``examination''.

     SEC. 366. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER 
                   OFFICE OF MANAGEMENT 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. 367. 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, 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).

[[Page S12580]]

       ``(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. 368. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT 
                   EMPLOYEES.

       (a) Guidelines.--
       (1) In general.--The Under Secretary of Defense for 
     Personnel and Readiness shall prescribe guidelines and 
     procedures for ensuring that consideration is given to using 
     Federal Government employees on a regular basis for new work 
     and work that is performed under Department of Defense 
     contracts and could be performed by Federal Government 
     employees.
       (2) Criteria.--The guidelines and procedures prescribed 
     under paragraph (1) shall provide for special consideration 
     to be given to contracts that--
       (A) have been performed by Federal Government employees at 
     any time on or after October 1, 1980;
       (B) are associated with the performance of inherently 
     governmental functions;
       (C) have been performed by a contractor pursuant to a 
     contract that was awarded on a noncompetitive basis, either a 
     contract for a function once performed by Federal employees 
     that was awarded without the conduct of a public-private 
     competition or a contract that was last awarded without the 
     conduct of an actual competition between contractors; or
       (D) have been performed poorly by a contractor because of 
     excessive costs or inferior quality, as determined by a 
     contracting officer within the last five years .
       (3) Deadline for issuance of guidelines.--The Secretary of 
     Defense shall implement the guidelines required under 
     paragraph (1) by not later than 60 days after the date of the 
     enactment of this Act.
       (4) Establishment of contractor inventory.--The Secretary 
     of Defense shall establish an inventory of Department of 
     Defense contracts to determine which contracts meet the 
     criteria set forth in paragraph (2).
       (b) New Requirements.--
       (1) Limitation on requiring public-private competition.--No 
     public-private competition may be required for any Department 
     of Defense function before--
       (A) the commencement of the performance by civilian 
     employees of the Department of Defense of a new Department of 
     Defense function;
       (B) the commencement of the performance by civilian 
     employees of the Department of Defense of any Department of 
     Defense function described in subparagraphs (B) through (D) 
     of subsection (a)(2); or
       (C) the expansion of the scope of any Department of Defense 
     function performed by civilian employees of the Department of 
     Defense.
       (2) Consideration of federal government employees.--The 
     Secretary of Defense shall, to the maximum extent 
     practicable, ensure that Federal Government employees are 
     fairly considered for the performance of new requirements, 
     with special consideration given to new requirements that 
     include functions that--
       (A) are similar to functions that have been performed by 
     Federal Government employees at any time on or after October 
     1, 1980; or
       (B) are associated with the performance of inherently 
     governmental functions.
       (c) Use of Flexible Hiring Authority.--The Secretary 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, United States Code, to 
     facilitate the performance by civilian employees of the 
     Department of Defense of functions described in subsection 
     (b).
       (d) Inspector General Report.--Not later than 180 days 
     after the enactment of this Act, the Inspector General of the 
     Department of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the compliance of the Secretary of Defense with the 
     requirements of this section.
       (e) Definitions.--In this section:
       (1) The term ``National Security Personnel System'' means 
     the human resources management system established under the 
     authority of section 9902 of title 5, United States Code.
       (2) The term ``inherently governmental function'' has the 
     meaning given that term in section 5 of the Federal 
     Activities Inventory Reform Act of 1998 (Public Law 105-270; 
     112 Stat. 2384; 31 U.S.C. 501 note).
       (f) Conforming Repeal.--The National Defense Authorization 
     Act for Fiscal Year 2006 (Public Law 109-163) is amended by 
     striking section 343.

     SEC. 369. 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.

     SEC. 370. 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 period specified in the performance 
     agreement entered into in accordance with this section for 
     any function of the Department of Defense performed by 
     Department of Defense civilian employees.''.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

       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, 328,400.
       (3) The Marine Corps, 189,000.
       (4) The Air Force, 328,600.

                       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) Adjustments.--The end strengths prescribed by 
     subsection (a) for the Selected Reserve of any reserve 
     component shall be proportionately reduced by--

[[Page S12581]]

       (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.

     Whenever such units or such individual members 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. REVISION OF AUTHORIZED VARIANCES IN END STRENGTHS 
                   FOR SELECTED RESERVE PERSONNEL.

       (a) Increase.--Section 115(f)(3) of title 10, United States 
     Code, is amended by striking ``2 percent'' and inserting ``3 
     percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2007, and shall apply with 
     respect to fiscal years beginning on or after that date.

              Subtitle C--Authorization of Appropriations

     SEC. 421. MILITARY PERSONNEL.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for military personnel, in amounts as follows:
       (1) For the Army, $34,952,762,000.
       (2) For the Navy, $23,300,841,000.
       (3) For the Marine Corps, $11,065,542,000.
       (4) For the Air Force, $24,091,993,000.
       (5) For the Army Reserve, $3,701,197,000.
       (6) For the Navy Reserve, $1,766,408,000.
       (7) For the Marine Corps Reserve, $593,961,000.
       (8) For the Air Force Reserve, $1,356,618,000.
       (9) For the Army National Guard, $5,914,979,000.
       (10) For the Air National Guard, $2,607,456,000.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

     SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS 
                   ON ACTIVE DUTY IN THE GRADE OF MAJOR TO MEET 
                   FORCE STRUCTURE REQUIREMENTS.

       The table in section 523(a)(1) of title 10, United States 
     Code, is amended by striking the items under the heading 
     ``Major'' in the portion of the table relating to the Army 
     and inserting the following new items:

         ``7,768
          8,689
          9,611
         10,532
         11,454
         12,375
         13,297
         14,218
         15,140
         16,061
         16,983
         17,903
         18,825
         19,746
         20,668
         21,589
         22,511
         24,354
         26,197
         28,040
         35,412''.

     SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS 
                   ON ACTIVE DUTY IN GRADES OF LIEUTENANT 
                   COMMANDER, COMMANDER, AND CAPTAIN TO MEET FORCE 
                   STRUCTURE REQUIREMENTS.

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


----------------------------------------------------------------------------------------------------------------
                                                        Number of officers who may be serving on active duty in
 ``Total number of commissioned officers (excluding                          the grade of:
 officers in categories specified in subsection (b)) -----------------------------------------------------------
                   on active duty:                        Lieutenant
                                                           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''.
----------------------------------------------------------------------------------------------------------------

       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2007.

     SEC. 503. EXPANSION OF EXCLUSION OF MILITARY PERMANENT 
                   PROFESSORS FROM STRENGTH LIMITATIONS FOR 
                   OFFICERS BELOW GENERAL AND FLAG GRADES.

       (a) Inclusion of Permanent Professors of the Navy.--Section 
     523(b)(8) of title 10, United States Code, is amended--
       (1) by striking ``Naval Academy'' and inserting ``Navy''; 
     and
       (2) by inserting ``or service'' before the period at the 
     end.
       (b) Expansion of Exclusion Generally.--Such section is 
     further amended by striking ``50'' and inserting ``85''.

[[Page S12582]]

     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 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) The Secretary of Defense may waive the service 
     required by subsection (a) for initial appointments of 
     commissioned officers in such critically short health 
     professional specialties as the Secretary shall specify 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. 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. 507. 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. 508. 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 ten 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. 509. 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 chapter 603 of such title 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)''.

                 Subtitle B--Enlisted Personnel Policy

     SEC. 521. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER OF 
                   MEMBERS IN PAY GRADE E-9.

       (a) Increase.--Section 517(a) of title 10, United States 
     Code, is amended by striking ``1 percent'' and inserting 
     ``1.25 percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2007, and shall apply with 
     respect to fiscal years beginning on or after that date.

                Subtitle C--Reserve Component Management

     SEC. 531. REVISED DESIGNATION, STRUCTURE, AND FUNCTIONS OF 
                   THE RESERVE FORCES POLICY BOARD.

       (a) Modification of Designation, Structure, and Functions 
     of Reserve Forces Policy Board.--
       (1) In general.--Section 10301 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 10301. Reserve Policy Advisory Board

       ``(a) There is in the Office of the Secretary of Defense a 
     Reserve Policy Advisory Board.
       ``(b)(1) The Board shall consist of a civilian chairman and 
     not more than 15 other members, each appointed by the 
     Secretary of Defense, of whom--
       ``(A) not more than 4 members may be Government civilian 
     officials who must be from outside the Department of Defense; 
     and
       ``(B) not more than 2 members may be members of the armed 
     forces.
       ``(2) Each member appointed to serve on the Board shall 
     have--
       ``(A) extensive knowledge, or experience with, reserve 
     component matters, national security and national military 
     strategies of the United States, or roles and missions of the 
     regular components and the reserve components;
       ``(B) extensive knowledge of, or experience in, homeland 
     defense and matters involving Department of Defense support 
     to civil authorities; or
       ``(C) a distinguished background in government, business, 
     personnel planning, technology and its application in 
     military operations, or other fields that are pertinent to 
     the management and utilization of the reserve components.
       ``(3) Each member of the Board shall serve for a term of 2 
     years, and, at the conclusion of such term, may be appointed 
     under this subsection to serve an additional term of 2 years.
       ``(4) Upon the designation of the chairman of the Board and 
     the approval of the Secretary of Defense, an officer of the 
     Army, Navy, Air Force, or Marine Corps in the Reserves or the 
     National Guard who is a general or flag officer shall serve 
     as the military advisor to, and executive officer of, the 
     Board. Such service shall be either full-time or part-time, 
     as designated by the Secretary of Defense, and shall be in a 
     non-voting status on the Board.
       ``(c)(1) This section does not affect the committees on 
     reserve policies prescribed within the military departments 
     by sections 10302 through 10305 of this title.
       ``(2) A member of a committee or board prescribed under a 
     section listed in paragraph (1) may, if otherwise eligible, 
     be a member of the Reserve Policy Advisory Board.
       ``(d)(1) The Board shall provide the Secretary of Defense, 
     through the Deputy Secretary of Defense, with independent 
     advice and recommendations on strategies, policies, and 
     practices designed to improve the capability, efficiency, and 
     effectiveness of the reserve components.
       ``(2) The Board shall act on those matters referred to it 
     by the Secretary or the chairman and, in addition, on any 
     matter raised by a member of the Board.
       ``(e) The Under Secretary of Defense for Personnel and 
     Readiness shall provide necessary logistical support to the 
     Board.
       ``(f) The Board shall not be subject to the provisions of 
     the Federal Advisory Committee Act (5 U.S.C. App.).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1009 of such title is amended by 
     striking the item relating to section 10301 and inserting the 
     following new item:

``10301. Reserve Policy Advisory Board.''.
       (3) References.--Any reference in any law, regulation, 
     document, record, or other paper of the United States to the 
     Reserve Forces Policy Board shall be deemed to be a reference 
     to the Reserve Policy Advisory Board.
       (b) Inclusion of Matters From Board in Annual Report on 
     Activities of Department of Defense.--Paragraph (2) of 
     section 113(c) of title 10, United States Code, is amended to 
     read as follows:
       ``(2) At the same time the Secretary submits the annual 
     report under paragraph (1), the Secretary may transmit to the 
     President and Congress with such report any additional 
     matters from the Reserve Policy Advisory Board on the 
     programs and activities of the reserve components as the 
     Secretary considers appropriate to include in such report.''.
       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on a date elected by the Secretary of Defense, 
     which date may not be earlier than the date that is one year 
     after the date of the enactment of this Act. The Secretary 
     shall publish in the Federal Register notice of the effective 
     date of the amendments made by this section, as so elected.
       (2) Report.--Not later than the effective date elected 
     under paragraph (1), the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report setting forth the recommendations of 
     the Secretary regarding the following:
       (A) The appropriate role and mission of the Reserve Forces 
     Policy Board.

[[Page S12583]]

       (B) The appropriate membership of the Reserve Forces Policy 
     Board.
       (C) The appropriate procedures to be utilized by the 
     Reserve Forces Policy Board in its interaction with the 
     Department of Defense.

     SEC. 532. CHARTER FOR THE NATIONAL GUARD BUREAU.

       (a) Prescription of Charter by Secretary of Defense.--
     Section 10503 of title 10, United States Code, is amended--
       (1) by striking ``The Secretary of the Army and the 
     Secretary of the Air Force shall jointly develop and'' in the 
     matter preceding paragraph (1) and inserting ``The Secretary 
     of the Defense shall, in consultation with the Secretary of 
     the Army, the Secretary of the Air Force, and the Chairman of 
     the Joint Chiefs of Staff,'';
       (2) in paragraph (10), by striking ``the Army and Air 
     Force'' and inserting ``the Secretary of Defense, the 
     Secretary of the Army, and the Secretary of the Air Force''; 
     and
       (3) in paragraph (12), by striking ``Secretaries'' and 
     inserting ``Secretary of Defense, the Secretary of the Army, 
     and the Secretary of the Air Force''.
       (b) 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 
       from the Secretary of Defense''.

       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1011 of such title is amended by 
     striking the item related to section 10503 and inserting the 
     following new item:

``10503. Functions of the National Guard Bureau: charter from the 
              Secretary of Defense.''.

     SEC. 533. 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 section 10502 of 
     such title is amended to read as follows:
       ``(c) Advisor on National Guard Matters.--The Chief of the 
     National Guard Bureau is--
       ``(1) an 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.''.
       (e) Deferral of Retirement.--Section 14512(a) of such title 
     is amended by adding at the end the following new paragraph:
       ``(3) The President may defer the retirement of an officer 
     serving in the position specified in paragraph (2)(A), but 
     such deferment may not extend beyond the first day of the 
     month following the month in which the officer becomes 68 
     years of age.''.

     SEC. 534. MANDATORY SEPARATION FOR YEARS OF SERVICE OF 
                   RESERVE OFFICERS IN THE GRADE OF LIEUTENANT 
                   GENERAL OR VICE ADMIRAL.

       Section 14508 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):
       ``(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, 30 days after 
     completion of 38 years of commissioned service or on the 
     fifth anniversary of the date of the officer's appointment in 
     the grade of lieutenant general or vice admiral, whichever is 
     later, be separated in accordance with section 14514 of this 
     title.''.

     SEC. 535. INCREASE IN PERIOD OF TEMPORARY FEDERAL RECOGNITION 
                   AS OFFICERS OF THE NATIONAL GUARD FROM SIX TO 
                   TWELVE MONTHS.

       Section 308(a) of title 32, United States Code, is amended 
     by striking ``six months'' and inserting ``12 months''.

     SEC. 536. SATISFACTION OF PROFESSIONAL LICENSURE AND 
                   CERTIFICATION REQUIREMENTS BY MEMBERS OF THE 
                   NATIONAL GUARD AND RESERVE ON ACTIVE DUTY.

       (a) Additional Period Before Re-Training of Nurse Aides Is 
     Required Under the Medicare and Medicaid Programs.--For 
     purposes of subparagraph (D) of sections 1819(b)(5) and 
     1919(b)(5) of the Social Security Act (42 U.S.C. 1395i-
     3(b)(5), 1396r(b)(5)), if, since an individual's most recent 
     completion of a training and competency evaluation program 
     described in subparagraph (A) of such sections, the 
     individual was ordered to active duty in the Armed Forces for 
     a period of at least 12 months, and the individual completes 
     such active duty service during the period beginning on July 
     1, 2007, and ending on September 30, 2008, the 24-
     consecutive-month period described subparagraph (D) of such 
     sections with respect to the individual shall begin on the 
     date on which the individual completes such active duty 
     service. The preceding sentence shall not apply to an 
     individual who had already reached such 24-consecutive-month 
     period on the date on which such individual was ordered to 
     such active duty service.
       (b) Report on Relief From Requirements for National Guard 
     and Reserve on Long-Term Active Duty.--Not later than 120 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to Congress a report 
     setting forth recommendations for such legislative action as 
     the Secretary considers appropriate (including amendments to 
     the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et 
     seq.)) to provide for the exemption or tolling of 
     professional or other licensure or certification requirements 
     for the conduct or practice of a profession, trade, or 
     occupation with respect to members of the National Guard and 
     Reserve who are on active duty in the Armed Forces for an 
     extended period of time.

                   Subtitle D--Education and Training

     SEC. 551. GRADE AND SERVICE CREDIT OF COMMISSIONED OFFICERS 
                   IN UNIFORMED MEDICAL ACCESSION PROGRAMS.

       (a) Medical Students of USUHS.--Section 2114(b) of title 
     10, United States Code, is amended by striking the second 
     sentence and inserting the following new sentences: ``Medical 
     students so commissioned shall be appointed as regular 
     officers in the grade of second lieutenant or ensign, or if 
     they meet promotion criteria prescribed by the Secretary 
     concerned, in the grade of first lieutenant or lieutenant 
     (junior grade), and shall serve on active duty with full pay 
     and allowances of an officer in the applicable grade. Any 
     prior service of medical students on active duty shall be 
     deemed, for pay purposes, to have been service as a warrant 
     officer.''.
       (b) Participants in Health Professions Scholarship and 
     Financial Assistance Program.--
       (1) Grade of participants.--Section 2121(c) of such title 
     is amended by striking the second sentence and inserting the 
     following new sentences: ``Persons so commissioned shall be 
     appointed in the grade of second lieutenant or ensign, or if 
     they meet promotion criteria prescribed by the Secretary 
     concerned, in the grade of first lieutenant or lieutenant 
     (junior grade), and shall serve on active duty with full pay 
     and allowances of an officer in the applicable grade for a 
     period of 45 days during each year of participation in the 
     program. Any prior service of such persons on active duty 
     shall be deemed, for pay purposes, to have been service as a 
     warrant officer.''.
       (2) Service credit.--Subsection (a) of section 2126 of such 
     title is amended to read as follows:
       ``(a) Service Not Creditable.--Except as provided in 
     subsection (b), service performed while a member of the 
     program shall not be counted in determining eligibility for 
     retirement other than by reason of a physical disability 
     incurred while on active duty as a member of the program.''.
       (c) Officers Detailed as Students at Medical Schools.--
     Subsection (a) of section 2004a of such title is amended by 
     adding at the end the following new sentences: ``An officer 
     detailed under this section shall serve on active duty, 
     subject to the limitations on grade specified in section 
     2114(b) of this title. Any prior active service of such an 
     officer shall be deemed, for pay purposes, to have been 
     served as a warrant officer.''.

     SEC. 552. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN ANY 
                   STATE UNDER STARBASE PROGRAM.

       (a) Expansion.--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''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2007.

[[Page S12584]]

     SEC. 553. 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. 554. TREATMENT OF SOUTHOLD, MATTITUCK, AND GREENPORT 
                   HIGH SCHOOLS, SOUTHOLD, NEW YORK, AS SINGLE 
                   INSTITUTION FOR PURPOSES OF MAINTAINING A 
                   JUNIOR RESERVE OFFICERS' TRAINING CORPS UNIT.

       Southold High School, Mattituck High School, and Greenport 
     High School, located in Southold, New York, may be treated as 
     a single institution for purposes of the maintenance of a 
     unit of the Junior Reserve Officers' Training Corps of the 
     Navy.

     SEC. 555. AUTHORITY OF THE AIR UNIVERSITY TO CONFER 
                   ADDITIONAL ACADEMIC DEGREES.

       Section 9317(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraphs:
       ``(5) The degree of doctor of philosophy in strategic 
     studies upon graduates of the School of Advanced Airpower 
     Studies who fulfill the requirements for that degree in 
     manner consistent with the guidelines of the Department of 
     Education and the principles of the regional accrediting body 
     for Air University.
       ``(6) The degree of master of air, space, and cyberspace 
     studies upon graduates of Air University 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 Air 
     University.
       ``(7) The degree of master of flight test engineering 
     science 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 Air University.''.

     SEC. 556. NURSE MATTERS.

       (a) In General.--The Secretary of Defense may provide for 
     the carrying out of each of the programs described in 
     subsections (b) through (f).
       (b) Service of Nurse Officers as Faculty in Exchange for 
     Commitment to Additional Service in the Armed Forces.--
       (1) In general.--One of the programs under this section may 
     be a program in which covered commissioned officers with a 
     graduate degree in nursing or a related field who are in the 
     nurse corps of the Armed Force concerned serve a tour of duty 
     of two years as a full-time faculty member of an accredited 
     school of nursing.
       (2) Covered officers.--A commissioned officer of the nurse 
     corps of the Armed Forces described in this paragraph is a 
     nurse officer on active duty who has served for more than 
     nine years on active duty in the Armed Forces as an officer 
     of the nurse corps at the time of the commencement of the 
     tour of duty described in paragraph (1).
       (3) Benefits and privileges.--An officer serving on the 
     faculty of an accredited school or nursing under this 
     subsection shall be accorded all the benefits, privileges, 
     and responsibilities (other than compensation and 
     compensation-related benefits) of any other comparably 
     situated individual serving a full-time faculty member of 
     such school.
       (4) Agreement for additional service.--Each officer who 
     serves a tour of duty on the faculty of a school of nursing 
     under this subsection shall enter into an agreement with the 
     Secretary to serve upon the completion of such tour of duty 
     for a period of four years for such tour of duty as a member 
     of the nurse corps of the Armed Force concerned. Any service 
     agreed to by an officer under this paragraph is in addition 
     to any other service required of the officer under law.
       (c) Service of Nurse Officers as Faculty in Exchange for 
     Scholarships for Nurse Officer Candidates.--
       (1) In general.--One of the programs under this section may 
     be a program in which commissioned officers with a graduate 
     degree in nursing or a related field who are in the nurse 
     corps of the Armed Force concerned serve while on active duty 
     a tour of duty of two years as a full-time faculty member of 
     an accredited school of nursing.
       (2) Benefits and privileges.--An officer serving on the 
     faculty of an accredited school of nursing under this 
     subsection shall be accorded all the benefits, privileges, 
     and responsibilities (other than compensation and 
     compensation-related benefits) of any other comparably 
     situated individual serving as a full-time faculty member of 
     such school.
       (3) Scholarships for nurse officer candidates.--(A) Each 
     accredited school of nursing at which an officer serves on 
     the faculty under this subsection shall provide scholarships 
     to individuals undertaking an educational program at such 
     school leading to a degree in nursing who agree, upon 
     completion of such program, to accept a commission as an 
     officer in the nurse corps of the Armed Forces.
       (B) The total amount of funds made available for 
     scholarships by an accredited school of nursing under 
     subparagraph (A) for each officer serving on the faculty of 
     that school under this subsection shall be not less than the 
     amount equal to an entry-level full-time faculty member of 
     that school for each year that such officer so serves on the 
     faculty of that school.
       (C) The total number of scholarships provided by an 
     accredited school of nursing under subparagraph (A) for each 
     officer serving on the faculty of that school under this 
     subsection shall be such number as the Secretary of Defense 
     shall specify for purposes of this subsection.
       (d) Scholarships for Certain Nurse Officers for Education 
     as Nurses.--
       (1) In general.--One of the programs under this section may 
     be a program in which the Secretary provides scholarships to 
     commissioned officers of the nurse corps of the Armed Force 
     concerned described in paragraph (2) who enter into an 
     agreement described in paragraph (4) for the participation of 
     such officers in an educational program of an accredited 
     school of nursing leading to a graduate degree in nursing.
       (2) Covered nurse officers.--A commissioned officer of the 
     nurse corps of the Armed Forces described in this paragraph 
     is a nurse officer who has served not less than 20 years on 
     active duty in the Armed Forces and is otherwise eligible for 
     retirement from the Armed Forces.
       (3) Scope of scholarships.--Amounts in a scholarship 
     provided a nurse officer under this subsection may be 
     utilized by the officer to pay the costs of tuition, fees, 
     and other educational expenses of the officer in 
     participating in an educational program described in 
     paragraph (1).
       (4) Agreement.--An agreement of a nurse officer described 
     in this paragraph is the agreement of the officer--
       (A) to participate in an educational program described in 
     paragraph (1); and
       (B) upon graduation from such educational program--
       (i) to serve not less than two years as a full-time faculty 
     member of an accredited school of nursing; and
       (ii) to undertake such activities as the Secretary 
     considers appropriate to encourage current and prospective 
     nurses to pursue service in the nurse corps of the Armed 
     Forces.
       (e) Transition Assistance for Retiring Nurse Officers 
     Qualified as Faculty.--
       (1) In general.--One of the programs under this section may 
     be a program in which the Secretary provides to commissioned 
     officers of the nurse corps of the Armed Force concerned 
     described in paragraph (2) the assistance described in 
     paragraph (3) to assist such officers in obtaining and 
     fulfilling positions as full-time faculty members of an 
     accredited school of nursing after retirement from the Armed 
     Forces.
       (2) Covered nurse officers.--A commissioned officer of the 
     nurse corps of the Armed Forces described in this paragraph 
     is a nurse officer who--
       (A) has served an aggregate of at least 20 years on active 
     duty or in reserve active status in the Armed Forces;
       (B) is eligible for retirement from the Armed Forces; and
       (C) possesses a doctoral or master degree in nursing or a 
     related field which qualifies the nurse officer to discharge 
     the position of nurse instructor at an accredited school of 
     nursing.
       (3) Assistance.--The assistance described in this paragraph 
     is assistance as follows:
       (A) Career placement assistance.
       (B) Continuing education.
       (C) Stipends (in an amount specified by the Secretary).
       (4) Agreement.--A nurse officer provided assistance under 
     this subsection shall enter into an agreement with the 
     Secretary to serve as a full-time faculty member of an 
     accredited school of nursing for such period as the Secretary 
     shall provide in the agreement.
       (f) Benefits for Retired Nurse Officers Accepting 
     Appointment as Faculty.--
       (1) In general.--One of the programs under this section may 
     be a program in which the Secretary provides to any 
     individual described in paragraph (2) the benefits specified 
     in paragraph (3).
       (2) Covered individuals.--An individual described in this 
     paragraph is an individual who--
       (A) is retired from the Armed Forces after service as a 
     commissioned officer in the nurse corps of the Armed Forces;
       (B) holds a graduate degree in nursing; and
       (C) serves as a full-time faculty member of an accredited 
     school of nursing.
       (3) Benefits.--The benefits specified in this paragraph 
     shall include the following:
       (A) Payment of retired or retirement pay without reduction 
     based on receipt of pay or other compensation from the 
     institution of higher education concerned.
       (B) Payment by the institution of higher education 
     concerned of a salary and other compensation to which other 
     similarly situated faculty members of the institution of 
     higher education would be entitled.
       (C) If the amount of pay and other compensation payable by 
     the institution of higher education concerned for service as 
     an associate full-time faculty member is less than the basic 
     pay to which the individual was entitled immediately before 
     retirement from the Armed Forces, payment of an amount equal 
     to the difference between such basic pay and such payment and 
     other compensation.
       (g) Administration and Duration of Programs.--
       (1) In general.--The Secretary shall establish requirements 
     and procedures for the administration of the programs 
     authorized by this section. Such requirements and procedures 
     shall include procedures for selecting participating schools 
     of nursing.
       (2) Duration.--Any program carried out under this section 
     shall continue for not less than two years.
       (3) Assessment.--Not later than two years after commencing 
     any program under this section, the Secretary shall assess 
     the results of such program and determine whether or not to 
     continue such program. The assessment of any program shall be 
     based on measurable criteria, information concerning results, 
     and such other matters as the Secretary considers 
     appropriate.
       (4) Continuation.--The Secretary may continue carrying out 
     any program under this section that the Secretary determines, 
     pursuant to an assessment under paragraph (3), to continue to 
     carry out. In continuing to carry out a program, the 
     Secretary may modify the terms of the

[[Page S12585]]

     program within the scope of this section. The continuation of 
     any program may include its expansion to include additional 
     participating schools of nursing.
       (h) Definitions.--In this section, the terms ``school of 
     nursing'' and ``accredited'' have the meaning given those 
     terms in section 801 of the Public Health Service Act (42 
     U.S.C. 296).

     SEC. 557. 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''.

           Subtitle E--Defense Dependents' Education Matters

     SEC. 561. 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, $35,000,000 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. 562. 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. 563. 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. 564. AUTHORITY FOR PAYMENT OF PRIVATE BOARDING SCHOOL 
                   TUITION FOR MILITARY DEPENDENTS IN OVERSEAS 
                   AREAS NOT SERVED BY DEPARTMENT OF DEFENSE 
                   DEPENDENTS' SCHOOLS.

       Section 1407(b)(1) of the Defense Dependents' Education Act 
     of 1978 (20 U.S.C. 926(b)(1)) is amended in the first 
     sentence by inserting ``, including private boarding schools 
     in the United States,'' after ``subsection (a)''.

     SEC. 565. HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.

       (a) In General.--For fiscal year 2008 and each succeeding 
     fiscal year, the Secretary of Education shall--
       (1) deem each local educational agency that was eligible to 
     receive a fiscal year 2007 basic support payment for heavily 
     impacted local educational agencies under section 8003(b)(2) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7703(b)(2)) as eligible to receive a basic support 
     payment for heavily impacted local educational agencies under 
     such section for the fiscal year for which the determination 
     is made under this subsection; and
       (2) make a payment to such local educational agency under 
     such section for such fiscal year.
       (b) Effective Dates.--Subsection (a) shall remain in effect 
     until the date that a Federal statute is enacted authorizing 
     the appropriations for, or duration of, any program under 
     title VIII of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7701 et seq.) for fiscal year 2008 or any 
     succeeding fiscal year.

     SEC. 566. EMERGENCY ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES 
                   ENROLLING MILITARY DEPENDENT CHILDREN.

       (a) Short Title.--This section may be cited as the ``Help 
     for Military Children Affected by War Act of 2007''.
       (b) Assistance Authorized.--The Secretary of Defense may 
     provide assistance to eligible local educational agencies for 
     the additional education, counseling, and other needs of 
     military dependent children who are affected by war-related 
     action.
       (c) Definitions.--In this section:
       (1) Eligible local educational agency.--The term ``eligible 
     local educational agency'' means a local educational agency 
     that--
       (A) has a number of military dependent children in average 
     daily attendance in the schools served by the local 
     educational agency during the current school year, determined 
     in consultation with the Secretary of Education, that--
       (i) equaled or exceeded 20 percent of the number of all 
     children in average daily attendance in the schools served by 
     such agency during the current school year; or
       (ii) is 1,000 or more,
     whichever is less; and
       (B) is designated by the Secretary of Defense as impacted 
     by--
       (i) Operation Iraqi Freedom;
       (ii) Operation Enduring Freedom; or
       (iii) the global rebasing plan of the Department of 
     Defense.
       (2) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (3) Military dependent child.--The term ``military 
     dependent child''--
       (A) means a child described in subparagraph (B) or (D)(i) 
     of section 8003(a)(1) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7703(a)(1)); and
       (B) includes a child--
       (i) who resided on Federal property with a parent on active 
     duty in the National Guard or Reserve; or
       (ii) who had a parent on active duty in the National Guard 
     or Reserve but did not reside on Federal property.
       (d) Assistance.--Assistance provided under this section may 
     be used for--
       (1) tutoring, after-school, and dropout prevention 
     activities for military dependent children with a parent who 
     is or has been impacted by war-related action described in 
     clause (i), (ii), or (iii) of subsection (c)(1)(B);
       (2) professional development of teachers, principals, and 
     counselors on the needs of military dependent children with a 
     parent who is or has been impacted by war-related action 
     described in clause (i), (ii), or (iii) of subsection 
     (c)(1)(B); and
       (3) counseling and other comprehensive support services for 
     military dependent children with a parent who is or has been 
     impacted by war-related action described in clause (i), (ii), 
     or (iii) of subsection (c)(1)(B), including the subsidization 
     of a percentage of hiring of a military-school liaison.

       Subtitle F--Military Justice and Legal Assistance Matters

     SEC. 571. 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 oaths.''.

     SEC. 572. MILITARY LEGAL ASSISTANCE FOR DEPARTMENT OF DEFENSE 
                   CIVILIAN EMPLOYEES IN AREAS WITHOUT ACCESS TO 
                   NON-MILITARY LEGAL ASSISTANCE.

       Section 1044(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(6) Civilian employees of the Department of Defense in 
     locations where legal assistance from non-military legal 
     assistance providers is not reasonably available.''.

     SEC. 573. 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) Conforming and clerical amendments.--(A) The heading of 
     such section is amended by striking ``ASSISTANT JUDGE 
     ADVOCATE GENERAL'' and inserting ``DEPUTY JUDGE ADVOCATE 
     GENERAL''.
       (B) The table of sections at the beginning of chapter 305 
     of such title is amended in the item relating to section 3037 
     by striking ``Assistant Judge Advocate General'' and 
     inserting ``Deputy Judge Advocate General''.
       (b) Grade of Judge Advocate General of the Navy.--Section 
     5148(b) of such title is amended in subsection 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) Exclusion From Active-Duty General and Flag Officer 
     Strength and Distribution Limitations.--Section 525(b) of 
     such title is

[[Page S12586]]

     amended by adding at the end the following new paragraph:
       ``(9) An officer while serving as the Judge Advocate 
     General of the Army, the Judge Advocate General of the Navy, 
     or the Judge Advocate General of the Air Force is in addition 
     to the number that would otherwise be permitted for that 
     officer's armed force for officers serving on active duty in 
     grades above major general or rear admiral under paragraph 
     (1) or (2), as applicable.''.
       (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.''.

                 Subtitle G--Military Family Readiness

     SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS 
                   COUNCIL.

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

     ``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 
     (hereafter in this section referred to as the `Council').
       ``(b) Members.--(1) The members of the Council shall be the 
     following:
       ``(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, the Navy, the 
     Marine Corps, and the Air Force, who shall be appointed by 
     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), of whom not less than 
     two shall be members of the family of an enlisted member of 
     the armed forces.
       ``(D) In addition to the members appointed under 
     subparagraphs (B) and (C), eight individuals appointed by the 
     Secretary of Defense, of whom--
       ``(i) one shall be a commissioned officer of the Army or 
     spouse of a commissioned officer of the Army, and one shall 
     be an enlisted member of the Army or spouse of an enlisted 
     member of the Army, except that of the individuals appointed 
     under this clause at any particular time, one shall be a 
     member of the Army and the other shall be a spouse of a 
     member of the Army;
       ``(ii) one shall be a commissioned officer of the Navy or 
     spouse of a commissioned officer of the Navy, and one shall 
     be an enlisted member of the Navy or spouse of an enlisted 
     member of the Navy, except that of the individuals appointed 
     under this clause at any particular time, one shall be a 
     member of the Navy and the other shall be a spouse of a 
     member of the Navy;
       ``(iii) one shall be a commissioned officer of the Marine 
     Corps or spouse of a commissioned officer of the Marine 
     Corps, and one shall be an enlisted member of the Marine 
     Corps or spouse of an enlisted member of the Marine Corps, 
     except that of the individuals appointed under this clause at 
     any particular time, one shall be a member of the Marine 
     Corps and the other shall be a spouse of a member of the 
     Marine Corps; and
       ``(iv) one shall be a commissioned officer of the Air Force 
     or spouse of a commissioned officer of the Air Force, and one 
     shall be an enlisted member of the Air Force or spouse of an 
     enlisted member of the Air Force, except that of the 
     individuals appointed under this clause at any particular 
     time, one shall be a member of the Air Force and the other 
     shall be a spouse of a member of the 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. Not more than one meeting of the Council 
     each year shall be in the National Capital Region.
       ``(d) Duties.--The duties of the Council shall include the 
     following:
       ``(1) To review and make recommendations to the Secretary 
     of Defense on 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.''.
       (b) 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 item:

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

     SEC. 582. DEPARTMENT OF DEFENSE POLICY AND PLANS FOR MILITARY 
                   FAMILY READINESS.

       (a) Policy and Plans Required.--
       (1) In general.--Subchapter I of chapter 88 of title 10, 
     United States Code, as amended by section 581 of this Act, is 
     further amended by inserting after section 1781a the 
     following new section:

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

       ``(a) In General.--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 ensure that the goal of military family readiness 
     is 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 in 
     the most effective possible manner throughout the Department.
       ``(c) Elements of Policy.--The policy required under 
     subsection (a) shall include the following elements:
       ``(1) A definition for treating a program or activity of 
     the Department of Defense as a military family readiness 
     program or activity.
       ``(2) Department of Defense-wide goals for military family 
     support, both for military families of members of the regular 
     components and military families of members of the reserve 
     components.
       ``(3) Requirements for joint programs and activities for 
     military family support.
       ``(4) Policies on access to military family support 
     programs and activities based on military family populations 
     served and geographical location.
       ``(5) Metrics to measure the performance and effectiveness 
     of the military family readiness programs and activities of 
     the Department of Defense.
       ``(d) Elements of Plans.--(1) Each plan under required 
     under subsection (a) shall include the elements specified in 
     paragraph (2) for the five-fiscal year period beginning with 
     the fiscal year in which such plan is submitted under 
     paragraph (3).
       ``(2) The elements in each plan required under subsection 
     (a) shall include, for the period covered by such plan, the 
     following:
       ``(A) An ongoing identification and assessment of the 
     effectiveness of the military family readiness programs and 
     activities of the Department of Defense in meeting goals for 
     such programs and activities, which assessment shall evaluate 
     such programs and activities separately for each military 
     department and for each regular component and each reserve 
     component.
       ``(B) A description of the resources required to support 
     the military family readiness programs and activities of the 
     Department of Defense, including the military personnel, 
     civilian personnel, and volunteer personnel so required.
       ``(C) An ongoing identification in gaps in the military 
     family readiness programs and activities of the Department of 
     Defense, and an ongoing identification of the resources 
     required to address such gaps.
       ``(D) Mechanisms to apply the metrics developed under 
     subsection (c)(5).
       ``(E) 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.

[[Page S12587]]

       ``(3) 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 beginning in the year in which 
     such report is submitted. Each report shall include the plans 
     covered by such report and an assessment of the discharge by 
     the Department of Defense of the previous plans submitted 
     under this subsection.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter I of chapter 88 of such title, as so 
     amended, is further amended by inserting after the item 
     relating to section 1781a the following new item:

``1781b. Department of Defense policy and plans for military family 
              readiness.''.
       (3) Report on policy.--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 this subsection), 
     not later than February 1, 2009.
       (b) Surveys of Military Families.--Section 1782(a) of title 
     10, United States Code, is amended--
       (1) in the heading, by striking ``Authority'' and inserting 
     ``In General''; and
       (2) by striking ``may conduct surveys'' in the matter 
     preceding paragraph (1) and inserting ``shall, in fiscal year 
     2009 and not less often than once every three fiscal years 
     thereafter, conduct surveys''.

     SEC. 583. FAMILY SUPPORT FOR FAMILIES OF MEMBERS OF THE ARMED 
                   FORCES UNDERGOING DEPLOYMENT, INCLUDING 
                   NATIONAL GUARD AND RESERVE PERSONNEL.

       (a) Family Support.--
       (1) In general.--The Secretary of Defense shall enhance and 
     improve current programs of the Department of Defense to 
     provide family support for families of deployed members of 
     the Armed Forces, including deployed members of the National 
     Guard and Reserve, in order to improve the assistance 
     available for families of such members before, during, and 
     after their deployment cycle.
       (2) Specific enhancements.--In enhancing and improving 
     programs under paragraph (1), the Secretary shall enhance and 
     improve the availability of assistance to families of members 
     of the Armed Forces, including members of the National Guard 
     and Reserve, including assistance in--
       (A) preparing and updating family care plans;
       (B) securing information on health care and mental health 
     care benefits and services and on other community resources;
       (C) providing referrals for--
       (i) crisis services; and
       (ii) marriage counseling and family counseling; and
       (D) financial counseling.
       (b) Post-Deployment Assistance for Spouses and Parents of 
     Returning Members.--
       (1) In general.--The Secretary of Defense shall provide 
     spouses and parents of members of the Armed Forces, including 
     members of the National Guard and Reserve, who are returning 
     from deployment assistance in--
       (A) understanding issues that arise in the readjustment of 
     such members--
       (i) for members of the National Guard and Reserve, to 
     civilian life; and
       (ii) for members of the regular components of the Armed 
     Forces, to military life in a non-combat environment;
       (B) identifying signs and symptoms of mental health 
     conditions; and
       (C) encouraging such members and their families in seeking 
     assistance for such conditions.
       (2) Information on available resources.--In providing 
     assistance under paragraph (1), the Secretary shall provide 
     information on local resources for mental health services, 
     family counseling services, or other appropriate services, 
     including services available from both military providers of 
     such services and community-based providers of such services.
       (3) Timing.--The Secretary shall provide resources under 
     paragraph (1) to a member of the Armed Forces approximately 
     six months after the date of the return of such member from 
     deployment.

     SEC. 584. SUPPORT SERVICES FOR CHILDREN, INFANTS, AND 
                   TODDLERS OF MEMBERS OF THE ARMED FORCES 
                   UNDERGOING DEPLOYMENT, INCLUDING NATIONAL GUARD 
                   AND RESERVE PERSONNEL.

       (a) Enhancement of Support Services for Children.--The 
     Secretary of Defense shall--
       (1) provide information to parents and other caretakers of 
     children, including infants and toddlers, who are deployed 
     members of the Armed Forces to assist such parents and 
     caretakers in responding to the adverse implications of such 
     deployment (and the death or injury of such members during 
     such deployment) for such children, including the role such 
     parents and caretakers can play in addressing and mitigating 
     such implications;
       (2) develop programs and activities to increase awareness 
     throughout the military and civilian communities of the 
     potential adverse implications of such deployment (including 
     the death or injury of such members during such deployment) 
     for such children and their families and to increase 
     collaboration within such communities to address and mitigate 
     such implications;
       (3) develop training for early childhood education, child 
     care, 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 potential adverse implications of such 
     deployment (including the death or injury of such members 
     during such deployment) for such children; and
       (4) conduct or sponsor research on best practices for 
     building psychological and emotional resiliency in such 
     children in coping with the deployment of such members.
       (b) Reports.--
       (1) Reports required.--At the end of the 18-month period 
     beginning on the date of the enactment of this Act, and at 
     the end of the 36-month period beginning on that date, the 
     Secretary of Defense shall submit to Congress a report on the 
     services provided under subsection (a).
       (2) Elements.--Each report under paragraph (1) shall 
     include the following:
       (A) An assessment of the extent to which outreach to 
     parents and other caretakers of children, or infants and 
     toddlers, as applicable, of members of the Armed Forces was 
     effective in reaching such parents and caretakers and in 
     mitigating any adverse effects of the deployment of such 
     members on such children or infants and toddlers.
       (B) An assessment of the effectiveness of training 
     materials for education, mental health, health, and family 
     support professionals in increasing awareness of their role 
     in assisting families in addressing and mitigating the 
     adverse effects on children, or infants and toddlers, of the 
     deployment of deployed members of the Armed Forces, including 
     National Guard and Reserve personnel.
       (C) A description of best practices identified for building 
     psychological and emotional resiliency in children, or 
     infants and toddlers, in coping with the deployment of 
     deployed members of the Armed Forces, including National 
     Guard and Reserve personnel.
       (D) A plan for dissemination throughout the military 
     departments of the most effective practices for outreach, 
     training, and building psychological and emotional resiliency 
     in the children of deployed members.

     SEC. 585. STUDY ON IMPROVING SUPPORT SERVICES FOR CHILDREN, 
                   INFANTS, AND TODDLERS OF MEMBERS OF THE ACTIVE 
                   AND RESERVE COMPONENTS UNDERGOING DEPLOYMENT.

       (a) Study Required.--
       (1) Study.--The Secretary of Defense shall conduct a study 
     to evaluate the feasibility and advisability of entering into 
     a contract or other agreement with a private sector entity 
     having expertise in the health and well-being of families and 
     children, infants, and toddlers in order to enhance and 
     develop support services for children of members of the 
     Active and Reserve Components who are deployed.
       (2) Types of support services.--In conducting the study, 
     the Secretary shall consider the need--
       (A) to develop materials for parents and other caretakers 
     of children of members of the Active and Reserve Components 
     who are deployed to assist such parents and caretakers in 
     responding to the adverse implications of such deployment 
     (and the death or injury of such members during such 
     deployment) for such children, including the role such 
     parents and caretakers can play in addressing and mitigating 
     such implications;
       (B) to develop programs and activities to increase 
     awareness throughout the military and civilian communities of 
     the adverse implications of such deployment (and the death or 
     injury of such members during such deployment) for such 
     children and their families and to increase collaboration 
     within such communities to address and mitigate such 
     implications;
       (C) to develop 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 (and the death or 
     injury of such members during such deployment) for such 
     children; and
       (D) to conduct research on best practices for building 
     psychological and emotional resiliency in such children in 
     coping with the deployment of such members.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report containing the results of the study 
     conducted under subsection (a).

     SEC. 586. STUDY ON ESTABLISHMENT OF PILOT PROGRAM ON FAMILY-
                   TO-FAMILY SUPPORT FOR FAMILIES OF DEPLOYED 
                   MEMBERS OF THE ACTIVE AND RESERVE COMPONENTS.

       (a) Study.--The Secretary of Defense shall carry out a 
     study to evaluate the feasibility and advisability of 
     establishing a pilot program on family-to-family support for 
     families of deployed members of the Active and Reserve 
     Components. The study shall include an assessment of the 
     following:
       (1) The effectiveness of family-to-family support programs 
     in--
       (A) providing peer support for families of deployed members 
     of the Active and Reserve Components;
       (B) identifying and preventing family problems in such 
     families;
       (C) reducing adverse outcomes for children of such 
     families, including poor academic performance, behavioral 
     problems, stress, and anxiety; and
       (D) improving family readiness and post-deployment 
     transition for such families.
       (2) The feasibility and advisability of utilizing spouses 
     of members of the Armed Forces as counselors for families of 
     deployed members of the Active and Reserve Components, in 
     order to assist such families in coping throughout the 
     deployment cycle.
       (3) Best practices for training spouses of members of the 
     Armed Forces to act as counselors for families of deployed 
     members of the Active and Reserve Components.

[[Page S12588]]

       (b) Report.--The Secretary of Defense shall submit to 
     Congress a report containing the results of the study 
     conducted under subsection (a) not later than 180 days after 
     the date of the enactment of this Act.

     SEC. 587. PILOT PROGRAM ON MILITARY FAMILY READINESS AND 
                   SERVICEMEMBER REINTEGRATION.

       (a) Pilot Program.--
       (1) In general.--The Secretary of Defense shall carry out a 
     pilot program to assess the feasibility and advisability of 
     providing assistance and support to the Adjutant General of a 
     State or territory of the United States to create 
     comprehensive soldier and family preparedness and 
     reintegration outreach programs for members of the Armed 
     Forces and their families to further the purposes described 
     in section 1781b(b) of title 10, United States Code, as added 
     by section 582(a) of this Act.
       (2) Coordination.--In carrying out the pilot program, the 
     Secretary shall--
       (A) coordinate with the Department of Defense Military 
     Family Readiness Council (established under section 1781a of 
     title, United States Code, as added by section 581 of this 
     Act); and
       (B) consult with the Secretary of Veterans Affairs.
       (3) Designation.--The pilot program established pursuant to 
     paragraph (1) shall be known as the ``National Military 
     Family Readiness and Servicemember Reintegration Outreach 
     Program'' (in this section referred to as ``the pilot 
     program'').
       (b) Assistance Provided.--The Secretary shall carry out the 
     pilot program through assistance and support to the Adjutant 
     General of a State or territory of the United States.
       (c) Purpose of Assistance and Support.--
       (1) The pilot program 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 that meet the 
     purposes of section 1781b(b) of title 10, United States Code, 
     as added by section 582(a) of this Act, and to assist such 
     members and their family members in obtaining such assistance 
     and services. Such assistance and services may include the 
     following:
       (A) Marriage counseling.
       (B) Services for children.
       (C) Suicide prevention.
       (D) Substance abuse awareness and treatment.
       (E) Mental health awareness and treatment.
       (F) Financial counseling.
       (G) Anger management counseling.
       (H) Domestic violence awareness and prevention.
       (I) Employment assistance.
       (J) Development of strategies for living with a member of 
     the Armed Forces with post traumatic stress disorder or 
     traumatic brain injury.
       (K) 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.
       (L) Assisting members of the Armed Forces and their 
     families find and receive assistance with military family 
     readiness and servicemember reintegration, including referral 
     services.
       (M) 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.
       (N) Assisting members of the Armed Forces and their 
     families in receiving services and assistance from the 
     Department of Veterans Affairs, including referral services.
       (2) Provision of outreach services.--A recipient of a grant 
     under this section shall carry out programs of outreach in 
     accordance with paragraph (1) to members of the Armed Forces 
     and their families before, during, between, and after 
     deployment of such members of the Armed Forces.
       (d) Selection of Grant Recipients.--
       (1) Application.--An eligible entity seeking a grant under 
     the pilot program shall submit to the Secretary an 
     application therefor in such form and in such manner as the 
     Secretary considers appropriate.
       (2) Elements.--An application submitted under subparagraph 
     (A) shall include such elements as the Secretary considers 
     appropriate.
       (3) Priority.--In selecting eligible entities to receive 
     grants under the pilot program, the Secretary shall give 
     priority to eligible entities that propose programs with a 
     focus on personal outreach to members of the Armed Forces and 
     their families by trained staff (with preference given to 
     veterans and, in particular, veterans of combat) conducted in 
     person.

                       Subtitle H--Other Matters

     SEC. 591. ENHANCEMENT OF CARRYOVER OF ACCUMULATED LEAVE FOR 
                   MEMBERS OF THE ARMED FORCES.

       (a) Increase in Accumulation of Carryover Amount.--
       (1) In general.--Subsection (b) of section 701 of title 10, 
     United States Code, is amended by striking ``60 days'' and 
     inserting ``90 days''.
       (2) High deployment members.--Paragraph (1) of subsection 
     (f) of such section is amended--
       (A) by striking ``60 days'' each place it appears and 
     inserting ``90 days''; and
       (B) in subparagraph (C), by striking ``third fiscal year'' 
     and inserting ``fourth fiscal year''.
       (3) Members serving in support of contingency operations.--
     Paragraph (2) of subsection (f) of such section is amended by 
     striking ``except for this paragraph--'' and all that follows 
     and inserting ``except for this paragraph, would lose any 
     accumulated leave in excess of 90 days at the end of that 
     fiscal year, 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.''.
       (4) Conforming amendments.--Subsection (g) of such section 
     is amended--
       (A) by striking ``60-day'' and inserting ``90-day''; and
       (B) by striking ``90-day'' and inserting ``120-day''.
       (b) 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.''.
       (c) Effective Date.--
       (1) Increase in accumulation.--The amendments made by 
     subsection (a) shall take effect on October 1, 2008.
       (2) Pay.--The amendment made by subsection (b) shall take 
     effect on the date of the enactment of this Act.

     SEC. 592. UNIFORM POLICY ON PERFORMANCES BY MILITARY BANDS.

       (a) In General.--Chapter 49 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 988. Performances by military bands

       ``(a) In General.--Department of Defense bands, ensembles, 
     choruses, or similar musical units, including individual 
     members thereof 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) Performance of Music in Competition With Local 
     Civilian Musicians Defined.--In this section, the term 
     `performance of music in competition with local civilian 
     musicians'--
       ``(1) includes--
       ``(A) a performance of music that is more than incidental 
     to an event that is not supported solely by appropriated 
     funds or free to the public; and
       ``(B) a performance of background, dinner, dance, or other 
     social music at any event, regardless of location, that is 
     not supported solely by appropriated funds; but
       ``(2) does not include a performance of music--
       ``(A) at an official Federal Government event that is 
     supported solely by appropriated funds;
       ``(B) at a concert, parade, or other event of a patriotic 
     nature (including a celebration of a national holiday) that 
     is free to the public; or
       ``(C) that is incidental to an event that is not supported 
     solely by appropriated funds, including a short performance 
     of military or patriotic music at the beginning or end of an 
     event, if the performance complies with such regulations as 
     the Secretary of Defense shall prescribe for purposes of this 
     section.
       ``(c) Members of Department of Defense Bands Performing in 
     Personal Capacity.--A member of a Department of Defense band, 
     ensemble, chorus, or similar musical unit may perform music 
     in the member's personal capacity, as an individual or part 
     of a group, whether for remuneration or otherwise, if in so 
     performing the member does not wear a military uniform or 
     otherwise identify the member as a member of the Department 
     of Defense, as provided in applicable regulations and 
     standards of conduct.
       ``(d) Recordings.--(1) When authorized pursuant to 
     regulations prescribed by the Secretary of Defense for 
     purposes of this section, Department of Defense bands, 
     ensembles, choruses, or similar musical units may produce 
     recordings for distribution to the public, at a cost not to 
     exceed production and distribution expenses.
       ``(2) Amounts received in payment for recording 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.''.
       (b) Conforming Repeals.--Sections 3634, 6223, and 8634 of 
     such title are repealed.
       (c) Clerical Amendments.--
       (1) The table of sections at the beginning of chapter 49 of 
     such title is amended by adding at the end the following new 
     item:

``988. Performances by military bands.''.

       (2) The table of sections at the beginning of chapter 349 
     of such title is amended by striking the item relating to 
     section 3634.
       (3) The table of sections at the beginning of chapter 565 
     of such title is amended by striking the item relating to 
     section 6223.
       (4) The table of sections at the beginning of chapter 849 
     of such title is amended by striking the item relating to 
     section 8634.

     SEC. 593. WAIVER OF TIME LIMITATIONS ON AWARD OF MEDALS OF 
                   HONOR TO CERTAIN MEMBERS OF THE ARMY.

       (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 
     military service, the President may award the Medal of Honor 
     under section 3741 of that title to any of the persons named 
     in subsections (b), (c), (d), (e), and (f) for the acts of 
     valor referred to in the respective subsections.
       (b) Woodrow Keeble.--Subsection (a) applies with respect to 
     Woodrow W. Keeble, for conspicuous acts of gallantry and 
     intrepidity at the risk of his life above and beyond the call 
     of duty as an acting platoon leader on October 20, 1950, 
     during the Korean War.
       (c) Leslie Sabo, Jr.--Subsection (a) applies with respect 
     to Leslie H. Sabo, Jr., for conspicuous acts of gallantry and 
     intrepidity at the

[[Page S12589]]

     risk of his life above and beyond the call of duty on May 10, 
     1970, as an Army soldier, serving in the grade of Specialist 
     Grade Four in Vietnam, with Company B, 3d Battalion, 506th 
     Infantry Regiment, 101st Airborne Division.
       (d) Philip Shadrach.--Subsection (a) applies with respect 
     to Philip G. Shadrach, for conspicuous acts of gallantry and 
     intrepidity at the risk of his life above and beyond the call 
     of duty on April 12, 1862, as a Union Soldier, serving in the 
     grade of Private during the Civil War, with Company K, 2nd 
     Ohio Volunteer Infantry Regiment.
       (e) Henry Svehla.--Subsection (a) applies with respect to 
     Henry Svehla, for conspicuous acts of gallantry and 
     intrepidity at the risk of his life above and beyond the call 
     of duty on June 12, 1952, as an Army soldier, serving in the 
     grade of Private First Class in Korea, with Company F, 32d 
     Infantry Regiment, 7th Infantry Division.
       (f) George Wilson.--Subsection (a) applies with respect to 
     George D. Wilson, for conspicuous acts of gallantry and 
     intrepidity at the risk of his life above and beyond the call 
     of duty on April 12, 1862, as a Union Soldier, serving in the 
     grade of Private during the Civil War, with Company B, 2nd 
     Ohio Volunteer Infantry Regiment.

     SEC. 594. 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''.

     SEC. 595. DEMONSTRATION PROJECTS ON THE PROVISION OF SERVICES 
                   TO MILITARY DEPENDENT CHILDREN WITH AUTISM.

       (a) Demonstration Projects Authorized.--
       (1) In general.--The Secretary of Defense may conduct one 
     or more demonstration projects to evaluate improved 
     approaches to the provision of education and treatment 
     services to military dependent children with autism.
       (2) Purpose.--The purpose of any demonstration project 
     carried out under this section shall be to evaluate 
     strategies for integrated treatment and case manager services 
     that include 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.
       (b) Review of Best Practices.--In carrying out 
     demonstration projects under this section, the Secretary of 
     Defense shall, in coordination with the Secretary of 
     Education, conduct a review of best practices in the United 
     States in the provision of education 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 
     members of the Armed Forces who qualify for enrollment in the 
     Exceptional Family Member Program of the Department of 
     Defense are assigned.
       (c) Elements.--
       (1) Enrollment in exceptional family member program.--
     Military dependent children may participate in a 
     demonstration project under this section only if their 
     military sponsor is enrolled in the Exceptional Family Member 
     Program of the Department of Defense.
       (2) Case managers.--Each demonstration project shall 
     include the assignment of both medical and special education 
     services case managers which shall be required under the 
     Exceptional Family Member Program pursuant to the policy 
     established by the Secretary of Defense.
       (3) Individualized services plan.--Each demonstration 
     project shall provide for the voluntary development for 
     military dependent children with autism participating in such 
     demonstration project of individualized autism services plans 
     for use by Department of Defense medical and special 
     education services case managers, caregivers, and families to 
     ensure continuity of services throughout the active military 
     service of their military sponsor.
       (4) 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 military dependent children with autism who are 
     participating in the demonstration projects; and
       (B) to provide appropriate training in the provision of 
     approved services to such children.
       (5) Services under corporate services provider model.--(A) 
     In carrying out the demonstration projects, the Secretary may 
     utilize a corporate services provider model.
       (B) Employees of a provider under a model referred to in 
     subparagraph (A) shall include personnel who implement 
     special educational and behavioral intervention plans for 
     military dependent children with autism that are developed, 
     reviewed, and maintained by supervisory level providers 
     approved by the Secretary.
       (C) In authorizing such a model, the Secretary shall 
     establish--
       (i) minimum education, training, and experience criteria 
     required to be met by employees who provide services to 
     military dependent children with autism;
       (ii) requirements for supervisory personnel and 
     supervision, including requirements for supervisor 
     credentials and for the frequency and intensity of 
     supervision; and
       (iii) such other requirements as the Secretary considers 
     appropriate to ensure safety and the protection of the 
     children who receive services from such employees under the 
     demonstration projects.
       (6) Construction with other services.--Services provided to 
     military dependent children with autism under the 
     demonstration projects under this section shall be in 
     addition to any other publicly-funded special education 
     services available in a location in which their military 
     sponsor resides.
       (d) Period.--
       (1) Commencement.--If the Secretary determines to conduct 
     demonstration projects under this section, the Secretary 
     shall commence any such demonstration projects not later than 
     180 days after the date of the enactment of this Act.
       (2) Minimum period.--Any demonstration projects conducted 
     under this section shall be conducted for not less than two 
     years.
       (e) Evaluation.--
       (1) In general.--The Secretary shall conduct an evaluation 
     of each demonstration project conducted under this section.
       (2) Elements.--The evaluation of a demonstration project 
     under this subsection shall include the following:
       (A) An assessment of the extent to which the activities 
     under the demonstration project contributed to positive 
     outcomes for military dependent children with autism and 
     their families.
       (B) An assessment of the extent to which the activities 
     under the demonstration project led to improvements in 
     services and continuity of care for children with autism.
       (C) An assessment of the extent to which the activities 
     under the demonstration project improved military family 
     readiness and enhanced military retention.
       (f) Reports.--Not later than 30 months after the 
     commencement of any demonstration project authorized by this 
     section, the Secretary shall submit to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     a report on such demonstration project. The report on a 
     demonstration project shall include a description of such 
     project, the results of the evaluation under subsection (e) 
     with respect to such project, and a description of plans for 
     the further provision of services for military dependent 
     children with autism under such project.

     SEC. 596. ENHANCEMENT OF CERTIFICATE OF RELEASE OR DISCHARGE 
                   FROM ACTIVE DUTY.

       The Secretary of Defense shall, in consultation with the 
     Secretary of Veterans Affairs, modify the Certificate of 
     Release or Discharge from Active Duty (Department of Defense 
     from DD214) in order to permit a member of the Armed Forces, 
     upon discharge or release from active duty in the Armed 
     Forces, to elect the forwarding of the Certificate to the 
     following:
       (1) The Central Office of the Department of Veterans 
     Affairs in Washington, District of Columbia.
       (2) The appropriate office of the United States Department 
     of Veterans in the State in which the member will first 
     reside after such discharge or release.

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

       (a) Clinical Review of Administrative Separations Based on 
     Personality Disorder.--
       (1) Review of separations of certain members.--Not later 
     than 30 days after the date of the enactment of this Act, and 
     continuing until the Secretary of Defense submits to Congress 
     the report required by subsection (b), a covered member of 
     the Armed Forces may not, except as provided in paragraph 
     (2), be administratively separated from the Armed Forces on 
     the basis of a personality disorder.
       (2) Clinical review of proposed separations based on 
     personality disorder.--
       (A) In general.--A covered member of the Armed Forces may 
     be administratively separated from the Armed Forces on the 
     basis of a personality disorder under this paragraph if a 
     clinical review of the case is conducted by a senior officer 
     in the office of the Surgeon General of the Armed Force 
     concerned who is a credentialed mental health provider and 
     who is fully qualified to review cases involving maladaptive 
     behavior (personality disorder), diagnosis and treatment of 
     post-traumatic stress disorder, or other mental health 
     conditions.
       (B) Purposes of review.--The purposes of the review with 
     respect to a member under subparagraph (A) are as follows:
       (i) To determine whether the diagnosis of personality order 
     in the member is correct and fully documented.
       (ii) To determine whether evidence of other mental health 
     conditions (including depression, post-traumatic stress 
     disorder, substance abuse, or traumatic brain injury) 
     resulting from service in a combat zone may exist in the 
     member which indicate that the separation of the member from 
     the Armed Forces on the basis of a personality disorder is 
     inappropriate pending diagnosis and treatment, and, if so, 
     whether initiation of medical board procedures for the member 
     is warranted.
       (b) 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

[[Page S12590]]

     Armed Forces on the basis of a personality disorder, and an 
     identification of the various forms of personality order 
     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 Forces, 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 prematurely or unjustly on the basis of 
     a personality order.
       (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 prematurely or unjustly 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.
       (c) 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 on 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 prematurely or unjustly separated 
     from the Armed Forces on the basis of a personality disorder.
       (d) 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 
     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.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

       (a) Waiver of Section 1009 Adjustment.--The adjustment to 
     become effective during fiscal year 2008 required by section 
     1009 of title 37, United States Code, in the rates of monthly 
     basic pay authorized members of the uniformed services shall 
     not be made.
       (b) Increase in Basic Pay.--Effective on January 1, 2008, 
     the rates of monthly basic pay for members of the uniformed 
     services are increased by 3.5 percent.

     SEC. 602. 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. 603. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS OF 
                   MEMBERS PARTICIPATING IN THRIFT SAVINGS PLAN.

       Section 1014 of title 37, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Subsection (a) does not preclude a payment with 
     respect to a member who elects to participate in the Thrift 
     Savings Plan under section 211 of this title 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 shall be deposited in 
     the Fund at midmonth.''.

     SEC. 604. 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

       ``(a) Allowance Authorized.--Under regulations prescribed 
     by the Secretary of Defense, the Secretary concerned may 
     reimburse a member of the Selected Reserve of the Ready 
     Reserve described in subsection (b) for travel expenses for 
     travel to an inactive duty training location to perform 
     inactive duty training.
       ``(b) Eligible Members.--A member of the Selected Reserve 
     of the Ready Reserve described in this subsection is a member 
     who--
       ``(1) is--
       ``(A) qualified in a skill designated as critically short 
     by the Secretary concerned;
       ``(B) assigned to a unit of the Selected Reserve with a 
     critical manpower shortage, or is in a pay grade in the 
     member's reserve component with a critical manpower shortage; 
     or
       ``(C) 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; and
       ``(2) commutes a distance from the member's permanent 
     residence to the member's inactive duty training location 
     that is outside the normal commuting distance (as determined 
     under regulations prescribed by the Secretary of Defense) for 
     that commute.
       ``(c) Maximum Amount.--The maximum amount of reimbursement 
     provided a member under subsection (a) for each round trip to 
     a training location shall be $300.
       ``(d) 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.''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2007. No reimbursement may be 
     provided under section 408a of title 37, United States Code 
     (as added by subsection (a)), for travel costs incurred 
     before October 1, 2007.

     SEC. 605. 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''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2007.

           Subtitle B--Bonuses and Special and Incentive Pays

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

       (a) Selected Reserve Reenlistment Bonus.--Section 308b(g) 
     of title 37, United States Code, is amended by striking 
     ``December 31, 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''.

[[Page S12591]]

       (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''.

     SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR 
                   RETENTION BONUS FOR MEDICAL OFFICERS OF THE 
                   ARMED FORCES.

       (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 such 
     title is amended by striking ``$50,000'' and inserting 
     ``$75,000''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2007.

     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 subsection (a) 
     shall take effect on October 1, 2007, and shall apply to 
     payments of dental officer additional special pay under 
     agreements entered into under section 302b(b) of title 37, 
     United States Code, on or after that date.

     SEC. 617. ENHANCEMENT OF HARDSHIP DUTY PAY.

       (a) In General.--The text of section 305 of title 37, 
     United States Code, is amended to read as follows:
       ``(a) Authority.--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 maximum monthly rate 
     of special pay payable to a member on a monthly basis under 
     this section is $1,500.
       ``(2) The amount of the lump sum payment of special pay 
     payable to a member on a lump sum basis under this section 
     may not exceed an amount equal to the product of--
       ``(A) the maximum monthly rate authorized under paragraph 
     (1) at the time the member qualifies for payment of special 
     pay on a lump sum basis under this section; and
       ``(B) the number of months for which special pay on a lump 
     sum basis under this section is payable to the member.
       ``(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 complete the 
     period of service for which such special pay is paid, 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 rates at which 
     special pay payable under this section on a monthly basis 
     shall be paid.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2007, and shall apply with 
     respect to hardship duty pay payable on or after that date.

     SEC. 618. INCLUSION OF SERVICE AS OFF-CYCLE CREWMEMBER OF 
                   MULTI-CREWED SHIP IN SEA DUTY FOR CAREER SEA 
                   PAY.

       (a) In General.--Section 305a(e)(1)(A) of title 37, United 
     States Code, is amended--
       (1) in clause (ii), by striking ``or'' at the end; 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''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2007, and shall apply with 
     respect to months beginning on or after that date.

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

       (a) Minimum Period of Reenlistment.--Subsection (a)(2) of 
     section 308b of title 37, United States Code, is amended by 
     striking ``for a period of three years or for a period of six 
     years'' and inserting ``for a period of not less than three 
     years''.
       (b) Amount of Bonus.--Subsection (b)(1) of such section is 
     amended by striking ``may not exceed--'' and all that follows 
     and inserting ``may not exceed $15,000.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2007, and shall apply with 
     respect to reenlistments or extensions of enlistment that 
     occur on or after that date.

     SEC. 620. INCREASE IN YEARS OF COMMISSIONED SERVICE COVERED 
                   BY AGREEMENTS FOR NUCLEAR-QUALIFIED OFFICERS 
                   EXTENDING PERIODS OF ACTIVE DUTY.

       (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 ``26 years'' and 
     inserting ``30 years''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to agreements, including new 
     agreements, entered into under section 312 of title 37, 
     United States Code, on or after that date.

     SEC. 621. AUTHORITY TO WAIVE 25-YEAR ACTIVE DUTY LIMIT FOR 
                   RETENTION BONUS FOR CRITICAL MILITARY SKILLS 
                   WITH RESPECT TO CERTAIN MEMBERS.

       (a) Authority.--Section 323(e) of title 37, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(4) The limitations in paragraph (1) may be waived by the 
     Secretary of Defense, or by the Secretary of Homeland 
     Security with respect to the Coast Guard when it is not 
     operating as a service in the Navy, with respect to a member 
     who is assigned duties in a critical skill designated by such 
     Secretary for purposes of this paragraph during the period of 
     active duty for which the bonus is being offered.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on October 1, 2007, and shall apply with 
     respect to written agreements that are executed, or 
     reenlistments or extensions of enlistment that occur, under 
     section 323 of title 37, United States Code, on or after that 
     date.

[[Page S12592]]

     SEC. 622. CODIFICATION AND IMPROVEMENT OF AUTHORITY TO PAY 
                   BONUS TO ENCOURAGE MEMBERS OF THE ARMY TO REFER 
                   OTHER PERSONS FOR ENLISTMENT IN THE ARMY.

       (a) Codification and Improvement of Bonus Authority.--
       (1) In general.--Chapter 5 of title 37, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 331. Bonus to encourage Army personnel to refer other 
       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 
     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 
     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 title 10 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 title 10.
       ``(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 title 10, 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 chapter 5 of such title is amended by adding at 
     the end the following new item:

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

       (b) Repeal of Superseded Authority.--Section 645 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163), as amended, is repealed.
       (c) Payment of Bonuses Under Superseded Authority.--Any 
     bonus payable under section 645 of the National Defense 
     Authorization Act for Fiscal Year 2006, as amended, as of the 
     day before the date of the enactment of this Act shall remain 
     payable after that date in accordance with the provisions of 
     such section as in effect on such day.

     SEC. 623. AUTHORITY TO PAY BONUS TO ENCOURAGE DEPARTMENT OF 
                   DEFENSE PERSONNEL TO REFER OTHER PERSONS FOR 
                   APPOINTMENT AS OFFICERS TO SERVE IN HEALTH 
                   PROFESSIONS.

       (a) In General.--Chapter 5 of title 37, United States Code, 
     as amended by section 622 of this Act, is further amended by 
     adding at the end the following new section:

     ``Sec. 331a. Bonus to encourage Department of Defense 
       personnel to refer other persons for appointment as 
       officers to serve in health professions

       ``(a) Authority To Pay Bonus.--
       ``(1) Authority.--The appropriate Secretary may 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 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 forced.
       ``(B) A member of the armed forces in a reserve component 
     of the armed forced.
       ``(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 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 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 title 10 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 title 10.
       ``(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 title 10, 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.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of such title, as so amended, is 
     further amended by adding at the end the following new item:

``331a. Bonus to encourage Department of Defense personnel to refer 
              other persons for appointment as officers to serve in 
              health professions.''.

     SEC. 624. ACCESSION BONUS FOR PARTICIPANTS IN ARMED FORCES 
                   HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL 
                   ASSISTANCE PROGRAM.

       (a) Accession Bonus Authorized.--Section 2127 of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(f)(1) In order to increase participation in the program, 
     the Secretary of Defense may pay a person who signs an 
     agreement under section 2122 of this title an accession bonus 
     of not more than $20,000.
       ``(2) An accession bonus paid a person under this 
     subsection is in addition to any other amounts payable to the 
     person under this subchapter.
       ``(3) In the case of an individual who is paid an accession 
     bonus under this subsection, but fails to commence or 
     complete the obligated service required of the person under 
     this subchapter,

[[Page S12593]]

     the repayment provisions of section 303a(e) of title 37 shall 
     apply to the accession bonus paid the person under this 
     subsection.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2007, and shall apply with 
     respect to agreements signed under subchapter I of chapter 
     105 of title 10, United States Code, on or after that date.

            Subtitle C--Travel and Transportation Allowances

     SEC. 641. PAYMENT OF EXPENSES OF TRAVEL TO THE UNITED STATES 
                   FOR OBSTETRICAL PURPOSES OF DEPENDENTS LOCATED 
                   IN VERY REMOTE LOCATIONS OUTSIDE THE UNITED 
                   STATES.

       Section 1040 of title 10, United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsection 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) The Secretary of Defense may pay the travel expenses 
     and related expenses of a dependent of a member of the 
     uniformed services assigned to a very remote location outside 
     the United States, as determined by the Secretary, for travel 
     for obstetrical purposes to a location in the United 
     States.''.

     SEC. 642. 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 the moving expenses of a Junior Reserve Officers' 
     Training Corps instructor who executes a written agreement to 
     serve a minimum of two years of employment at the institution 
     in a position that is hard-to-fill for geographic or economic 
     reasons and as determined by the Secretary concerned.
       ``(2) Any reimbursement of an instructor under paragraph 
     (1) is in addition to the minimum instructor pay otherwise 
     payable to the instructor.
       ``(3) The Secretary concerned shall reimburse an 
     institution making a reimbursement under paragraph (1) in an 
     amount equal to the amount of the reimbursement paid by the 
     institution under that paragraph. Any reimbursement under 
     this paragraph shall be made from funds appropriated for that 
     purpose.
       ``(4) The payment of reimbursements under paragraphs (1) 
     and (3) shall be subject to regulations prescribed by the 
     Secretary of Defense for purposes of this subsection.''.

             Subtitle D--Retired Pay and Survivor Benefits

     SEC. 651. MODIFICATION OF SCHEME FOR PAYMENT OF DEATH 
                   GRATUITY PAYABLE WITH RESPECT TO MEMBERS OF THE 
                   ARMED FORCES.

       (a) In General.--Subsection (a) of section 1477 of title 
     10, United States Code, is amended by striking all that 
     follows ``on the following list:'' and inserting the 
     following:
       ``(1) To any individual designated by the person in 
     writing.
       ``(2) If there is no person so designated, to the surviving 
     spouse of the person.
       ``(3) If there is none of the above, to the children (as 
     prescribed by subsection (b)) of the person and the 
     descendants of any deceased children by representation.
       ``(4) If there is none of the above, to the parents (as 
     prescribed by subsection (c)) of the person or the survivor 
     of them.
       ``(5) If there is none of the above, to the duly appointed 
     executor or administrator of the estate of the person.
       ``(6) 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.''.
       (b) Conforming Amendments.--Such section is further 
     amended--
       (1) in subsection (b), by striking ``Subsection (a)(2)'' in 
     the matter preceding paragraph (1) and inserting ``Subsection 
     (a)(3)'';
       (2) by striking (c) and inserting the following new 
     subsection (c):
       ``(c) For purposes of subsection (a)(4), 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.''; and
       (3) by striking subsection (d).
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
       (d) Applicability.--Notwithstanding subsection (c), the 
     provisions 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 continue to apply to each member of the Armed 
     Forces covered by such section until the earlier of the 
     following--
       (1) the date on which such member makes the designation 
     contemplated by paragraph (1) of section 1477(a) of such 
     title (as amended by subsection (a) of this section); or
       (2) January 1, 2008.
       (e) Regulations.--
       (1) In general.--Not later than December 1, 2007, 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 paragraph (1) of section 1477(a) of title 10, 
     United States Code (as amended by subsection (a)), and 
     instructions for members of the Armed Forces in the filling 
     out of such forms.

     SEC. 652. ANNUITIES FOR GUARDIANS OR CARETAKERS OF DEPENDENT 
                   CHILDREN UNDER SURVIVOR BENEFIT PLAN.

       (a) Election.--Section 1448(b) of title 10, United States 
     Code, is amended--
       (1) in the subsection caption, by striking ``and Former 
     Spouse'' and inserting ``, Former Spouse, and Guardian or 
     Caretaker''; and
       (2) by adding at the end the following new paragraph:
       ``(6) Guardian or caretaker coverage.--
       ``(A) General rule.--A person who is not married and has 
     one or more dependent children upon becoming eligible to 
     participate in the Plan may elect to provide an annuity under 
     the Plan to a natural person (other than a natural person 
     with an insurable interest in the person under paragraph (1) 
     or a former spouse) who acts as a guardian or caretaker to 
     such child or children. In the case of a person providing a 
     reserve-component annuity, such an election shall include a 
     designation under subsection (e).
       ``(B) Termination of coverage.--Subparagraphs (B) through 
     (E) of paragraph (1) shall apply to an election under 
     subparagraph (A) of this paragraph in the same manner as such 
     subparagraphs apply to an election under subparagraph (A) of 
     paragraph (1).
       ``(C) Election of new beneficiary upon death of previous 
     beneficiary.--Subparagraph (G) of paragraph (1) shall apply 
     to an election under subparagraph (A) of this paragraph in 
     the same manner as such subparagraph (G) applies to an 
     election under subparagraph (A) of paragraph (1), except that 
     any new beneficiary elected under such subparagraph (G) by 
     reason of this subparagraph shall be a guardian or caretaker 
     of the dependent child or children of the person making such 
     election.''.
       (b) Payment of Annuity.--Section 1450 of such title is 
     amended--
       (1) in subsection (a), by adding at the end the following 
     new paragraph:
       ``(5) Guardian or caretaker coverage.--The natural person 
     designated under section 1448(b)(6) of this title, unless the 
     election to provide an annuity to the natural person has been 
     changed as provided in subsection (f).''; and
       (2) in the subsection caption of subsection (f), by 
     striking ``or Former Spouse'' and inserting ``, Former 
     Spouse, or Guardian or Caretaker''.
       (c) Amount of Annuity.--Section 1451(b) of such title is 
     amended--
       (1) in the subsection caption, by inserting ``or Guardian 
     or Caretaker'' after ``Insurable Interest''; and
       (2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)'' 
     each place it appears in paragraphs (1) and (2).
       (d) Reduction in Retired Pay.--Section 1452(c) of such 
     title is amended--
       (1) in the subsection caption, by inserting ``or Guardian 
     or Caretaker'' after ``Insurable Interest''; and
       (2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)'' 
     each place it appears in paragraphs (1) and (3).

     SEC. 653. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION 
                   ELIGIBILITY FOR CHAPTER 61 MILITARY RETIREES.

       (a) Eligibility.--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 designating the text of that paragraph as 
     subparagraph (A), realigning that text so as to be indented 4 
     ems from the left margin, and inserting before ``In the case 
     of'' the following heading: ``In general.--''; 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. 654. 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 him 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 on January 1, 2007, and shall apply 
     with respect to retired pay and retainer pay payable on or 
     after that date.

     SEC. 655. 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--

[[Page S12594]]

       (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 September 11, 
     2001, 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. 656. ADDITIONAL INDIVIDUALS ELIGIBLE FOR TRANSPORTATION 
                   FOR SURVIVORS OF DECEASED MEMBERS TO ATTEND THE 
                   MEMBER'S BURIAL CEREMONIES.

       Section 411f(c) of title 37, United States Code, is 
     amended--
       (1) in paragraph (1) by adding at the end the following new 
     subparagraphs:
       ``(D) Any child of the parent or parents of the deceased 
     member who is under the age of 18 years if such child is 
     attending the burial ceremony of the memorial service with 
     the parent or parents and would otherwise be left 
     unaccompanied by the parent or parents.
       ``(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 have been designated under such section to direct 
     the disposition of the remains if individual identification 
     had been made.''; and
       (2) in paragraph (2), by striking ``may be provided to--'' 
     and all that follows through the end and inserting ``may be 
     provided to up to two additional persons closely related to 
     the deceased member who are selected by the person referred 
     to in paragraph (1)(E).''.

     SEC. 657. 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, the Secretary concerned shall provide, to the 
     maximum extent possible, for delivery of the remains by air 
     to the commercial, general aviation, or military airport 
     nearest to the place selected by the designee or, if such a 
     selection is not made, nearest to the cemetery selected by 
     the Secretary.''.

     SEC. 658. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR 
                   BENEFIT PLAN SURVIVOR ANNUITIES BY DEPENDENCY 
                   AND INDEMNITY COMPENSATION.

       (a) Repeal.--
       (1) In general.--Subchapter II of chapter 73 of title 10, 
     United States Code, is amended as follows:
       (A) In section 1450, by striking subsection (c).
       (B) In section 1451(c)--
       (i) by striking paragraph (2); and
       (ii) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (2) Conforming amendments.--Such subchapter is further 
     amended as follows:
       (A) In section 1450--
       (i) by striking subsection (e); and
       (ii) by striking subsection (k).
       (B) In section 1451(g)(1), by striking subparagraph (C).
       (C) In section 1452--
       (i) in subsection (f)(2), by striking ``does not apply--'' 
     and all that follows and inserting ``does not apply in the 
     case of a deduction made through administrative error.''; and
       (ii) by striking subsection (g).
       (D) In section 1455(c), by striking ``, 1450(k)(2),''.
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date provided under subsection (f) by reason of the 
     amendments made by subsection (a).
       (c) Prohibition on Recoupment of Certain Amounts Previously 
     Refunded to SBP Recipients.--A surviving spouse who is or has 
     been in receipt of an annuity under the Survivor Benefit Plan 
     under subchapter II of chapter 73 of title 10, United States 
     Code, that is in effect before the effective date provided 
     under subsection (f) and that is adjusted by reason of the 
     amendments made by subsection (a) and who has received a 
     refund of retired pay under section 1450(e) of title 10, 
     United States Code, shall not be required to repay such 
     refund to the United States.
       (d) Repeal of Authority for Optional Annuity for Dependent 
     Children.--Section 1448(d)(2) of such title is amended--
       (1) by striking ``Dependent children.--'' and all that 
     follows through ``In the case of a member described in 
     paragraph (1),'' and inserting ``Dependent children.--In the 
     case of a member described in paragraph (1),''; and
       (2) by striking subparagraph (B).
       (e) Restoration of Eligibility for Previously Eligible 
     Spouses.--The Secretary of the military department concerned 
     shall restore annuity eligibility to any eligible surviving 
     spouse who, in consultation with the Secretary, previously 
     elected to transfer payment of such annuity to a surviving 
     child or children under the provisions of section 
     1448(d)(2)(B) of title 10, United States Code, as in effect 
     on the day before the effective date provided under 
     subsection (f). Such eligibility shall be restored whether or 
     not payment to such child or children subsequently was 
     terminated due to loss of dependent status or death. For the 
     purposes of this subsection, an eligible spouse includes a 
     spouse who was previously eligible for payment of such 
     annuity and is not remarried, or remarried after having 
     attained age 55, or whose second or subsequent marriage has 
     been terminated by death, divorce or annulment.
       (f) Effective Date.--The sections and the amendments made 
     by this section shall take effect on the later of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted.

     SEC. 659. EFFECTIVE DATE OF PAID-UP COVERAGE UNDER SURVIVOR 
                   BENEFIT PLAN.

       (a) Survivor Benefit Plan.--Section 1452(j) of title 10, 
     United States Code, is amended by striking ``October 1, 
     2008'' and inserting ``October 1, 2007''.
       (b) Retired Serviceman's Family Protection Plan.--Section 
     1436a of such title is amended by striking ``October 1, 
     2008'' and inserting ``October 1, 2007''.

     SEC. 660. 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.--The amendment made by subsection (a) 
     shall take effect on December 31, 2004.

     SEC. 661. 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 any subsequent year of service.''.

                     Subtitle E--Education Benefits

     SEC. 671. TUITION ASSISTANCE FOR OFF-DUTY TRAINING OR 
                   EDUCATION.

       (a) Clarification of Applicability of Current Authority to 
     Commissioned Officers on Active Duty.--Subsection (b) of 
     section 2007 of title 10, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``(other than a member of the Ready 
     Reserve)'' after ``active duty'' the first place it appears; 
     and
       (B) by striking ``or full-time National Guard duty'' both 
     places it appears; and
       (2) in paragraph (2)(B), by inserting ``for which ordered 
     to active duty'' after ``active duty service''.

[[Page S12595]]

       (b) Authority To Pay Tuition Assistance to Members of the 
     Ready Reserve.--
       (1) In general.--Subsection (c) of such section is amended 
     to read as follows:
       ``(c)(1) Subject to paragraphs (3)(A) and (4), the 
     Secretary of a military department 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 (3)(B) and (4), the Secretary 
     of a military department 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 for purposes of this subsection.
       ``(3)(A) The Secretary of a military department may not pay 
     charges under paragraph (1) for tuition or expenses of an 
     officer of the Selected Reserve unless the officer agrees to 
     remain a member of the Selected Reserve for at least four 
     years after completion of the education or training for which 
     the charges are paid.
       ``(B) The Secretary of a military department may not pay 
     charges under paragraph (2) for tuition or expenses of an 
     officer of the Individual Ready Reserve unless the officer 
     agrees to remain in the Selected Reserve or Individual Ready 
     Reserve for at least four years after completion of the 
     education or training for which the charges are paid.
       ``(4) The Secretary of a military department may require 
     enlisted members of the Selected Reserve or Individual Ready 
     Reserve to agree to serve for up to four years in the 
     Selected Reserve or Individual Ready Reserve, as the case may 
     be, after completion of 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.''.
       (c) 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 and the Secretary of 
     Homeland Security for the Coast Guard when it is not 
     operating as a service in the Navy.''.

     SEC. 672. EXPANSION OF SELECTED RESERVE EDUCATION LOAN 
                   REPAYMENT PROGRAM.

       (a) Additional Loans Eligible for Repayment.--Paragraph (1) 
     of subsection (a) of section 16301 of title 10, United States 
     Code, is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end 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 such State, and approved by the Secretary for 
     purposes of this section.''.
       (b) Eligibility of Officers.--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 officer program or military 
     specialty''; and
       (2) by striking paragraph (3).
       (c) Conforming Amendment.--The heading of such section is 
     amended to read as follows:

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

       (d) Clerical Amendment.--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 the Selected 
              Reserve.''.

     SEC. 673. 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 if 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. 674. 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) 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.

[[Page S12596]]

     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.''.

       (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.
       (b) Accelerated Payment of Educational Assistance for 
     Reserve Component Members Supporting Contingency Operations 
     and Other Operations.--
       (1) In general.--Chapter 1607 of title 10, United States 
     Code, is amended by inserting after section 16162 the 
     following new section:

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

       ``(a) 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) 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)(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) 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) 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)(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) 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 $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. 675. 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. 676. MODIFICATION OF TIME LIMIT FOR USE OF ENTITLEMENT 
                   TO EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT 
                   MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND 
                   OTHER OPERATIONS.

       (a) 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.''.
       (b) 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.''.

[[Page S12597]]

       (c) Effective Date.--The amendments made by this section 
     shall take effect on 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.

                       Subtitle F--Other Matters

     SEC. 681. ENHANCEMENT OF AUTHORITIES ON INCOME REPLACEMENT 
                   PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND 
                   FREQUENT MOBILIZATION FOR ACTIVE-DUTY SERVICE.

       (a) Clarification of General Authority.--Subsection (a) of 
     section 910 of title 37, United States Code, is amended by 
     inserting ``, when the total monthly military compensation of 
     the member is less than the average monthly civilian income'' 
     after ``by the Secretary''.
       (b) Eligibility.--Subsection (b) of such section is amended 
     to read as follows:
       ``(b) Eligibility.--Subject to subsection (c), a reserve 
     component member is entitled to a payment under this section 
     for any full month of active duty of the member--
       ``(1) while on active duty under an involuntary 
     mobilization order, following the date on which the member--
       ``(A) completes 18 continuous months of service on active 
     duty under such an order;
       ``(B) completes 730 cumulative days of service on active 
     duty under such an 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 following 
     the member's separation from a previous period of involuntary 
     active duty for period of 180 days or more; or
       ``(2) while 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 deployed to an 
     area designated for special pay under section 310 of this 
     title after becoming entitled to income replacement pay under 
     paragraph (1).''.
       (c) Termination.--Subsection (g) of such section is amended 
     to read as follows:
       ``(g) Termination of Authority.--Payment under this section 
     shall only be made for service performed on or before 
     December 31, 2008.''.

     SEC. 682. OVERSEAS NATURALIZATION OF MILITARY FAMILY MEMBERS.

       (a) In General.--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) Any person who is lawfully admitted for permanent 
     residence, is the spouse or child of a member of the Armed 
     Forces, and is authorized to accompany such member and reside 
     in a foreign country with the member pursuant to the member's 
     official orders, and who is so accompanying and residing with 
     the member (in marital union if a spouse), may be naturalized 
     upon compliance with all the requirements of this title 
     except that the person's residence and physical presence in 
     such foreign country shall be treated as residence and 
     physical presence in the United States or any State for the 
     purpose of satisfying the requirements of section 316 or 322 
     for naturalization and for the purpose of satisfying the 
     requirements of section 101(a)(13)(C)(i) or (ii).''.
       (b) Overseas Naturalization Authority.--Section 1701(d) of 
     the National Defense Authorization Act for Fiscal Year 2004 
     (8 U.S.C. 1443a) is amended by inserting ``, and persons 
     eligible to meet the residence or physical presence 
     requirements for naturalization pursuant to subsection (e) of 
     section 319 of the Immigration and Nationality Act (8 U.S.C. 
     1430),'' after ``Armed Forces''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     apply to any application of naturalization pending before the 
     Secretary of Homeland Security on or after the date of 
     enactment.

     SEC. 683. NATIONAL GUARD YELLOW RIBBON REINTEGRATION PROGRAM.

       (a) Establishment.--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.--The Yellow Ribbon Reintegration Program shall 
     consist of informational events and activities for Reserve 
     Component members, their families, and community members to 
     facilitate access to services supporting their health and 
     well-being through the four phases of the deployment cycle:
       (1) Pre-Deployment.
       (2) Deployment.
       (3) Demobilization.
       (4) Post-Deployment-Reconstitution.
       (c) Organization.--
       (1) Executive agent.--The Secretary shall designate the OSD 
     (P&R) as the Department of Defense executive agent for the 
     Yellow Ribbon Reintegration Program.
       (2) Establishment of the office for reintegration 
     programs.--
       (A) In general.--The OSD (P&R) shall establish the Office 
     for Reintegration Programs within the OSD. 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 Center may also enter into 
     partnerships with other public entities, including, but not 
     limited to, the U.S. Department of Health and Human Services, 
     Substance Abuse and Mental Health Services Administration, 
     for access to necessary substance abuse and mental health 
     treatment services from local State-licensed service 
     providers.
       (B) Establishment of a 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.
       (3) Advisory board.--
       (A) Appointment.--The Secretary of Defense shall appoint an 
     advisory board to analyze and report areas of success and 
     areas for necessary improvements. The advisory board shall 
     include, but is not limited to, 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.
       (B) Schedule.--The advisory board shall meet on a schedule 
     as determined by the Secretary of Defense.
       (C) Initial reporting requirement.--The advisory board 
     shall issue internal reports as necessary and shall submit an 
     initial report to the Committees on Armed Services not later 
     than 180 days after the end of a one-year period from 
     establishment of the Office for Reintegration Programs. This 
     report shall contain--
       (i) an evaluation of the reintegration program's 
     implementation by State National Guard and Reserve 
     organizations;
       (ii) an assessment of any unmet resource requirements; and
       (iii) recommendations regarding closer coordination between 
     the Office of Reintegration Programs and State National Guard 
     and Reserve organizations.
       (D) 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.
       (d) Program.--
       (1) In general.--The Office for Reintegration Programs 
     shall analyze the demographics, placement of State Family 
     Assistance Centers (FAC), and FAC 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 service members, 
     families, and 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. In the interest of returning members as soon as 
     possible to their home stations, reintegration briefings 
     during the Demobilization Phase shall be minimized. State 
     Deployment Cycle Support Teams are encouraged, however, to 
     assist demobilizing members in enrolling in the Department of 
     Veterans Affairs system using Form 1010EZ during the 
     Demobilization Phase. State Deployment Cycle Support Teams 
     may provide other events from the Initial Reintegration 
     Activity as determined by the State National Guard or Reserve 
     organizations. Remaining events shall be conducted during the 
     Post-Deployment-Reconstitution Phase.
       (B) Initial reintegration activity.--The purpose of this 
     reintegration program is to educate service 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 service 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.

[[Page S12598]]

       (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 service members and family members with 
     the service providers from Initial Reintegration Activity to 
     ensure service 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 service members and families to address 
     negative behaviors related to combat stress and transition.
       (C) Service member pay.--Service members shall receive 
     appropriate pay for days spent attending the Reintegration 
     Activities at the 30-day, 60-day, and 90-day intervals.
       (D) Monthly individual reintegration program.--The Office 
     for Reintegration Programs, in coordination with State 
     National Guard and Reserve organizations, shall offer a 
     monthly reintegration program for individual service members 
     released from active duty or formerly in a medical hold 
     status. The program shall focus on the special needs of this 
     service member subset and the Office for Reintegration 
     Programs shall develop an appropriate program of services and 
     information.

     SEC. 684. FLEXIBILITY IN PAYING ANNUITIES TO CERTAIN FEDERAL 
                   RETIREES WHO RETURN TO WORK.

       (a) In General.--Section 9902(j) of title 5, United States 
     Code, is amended to read as follows:
       ``(j) 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 chapter 83 or 84.
       ``(2)(A) An annuitant receiving an annuity from the Civil 
     Service Retirement and Disability Fund who becomes employed 
     in a position within the Department of Defense following 
     retirement under section 8336(d)(1) or 8414(b)(1)(A) shall be 
     subject to section 8344 or 8468.
       ``(B) The Secretary of Defense may, under procedures and 
     criteria prescribed under subparagraph (C), waive the 
     application of the provisions of section 8344 or 8468 on a 
     case-by-case or group basis, for employment of an annuitant 
     referred to in subparagraph (A) in a position in the 
     Department of Defense.
       ``(C) The Secretary shall prescribe procedures for the 
     exercise of any authority under this paragraph, including 
     criteria for any exercise of authority and procedures for a 
     delegation of authority.
       ``(D) An employee as to whom a waiver under this paragraph 
     is in effect shall not be considered an employee for purposes 
     of subchapter III of chapter 83 or chapter 84.
       ``(3)(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 is 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 begin coverage under 
     paragraph (2) of this subsection.
       ``(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 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) of this 
     paragraph and does not file a timely election under 
     subparagraph (B) of this paragraph.''.
       (b) Regulations.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Defense shall 
     prescribe regulations to carry out the amendment made by this 
     section.

     SEC. 685. PLAN FOR PARTICIPATION OF MEMBERS OF THE NATIONAL 
                   GUARD AND THE RESERVES IN THE BENEFITS DELIVERY 
                   AT DISCHARGE PROGRAM.

       (a) Plan To Maximize Participation.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall jointly submit to Congress a plan to maximize access to 
     the benefits delivery at discharge program for members of the 
     reserve components of the Armed Forces who have been called 
     or ordered to active duty at any time since September 11, 
     2001.
       (b) Elements.--The plan submitted under subsection (a) 
     shall include a description of efforts to ensure that 
     services under the benefits delivery at discharge program are 
     provided, to the maximum extent practicable--
       (1) at appropriate military installations;
       (2) at appropriate armories and military family support 
     centers of the National Guard;
       (3) at appropriate military medical care facilities at 
     which members of the Armed Forces are separated or discharged 
     from the Armed Forces;
       (4) 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; and
       (5) that services described in the plan can be provided 
     within resources available to the Secretary of Defense and 
     the Secretary of Veterans Affairs in the appropriate fiscal 
     year.
       (c) Benefits Delivery at Discharge Program Defined.--In 
     this section, 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.

     SEC. 686. 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

     SEC. 701. 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 October 1, 2007, 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. 702. 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 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

[[Page S12599]]

     TRICARE Standard beneficiaries are experiencing significant 
     levels of access-to-care problems under TRICARE Standard or 
     TRICARE Extra; and
       (B) give a high priority to surveying health care and 
     mental health care providers in such areas.
       (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) Supervision.--
       (1) Supervising official.--The Secretary shall designate a 
     senior official of the Department of Defense to take the 
     actions necessary for achieving and maintaining participation 
     of health care and mental health care providers in TRICARE 
     Standard and TRICARE Extra throughout TRICARE in a number 
     that is adequate to ensure the viability of TRICARE Standard 
     for TRICARE beneficiaries.
       (2) Duties.--The official designated under paragraph (1) 
     shall have the following duties:
       (A) To make recommendations to the Secretary for purposes 
     of subsection (a)(2) on appropriate benchmarks for measuring 
     the adequacy of health care and mental health care providers 
     in TRICARE Prime service areas and geographic areas in the 
     United States in which TRICARE Prime is not offered.
       (B) To educate health care and mental health care providers 
     about TRICARE Standard and TRICARE Extra.
       (C) To encourage health care and mental health care 
     providers to accept patients under TRICARE Standard and 
     TRICARE Extra.
       (D) To ensure that TRICARE beneficiaries have the 
     information necessary to locate TRICARE Standard and TRICARE 
     Extra providers readily.
       (E) To recommend adjustments in TRICARE Standard provider 
     payment rates that the official considers necessary to ensure 
     adequate availability of TRICARE Standard providers for 
     TRICARE Standard beneficiaries.
       (c) 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.
       (d) Effective Date.--This section shall take effect on 
     October 1, 2007.
       (e) 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.
       (f) 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 are 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 ``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. 703. 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 impact and effect of inpatient and 
     outpatient surveys 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 at health care 
     at military treatment facilities in order to ensure the 
     provision of high quality healthcare and hospital services in 
     such facilities.

     SEC. 704. REVIEW OF LICENSED MENTAL HEALTH COUNSELORS, SOCIAL 
                   WORKERS, AND MARRIAGE AND FAMILY THERAPISTS 
                   UNDER THE TRICARE PROGRAM.

       (a) Review 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 comparability of 
     credentials, preparation, and training of individuals 
     practicing as licensed mental health counselors, social 
     workers, and marriage and family therapists under the TRICARE 
     program to provide mental health services; and
       (2) making recommendations for permitting such 
     professionals to practice independently under the TRICARE 
     program.
       (b) Elements.--The study required by subsection (a) shall 
     provide for each of the health care professions referred to 
     in subsection (a)(1) the following:
       (1) An assessment of the educational requirements and 
     curriculums relevant to mental health practice for members of 
     such profession, 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) An assessment of State licensing requirements for 
     members of such profession, 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, through their scope 
     of practice, either implicitly or explicitly authorize 
     members of such profession to diagnose and treat mental 
     illnesses.
       (3) An analysis of the requirements for clinical experience 
     in such profession to be recognized under regulations for the 
     TRICARE program, and recommendations, if any, for 
     standardization or adjustment of such requirements with those 
     of the other professions.
       (4) An assessment of the extent to which practitioners 
     under such profession are authorized to practice 
     independently under other Federal programs (such as the 
     Medicare program, the Department of Veterans Affairs, the 
     Indian Health Service, Head Start, and the Federal Employee 
     Health Benefits Program), and a review the relationship, if 
     any, between recognition of such profession under the 
     Medicare program and independent practice authority for such 
     profession under the TRICARE program.
       (5) An assessment of the extent to which practitioners 
     under such profession are authorized to practice 
     independently under 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 such profession, and shall identify the 
     conditions, if any, that are placed on coverage of 
     practitioners under such profession by insurance plans and 
     how frequently these types of conditions are used by 
     insurers.
       (6) An historical review of the regulations issued by the 
     Department of Defense regarding which members of such 
     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.
       (c) Providers Studied.--It the sense of Congress that the 
     study required by subsection (a)

[[Page S12600]]

     should focus only on those practitioners of each health care 
     profession referred to in subsection (a)(1) who are permitted 
     to practice under regulations for the TRICARE program as 
     specified in section 119.6 of title 32, Code of Federal 
     Regulations.
       (d) Clinical Capabilities Studies.--The study required by 
     subsection (a) shall include a review of outcome studies and 
     of the literature regarding the comparative quality and 
     effectiveness of care provided by practitioners within each 
     of the health care professions referred to in subsection 
     (a)(1), and provide an independent review of the findings.
       (e) Recommendations for TRICARE Independent Practice 
     Authority.--The recommendations provided under subsection 
     (a)(2) shall include specific recommendation (whether 
     positive or negative) regarding modifications of current 
     policy for the TRICARE program with respect to allowing 
     members of each of the health care professions referred to in 
     subsection (a)(1) to practice independently under the TRICARE 
     program, including recommendations regarding possible 
     revision of requirements for recognition of practitioners 
     under each such profession.
       (f) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the review required by subsection 
     (a).

     SEC. 705. SENSE OF SENATE ON COLLABORATIONS BETWEEN THE 
                   DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF 
                   VETERANS AFFAIRS ON HEALTH CARE FOR WOUNDED 
                   WARRIORS.

       (a) Findings.--The Senate makes the following findings:
       (1) There have been recent collaborations between the 
     Department of Defense, the Department of Veterans Affairs, 
     and the civilian medical community for purposes of providing 
     high quality medical care to America's wounded warriors. One 
     such collaboration is occurring in Augusta, Georgia, between 
     the Dwight D. Eisenhower Army Medical Center at Fort Gordon, 
     the Augusta Department of Veterans Affairs Medical Center, 
     the Medical College of Georgia, and local health care 
     providers under the TRICARE program.
       (2) Medical staff from the Dwight D. Eisenhower Army 
     Medical Center and the Augusta Department of Veterans Affairs 
     Medical Center have been meeting weekly to discuss future 
     patient cases for the Active Duty Rehabilitation Unit (ADRU) 
     within the Uptown Department of Veterans Affairs facility. 
     The Active Duty Rehabilitation Unit, along with the 
     Polytrauma Centers of the Department of Veterans Affairs, 
     provide rehabilitation for members of the Armed Forces on 
     active duty.
       (3) Since 2004, 1,037 soldiers, sailors, airmen, and 
     marines have received rehabilitation services at the Active 
     Duty Rehabilitation Unit, 32 percent of whom served in 
     Operation Iraqi Freedom or Operation Enduring Freedom.
       (4) The Dwight D. Eisenhower Army Medical Center and the 
     Augusta Department of Veterans Affairs Medical Center have 
     combined their neurosurgery programs and have coordinated on 
     critical brain injury and psychiatric care.
       (5) The Department of Defense, the Army, and the Army 
     Medical Command have recognized the need for expanded 
     behavioral health care services for members of the Armed 
     Forces returning from Operation Iraqi Freedom and Operation 
     Enduring Freedom. These services are currently being provided 
     by the Dwight D. Eisenhower Army Medical Center.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Department of Defense should encourage continuing 
     collaboration between the Army and the Department of Veterans 
     Affairs in treating America's wounded warriors and, when 
     appropriate and available, provide additional support and 
     resources for the development of such collaborations, 
     including the current collaboration between the Active Duty 
     Rehabilitation Unit at the Augusta Department of Veterans 
     Affairs Medical Center, Georgia, and the behavioral health 
     care services program at the Dwight D. Eisenhower Army 
     Medical Center, Fort Gordon, Georgia.

     SEC. 706. 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. 707. 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. 708. AUTHORITY FOR SPECIAL REIMBURSEMENT RATES FOR 
                   MENTAL HEALTH CARE SERVICES UNDER THE TRICARE 
                   PROGRAM.

       (a) Authority.--Section 1079(h)(5) of title 10, United 
     States Code, is amended in the first sentence by inserting 
     ``, including mental health care services,'' after ``health 
     care services''.
       (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 702 of this Act.

     SEC. 709. IMPLEMENTATION OF RECOMMENDATIONS OF DEPARTMENT OF 
                   DEFENSE MENTAL HEALTH TASK FORCE.

       (a) In General.--As soon as practicable, but not later than 
     May 31, 2008, the Secretary of Defense shall implement the 
     recommendations of the Department of Defense Task Force on 
     Mental Health developed pursuant to section 723 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3348) to ensure a full 
     continuum of psychological health services and care for 
     members of the Armed Forces and their families.
       (b) Implementation of Certain Recommendations.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Secretary shall implement the following recommendations 
     of the Department of Defense Task Force on Mental Health:
       (1) The implementation of a comprehensive public education 
     campaign to reduce the stigma associated with mental health 
     problems.
       (2) The appointment of a psychological director of health 
     for each military department, each military treatment 
     facility, the National Guard, and the Reserve Component, and 
     the establishment of a psychological health council.
       (3) The establishment of a center of excellence for the 
     study of psychological health.
       (4) The enhancement of TRICARE benefits and care for mental 
     health problems.
       (5) The implementation of an annual psychological health 
     assessment addressing cognition, psychological functioning, 
     and overall psychological readiness for each member of the 
     Armed Forces, including members of the National Guard and 
     Reserve Component.
       (6) The development of a model for allocating resources to 
     military mental health facilities, and services embedded in 
     line units, based on an assessment of the needs of and risks 
     faced by the populations served by such facilities and 
     services.
       (7) The issuance of a policy directive to ensure that each 
     military department carefully assesses the history of 
     occupational exposure to conditions potentially resulting in 
     post-traumatic stress disorder, traumatic brain injury, or 
     related diagnoses in members of the Armed Forces facing 
     administrative or medical discharge.
       (8) The maintenance of adequate family support programs for 
     families of deployed members of the Armed Forces.
       (c) Recommendations Requiring Legislative Action.--Not 
     later than 60 days after the date of the enactment of this 
     Act, the Secretary shall submit to the congressional defense 
     committees a description of any legislative action required 
     to implement the recommendations of the Department of Defense 
     Mental Health Task Force.
       (d) Recommendations To Be Not Implemented.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Secretary shall submit to the congressional defense 
     committees a description of any recommendations of the 
     Department of Defense Mental Health Task Force the Secretary 
     of Defense has determined not to implement.
       (e) Progress Reports Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every six months thereafter 
     until the date described in paragraph (2), the Secretary 
     shall submit to the congressional defense committees a report 
     on the status of the implementation of the recommendations of 
     the Department of Defense Mental Health Task Force.
       (2) Date described.--The date described in this paragraph 
     is the date on which all recommendations of the Department of 
     Defense Mental Health Task Force have been implemented other 
     than the recommendations the Secretary has determined 
     pursuant to subsection (d) not to implement.

[[Page S12601]]

     SEC. 710. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, 
                   MITIGATION, TREATMENT, AND REHABILITATION OF 
                   MILITARY EYE INJURIES.

       (a) Establishment.--
       (1) In general.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1105 the 
     following new section:

     ``Sec. 1105a. 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). The center 
     shall be known as a `Center of Excellence in Prevention, 
     Diagnosis, Mitigation, Treatment, and Rehabilitation of 
     Military Eye Injuries'.
       ``(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.--(1) The Center shall--
       ``(A) develop, implement, and oversee 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 eye injury incurred by a 
     member of the armed forces in combat that requires surgery or 
     other operative intervention; and
       ``(B) ensure the electronic exchange with Secretary of 
     Veterans Affairs of information obtained through tracking 
     under subparagraph (A).
       ``(2) The registry under this subsection shall be known as 
     the `Military Eye Injury Registry'.
       ``(3) The Center shall develop the Registry in consultation 
     with the ophthalmological specialist personnel and optometric 
     specialist personnel of the Department of Defense. The 
     mechanisms and procedures of the Registry shall reflect 
     applicable expert research on military and other eye 
     injuries.
       ``(4) 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 72 hours after surgery or other 
     operative intervention.
       ``(B) Any clinical or other operative intervention done 
     within 30 days, 60 days, or 120 days after surgery or other 
     operative intervention as a result of a follow-up 
     examination.
       ``(C) Not later than 180 days after surgery or other 
     operative intervention.
       ``(5)(A) The Center shall provide notice to the Blind 
     Service or Low Vision Optometry Service, as applicable, of 
     the Department of Veterans Affairs on each member of the 
     armed forces described in subparagraph (B) for purposes of 
     ensuring the coordination of the provision of 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 an eye injury incurred in combat who 
     has a visual acuity of \20/200\ or less in either eye.
       ``(ii) A member with an eye injury incurred in combat who 
     has a loss of peripheral vision of twenty degrees or less.
       ``(d) Utilization of Registry Information.--The Secretary 
     of Defense and the Secretary of Veterans Affairs shall 
     jointly ensure that information in the Military Eye Injury 
     Registry is available to appropriate ophthalmological and 
     optometric personnel of 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.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by inserting 
     after the item relating to section 1105 the following new 
     item:

``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, 
              Treatment, and Rehabilitation of Military Eye 
              Injuries.''.
       (b) Inclusion of Records of OIF/OEF Veterans.--The 
     Secretary of Defense shall take appropriate actions to 
     include in the Military Eye Injury Registry established under 
     section 1105a of title 10, United States Code (as added by 
     subsection (a)), such records of members of the Armed Forces 
     who incurred an eye injury in combat in Operation Iraqi 
     Freedom or Operation Enduring Freedom before the 
     establishment of the Registry as the Secretary considers 
     appropriate for purposes of the Registry.
       (c) Report on Establishment.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report on the status of the Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Military Eye Injuries under section 
     1105a of title 10, United States Code (as so added), 
     including the progress made in established the Military Eye 
     Injury Registry required under that section.
       (d) 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 study on neuro-
     optometric screening and diagnosis of members of the Armed 
     Forces 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 on 
     visual dysfunction related to Traumatic Brain Injury.
       (e) Funding.--Of the amounts available for Defense Health 
     Program, $5,000,000 may be available for the Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Military Eye Injuries under section 
     1105a of title 10, United States Code (as so added).

     SEC. 711. 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, shall 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.

     SEC. 712. 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) The results of a study of the frequency of medical 
     physical examinations conducted by each component of the 
     Armed Forces (including both the regular components and the 
     reserve components of the Armed Forces) for members of the 
     Armed Forces within such component before their deployment.
       (2) 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.
       (3) A model of, and a business case analysis for, 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. 713. 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''.
       (d) Premiums Under TRICARE Coverage for Members of the 
     Ready Reserve.--Section 1076b(e)(3) of such title is amended 
     by striking ``September 30, 2007'' and inserting ``September 
     30, 2008''.

     SEC. 714. 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. 715. SENSE OF CONGRESS ON FEES AND ADJUSTMENTS UNDER THE 
                   TRICARE PROGRAM.

       It is the sense of Congress that--
       (1) career members of the uniformed services and their 
     families endure unique and extraordinary demands, and make 
     extraordinary sacrifices, over the course of 20-year to 30-
     year careers in protecting freedom for all Americans;
       (2) these demands and sacrifices are such that few 
     Americans are willing to accept them for a multi-decade 
     career;

[[Page S12602]]

       (3) a primary benefit of enduring the extraordinary 
     sacrifices inherent in a military career is a system of 
     exceptional retirement benefits that a grateful Nation 
     provides for those who choose to subordinate much of their 
     personal life to the national interest for so many years;
       (4) proposals to compare cash fees paid by retired military 
     members and their families to fees paid by civilians fail to 
     recognize adequately that military members prepay the 
     equivalent of very large advance premiums for health care in 
     retirement through their extended service and sacrifice, in 
     addition to cash fees, deductibles, and copayments;
       (5) the Department of Defense and the Nation have a 
     committed obligation to provide health care benefits to 
     active duty, National Guard, Reserve and retired members of 
     the uniformed services and their families and survivors that 
     considerably exceeds the obligation of corporate employers to 
     provide health care benefits to their employees; and
       (6) the Department of Defense has options to constrain the 
     growth of health care spending in ways that do not 
     disadvantage retired members of the uniformed services, and 
     should pursue any and all such options as a first priority.

     SEC. 716. 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 
     shall be entitled to receive medical and dental care for such 
     medical condition as if the member were a member of the armed 
     forces on active duty until such medical condition is 
     resolved.
       ``(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.''.

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

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

     SEC. 801. SUBSTANTIAL SAVINGS UNDER MULTIYEAR CONTRACTS.

       (a) Definition in Regulations of Substantial Savings Under 
     Multiyear Contracts.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     modify the regulations prescribed pursuant to subsection 
     (b)(2)(A) of section 2306b of title 10, United States Code, 
     to define the term ``substantial savings'' for purposes of 
     subsection (a)(1) of such section. Such regulations shall 
     specify that--
       (A) savings that exceed 10 percent of the total anticipated 
     costs of carrying out a program through annual contracts 
     shall be considered to be substantial;
       (B) savings that exceed 5 percent of the total anticipated 
     costs of carrying out a program through annual contracts, but 
     do not exceed 10 percent of such costs, shall not be 
     considered to be substantial unless the Secretary determines 
     in writing that an exceptionally strong case has been made 
     with regard to the findings required by paragraphs (2) 
     through (6) of section 2306b(a) of such title; and
       (C) savings that do not exceed 5 percent of the total 
     anticipated costs of carrying out a program through annual 
     contracts shall not be considered to be substantial.
       (2) Effective date.--The modification required by paragraph 
     (1) shall apply with regard to any multiyear contract that is 
     authorized after the date that is 60 days after the date of 
     the enactment of this Act.
       (b) Report on Basis for Determination.--Section 2306b(i)(3) 
     of title 10, United States Code, is amended by inserting 
     before the period at the end the following: ``after the head 
     of the agency concerned submits to the congressional defense 
     committees a report on the specific facts supporting the 
     determination of the head of that agency under subsection 
     (a)''.
       (c) Reports on Savings Achieved.--
       (1) Reports required.--Not later than January 15 of 2008, 
     2009, and 2010, the Secretary shall submit to the 
     congressional defense committees a report on the savings 
     achieved through the use of multiyear contracts that were 
     entered under the authority of section 2306b of title 10, 
     United States Code, and the performance of which was 
     completed in the preceding fiscal year.
       (2) Elements.--Each report under paragraph (1) shall 
     specify, for each multiyear contract covered by such report--
       (A) the savings that the Department of Defense estimated it 
     would achieve through the use of the multiyear contract at 
     the time such contract was awarded; and
       (B) the best estimate of the Department on the savings 
     actually achieved under such contract.

     SEC. 802. CHANGES TO MILESTONE B CERTIFICATIONS.

       Section 2366a of title 10, United States Code, is amended--
       (1) in subsection (a), by inserting ``, after receiving a 
     business case analysis,'' after ``the milestone decision 
     authority'' in the matter preceding paragraph (1);
       (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 are--
       ``(A) inconsistent with such certification; or
       ``(B) 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 action is 
     in the best interest of the national security of the United 
     States.'';
       (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) Any information provided to the milestone decision 
     authority pursuant to subsection (b) shall be summarized in 
     the first Selected Acquisition Report submitted under section 
     2432 of this title after such information is received by the 
     milestone decision authority.''; and
       (5) in subsection (e), as so redesignated, by striking 
     ``subsection (c)'' and inserting ``subsection (d)''.

     SEC. 803. 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) Establishing system commands within each military 
     department, each of which commands would be headed by a 4-
     star general or flag officer, to whom the program managers 
     and program executive officers for major defense acquisition 
     programs would report.
       (2) Revising the acquisition process for major defense 
     acquisition programs by establishing shorter, more frequent 
     acquisition program milestones.
       (3) Requiring certifications of program status to the 
     defense acquisition executive and Congress prior to milestone 
     approval for major defense acquisition programs.
       (4) 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.
       (5) Establishing a milestone system for major defense 
     acquisition programs utilizing the following milestones (or 
     such other milestones as the Comptroller General considers 
     appropriate for purposes of the review):
       (A) Milestone 0.--The time for the development and approval 
     of a mission need statement for a major defense acquisition 
     program.
       (B) Milestone 1.--The time for the development and approval 
     of a capability need definition for a major defense 
     acquisition program, including development and approval of a 
     certification statement on the characteristics required for 
     the system under the program and a determination of the 
     priorities among such characteristics.
       (C) Milestone 2.--The time for technology development and 
     assessment for a major defense acquisition program, including 
     development and approval of a certification statement on 
     technology maturity of elements under the program.
       (D) Milestone 3.--The time for system development and 
     demonstration for a major defense acquisition program, 
     including development and approval of a certification 
     statement on design proof of concept.
       (E) Milestone 4.--The time for final design, production 
     prototyping, and testing of a major defense acquisition 
     program, including development and approval of a 
     certification statement on cost, performance, and schedule in 
     advance of initiation of low-rate production of the system 
     under the program.
       (F) Milestone 5.--The time for limited production and field 
     testing of the system under a major defense acquisition 
     program.
       (G) Milestone 6.--The time for initiation of full-rate 
     production of the system under a major defense acquisition 
     program.
       (6) 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.
       (7) 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.
       (8) Modifying the role played by chiefs of staff of the 
     Armed Forces in the requirements, resource allocation, and 
     acquisition processes.
       (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:

[[Page S12603]]

       (1) Senior acquisition officials currently serving in the 
     Department of Defense.
       (2) Individuals who formerly served as senior acquisition 
     officials in the Department of Defense.
       (3) 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.
       (4) Other experts on the acquisition of major weapon 
     systems.
       (5) Appropriate experts in the Government Accountability 
     Office.

     SEC. 804. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION 
                   PROGRAMS.

       (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 strategies of the Department of Defense for the 
     allocation of funds and other resources under major defense 
     acquisition programs.
       (b) Elements.--The report required by subsection (a) shall 
     address, at a minimum, Department of Defense organizations, 
     procedures, and approaches for the following purposes:
       (1) To establish priorities among needed capabilities under 
     major defense acquisition programs, and to assess the 
     resources (including funds, technologies, time, and 
     personnel) needed to achieve such capabilities.
       (2) To balance cost, schedule, and requirements for major 
     defense acquisition programs to ensure the most efficient use 
     of Department of Defense resources.
       (3) To ensure 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) 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, procedures, and 
     approaches described in the report.

     SEC. 805. 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 B--Amendments Relating to General Contracting Authorities, 
                      Procedures, and Limitations

     SEC. 821. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND 
                   DELIVERY ORDER CONTRACTS.

       (a) Limitation on Single Award Contracts.--Section 2304a(d) 
     of title 10, United States Code, is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) No task or delivery order contract in an amount 
     estimated to exceed $100,000,000 (including all options) may 
     be awarded to a single contractor unless the head of the 
     agency determines in writing that--
       ``(A) because of the size, scope, or method of performance 
     of the requirement, it would not be practical to award 
     multiple task or delivery order contracts;
       ``(B) the task or delivery orders expected under the 
     contract are so integrally related that only a single 
     contractor can reasonably perform the work;
       ``(C) 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; or
       ``(D) only one contractor is qualified and capable of 
     performing the work at a reasonable price to the 
     government.''.
       (b) Enhanced Competition for Orders in Excess of 
     $5,000,000.--Section 2304c of such title is amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively;
       (2) 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
       (3) 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 $5,000,000.
       ``(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).''.
       (c) Effective Dates.--
       (1) Single award contracts.--The amendments made by 
     subsection (a) shall take effect on the date that is 60 days 
     after the date of the enactment of this Act, and shall apply 
     with respect to any contract awarded on or after such date.
       (2) Orders in excess of $5,000,000.--The amendments made by 
     subsection (b) shall take effect on the date that is 60 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. 822. 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) 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 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);
       ``(2) the Secretary of Defense determines 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 treatment of the subsystem as a commercial item 
     is necessary to meet national security objectives; or
       ``(3) the contractor demonstrates that it has sold, leased, 
     or licensed the subsystem or an item that is the same as the 
     subsystem, but for modifications described in subparagraphs 
     (B) and (C) of section 4(12) of the Office of Federal 
     Procurement Policy Act, in significant quantities to the 
     general public.'';
       (B) by redesignating subsections (c) and (d) as subsections 
     (e) and (f), respectively; and
       (C) by inserting after subsection (b) the following new 
     subsections (c) and (d):
       ``(c) Treatment of Components and Spare Parts as Commercial 
     Items.--A component or spare part for a major weapon system 
     may be treated as a commercial item, and purchased under 
     procedures established for the procurement of commercial 
     items, only if--
       ``(1) the component or spare part is intended for--
       ``(A) 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
       ``(B) 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
       ``(2) the contractor demonstrates that it has sold, leased, 
     or licensed the component or spare part, or an item that is 
     the same as the component or spare part, but for 
     modifications described in subparagraphs (B) and (C) of 
     section 4(12) of the Office of Federal Procurement Policy 
     Act, in significant quantities to the general public.
       ``(d) Price Information.--In the case of any major weapon 
     system, subsystem, component, or

[[Page S12604]]

     spare part purchased under procedures established for the 
     procurement of commercial items under the authority of this 
     section, the contractor shall provide data other than 
     certified cost or pricing data, including information on 
     prices at which the same item or similar items have 
     previously been sold to the general public, that is adequate 
     for evaluating, through price analysis, the reasonableness of 
     the price of the contract, subcontract, or modification of 
     the contract or subcontract pursuant to which such major 
     weapon system, subsystem, component or spare part, as the 
     case may be, will be purchased.''.
       (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 subsystem, 
     component, or spare part that is determined to be a 
     commercial item in accordance with the requirements of 
     section 2379 of this title)''.
       (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 following:
       (1) The Federal Government or a State, local, or foreign 
     government.
       (2) A contractor or subcontractor acting on behalf of the 
     Federal Government or a State, local, or foreign government.
       (c) 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. 823. CLARIFICATION OF RULES REGARDING THE PROCUREMENT OF 
                   COMMERCIAL SERVICES.

       Notwithstanding section 8002(d) of the Federal Acquisition 
     Streamlining Act of 1994 (41 U.S.C. 264 note), the Secretary 
     of Defense shall modify the regulations of the Department of 
     Defense on procurements for or on behalf of the Department of 
     Defense in order to prohibit the use of time and materials 
     contracts or labor-hour contracts to purchase as commercial 
     items any category of commercial services other than the 
     following:
       (1) Commercial 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)).
       (2) Emergency repair services.

     SEC. 824. 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. 825. 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. 826. MULTIYEAR PROCUREMENT AUTHORITY FOR ELECTRICITY 
                   FROM RENEWABLE ENERGY SOURCES.

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

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

       ``(a) Multiyear Contracts Authorized.--Subject to 
     subsection (b), the Secretary of Defense may enter into 
     contracts 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 a contract for a period in excess of 
     five years only if the Secretary determines, on the basis of 
     a business case 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.''.
       (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 procurement authority: purchase of electricity from 
              renewable energy sources.''.

     SEC. 827. 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 this title; 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. 828. PROHIBITION ON USE OF EARMARKS TO AWARD NO BID 
                   CONTRACTS AND NONCOMPETITIVE GRANTS.

       (a) Prohibition.--
       (1) Contracts.--
       (A) In general.--Notwithstanding any other provision of 
     this Act, all contracts awarded by the Department of Defense 
     to implement new programs or projects pursuant to 
     congressional initiatives shall be awarded using competitive 
     procedures in accordance with the requirements of section 
     2304 of title 10, United States Code, and the Federal 
     Acquisition Regulation.
       (B) Bid requirement.--Except as provided in paragraph (3), 
     no contract may be awarded by the Department of Defense to 
     implement a new program or project pursuant to a 
     congressional initiative unless more than one bid is received 
     for such contract.
       (2) Grants.--Notwithstanding any other provision of this 
     Act, no funds may be awarded by the Department of Defense by 
     grant or cooperative agreement to implement a new program or 
     project pursuant to a congressional initiative unless the 
     process used to award such grant or cooperative agreement 
     uses competitive or merit-based procedures to select the 
     grantee or award recipient. Except as provided in paragraph 
     (3), no such grant or cooperative agreement may be

[[Page S12605]]

     awarded unless applications for such grant or cooperative 
     agreement are received from two or more applicants that are 
     not from the same organization and do not share any 
     financial, fiduciary, or other organizational relationship.
       (3) Waiver authority.--
       (A) In general.--If the Secretary of Defense does not 
     receive more than one bid for a contract under paragraph 
     (1)(B) or does not receive more than one application from 
     unaffiliated applicants for a grant or cooperative agreement 
     under paragraph (2), the Secretary may waive such bid or 
     application requirement if the Secretary determines that the 
     new program or project--
       (i) cannot be implemented without a waiver; and
       (ii) will help meet important national defense needs.
       (B) Congressional notification.--If the Secretary of 
     Defense waives a bid requirement under subparagraph (A), the 
     Secretary must, not later than 10 days after exercising such 
     waiver, notify Congress and the Committees on Armed Services 
     of the Senate and the House of Representatives.
       (4) Contracting authority.--The Secretary of Defense may, 
     as appropriate, utilize existing contracts to carry out 
     congressional initiatives.
       (b) Annual Report.--
       (1) In general.--Not later than December 31, 2008, and 
     December 31 of each year thereafter, the Secretary of Defense 
     shall submit to Congress a report on congressional 
     initiatives for which amounts were appropriated or otherwise 
     made available for the fiscal year ending during such year.
       (2) Content.--Each report submitted under paragraph (1) 
     shall include with respect to each contract, grant, or 
     cooperative agreement awarded to implement a new program or 
     project pursuant to a congressional initiative--
       (A) the name of the recipient of the funds awarded through 
     such contract or grant;
       (B) the reason or reasons such recipient was selected for 
     such contract or grant; and
       (C) the number of entities that competed for such contract 
     or grant.
       (3) Publication.--Each report submitted under paragraph (1) 
     shall be made publicly available through the Internet website 
     of the Department of Defense.
       (c) Congressional Initiative Defined.--In this section, the 
     term ``congressional initiative'' means a provision of law or 
     a directive contained within a committee report or joint 
     statement of managers of an appropriations Act that 
     specifies--
       (1) the identity of a person or entity selected to carry 
     out a project, including a defense system, for which funds 
     are appropriated or otherwise made available by that 
     provision of law or directive and that was not requested by 
     the President in a budget submitted to Congress;
       (2) the specific location at which the work for a project 
     is to be done; and
       (3) the amount of the funds appropriated or otherwise made 
     available for such project.
       (d) Applicability.--This section shall apply with respect 
     to funds appropriated or otherwise made available for fiscal 
     years beginning after September 30, 2007, and to 
     congressional initiatives initiated after the date of the 
     enactment of this Act.

             Subtitle C--Acquisition Policy and Management

     SEC. 841. JOINT REQUIREMENTS OVERSIGHT COUNCIL.

       (a) Advisors.--Section 181 of title 10, 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) Advisors.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics and the Under 
     Secretary of Defense (Comptroller) shall serve as advisors to 
     the Council on matters within their authority and 
     expertise.''.
       (b) 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).

     SEC. 842. MANAGEMENT STRUCTURE FOR THE PROCUREMENT OF 
                   CONTRACT SERVICES.

       (a) Authority To Establish Contract Support Acquisition 
     Centers.--Subsection (b) of section 2330 of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(4) Each senior official responsible for the management 
     of acquisition of contract services is authorized to 
     establish a center (to be known as a `Contract Support 
     Acquisition Center') to act as executive agent for the 
     acquisition of contract services. Any center so established 
     shall be subject to the provisions of subsection (c).''.
       (b) Direction, Staff, and Support.--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) Direction, Staff, and Support of Contract Support 
     Acquisition Centers.--(1) The Contract Support Acquisition 
     Center established by a senior official responsible for the 
     management of acquisition of contract services under 
     subsection (b)(4) shall be subject to the direction, 
     supervision, and oversight of such senior official.
       ``(2) The Secretary of Defense or the Secretary of the 
     military department concerned may transfer to a Contract 
     Support Acquisition Center any personnel under the authority 
     of such Secretary whose principal duty is the acquisition of 
     contract services.
       ``(3)(A) Except as provided in subparagraph (E), the 
     Secretary of Defense may accept from the head of a department 
     or agency outside the Department of Defense a transfer to any 
     Contract Support Acquisition Center under subsection (b)(4) 
     of all or part of any organizational unit of such other 
     department or agency that is primarily engaged in the 
     acquisition of contract services if, during the most recent 
     year for which data is available before such transfer, more 
     than 50 percent of the contract services acquired by such 
     organizational unit (as determined on the basis of cost) were 
     acquired on behalf of the Department of Defense.
       ``(B) The head of a department or agency outside the 
     Department of Defense may transfer in accordance with this 
     paragraph an organizational unit that is authorized to be 
     accepted under subparagraph (A).
       ``(C) A transfer under this paragraph may be made and 
     accepted only pursuant to a memorandum of understanding 
     entered into by the head of the department or agency making 
     the transfer and the Secretary of Defense.
       ``(D) A transfer of an organizational unit under this 
     paragraph shall include the transfer of the personnel of such 
     organizational unit, the assets of such organizational unit, 
     and the contracts of such organizational unit, to the extent 
     provided in the memorandum of understanding governing the 
     transfer of the unit.
       ``(E) This paragraph does not authorize a transfer of the 
     multiple award schedule program of the General Services 
     Administration as described in section 2302(2)(C) of this 
     title.''.

     SEC. 843. 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 2008 shall identify clearly and separately 
     the amounts requested in each budget account for the 
     procurement of contract services.
       (b) 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. 844. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
                   DEVELOPMENT FUND.

       (a) Purpose.--The purpose of this section 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.
       (b) Department of Defense Acquisition Workforce Development 
     Fund.--
       (1) 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 for the recruitment, training, 
     and retention of acquisition personnel of the Department of 
     Defense for the purpose of this section.
       (2) Management.--The Fund shall be managed by a senior 
     official of the Department of Defense designated by the 
     Secretary for that purpose.
       (c) 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 first 
     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) 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 this section, 
     including for the provision of training and retention 
     incentives to the acquisition workforce of the Department as 
     of the date of the enactment of this Act.
       (2) 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 training to Department of Defense 
     employees.
       (3) 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 is an employee of the 
     Department as of the date of the enactment of this Act.

[[Page S12606]]

       (4) Duration of availability.--Amounts credited to the Fund 
     under subsection (c)(2) shall remain available for 
     expenditure in the fiscal year for which credited and the two 
     succeeding fiscal years.
       (e) 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) A statement of the balance remaining in the Fund at the 
     end of such fiscal year.
       (f) Defense Agency Defined.--In this section, the term 
     ``Defense Agency'' has the meaning given that term in section 
     101(a) of title 10, United States Code.
       (g) Expedited Hiring Authority.--
       (1) In general.--For purposes of sections 3304, 5333, and 
     5753 of title 5, United States Code, the Secretary of Defense 
     may--
       (A) designate any category of acquisition positions within 
     the Department of Defense as shortage category positions; and
       (B) utilize the authorities in such sections to recruit and 
     appoint highly qualified persons directly to positions so 
     designated.
       (2) Sunset.--The Secretary may not appoint a person to a 
     position of employment under this subsection after September 
     30, 2012.
       (h) Acquisition Workforce Assessment and Plan.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     develop an assessment and plan for addressing gaps in the 
     acquisition workforce of the Department of Defense.
       (2) Content of assessment.--The assessment developed under 
     paragraph (1) shall identify--
       (A) the skills and competencies needed in the military and 
     civilian workforce of the Department of Defense to 
     effectively manage the acquisition programs and activities of 
     the Department over the next decade;
       (B) the skills and competencies of the existing military 
     and civilian acquisition workforce of the Department and 
     projected trends in that workforce based on expected losses 
     due to retirement and other attrition; and
       (C) gaps in the existing or projected military and civilian 
     acquisition workforce that should be addressed to ensure that 
     the Department has access to the skills and competencies 
     identified pursuant to subparagraph (A).
       (3) Content of plan.--The plan developed under paragraph 
     (1) shall establish specific objectives for developing and 
     reshaping the military and civilian acquisition workforce of 
     the Department of Defense to address the gaps in skills and 
     competencies identified under paragraph (2). The plan shall 
     include--
       (A) specific recruiting and retention goals; and
       (B) specific strategies for developing, training, 
     deploying, compensating, and motivating the military and 
     civilian acquisition workforce of the Department to achieve 
     such goals.
       (4) Annual updates.--Not later than March 1 of each year 
     from 2009 through 2012, the Secretary of Defense shall update 
     the assessment and plan required by paragraph (1). Each 
     update shall include the assessment of the Secretary of the 
     progress the Department has made to date in implementing the 
     plan.
       (5) Spending of amounts in fund in accordance with plan.--
     Beginning on October 1, 2008, amounts in the Fund shall be 
     expended in accordance with the plan required under paragraph 
     (1) and the annual updates required under paragraph (4).
       (6) Reports.--Not later than 30 days after developing the 
     assessment and plan required under paragraph (1) or preparing 
     an annual update required under paragraph (4), the Secretary 
     of Defense shall submit to the congressional defense 
     committees a report on the assessment and plan or annual 
     update, as the case may be.

     SEC. 845. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES 
                   BASED ON COST OR TIME OF PERFORMANCE.

       (a) Preparation of Lists of Activities Under Contracts for 
     Services.--
       (1) Preparation of lists.--Not later than the end of the 
     third quarter of each fiscal year beginning with fiscal year 
     2008, the Secretary of each military department and the head 
     of each Defense Agency shall submit to the Secretary of 
     Defense a list of the activities performed during the 
     preceding fiscal year pursuant to contracts for services for 
     or on behalf of such military department or Defense Agency, 
     as the case may be, under which the contractor is paid on the 
     basis of the cost or time of performance, rather than 
     specific tasks performed or results achieved.
       (2) List elements.--The entry for an activity on a list 
     under paragraph (1) shall include, for the fiscal year 
     covered by such entry, the following:
       (A) The fiscal year for which the activity first appeared 
     on a list under this section.
       (B) The number of full-time contractor employees (or its 
     equivalent) paid for the performance of the activity.
       (C) A determination whether the contract pursuant to which 
     the activity is performed is a personal services contract.
       (D) The name of the Federal official responsible for the 
     management of the contract pursuant to which the activity is 
     performed.
       (E) With respect to a list for a fiscal year after fiscal 
     year 2008, information on plans and written determinations 
     made pursuant to subsection (c)(2).
       (b) Public Availability of Lists.--Not later than 30 days 
     after the date on which lists are required to be submitted to 
     the Secretary of Defense under subsection (a), the Secretary 
     shall--
       (1) transmit to the congressional defense committees a copy 
     of the lists so submitted to the Secretary;
       (2) make such lists available to the public; and
       (3) publish in the Federal Register a notice that such 
     lists are available to the public.
       (c) Review and Planning Requirements.--
       (1) Review of lists.--Within a reasonable time after the 
     date on which a notice of the public availability of a list 
     is published under subsection (b)(3), the Secretary of the 
     military department or head of the Defense Agency concerned 
     shall--
       (A) review the contracts and activities included on the 
     list;
       (B) ensure that--
       (i) 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;
       (ii) the activities on the list do not include any 
     inherently governmental functions; and
       (iii) to the maximum extent practicable, the activities on 
     the list do not include any functions closely associated with 
     inherently governmental functions; and
       (C) for each activity on the list, either--
       (i) develop a plan to convert the activity to performance 
     by Federal employees, convert the contract to a performance-
     based contract, or terminate the activity; or
       (ii) make a written determination that it is not 
     practicable for the military department or Defense Agency, as 
     the case may be, to take any of the actions otherwise 
     required under clause (i).
       (2) Elements of determination.--A written determination 
     pursuant to subparagraph (B)(ii) shall be accompanied by--
       (A) a statement of the basis for the determination; and
       (B) a description of the resources that will be made 
     available to ensure adequate planning, management, and 
     oversight for each contract covered by the determination.
       (d) Challenges to Lists.--
       (1) In general.--An interested party may submit to the 
     Secretary of the military department or head of the Defense 
     Agency concerned a challenge to the omission of a particular 
     activity from, or the inclusion of a particular activity on, 
     a list made available to the public under subsection (b).
       (2) Interested party defined.--In this subsection, the term 
     ``interested party'', with respect to an activity referred to 
     in subsection (a), means--
       (A) the contractor performing the activity;
       (B) an officer or employee of an organization within the 
     military department or Defense Agency concerned that is 
     responsible for the performance of the activity; or
       (C) the head of any labor organization referred to in 
     section 7103(a)(4) of title 5, United States Code, that 
     includes within its membership officers or employees or an 
     organization described in subparagraph (B).
       (3) Deadline for challenge.--A challenge to a list shall be 
     submitted under paragraph (1) not later than 30 days after 
     the date of the publication of the notice of public 
     availability of the list under subsection (b)(3).
       (4) Resolution of challenge.--Not later than 30 days of the 
     receipt by the Secretary of a military department or head of 
     a Defense Agency of a challenge to a list under this 
     subsection, an official designated by the Secretary of the 
     military department or the head of the Defense Agency, as the 
     case may be, shall--
       (A) determine whether or not the challenge is valid; and
       (B) submit to the interested party concerned a written 
     notification of the determination, together with a discussion 
     of the rationale for the determination.
       (5) Action following determination of valid challenge.--If 
     the Secretary of a military department or head of a Defense 
     Agency determines under paragraph (4)(A) that a challenge 
     under this subsection to a list under this section is valid, 
     such official shall--
       (A) notify the Secretary of Defense of the determination; 
     and
       (B) adjust the next list submitted by such official under 
     subsection (a) after the date of the determination to reflect 
     the resolution of the challenge.
       (e) Rules of Construction.--
       (1) No authorization of performance of personal services.--
     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 statute other than 
     this section.
       (2) No public-private competition for conversion of 
     performance of certain functions.--No public-private 
     competition may be required under this section, Office of 
     Management and Budget Circular A-76, or any other provision 
     of law or regulation before a function closely associated 
     with inherently governmental functions is converted to 
     performance by Federal employees.
       (f) Definitions.--In this section:
       (1) The term ``Defense Agency'' has the meaning given that 
     term in section 101(a) of title 10, United States Code.
       (2) The term ``function closely associated with inherently 
     governmental functions'' has the

[[Page S12607]]

     meaning given that term in section 2383(b)(3) of title 10, 
     United States Code.
       (3) The term ``inherently governmental functions'' has the 
     meaning given that term in section 2383(b)(2) of title 10, 
     United States Code.
       (4) 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.

     SEC. 846. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE 
                   DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE 
                   AGENCIES.

       (a) Limitation on Procurements on Behalf of Department of 
     Defense.--Except as provided in subsection (b), no 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 an amount in excess of $100,000 
     through a non-defense agency in any fiscal year if--
       (1) the head of the non-defense agency has not certified 
     that the non-defense agency will comply with defense 
     procurement requirements during that fiscal year;
       (2) in the case of a covered non-defense agency that has 
     been determined under this section to be not compliant with 
     defense procurement requirements, such determination has not 
     been terminated in accordance with subsection (c); or
       (3) in the case of a covered non-defense agency for which a 
     memorandum of understanding is required by subsection (e)(4), 
     the Inspector General of the Department of Defense and the 
     Inspector General of the non-defense agency have not yet 
     entered into such a memorandum of understanding.
       (b) Exception for Procurements of Necessary Property and 
     Services.--
       (1) In general.--The limitation in subsection (a) 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.
       (2) Scope of particular exception.--A written determination 
     with respect to a non-defense agency under paragraph (1) 
     shall apply to any category of procurements through the non-
     defense agency that is specified in the determination.
       (c) Termination of Applicability of Certain Limitation.--In 
     the event the limitation under subsection (a)(2) applies to a 
     covered non-defense agency, the limitation shall cease to 
     apply to the non-defense agency on the date on which the 
     Inspector General of the Department of Defense and the 
     Inspector General of the non-defense agency jointly--
       (1) determine that the non-defense agency is compliant with 
     defense procurement requirements; and
       (2) notify the Secretary of Defense of that determination.
       (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) 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 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 non-defense agency that are applicable to 
     the procurement of property and services on behalf of the 
     Department by such non-defense agency; and
       (ii) the administration of such policies, procedures, and 
     internal controls; and
       (B) determine in writing whether such 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 governmentwide acquisition contracts, of the 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.
       (f) 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.
       (g) 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 subsection (c) or (e), a determination by 
     the Inspector General of the Department of Defense under such 
     subsection shall be conclusive for the purposes of this 
     section.
       (h) Definitions.--In this section:
       (1) 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.
       (2) The term ``governmentwide acquisition contract'', with 
     respect to a covered non-defense agency, means a task or 
     delivery order contract that--
       (A) is entered into by the 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.

     SEC. 847. INDEPENDENT MANAGEMENT REVIEWS OF CONTRACTS FOR 
                   SERVICES.

       (a) Guidance and Instructions.--Not later than 120 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 procedures issued 
     pursuant to this section 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; and
       (4) the staffing of contract management and oversight 
     functions.
       (b) 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 150 
     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. 848. IMPLEMENTATION AND ENFORCEMENT OF REQUIREMENTS 
                   APPLICABLE TO UNDEFINITIZED CONTRACTUAL 
                   ACTIONS.

       (a) Guidance and Instructions.--Not later than 120 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 schedules for the 
     definitization of undefinitized contractual actions are not 
     exceeded;
       (4) procedures for ensuring compliance with limitations on 
     the obligation of funds pursuant to undefinitized contractual 
     actions (including,

[[Page S12608]]

     where feasible, the obligation of less than the maximum 
     allowed at time of award);
       (5) procedures (including appropriate documentation 
     requirements) for ensuring that reduced risk is taken into 
     account in negotiating 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 schedules or limitations 
     on the obligation of funds.
       (c) Reports.--
       (1) Report on guidance and instructions.--Not later than 
     150 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.

          Subtitle D--Department of Defense Contractor Matters

     SEC. 861. 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 or an 
     authorized official of an agency or the Department of 
     Justice'' 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, or an authorized official of an agency or the 
     Department of Justice, including in the case of a disclosure 
     made in the ordinary course of an employee's duties,''; 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, grant, or direct payment if the United States 
     Government provides any portion of the money or property 
     which is requested or demanded, 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), grant, or direct payment if 
     the United States Government provides any portion of the 
     money or property which is requested or demanded''.
       (b) Acceleration of Schedule for Denying Relief or 
     Providing Remedy.--Subsection (c) of such section is 
     amended--
       (1) in paragraph (1)--
       (A) by inserting after ``(1)'' the following: ``Not later 
     than 90 days after receiving an Inspector General report 
     pursuant to subsection (b), the head of the agency concerned 
     shall determine whether the contractor concerned has 
     subjected the complainant to a reprisal prohibited under 
     subsection (a).''; and
       (B) by adding at the end the following new subparagraphs:
       ``(D) In the event the disclosure relates to a cost-plus 
     contract, prohibit the contractor from receiving one or more 
     award fee payments to which the contractor would otherwise be 
     eligible until such time as the contractor takes the actions 
     ordered by the head of the agency pursuant to subparagraphs 
     (A) through (C).
       ``(E) Take the reprisal into consideration in any past 
     performance evaluation of the contractor for the purpose of a 
     contract award.'';
       (2) by redesignating paragraph (3) as paragraph (4); and
       (3) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3)(A) In the case of a contract covered by subsection 
     (f), an employee of a contractor who has been discharged, 
     demoted, or otherwise discriminated against as a reprisal for 
     a disclosure covered by subsection (a) or who is aggrieved by 
     the determination made pursuant to paragraph (1) or by an 
     action that the agency head has taken or failed to take 
     pursuant to such determination may, after exhausting his or 
     her administrative remedies, 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.
       ``(B) An employee shall be deemed to have exhausted his or 
     her administrative remedies for the purpose of this 
     paragraph--
       ``(i) 90 days after the receipt of a written determination 
     under paragraph (1); or
       ``(ii) 15 months after a complaint is submitted under 
     subsection (b), if a determination by an agency head has not 
     been made by that time and such delay is not shown to be due 
     to the bad faith of the complainant.''.
       (c) Legal Burden of Proof.--Such section is further 
     amended--
       (1) by redesignating subsection (e) as subsection (g); and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Legal Burden of Proof.--The legal burdens of proof 
     specified in section 1221(e) of title 5 shall be controlling 
     for the purposes of any investigation conducted by an 
     inspector general, decision by the head of an agency, or 
     hearing to determine whether discrimination prohibited under 
     this section has occurred.''.
       (d) Requirement To Notify Employees of Rights Related to 
     Protection From Reprisal.--Such section, as amended by 
     subsection (c), is further amended by inserting after 
     subsection (e) the following new subsection:
       ``(f) Notice of Rights Related to Protection From 
     Reprisal.--
       ``(1) In general.--Each Department of Defense contract in 
     excess of $5,000,000, other than a contract for the purchase 
     of commercial items, shall include a clause requiring the 
     contractor to ensure that all employees of the contractor who 
     are working on Department of Defense contracts are notified 
     of--
       ``(A) their rights under this section;
       ``(B) the fact that the restrictions imposed by any 
     employee contract, employee agreement, or non-disclosure 
     agreement may not supersede, conflict with, or otherwise 
     alter the employee rights provided for under this section; 
     and
       ``(C) the telephone number for the whistleblower hotline of 
     the Inspector General of the Department of Defense.
       ``(2) Form of notice.--The notice required by paragraph (1) 
     shall be made by posting the required information at a 
     prominent place in each workplace where employees working on 
     the contract regularly work.''.
       (e) Definitions.--Subsection (g) of such section, as 
     redesignated by subsection (c)(1), is amended--
       (1) in paragraph (4), by inserting after ``an agency'' the 
     following: ``and includes any person receiving funds covered 
     by the prohibition against reprisals in subsection (a)'';
       (2) in paragraph (5), by inserting after ``1978'' the 
     following: ``and any Inspector General that receives funding 
     from or is under the jurisdiction of the Secretary of 
     Defense''; and
       (3) by adding at the end the following new paragraphs:
       ``(6) The term `employee' means an individual (as defined 
     by section 2105 of title 5) or any individual or organization 
     performing services for a contractor, grantee, or other 
     recipient if the United States Government provides any 
     portion of the money or property which is requested or 
     demanded (including as an employee of an organization).
       ``(7) The term `Department of Defense funds' includes funds 
     controlled by the Department of Defense and funds for which 
     the Department of Defense may be reasonably regarded as 
     responsible to a third party.''.

     SEC. 862. REQUIREMENTS FOR DEFENSE CONTRACTORS RELATING TO 
                   CERTAIN FORMER DEPARTMENT OF DEFENSE OFFICIALS.

       (a) Requirements.--
       (1) In general.--Chapter 141 of title 10, United States 
     Code, as amended by section 826 of this Act, is further 
     amended by adding at the end the following new section:

     ``Sec. 2410r. Defense contractors: requirements concerning 
       former Department of Defense officials

       ``(a) In General.--Each contract for the procurement of 
     goods or services in excess of $10,000,000, other than a 
     contract for the procurement of commercial items, that is 
     entered into by the Department of Defense shall include a 
     provision under which the contractor agrees to submit to the 
     Secretary of Defense, not later than April 1 of each year 
     such contract is in effect, a written report setting forth 
     the information required by subsection (b).
       ``(b) Report Information.--Except as provided in subsection 
     (c), a report by a contractor under subsection (a) shall--
       ``(1) list the name of each person who--
       ``(A) is a former officer or employee of the Department of 
     Defense or a former or retired member of the armed forces who 
     served--
       ``(i) in an Executive Schedule position under subchapter II 
     of chapter 53 of title 5;
       ``(ii) in a position in the Senior Executive Service under 
     subchapter VIII of chapter 53 of title 5;
       ``(iii) in a general or flag officer position compensated 
     at a rate of pay for grade 0-7 or above under section 201 of 
     title 37; or
       ``(iv) 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 with a value in 
     excess of $10,000,000; and
       ``(B) during the preceding calendar year was provided 
     compensation by the contractor, if such compensation was 
     first provided by the contractor not more than two years 
     after such officer, employee, or member left service in the 
     Department of Defense; and
       ``(2) in the case of each person listed under paragraph 
     (1)--
       ``(A) identify the agency in which such person was employed 
     or served on active duty during the last two years of such 
     person's service with the Department of Defense;
       ``(B) state such person's job title and identify each major 
     defense system, if any, on which such person performed any 
     work with the Department of Defense during the last two years 
     of such person's service with the Department; and
       ``(C) state such person's current job title with the 
     contractor and identify each major defense system on which 
     such person has performed any work on behalf of the 
     contractor.

[[Page S12609]]

       ``(c) Duplicate Information Not Required.--An annual report 
     submitted by a contractor pursuant to subsection (b) need not 
     provide information with respect to any former officer or 
     employee of the Department of Defense or former or retired 
     member of the armed forces if such information has already 
     been provided in a previous annual report filed by such 
     contractor under this section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 141 of such title, as so amended, is 
     further amended by adding at the end the following new item:

``2410r. Defense contractors: requirements concerning former Department 
              of Defense officials.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to contracts entered into on or 
     after that date.

     SEC. 863. 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 
     received more than $500,000,000 in contract awards from the 
     Department of Defense during fiscal year 2006.

     SEC. 864. REPORT ON DEPARTMENT OF DEFENSE CONTRACTING WITH 
                   CONTRACTORS OR SUBCONTRACTORS EMPLOYING MEMBERS 
                   OF THE SELECTED RESERVE.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study on contracting with the Department of Defense by 
     actual and potential contractors and subcontractors of the 
     Department who employ members of the Selected Reserve of the 
     reserve components of the Armed Forces.
       (b) Elements.--The study required by subsection (a) shall 
     address the following:
       (1) The extent to which actual and potential contractors 
     and subcontractors of the Department, including small 
     businesses, employ members of the Selected Reserve.
       (2) The extent to which actual and potential contractors 
     and subcontractors of the Department have been or are likely 
     to be disadvantaged in the performance of contracts with the 
     Department, or in competition for new contracts with the 
     Department, when employees who are such members are mobilized 
     as part of a United States military operation overseas.
       (3) Any actions that, in the view of the Secretary, should 
     be taken to address any such disadvantage, including--
       (A) the extension of additional time for the performance of 
     contracts to contractors and subcontractors of the Department 
     who employ members of the Selected Reserve who are mobilized 
     as part of a United States military operation overseas; and
       (B) the provision of assistance in forming contracting 
     relationships with other entities to ameliorate the temporary 
     loss of qualified personnel.
       (4) For any action addressed under paragraph (3)--
       (A) the impact of that action on small business concerns 
     (as that term is defined in section 3 of the Small Business 
     Act (15 U.S.C. 632)); and
       (B) how contractors and subcontractors that are small 
     business concerns may assist in addressing any such 
     disadvantage.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study required by this section. The report 
     shall set forth the findings and recommendations of the 
     Secretary as a result of the study.
       (d) Repeal of Superseded Authority.--Section 819 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3385; 10 U.S.C. 2305 note) is 
     repealed.

     SEC. 865. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL 
                   OUTSIDE THE ACQUISITION WORKFORCE.

       (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) 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 added).''.

                       Subtitle E--Other Matters

     SEC. 871. 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 shall 
     prescribe regulations on the selection, training, equipping, 
     and conduct of personnel performing private security 
     functions under a covered contract or covered subcontract 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 and subcontractors 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 filled 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, where 
     appropriate, 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) qualification, training, screening, and security 
     requirements 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 and 
     subcontractors performing private security functions relating 
     to force protection, security, health, safety, or relations 
     and interaction with locals;
       (ii) predeployment training requirements for personnel 
     performing private security functions

[[Page S12610]]

     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 Department of Defense shall 
     implement the training requirements referred to in 
     subparagraph (G)(ii).
       (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 and subcontractors referred to in 
     that paragraph, including through the maintenance of a single 
     location (including an Internet website) at or through which 
     such contractors and subcontractors 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 and covered subcontract of a contract clause 
     addressing the selection, training, equipping, and conduct of 
     personnel performing private security functions under such 
     contract or subcontract.
       (2) Clause requirement.--The contract clause required by 
     paragraph (1) shall require, at a minimum, that the 
     contractor or subcontractor concerned shall--
       (A) comply with Department of Defense procedures 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 or subcontract are briefed on 
     and understand their obligation to comply with--
       (i) qualification, training, screening, 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 or subcontractor;
       (iii) orders, directives, and instructions issued by the 
     applicable commander of a combatant command relating to 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)(D) by 
     providing access to employees of the contractor or 
     subcontractor, as the case may be, and relevant information 
     in the possession of the contractor or subcontractor, as the 
     case may be, regarding the incident concerned.
       (3) Noncompliance of personnel with clause.--The 
     contracting officer for a covered contract or subcontract may 
     direct the contractor or subcontractor, 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 significant or repeated, the contract or 
     subcontract may be terminated for default.
       (4) Applicability.--The contract clause required by this 
     subsection shall be included in all covered contracts and 
     covered subcontracts 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 and covered subcontracts awarded before such date.
       (5) Inspector general report on pilot program on imposition 
     of fines for noncompliance of personnel with clause.--Not 
     later than January 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 or 
     subcontractors 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) Definitions.--In this section:
       (1) The term ``covered contract'' means 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).
       (2) The term ``covered subcontract'' means a subcontract 
     for the performance of private security functions at any tier 
     under a covered contract.
       (3) The term ``private security functions'' means 
     activities engaged in by a contractor or subcontractor under 
     a covered contract or subcontract 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.

     SEC. 872. 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. 873. 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;

[[Page S12611]]

       (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 the Clinger-Cohen Act (division E 
     of Public Law 104-106) and the Paperwork Reduction Act of 
     1995 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 performance metrics 
     currently 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. 874. ENHANCEMENT AND EXTENSION OF ACQUISITION AUTHORITY 
                   FOR THE UNIFIED COMBATANT COMMAND FOR JOINT 
                   WARFIGHTING EXPERIMENTATION.

       (a) Sustainment of Equipment.--
       (1) In general.--Subsection (a) of section 167a of title 
     10, United States Code, is amended by striking ``and 
     acquire'' and inserting ``, acquire, and sustain''.
       (2) Conforming amendment.--Subsection (d) of such section 
     is amended in the matter preceding paragraph (1) by striking 
     ``or acquisition'' and inserting ``, acquisition, or 
     sustainment''.
       (b) Two-Year Extension.--Subsection (f) of such section is 
     amended--
       (1) by striking ``through 2008'' and inserting ``through 
     2010''; and
       (2) by striking ``September 30, 2008'' and inserting 
     ``September 30, 2010''.

     SEC. 875. REPEAL OF REQUIREMENT FOR IDENTIFICATION OF 
                   ESSENTIAL MILITARY ITEMS AND MILITARY SYSTEM 
                   ESSENTIAL ITEM BREAKOUT LIST.

       Section 813 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1543) is 
     repealed.

     SEC. 876. GREEN PROCUREMENT POLICY.

       (a) Findings.--The Senate makes the following findings:
       (1) On September 1, 2004, the Department of Defense issued 
     its green procurement policy. The policy affirms a goal of 
     100 percent compliance with Federal laws and executive orders 
     requiring purchase of environmentally friendly, or green, 
     products and services. The policy also outlines a strategy 
     for meeting those requirements along with metrics for 
     measuring progress.
       (2) On September 13, 2006, the Department of Defense hosted 
     a biobased product showcase and educational event which 
     underscores the importance and seriousness with which the 
     Department is implementing its green procurement program.
       (3) On January 24, 2007, President Bush signed Executive 
     Order 13423: Strengthening Federal Environmental, Energy, and 
     Transportation Management, which contains the requirement 
     that Federal agencies procure biobased and environmentally 
     preferable products and services.
       (4) Although the Department of Defense continues to work to 
     become a leading advocate of green procurement, there is 
     concern that there is not a procurement application or 
     process in place at the Department that supports compliance 
     analysis.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Department of Defense should establish a system to 
     document and track the use of environmentally preferable 
     products and services.
       (c) 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 its 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.

     SEC. 877. GAO 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, since the 
     date of enactment of the Defense Production Act 
     Reauthorization of 2003 (Public Law 108-195), in light of 
     amendments made by that Act.
       (b) Considerations.--In conducting the review required by 
     this section, the Comptroller shall examine--
       (1) existing authorities under the Defense Production Act 
     of 1950;
       (2) whether and how such authorities should be statutorily 
     modified to ensure preparedness of the United States and 
     United States industry--
       (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 effectiveness of amendments made by the Defense 
     Production Act Reauthorization of 2003, and the 
     implementation of such amendments;
       (4) advantages and limitations of Defense Production Act of 
     1950-related capabilities, to ensure adaptation of the law to 
     meet the security challenges of the 21st Century;
       (5) the economic impact of foreign offset contracts and the 
     efficacy of existing authority in mitigating such impact;
       (6) the relative merit of developing rapid and standardized 
     systems for use of the authority provided under the Defense 
     Production Act of 1950, by any Federal agency; and
       (7) such other issues as the Comptroller determines 
     relevant.
       (c) Report to Congress.--Not later than 120 days after the 
     date of enactment of this Act, the Comptroller shall submit a 
     report to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate on the results of the review conducted 
     under this section, together with any legislative 
     recommendations.
       (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. 878. TRANSPARENCY AND ACCOUNTABILITY IN MILITARY AND 
                   SECURITY CONTRACTING.

       (a) Reports on Iraq and Afghanistan Contracts.--Not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of Defense, the Secretary of State, the Secretary 
     of the Interior, the Administrator of the United States 
     Agency for International Development, and the Director of 
     National Intelligence shall each submit to Congress a report 
     that contains the information, current as of the date of the 
     enactment of this Act, as follows:
       (1) The number of persons performing work in Iraq and 
     Afghanistan under contracts (and subcontracts at any tier) 
     entered into by departments and agencies of the United States 
     Government, including the Department of Defense, the 
     Department of State, the Department of the Interior, and the 
     United States Agency for International Development, 
     respectively, and a brief description of the functions 
     performed by these persons.
       (2) The companies awarded such contracts and subcontracts.
       (3) The total cost of such contracts.
       (4) A method for tracking the number of persons who have 
     been killed or wounded in performing work under such 
     contracts.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary of Defense, the Secretary of State, the 
     Secretary of the Interior, the Administrator of the United 
     States Agency for International Development, and the Director 
     of National Intelligence should make their best efforts to 
     compile the most accurate accounting of the number of 
     civilian contractors killed or wounded in Iraq and 
     Afghanistan since October 1, 2001.
       (c) Department of Defense Report on Strategy for and 
     Appropriateness of Activities of Contractors Under Department 
     of Defense Contracts in Iraq, Afghanistan, and the Global War 
     on Terror.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth the strategy of the 
     Department of Defense for the use of, and a description of 
     the activities being carried out by, contractors and 
     subcontractors working in Iraq and Afghanistan in support of 
     Department missions in Iraq, Afghanistan, and the Global War 
     on Terror, including its strategy for ensuring that such 
     contracts do not--
       (1) have private companies and their employees performing 
     inherently governmental functions; or
       (2) place contractors in supervisory roles over United 
     States Government personnel.

[[Page S12612]]

     SEC. 879. MOAB SITE AND CRESCENT JUNCTION SITE, UTAH.

       (a) The Secretary of Energy shall develop a strategy to 
     complete the remediation at the Moab site, and the removal of 
     the tailings to the Crescent Junction site, in the State of 
     Utah by not later than January 1, 2019.
       (b) Not later than 90 days after the date of enactment of 
     this Act, the Secretary shall submit to the Committee on 
     Energy and Natural Resources of the Senate, the Committee on 
     Energy and Commerce of the House of Representatives, and the 
     Committee on Appropriations of each of the Senate and the 
     House of Representatives a report describing the strategy 
     developed under subsection (a) and changes to the existing 
     cost, scope and schedule of the remediation and removal 
     activities that will be necessary to implement the strategy.

      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.

       (a) Repeal.--Section 130a of title 10, United States Code, 
     is repealed.
       (b) 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.

     SEC. 902. CHIEF MANAGEMENT OFFICERS OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Service of Deputy Secretary of Defense as Chief 
     Management Officer of Department of Defense.--Section 132 of 
     title 10, 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)(1) The Deputy Secretary--
       ``(A) serves as the Chief Management Officer of the 
     Department of Defense; and
       ``(B) is the principal adviser to the Secretary of Defense 
     on matters relating to the management of the Department of 
     Defense, including the development, approval, implementation, 
     integration, and oversight of policies, procedures, 
     processes, and systems for the management of the Department 
     of Defense that relate to the performance of the following 
     functions:
       ``(i) Planning and budgeting, including performance 
     measurement.
       ``(ii) Acquisition.
       ``(iii) Logistics.
       ``(iv) Facilities, installations, and environment.
       ``(v) Financial management.
       ``(vi) Human resources and personnel.
       ``(vii) Management of information resources, including 
     information technology, networks, and telecommunications 
     functions.
       ``(2) In carrying out the duties of Chief Management 
     Officer of the Department of Defense, the Deputy Secretary 
     shall--
       ``(A) develop and maintain a departmentwide strategic plan 
     for business reform identifying key initiatives to be 
     undertaken by the Department of Defense and its components, 
     together with related resource needs;
       ``(B) establish performance goals and measures for 
     improving and evaluating the overall economy, efficiency, and 
     effectiveness of the business operations of the Department of 
     Defense;
       ``(C) monitor the progress of the Department of Defense and 
     its components in meeting performance goals and measures 
     established pursuant to subparagraph (B);
       ``(D) review and approve plans and budgets for business 
     reform, including any proposed changes to policies, 
     procedures, processes, and systems, to ensure the 
     compatibility of such plans and budgets with the strategic 
     plan for business reform established pursuant to subparagraph 
     (A);
       ``(E) oversee the development of, and review and approve, 
     all budget requests for defense business systems, including 
     the information to be submitted to Congress under section 
     2222(h) of this title; and
       ``(F) subject to the authority, direction, and control of 
     the Secretary of Defense, perform the responsibilities of the 
     Secretary under section 2222 of this title.
       ``(3) The Deputy Secretary exercises the authority of the 
     Secretary of Defense in the performance of the duties of 
     Chief Management Officer of the Department of Defense under 
     this subsection subject to the authority, direction, and 
     control of the Secretary. The exercise of that authority is 
     binding on the Secretaries of the military departments and 
     the heads of the other elements and components of the 
     Department of Defense.''.
       (b) Deputy Chief Management Officer.--
       (1) In general.--Chapter 4 of such title is amended by 
     inserting after section 133b the following new section:

     ``Sec. 133c. Under Secretary of Defense for Management 
       (Deputy Chief Management Officer)

       ``(a) There is an Under Secretary of Defense for Management 
     (Deputy Chief Management Officer), appointed from civilian 
     life by the President, by and with the advice and consent of 
     the Senate, from among persons who have--
       ``(1) extensive executive level leadership and management 
     experience in the public or private sector;
       ``(2) strong leadership skills;
       ``(3) a demonstrated ability to manage large and complex 
     organizations; and
       ``(4) a record of achieving positive operational results.
       ``(b) The Under Secretary of Defense for Management (Deputy 
     Chief Management Officer) shall assist the Deputy Secretary 
     of Defense in the performance of his duties as Chief 
     Management Officer. The Under Secretary of Defense for 
     Management (Deputy Chief Management Officer) shall act for, 
     and exercise the powers of, the Chief Management Officer when 
     the Deputy Secretary is absent or disabled or there is no 
     Deputy Secretary.
       ``(c)(1) With respect to all matters for which he has 
     responsibility by law or by direction of the Secretary of 
     Defense, the Under Secretary of Defense for Management 
     (Deputy Chief Management Officer) takes precedence in the 
     Department of Defense after the Secretary of Defense and the 
     Deputy Secretary of Defense.
       ``(2) With respect to all matters other than matters for 
     which he has responsibility by law or by direction of the 
     Secretary of Defense, the Under Secretary takes precedence in 
     the Department of Defense after the Secretaries of the 
     military departments and the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 133b the following new item:

``133c. Under Secretary of Defense for Management (Deputy 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:
       ``Under Secretary of Defense for Management (Deputy Chief 
     Management Officer).''.
       (4) Placement in osd.--Section 131(b)(2) of title 10, 
     United States Code, is amended--
       (A) by redesignating subparagraphs (B) through (E) as 
     subparagraphs (C) through (F), respectively; and
       (B) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) The Under Secretary of Defense for Management (Deputy 
     Chief Management Officer).''.
       (5) Conforming amendment.--Section 134(c) of such title is 
     amended by striking ``the Secretary of Defense'' and all that 
     follows and inserting ``the Under Secretary of Defense for 
     Management (Deputy Chief Management Officer).''.
       (c) Chief Management Officers of the Military 
     Departments.--
       (1) Department of the army.--Section 3015 of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(c)(1) The Under Secretary serves as the Chief Management 
     Officer of the Department of the Army.
       ``(2) The Under Secretary is the principal adviser to the 
     Secretary of the Army on matters relating to the management 
     of the Department of the Army, including the development, 
     approval, implementation, integration, and oversight of 
     policies, procedures, processes, and systems for the 
     management of the Department of the Army that relate to the 
     performance of the following functions:
       ``(A) Planning and budgeting, including performance 
     measurement.
       ``(B) Acquisition.
       ``(C) Logistics.
       ``(D) Facilities, installations, and environment.
       ``(E) Financial management.
       ``(F) Human resources and personnel.
       ``(G) Management of information resources, including 
     information technology, networks, and telecommunications 
     functions.
       ``(3) Subject to the direction and oversight of the Chief 
     Management Officer and Deputy Chief Management Officer of the 
     Department of Defense, the Under Secretary shall be 
     responsible for--
       ``(A) developing and maintaining a strategic plan for 
     business reform that identifies key initiatives to be 
     undertaken by the Department of the Army for business reform, 
     together with related resource needs;
       ``(B) establishing performance goals and measures for 
     improving and evaluating the overall economy, efficiency, and 
     effectiveness of the business operations of the Department of 
     the Army;
       ``(C) monitoring the progress of the Department of the Army 
     and its components in meeting the performance goals and 
     measures established pursuant to subparagraph (B);
       ``(D) reviewing and approving the plans and budgets of the 
     Department of the Army for business reform, including any 
     proposed changes to policies, procedures, processes, and 
     systems, to ensure the compatibility of such plans and 
     budgets with the strategic plan for business reform 
     established pursuant to subparagraph (A); and
       ``(E) overseeing the development of, and reviewing and 
     approving, all budget requests for defense business systems 
     by the Department of the Army, including the information to 
     be submitted to Congress under section 2222(h) of this 
     title.''.
       (2) Department of the navy.--Section 5015 of such title is 
     amended by adding at the end the following new subsection:
       ``(c)(1) The Under Secretary serves as the Chief Management 
     Officer of the Department of the Navy.
       ``(2) The Under Secretary is the principal adviser to the 
     Secretary of the Navy on matters relating to the management 
     of the Department of the Navy, including the development, 
     approval, implementation, integration, and oversight of 
     policies, procedures, processes, and systems for the 
     management of the Department of the Navy that relate to the 
     performance of the following functions:
       ``(A) Planning and budgeting, including performance 
     measurement.
       ``(B) Acquisition.
       ``(C) Logistics.
       ``(D) Facilities, installations, and environment.

[[Page S12613]]

       ``(E) Financial management.
       ``(F) Human resources and personnel.
       ``(G) Management of information resources, including 
     information technology, networks, and telecommunications 
     functions.
       ``(3) Subject to the direction and oversight of the Chief 
     Management Officer and Deputy Chief Management Officer of the 
     Department of Defense, the Under Secretary shall be 
     responsible for--
       ``(A) developing and maintaining a strategic plan for 
     business reform that identifies key initiatives to be 
     undertaken by the Department of the Navy for business reform, 
     together with related resource needs;
       ``(B) establishing performance goals and measures for 
     improving and evaluating the overall economy, efficiency, and 
     effectiveness of the business operations of the Department of 
     the Navy;
       ``(C) monitoring the progress of the Department of the Navy 
     and its components in meeting the performance goals and 
     measures established pursuant to subparagraph (B);
       ``(D) reviewing and approving the plans and budgets of the 
     Department of the Navy for business reform, including any 
     proposed changes to policies, procedures, processes, and 
     systems, to ensure the compatibility of such plans and 
     budgets with the strategic plan for business reform 
     established pursuant to subparagraph (A); and
       ``(E) overseeing the development of, and reviewing and 
     approving, all budget requests for defense business systems 
     by the Department of the Navy, including the information to 
     be submitted to Congress under section 2222(h) of this 
     title.''.
       (3) Department of the air force.--Section 8015 of such 
     title is amended by adding at the end the following new 
     subsection:
       ``(c)(1) The Under Secretary serves as the Chief Management 
     Officer of the Department of the Air Force.
       ``(2) The Under Secretary is the principal adviser to the 
     Secretary of the Air Force on matters relating to the 
     management of the Department of the Air Force, including the 
     development, approval, implementation, integration, and 
     oversight of policies, procedures, processes, and systems for 
     the management of the Department of the Air Force that relate 
     to the performance of the following functions:
       ``(A) Planning and budgeting, including performance 
     measurement.
       ``(B) Acquisition.
       ``(C) Logistics.
       ``(D) Facilities, installations, and environment.
       ``(E) Financial management.
       ``(F) Human resources and personnel.
       ``(G) Management of information resources, including 
     information technology, networks, and telecommunications 
     functions.
       ``(3) Subject to the direction and oversight of the Chief 
     Management Officer and Deputy Chief Management Officer of the 
     Department of Defense, the Under Secretary shall be 
     responsible for--
       ``(A) developing and maintaining a strategic plan for 
     business reform that identifies key initiatives to be 
     undertaken by the Department of the Air Force for business 
     reform, together with related resource needs;
       ``(B) establishing performance goals and measures for 
     improving and evaluating the overall economy, efficiency, and 
     effectiveness of the business operations of the Department of 
     the Air Force;
       ``(C) monitoring the progress of the Department of the Air 
     Force and its components in meeting the performance goals and 
     measures established pursuant to subparagraph (B);
       ``(D) reviewing and approving the plans and budgets of the 
     Department of the Air Force for business reform, including 
     any proposed changes to policies, procedures, processes, and 
     systems, to ensure the compatibility of such plans and 
     budgets with the strategic plan for business reform 
     established pursuant to subparagraph (A); and
       ``(E) overseeing the development of, and reviewing and 
     approving, all budget requests for defense business systems 
     by the Department of the Air Force, including the information 
     to be submitted to Congress under section 2222(h) of this 
     title.''.
       (d) Matters Relating to Financial Management Modernization 
     Executive Committee.--Section 185(a) of title 10, United 
     States Code, is amended--
       (1) in paragraph (2)--
       (A) by redesignating subparagraphs (A) through (E) as 
     subparagraphs (C) though (G), respectively; and
       (B) by inserting before subparagraph (C), as redesignated 
     by subparagraph (A) of this paragraph, the following new 
     subparagraphs:
       ``(A) The Deputy Secretary of Defense, who shall be the 
     chairman of the committee.
       ``(B) The Under Secretary of Defense for Management (Deputy 
     Chief Management Officer), who shall act as the chairman of 
     the committee in the absence of the Deputy Secretary of 
     Defense.''; and
       (C) in subparagraph (C), as so redesignated, by striking 
     ``, who shall be the chairman of the committee''; and
       (2) in paragraph (3), by inserting ``the Under Secretary of 
     Defense for Management (Deputy Chief Management Officer),'' 
     after ``the Deputy Secretary of Defense,''.
       (e) Matters Relating to Defense Business System Management 
     Committee.--Section 186 of such title is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (2) through (7) as 
     paragraphs (3) through (8), respectively; and
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Under Secretary of Defense for Management (Deputy 
     Chief Management Officer).''; and
       (2) in subsection (b), by striking the second sentence and 
     inserting the following new sentence: ``The Under Secretary 
     of Defense for Management (Deputy Chief Management Officer) 
     shall serve as the vice chairman of the committee, and shall 
     act as the chairman of the committee in the absence of the 
     Deputy Secretary of Defense.''.
       (f) Management of Defense Business Transformation Agency.--
     Section 192(e)(2) of such title is amended by striking ``that 
     the Agency'' and all that follows and inserting ``that the 
     Director of the Agency shall report directly to the Under 
     Secretary of Defense for Management (Deputy Chief Management 
     Officer).''.

     SEC. 903. 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. 904. 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.

[[Page S12614]]

       (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. 905. 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 
     Deputy, who shall be a lieutenant general of the Army on 
     active duty. The Principal Deputy shall be appointed from 
     among officers who have significant experience in the areas 
     of acquisition and program management. The position of 
     Principal 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 
     Deputy, who shall be a vice admiral of the Navy or a 
     lieutenant general of the Marine Corps on active duty. The 
     Principal Deputy shall be appointed from among officers who 
     have significant experience in the areas of acquisition and 
     program management. The position of Principal 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 
     Deputy, who shall be a lieutenant general of the Air Force on 
     active duty. The Principal Deputy shall be appointed from 
     among officers who have significant experience in the areas 
     of acquisition and program management. The position of 
     Principal 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 
     Deputy to a service acquisition executive shall be 
     responsible for keeping the Chief of Staff of the Armed Force 
     concerned informed of the progress of major defense 
     acquisition programs.
       (e) Exclusion of Principal Military Deputies From 
     Distribution and Strength in Grade Limitations.--
       (1) Distribution.--Section 525(b) of such title is amended 
     by adding at the end the following new paragraph:
       ``(9)(A) An officer while serving in a position specified 
     in subparagraph (B) is in addition to the number that would 
     otherwise be permitted for that officer's armed force for the 
     grade of lieutenant general or vice admiral, as applicable.
       ``(B) A position specified in this subparagraph is each 
     position as follows:
       ``(i) Principal Deputy to the Assistant Secretary of the 
     Army for Acquisition, Logistics, and Technology.
       ``(ii) Principal Deputy to the Assistant Secretary of the 
     Navy for Research, Development, and Acquisition.
       ``(iii) Principal Deputy to the Assistant Secretary of the 
     Air Force for Acquisition.''.
       (2) Authorized strength.--Section 526 of such title is 
     amended by adding at the end the following new subsection:
       ``(g) Exclusion of Principal Deputies to Assistant 
     Secretaries of the Military Departments for Acquisition 
     Matters.--The limitations of this section do not apply to a 
     general or flag officer who is covered by the exclusion under 
     section 525(b)(9) of this title.''.

     SEC. 906. FLEXIBLE AUTHORITY FOR NUMBER OF ARMY DEPUTY CHIEFS 
                   OF STAFF AND ASSISTANT CHIEFS OF STAFF.

       Subsection (b) of section 3035 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. The 
     aggregate number of such positions may not exceed eight 
     positions.''.

     SEC. 907. 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 Matters

     SEC. 921. SPACE POSTURE REVIEW.

       (a) Requirement for Comprehensive Review.--In order to 
     clarify the national security space policy and strategy of 
     the United States for the near term, the Secretary of Defense 
     and the Director of National Intelligence shall jointly 
     conduct a comprehensive review of the space posture of the 
     United States over the posture review period.
       (b) Elements of Review.--The review conducted under 
     subsection (a) shall include, for the posture review period, 
     the following:
       (1) The definition, policy, requirements, and objectives 
     for each of the following:
       (A) Space situational awareness.
       (B) Space control.
       (C) Space superiority, including defensive and offensive 
     counterspace.
       (D) Force enhancement and force application.
       (E) Space-based intelligence and surveillance and 
     reconnaissance from space.
       (F) Any other matter the Secretary considers relevant to 
     understanding the space posture of the United States.
       (2) A description of current and planned space acquisition 
     programs that are in acquisition categories 1 and 2, 
     including how each such program will address the policy, 
     requirements, and objectives described under each of 
     subparagraphs (A) through (F) of paragraph (1).
       (3) A description of future space systems and technology 
     development (other than such systems and technology in 
     development as of the date of the enactment of this Act) 
     necessary to address the policy, requirements, and objectives 
     described under each of subparagraphs (A) through (F) of 
     paragraph (1).
       (4) An assessment of the relationship among the following:
       (A) United States military space policy.
       (B) National security space policy.
       (C) National security space objectives.
       (D) Arms control policy.
       (5) An assessment of the effect of the military and 
     national security space policy of the United States on the 
     proliferation of weapons capable of targeting objects in 
     space or objects on Earth from space.
       (c) Report.--
       (1) In general.--Not later than December 1, 2009, the 
     Secretary of Defense and the Director of National 
     Intelligence shall jointly submit to the congressional 
     committees specified in paragraph (3) a report on the review 
     conducted under subsection (a).
       (2) Form of report.--The report under this subsection shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (3) Committees.--The congressional committees specified in 
     this paragraph are--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (d) Posture Review Period Defined.--In this section, the 
     term ``posture review period'' means the 10-year period 
     beginning on February 1, 2009.

     SEC. 922. 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--Other Matters

     SEC. 931. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF 
                   CLIMATE CHANGE ON DEPARTMENT FACILITIES, 
                   CAPABILITIES, AND MISSIONS.

       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 this 
     subsection 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 this

[[Page S12615]]

     subsection 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) The Secretary shall ensure that this subsection is 
     implemented in a manner that does not have a negative impact 
     on national security.
       ``(5) 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).''.

     SEC. 932. BOARD OF REGENTS FOR THE UNIFORMED SERVICES 
                   UNIVERSITY OF THE HEALTH SCIENCES.

       (a) Appointments.--
       (1) In general.--Section 2113 of title 10, United States 
     Code, is amended--
       (A) in subsection (a)(1), by striking ``by the President, 
     by and with the advice and consent of the Senate'' and 
     inserting ``by the Secretary of Defense''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by adding ``and'' at the end;
       (ii) by striking paragraph (2); and
       (iii) by redesignating paragraph (3) as paragraph (2).
       (2) Chairman.--Subsection (c) of such section is amended by 
     striking ``the President'' and inserting ``the Secretary''.
       (b) Statutory Redesignation of Dean as President.--
       (1) Section 2113 of such title is further amended by 
     striking ``Dean'' each place it appears in subsections (d) 
     and (f)(1) and inserting ``President''.
       (2) Section 2114(e) of such title is amended by striking 
     ``Dean'' each place it appears in paragraphs (3) and (5).
       (c) Compensation of Members for Performance of Duties.--
     Subsection (e) of section 2113 of such title is further 
     amended by striking ``but not exceeding $100 per diem''.

     SEC. 933. UNITED STATES MILITARY CANCER INSTITUTE.

       (a) Establishment.--Chapter 104 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2117. United States Military Cancer Institute

       ``(a) Establishment.--The Secretary of Defense shall 
     establish in the University the United States Military Cancer 
     Institute. The Institute shall be established pursuant to 
     regulations prescribed by the Secretary.
       ``(b) Purposes.--The purposes of the Institute are as 
     follows:
       ``(1) To establish and maintain a clearinghouse of data on 
     the incidence and prevalence of cancer among members and 
     former members of the armed forces.
       ``(2) To conduct research that contributes to the detection 
     or treatment of cancer among the members and former members 
     of the armed forces.
       ``(c) Head of Institute.--The Director of the United States 
     Military Cancer Institute is the head of the Institute. The 
     Director shall report to the President of the University 
     regarding matters relating to the Institute.
       ``(d) Elements.--(1) The Institute is composed of clinical 
     and basic scientists in the Department of Defense who have an 
     expertise in research, patient care, and education relating 
     to oncology and who meet applicable criteria for affiliation 
     with the Institute.
       ``(2) The components of the Institute include military 
     treatment and research facilities that meet applicable 
     criteria and are designated as affiliates of the Institute.
       ``(e) Research.--(1) The Director of the United States 
     Military Cancer Institute shall carry out research studies on 
     the following:
       ``(A) The epidemiological features of cancer, including 
     assessments of the carcinogenic effect of genetic and 
     environmental factors, and of disparities in health, inherent 
     or common among populations of various ethnic origins within 
     the members of the armed forces.
       ``(B) The prevention and early detection of cancer among 
     members and former members of the armed forces.
       ``(C) Basic, translational, and clinical investigation 
     matters relating to the matters described in subparagraphs 
     (A) and (B).
       ``(2) The research studies under paragraph (1) shall 
     include complementary research on oncologic nursing.
       ``(f) Collaborative Research.--The Director of the United 
     States Military Cancer Institute shall carry out the research 
     studies under subsection (e) in collaboration with other 
     cancer research organizations and entities selected by the 
     Institute for purposes of the research studies.
       ``(g) Annual Report.--(1) Not later than November 1 each 
     year, the Director of the United States Military Cancer 
     Institute shall submit to the President of the University a 
     report on the current status of the research studies being 
     carried out by the Institute under subsection (e).
       ``(2) Not later than 60 days after receiving a report under 
     paragraph (1), the President of the University shall transmit 
     such report to the Secretary of Defense and to Congress.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 104 of such title is amended by adding 
     at the end the following new item:

``2117. United States Military Cancer Institute.''.

     SEC. 934. WESTERN HEMISPHERE CENTER FOR EXCELLENCE IN HUMAN 
                   RIGHTS.

       (a) Center Authorized.--The Secretary of Defense may 
     establish and operate a center to be known as the Western 
     Hemisphere Center for Excellence in Human Rights.
       (b) Missions.--The missions of the Center shall be as 
     follows:
       (1) To provide and facilitate education, training, 
     research, strategic planning, and reform on the integration 
     of respect for human rights into all aspects of military 
     operations, doctrine, education, judicial systems, and other 
     internal control mechanisms, and into the relations of the 
     military with civil society, including the development of 
     programs to combat the growing phenomenon of trafficking in 
     persons.
       (2) To sponsor conferences, symposia, seminars, academic 
     exchanges, and courses, as well as special projects such as 
     studies, reviews, design of curricula, and evaluations, on 
     the matters covered by paragraph (1).
       (3) In carrying out its other mission, to place special 
     emphasis on the implementation of reforms that result in 
     measurable improvements in respect for human rights in the 
     provision of effective security.
       (c) Formulation and Execution of Programs.--
       (1) Concurrence of secretary of state.--The Secretary of 
     Defense may carry out this section only with the concurrence 
     of the Secretary of State.
       (2) Formulation and execution of programs.--The Secretary 
     of Defense and the Secretary of State shall--
       (A) jointly formulate any program or other activities 
     undertaken under this section; and
       (B) shall coordinate with one another, under procedures 
     that they jointly establish, to ensure appropriate 
     implementation of such programs and activities, including in 
     a manner that--
       (i) incorporates appropriate vetting procedures, 
     irrespective of the source of funding for the activity; and
       (ii) avoids duplication with existing programs.
       (d) Joint Operation With Educational Institutions and 
     Nongovernmental Organizations Authorized.--The Secretary of 
     Defense may enter into agreements with appropriate officials 
     of institutions of higher education and nongovernmental 
     organizations to provide for the joint operation of the 
     Center by the Secretary and such entities. Any such agreement 
     may provide for the institution or organization concerned to 
     furnish necessary administrative services for the Center, 
     including administration and allocation of funds.
       (e) Acceptance of Gifts and Donations.--
       (1) Acceptance authorized.--Except as provided in paragraph 
     (2), the Secretary of Defense may accept, on behalf of the 
     Center, gifts and donations to be used to defray the costs of 
     the Center or to enhance the operation of the Center. Any 
     such gift or donation may be accepted from any State or local 
     government, any foreign government, any foundation or other 
     charitable organization (including any that is organized or 
     operates under the laws of a foreign country), or any other 
     private source in the United States or a foreign country.
       (2) Limitation.--The Secretary may not accept a gift or 
     donation under paragraph (1) if acceptance of the gift or 
     donation would compromise or appear to compromise--
       (A) the ability of the Department of Defense, any employee 
     of the Department, or members of the Armed Forces to carry 
     out any responsibility or duty of the Department in a fair 
     and objective manner; or
       (B) the integrity of any program of the Department or of 
     any person involved in such a program.
       (3) Crediting.--Amounts accepted as a gift or donation 
     under paragraph (1) shall be credited to the appropriation 
     available to the Department of Defense for the Western 
     Hemisphere Center for Excellence in Human Rights. Amounts so 
     credited shall be merged with the appropriation to which 
     credited, and shall be available to the Center for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in the appropriation with which merged.
       (4) Annual report.--Not later than January 31 each year, 
     the Secretary shall submit to the congressional defense 
     committees a report on the gifts or donations accepted under 
     paragraph (1) during the preceding year. Each report shall 
     include, for the year covered by such report, a description 
     of each gift of donation so accepted, including--
       (A) the source of the gift or donation;
       (B) the amount of the gift or donation; and
       (C) the use of the gift or donation.

     SEC. 935. 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. 936. COMPTROLLER GENERAL ASSESSMENT OF PROPOSED 
                   REORGANIZATION OF THE OFFICE OF THE UNDER 
                   SECRETARY OF DEFENSE FOR POLICY.

       (a) Assessment Required.--Not later than March 1, 2008, the 
     Comptroller General of the

[[Page S12616]]

     United States shall submit to the congressional defense 
     committees a report containing an assessment of the proposed 
     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 are as follows:
       (1) Whether the proposed reorganization of the office will 
     further the stated purposes of the proposed reorganization in 
     the short-and long-term, namely whether the proposed 
     reorganization will enhance the ability of the Department of 
     Defense--
       (A) to address current security priorities, including the 
     war in Iraq and the global war on terrorism in Afghanistan 
     and elsewhere;
       (B) to manage geopolitical defense relationships; and
       (C) to anticipate future strategic shifts.
       (2) Whether, and to what extent, the proposed 
     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 proposed 
     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 proposed reorganization was 
     announced.
       (5) Whether the Department plans to evaluate progress in 
     achieving the stated goals of the proposed reorganization and 
     what metrics, if any, the Department has established to 
     assess the results of the reorganization.
       (6) The impact of the large span of responsibilities for 
     the Assistant Secretary of Defense for Special Operations and 
     Low Intensity Conflict under the proposed reorganization on 
     the ability of the Assistant Secretary to carry out the 
     principal duties of the Assistant Secretary under law.
       (7) The impact of the large span of responsibility for the 
     Assistant Secretary of Defense for Special Operations and Low 
     Intensity Conflict under the proposed reorganization, 
     including responsibility under the proposed reorganization 
     for each of the following:
       (A) Strategic capabilities.
       (B) Forces transformation.
       (C) Major budget programs.
       (8) The relationship between any global war on terrorism 
     task force that reports directly to the Under Secretary of 
     Defense for Policy, the Assistant Secretary of Defense for 
     Special Operations and Low Intensity Conflict, and the 
     Principal Deputy Under Secretary of Defense for Policy in 
     managing policy on combating terrorism.
       (9) The impact of the large span of responsibilities for 
     the proposed Deputy Assistant Secretary of Defense for 
     Counternarcotics, Counterproliferation, and Global Threats 
     under the proposed reorganization.
       (10) The impact of the proposed reorganization on 
     counternarcotics program execution.
       (11) The unique placement under the proposed reorganization 
     of both functional and regional issue responsibilities under 
     the single proposed Assistant Secretary of Defense for 
     Homeland Defense and Americas' Security Affairs.
       (12) The differentiation between the responsibilities of 
     the proposed Deputy Assistant Secretary of Defense for 
     Building Partnership Capacity Strategy and the proposed 
     Deputy Assistant Secretary of Defense for Security 
     Cooperation Options under the proposed reorganization, and 
     the relationship between such officials.

     SEC. 937. PHYSICIANS AND HEALTH CARE PROFESSIONALS 
                   COMPARABILITY ALLOWANCES.

       (a) Authority To Provide Allowances.--
       (1) Authority.--In order to recruit and retain highly 
     qualified Department of Defense physicians and Department of 
     Defense health care professionals, the Secretary of Defense 
     may, subject to the provisions of this section, enter into a 
     service agreement with a current or new Department of Defense 
     physician or a Department of Defense health care professional 
     which provides for such physician or health care professional 
     to complete a specified period of service in the Department 
     of Defense in return for an allowance for the duration of 
     such agreement in an amount to be determined by the Secretary 
     and specified in the agreement, but not to exceed--
       (A) in the case of a Department of Defense physician--
       (i) $25,000 per annum if, at the time the agreement is 
     entered into, the Department of Defense physician has served 
     as a Department of Defense physician for 24 months or less; 
     or
       (ii) $40,000 per annum if the Department of Defense 
     physician has served as a Department of Defense physician for 
     more than 24 months; and
       (B) in the case of a Department of Defense health care 
     professional--
       (i) an amount up to $5,000 per annum if, at the time the 
     agreement is entered into, the Department of Defense health 
     care professional has served as a Department of Defense 
     health care professional for less than 10 years;
       (ii) an amount up to $10,000 per annum if, at the time the 
     agreement is entered into, the Department of Defense health 
     care professional has served as a Department of Defense 
     health care professional for at least 10 years but less than 
     18 years; or
       (iii) an amount up to $15,000 per annum if, at the time the 
     agreement is entered into, the Department of Defense health 
     care professional has served as a Department of Defense 
     health care professional for 18 years or more.
       (2) Treatment of certain service.--(A) For the purpose of 
     determining length of service as a Department of Defense 
     physician, service as a physician under section 4104 or 4114 
     of title 38, United States Code, or active service as a 
     medical officer in the commissioned corps of the Public 
     Health Service under title II of the Public Health Service 
     Act (42 U.S.C. 202 et seq.) shall be deemed service as a 
     Department of Defense physician.
       (B) For the purpose of determining length of service as a 
     Department of Defense health care professional, service as a 
     nonphysician health care provider, psychologist, or social 
     worker while serving as an officer described under section 
     302c(d)(1) of title 37, United States Code, shall be deemed 
     service as a Department of Defense health care professional.
       (b) Certain Physicians and Professionals Ineligible.--An 
     allowance may not be paid under this section to any physician 
     or health care professional who--
       (1) is employed on less than a half-time or intermittent 
     basis;
       (2) occupies an internship or residency training position; 
     or
       (3) is fulfilling a scholarship obligation.
       (c) Covered Categories of Positions.--The Secretary of 
     Defense shall determine categories of positions applicable to 
     physicians and health care professionals within the 
     Department of Defense with respect to which there is a 
     significant recruitment and retention problem for purposes of 
     this section. Only physicians and health care professionals 
     serving in such positions shall be eligible for an allowance 
     under this section. The amounts of each such allowance shall 
     be determined by the Secretary, and shall be the minimum 
     amount necessary to deal with the recruitment and retention 
     problem for each such category of physicians and health care 
     professionals.
       (d) Period of Service.--Any agreement entered into by a 
     physician or health care professional under this section 
     shall be for a period of service in the Department of Defense 
     specified in such agreement, which period may not be less 
     than one year of service or exceed four years of service.
       (e) Repayment.--Unless otherwise provided for in the 
     agreement under subsection (f), an agreement under this 
     section shall provide that the physician or health care 
     professional, in the event that such physician or health care 
     professional voluntarily, or because of misconduct, fails to 
     complete at least one year of service under such agreement, 
     shall be required to refund the total amount received under 
     this section unless the Secretary of Defense determines that 
     such failure is necessitated by circumstances beyond the 
     control of the physician or health care professional.
       (f) Termination of Agreement.--Any agreement under this 
     section shall specify the terms under which the Secretary of 
     Defense and the physician or health care professional may 
     elect to terminate such agreement, and the amounts, if any, 
     required to be refunded by the physician or health care 
     professional for each reason for termination.
       (g) Construction With Other Authorities.--
       (1) Allowance not treatable as basic pay.--An allowance 
     paid under this section shall not be considered as basic pay 
     for the purposes of subchapter VI and section 5595 of chapter 
     55 of title 5, United States Code, chapter 81 or 87 of such 
     title, or other benefits related to basic pay.
       (2) Payment.--Any allowance under this section for a 
     Department of Defense physician or Department of Defense 
     health care professional shall be paid in the same manner and 
     at the same time as the basic pay of the physician or health 
     care professional is paid.
       (3) Construction with certain authority.--The authority to 
     pay allowances under this section may not be exercised 
     together with the authority in section 5948 of title 5, 
     United States Code.
       (h) Annual Report.--
       (1) Annual report.--Not later than June 30 each year, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a written report on the operation of 
     this section during the preceding year. Each report shall 
     include--
       (A) with respect to the year covered by such report, 
     information as to--
       (i) the nature and extent of the recruitment or retention 
     problems justifying the use by the Department of Defense of 
     the authority under this section;
       (ii) the number of physicians and health care professionals 
     with whom agreements were entered into by the Department of 
     Defense;
       (iii) the size of the allowances and the duration of the 
     agreements entered into; and
       (iv) the degree to which the recruitment or retention 
     problems referred to in clause (i) were alleviated under this 
     section; and
       (B) such recommendations as the Secretary considers 
     appropriate for actions (including legislative actions) to 
     improve or enhance the authorities in this section to achieve 
     the purpose specified in subsection (a)(1).
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committees on Armed Services and Homeland Security 
     and Governmental Affairs of the Senate; and
       (B) the Committees on Armed Services and Homeland Security 
     of the House of Representatives.
       (i) Definitions.--In this section:
       (1) The term ``Department of Defense health care 
     professional'' means any individual employed by the 
     Department of Defense who is a qualified health care 
     professional employed as a health care professional and paid 
     under any provision of law specified in subparagraphs (A) 
     through (G) of paragraph (2).

[[Page S12617]]

       (2) The term ``Department of Defense physician'' means any 
     individual employed by the Department of Defense as a 
     physician or dentist who is paid under a provision or 
     provisions of law as follows:
       (A) Section 5332 of title 5, United States Code, relating 
     to the General Schedule.
       (B) Subchapter VIII of chapter 53 of title 5, United States 
     Code, relating to the Senior Executive Service.
       (C) Section 5371 of title 5, United States Code, relating 
     to certain health care positions.
       (D) Section 5376 of title 5, United States Code, relating 
     to certain senior-level positions.
       (E) Section 5377 of title 5, United States Code, relating 
     to critical positions.
       (F) Subchapter IX of chapter 53 of title 5, United States 
     Code, relating to special occupational pay systems.
       (G) Section 9902 of title 5, United States Code, relating 
     to the National Security Personnel System.
       (3) The term ``qualified health care professional'' means 
     any individual who is--
       (A) a psychologist who meets the Office of Personnel 
     Management Qualification Standards for the Occupational 
     Series of Psychologist as required by the position to be 
     filled;
       (B) a nurse who meets the applicable Office of Personnel 
     Management Qualification Standards for the Occupational 
     Series of Nurse as required by the position to be filled;
       (C) a nurse anesthetist who meets the applicable Office of 
     Personnel Management Qualification Standards for the 
     Occupational Series of Nurse as required by the position to 
     be filled;
       (D) a physician assistant who meets the applicable Office 
     of Personnel Management Qualification Standards for the 
     Occupational Series of Physician Assistant as required by the 
     position to be filled;
       (E) a social worker who meets the applicable Office of 
     Personnel Management Qualification Standards for the 
     Occupational Series of Social Worker as required by the 
     position to be filled; or
       (F) any other health care professional designated by the 
     Secretary of Defense for purposes of this section.
       (j) Termination.--No agreement may be entered into under 
     this section after September 30, 2012.

                      TITLE X--GENERAL PROVISIONS

                     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. 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. 1003. 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. 1004. 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. 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) 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

[[Page S12618]]

       (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.
       (g) 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 six 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.

     SEC. 1007. EXTENSION OF PERIOD FOR TRANSFER OF FUNDS TO 
                   FOREIGN CURRENCY FLUCTUATIONS, DEFENSE ACCOUNT.

       Section 2779 of title 10, United States Code, is amended--
       (1) in subsection (a)(2), by striking ``second fiscal 
     year'' and inserting ``fourth fiscal year''; and
       (2) in subsection (d)(2), by striking ``second fiscal 
     year'' and inserting ``fourth fiscal year''.

     SEC. 1008. REPORT ON FUNDING OF THE DEPARTMENT OF DEFENSE FOR 
                   HEALTH CARE FOR ANY FISCAL YEAR IN WHICH THE 
                   ARMED FORCES ARE ENGAGED IN A MAJOR MILITARY 
                   CONFLICT.

       If the Armed Forces are involved in a major military 
     conflict when 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 such 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 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.

                  Subtitle B--Counter-Drug Activities

     SEC. 1011. EXPANSION OF DEPARTMENT OF DEFENSE AUTHORITY TO 
                   PROVIDE SUPPORT FOR COUNTER-DRUG ACTIVITIES TO 
                   CERTAIN ADDITIONAL FOREIGN GOVERNMENTS.

       Section 1033(b) 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 the Dominican Republic.
       ``(18) The Government of Mexico.''.

     SEC. 1012. 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 each of 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, including corruption and lack of entities available to 
     partner with in Haiti.
       (3) An assessment of the feasability and advisability of 
     providing additional counternarcotics assistance to the 
     Government of Haiti, including an extension and expansion to 
     the Government of Haiti of Department of Defense authority to 
     provide support for counter-drug activities of certain 
     foreign governments.
       (4) An assessment of the potential for 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 C--Miscellaneous Authorities and Limitations

     SEC. 1021. ENHANCEMENT OF AUTHORITY TO PAY REWARDS FOR 
                   ASSISTANCE IN COMBATING TERRORISM.

       (a) Increase in Amount of Reward.--Subsection (b) of 
     section 127b of title 10, United States Code, is amended by 
     inserting ``, or $5,000,000 during fiscal year 2008'' after 
     ``$200,000''.
       (b) Delegation of Authority to Commanders of Combatant 
     Commands.--Subsection (c)(1)(B) of such title is amended by 
     inserting ``, or $1,000,000 during fiscal year 2008'' after 
     ``$50,000''.
       (c) Consultation With Secretary of State in Award.--
     Subsection (d)(2) of such section is amended by inserting ``, 
     or $2,000,000 during fiscal year 2008'' after ``$100,000''.

     SEC. 1022. REPEAL OF MODIFICATION OF AUTHORITIES RELATING TO 
                   THE USE OF THE ARMED FORCES IN MAJOR PUBLIC 
                   EMERGENCIES.

       (a) Repeal.--
       (1) In general.--Section 333 of title 10, United States 
     Code, as amended by section 1076 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364; 120 Stat. 2404), is amended to read as such section 
     read on October 16, 2006, which is the day before the date of 
     the enactment of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007.
       (2) Conforming clerical amendments.--(A) The heading of 
     such section 333, as so amended, is amended to read as such 
     heading read on October 16, 2006.
       (B) The item relating to such section 333 in the table of 
     sections at the beginning of chapter 15 of such title, as so 
     amended, is amended to read as such item read on October 16, 
     2006.
       (C) The heading of chapter 15 of such title, as so amended, 
     is amended to read as such heading read on October 16, 2006.
       (D) The item relating to chapter 15 of such title in the 
     tables of chapters at the beginning of subtitle A of such 
     title, and at the beginning of part I of such subtitle, as so 
     amended, is amended to read as such item read on October 16, 
     2006.
       (b) Other Conforming Amendments.--
       (1) Conforming repeal.--(A) Section 2567 of title 10, 
     United States Code, is repealed.
       (B) The table of sections at the beginning of chapter 152 
     of such title is amended by striking the item relating to 
     section 2567.
       (2) Additional amendment.--Section 12304(c)(1) of such 
     title, as amended by section 1076 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007, is amended to 
     read as such section read on October 16, 2006.

     SEC. 1023. HATE CRIMES.

       (a) Short Title.--This section may be cited as the 
     ``Matthew Shepard Local Law Enforcement Hate Crimes 
     Prevention Act of 2007''.
       (b) Findings.--Congress makes the following findings:
       (1) The incidence of violence motivated by the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, gender identity, or disability of the 
     victim poses a serious national problem.
       (2) Such violence disrupts the tranquility and safety of 
     communities and is deeply divisive.
       (3) State and local authorities are now and will continue 
     to be responsible for prosecuting the overwhelming majority 
     of violent crimes in the United States, including violent 
     crimes motivated by bias. These authorities can carry out 
     their responsibilities more effectively with greater Federal 
     assistance.
       (4) Existing Federal law is inadequate to address this 
     problem.
       (5) A prominent characteristic of a violent crime motivated 
     by bias is that it devastates not just the actual victim and 
     the family and friends of the victim, but frequently savages 
     the community sharing the traits that caused the victim to be 
     selected.
       (6) Such violence substantially affects interstate commerce 
     in many ways, including the following:
       (A) The movement of members of targeted groups is impeded, 
     and members of such groups are forced to move across State 
     lines to escape the incidence or risk of such violence.
       (B) Members of targeted groups are prevented from 
     purchasing goods and services, obtaining or sustaining 
     employment, or participating in other commercial activity.
       (C) Perpetrators cross State lines to commit such violence.
       (D) Channels, facilities, and instrumentalities of 
     interstate commerce are used to facilitate the commission of 
     such violence.
       (E) Such violence is committed using articles that have 
     traveled in interstate commerce.
       (7) For generations, the institutions of slavery and 
     involuntary servitude were defined by the race, color, and 
     ancestry of those held in bondage. Slavery and involuntary 
     servitude were enforced, both prior to and after the adoption 
     of the 13th amendment to the Constitution of the United 
     States, through widespread public and private violence 
     directed at persons because of their race, color, or 
     ancestry, or perceived race, color, or ancestry. Accordingly, 
     eliminating racially motivated violence is an important means 
     of eliminating, to the extent possible, the badges, 
     incidents, and relics of slavery and involuntary servitude.
       (8) Both at the time when the 13th, 14th, and 15th 
     amendments to the Constitution of the United States were 
     adopted, and continuing to date, members of certain religious 
     and national origin groups were and are perceived to be 
     distinct ``races''. Thus, in order to eliminate, to the 
     extent possible, the badges, incidents, and relics of 
     slavery, it is necessary to prohibit assaults on the basis of 
     real or perceived religions or national origins, at least to 
     the extent such religions or national origins were regarded 
     as races at the time of the adoption of the 13th, 14th, and 
     15th amendments to the Constitution of the United States.
       (9) Federal jurisdiction over certain violent crimes 
     motivated by bias enables Federal, State, and local 
     authorities to work together as partners in the investigation 
     and prosecution of such crimes.

[[Page S12619]]

       (10) The problem of crimes motivated by bias is 
     sufficiently serious, widespread, and interstate in nature as 
     to warrant Federal assistance to States, local jurisdictions, 
     and Indian tribes.
       (c) Definition of Hate Crime.--In this section--
       (1) the term ``crime of violence'' has the meaning given 
     that term in section 16, title 18, United States Code;
       (2) the term ``hate crime'' has the meaning given such term 
     in section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note); and
       (3) the term ``local'' means a county, city, town, 
     township, parish, village, or other general purpose political 
     subdivision of a State.
       (d) Support for Criminal Investigations and Prosecutions by 
     State, Local, and Tribal Law Enforcement Officials.--
       (1) Assistance other than financial assistance.--
       (A) In general.--At the request of State, local, or Tribal 
     law enforcement agency, the Attorney General may provide 
     technical, forensic, prosecutorial, or any other form of 
     assistance in the criminal investigation or prosecution of 
     any crime that--
       (i) constitutes a crime of violence;
       (ii) constitutes a felony under the State, local, or Tribal 
     laws; and
       (iii) is motivated by prejudice based on the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, gender identity, or disability of the 
     victim, or is a violation of the State, local, or Tribal hate 
     crime laws.
       (B) Priority.--In providing assistance under subparagraph 
     (A), the Attorney General shall give priority to crimes 
     committed by offenders who have committed crimes in more than 
     one State and to rural jurisdictions that have difficulty 
     covering the extraordinary expenses relating to the 
     investigation or prosecution of the crime.
       (2) Grants.--
       (A) In general.--The Attorney General may award grants to 
     State, local, and Indian law enforcement agencies for 
     extraordinary expenses associated with the investigation and 
     prosecution of hate crimes.
       (B) Office of justice programs.--In implementing the grant 
     program under this paragraph, the Office of Justice Programs 
     shall work closely with grantees to ensure that the concerns 
     and needs of all affected parties, including community groups 
     and schools, colleges, and universities, are addressed 
     through the local infrastructure developed under the grants.
       (C) Application.--
       (i) In general.--Each State, local, and Indian law 
     enforcement agency that desires a grant under this paragraph 
     shall submit an application to the Attorney General at such 
     time, in such manner, and accompanied by or containing such 
     information as the Attorney General shall reasonably require.
       (ii) Date for submission.--Applications submitted pursuant 
     to clause (i) shall be submitted during the 60-day period 
     beginning on a date that the Attorney General shall 
     prescribe.
       (iii) Requirements.--A State, local, and Indian law 
     enforcement agency applying for a grant under this paragraph 
     shall--

       (I) describe the extraordinary purposes for which the grant 
     is needed;
       (II) certify that the State, local government, or Indian 
     tribe lacks the resources necessary to investigate or 
     prosecute the hate crime;
       (III) demonstrate that, in developing a plan to implement 
     the grant, the State, local, and Indian law enforcement 
     agency has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of hate crimes; and
       (IV) certify that any Federal funds received under this 
     paragraph will be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this paragraph.

       (D) Deadline.--An application for a grant under this 
     paragraph shall be approved or denied by the Attorney General 
     not later than 30 business days after the date on which the 
     Attorney General receives the application.
       (E) Grant amount.--A grant under this paragraph shall not 
     exceed $100,000 for any single jurisdiction in any 1-year 
     period.
       (F) Report.--Not later than December 31, 2008, the Attorney 
     General shall submit to Congress a report describing the 
     applications submitted for grants under this paragraph, the 
     award of such grants, and the purposes for which the grant 
     amounts were expended.
       (G) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $5,000,000 for 
     each of fiscal years 2008 and 2009.
       (e) Grant Program.--
       (1) Authority to award grants.--The Office of Justice 
     Programs of the Department of Justice may award grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State, local, or Tribal programs designed to 
     combat hate crimes committed by juveniles, including programs 
     to train local law enforcement officers in identifying, 
     investigating, prosecuting, and preventing hate crimes.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (f) Authorization for Additional Personnel To Assist State, 
     Local, and Tribal Law Enforcement.--There are authorized to 
     be appropriated to the Department of the Treasury and the 
     Department of Justice, including the Community Relations 
     Service, for fiscal years 2008, 2009, and 2010 such sums as 
     are necessary to increase the number of personnel to prevent 
     and respond to alleged violations of section 249 of title 18, 
     United States Code, as added by this section.
       (g) Prohibition of Certain Hate Crime Acts.--
       (1) In general.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 249. Hate crime acts

       ``(a) In General.--
       ``(1) Offenses involving actual or perceived race, color, 
     religion, or national origin.--Whoever, whether or not acting 
     under color of law, willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, or an 
     explosive or incendiary device, attempts to cause bodily 
     injury to any person, because of the actual or perceived 
     race, color, religion, or national origin of any person--
       ``(A) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, gender identity, 
     or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B), willfully causes bodily injury to any person or, through 
     the use of fire, a firearm, or an explosive or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, gender identity or disability of 
     any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A), the defendant employs a firearm, explosive 
     or incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.

       ``(b) Certification Requirement.--No prosecution of any 
     offense described in this subsection may be undertaken by the 
     United States, except under the certification in writing of 
     the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, or any Assistant Attorney General 
     specially designated by the Attorney General that--
       ``(1) such certifying individual has reasonable cause to 
     believe that the actual or perceived race, color, religion, 
     national origin, gender, sexual orientation, gender identity, 
     or disability of any person was a motivating factor 
     underlying the alleged conduct of the defendant; and
       ``(2) such certifying individual has consulted with State 
     or local law enforcement officials regarding the prosecution 
     and determined that--
       ``(A) the State does not have jurisdiction or does not 
     intend to exercise jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the State does not object to the Federal Government 
     assuming jurisdiction; or
       ``(D) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence.
       ``(c) Definitions.--In this section--
       ``(1) the term `explosive or incendiary device' has the 
     meaning given such term in section 232 of this title;
       ``(2) the term `firearm' has the meaning given such term in 
     section 921(a) of this title; and
       ``(3) the term `gender identity' for the purposes of this 
     chapter means actual or perceived gender-related 
     characteristics.
       ``(d) Rule of Evidence.--In a prosecution for an offense 
     under this section, evidence of expression or associations of 
     the defendant may not be introduced as substantive evidence 
     at trial, unless the evidence specifically relates to that 
     offense. However, nothing in this section affects the rules 
     of evidence governing impeachment of a witness.''.
       (2) Technical and conforming amendment.--The analysis for 
     chapter 13 of title 18, United States Code, is amended by 
     adding at the end the following:

``249. Hate crime acts.''.
       (h) Statistics.--
       (1) In general.--Subsection (b)(1) of the first section of 
     the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended 
     by inserting ``gender and gender identity,'' after ``race,''.

[[Page S12620]]

       (2) Data.--Subsection (b)(5) of the first section of the 
     Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by 
     inserting ``, including data about crimes committed by, and 
     crimes directed against, juveniles'' after ``data acquired 
     under this section''.
       (i) Severability.--If any provision of this section, an 
     amendment made by this section, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this section, the 
     amendments made by this section, and the application of the 
     provisions of such to any person or circumstance shall not be 
     affected thereby.

     SEC. 1024. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL 
                   INVESTIGATIONS AND PROSECUTIONS BY STATE AND 
                   LOCAL LAW ENFORCEMENT OFFICIALS.

       (a) Studies.--
       (1) Collection of data.--
       (A) Definition of relevant offense.--In this paragraph, the 
     term ``relevant offense'' means a crime described in 
     subsection (b)(1) of the first section of Public Law 101-275 
     (28 U.S.C. 534 note) and a crime that manifests evidence of 
     prejudice based on gender or age.
       (B) Collection from cross-section of states.--Not later 
     than 120 days after the date of enactment of this Act, the 
     Comptroller General of the United States, in consultation 
     with the National Governors' Association, shall, if possible, 
     select 10 jurisdictions with laws classifying certain types 
     of offenses as relevant offenses and 10 jurisdictions without 
     such laws from which to collect the data described in 
     subparagraph (C) over a 12-month period.
       (C) Data to be collected.--The data described in this 
     paragraph are--
       (i) the number of relevant offenses that are reported and 
     investigated in the jurisdiction;
       (ii) the percentage of relevant offenses that are 
     prosecuted and the percentage that result in conviction;
       (iii) the duration of the sentences imposed for crimes 
     classified as relevant offenses in the jurisdiction, compared 
     with the length of sentences imposed for similar crimes 
     committed in jurisdictions with no laws relating to relevant 
     offenses; and
       (iv) references to and descriptions of the laws under which 
     the offenders were punished.
       (D) Costs.--Participating jurisdictions shall be reimbursed 
     for the reasonable and necessary costs of compiling data 
     collected under this paragraph.
       (2) Study of relevant offense activity.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall complete a study and submit to Congress a report 
     that analyzes the data collected under paragraph (1) and 
     under section 534 of title 28, United States Code, to 
     determine the extent of relevant offense activity throughout 
     the United States and the success of State and local 
     officials in combating that activity.
       (B) Identification of trends.--In the study conducted under 
     subparagraph (A), the Comptroller General of the United 
     States shall identify any trends in the commission of 
     relevant offenses specifically by--
       (i) geographic region;
       (ii) type of crime committed; and
       (iii) the number and percentage of relevant offenses that 
     are prosecuted and the number for which convictions are 
     obtained.
       (b) Assistance Other Than Financial Assistance.--At the 
     request of a law enforcement official of a State or a 
     political subdivision of a State, the Attorney General, 
     acting through the Director of the Federal Bureau of 
     Investigation and in cases where the Attorney General 
     determines special circumstances exist, may provide 
     technical, forensic, prosecutorial, or any other assistance 
     in the criminal investigation or prosecution of any crime 
     that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State; and
       (3) is motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (c) Grants.--
       (1) In general.--The Attorney General may, in cases where 
     the Attorney General determines special circumstances exist, 
     make grants to States and local subdivisions of States to 
     assist those entities in the investigation and prosecution of 
     crimes motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (2) Eligibility.--A State or political subdivision of a 
     State applying for assistance under this subsection shall--
       (A) describe the purposes for which the grant is needed; 
     and
       (B) certify that the State or political subdivision lacks 
     the resources necessary to investigate or prosecute a crime 
     motivated by animus against the victim by reason of the 
     membership of the victim in a particular class or group.
       (3) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 10 days after the application is 
     submitted.
       (4) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single case.
       (5) Report and audit.--Not later than December 31, 2008, 
     the Attorney General, in consultation with the National 
     Governors' Association, shall--
       (A) submit to Congress a report describing the applications 
     made for grants under this subsection, the award of such 
     grants, and the effectiveness of the grant funds awarded; and
       (B) conduct an audit of the grants awarded under this 
     subsection to ensure that such grants are used for the 
     purposes provided in this subsection.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2008 and 2009 to carry out this section.

     SEC. 1025. 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. 1026. EXPANSION OF COOPERATIVE AGREEMENT AUTHORITY FOR 
                   MANAGEMENT OF CULTURAL RESOURCES.

       (a) In General.--Subsection (a) of section 2684 of title 
     10, United States Code, is amended to read as follows:
       ``(a) Authority.--(1) The Secretary of Defense or the 
     Secretary of a military department may enter into a 
     cooperative agreement with a State or local government, 
     tribal government, or other entity for any purpose as 
     follows:
       ``(A) For the preservation, management, maintenance, and 
     improvement of cultural resources.
       ``(B) For the conduct of research regarding cultural 
     resources.
       ``(2) To be covered under a cooperative agreement under 
     this subsection, cultural resources shall be located--
       ``(A) on a military installation; or
       ``(B) off a military installation, but only if the 
     cooperative agreement directly relieves or eliminates 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 the installation.
       ``(3) Activities under a cooperative agreement under this 
     subsection shall be subject to the availability of funds to 
     carry out the cooperative agreement.''.
       (b) Inclusion of Indian Sacred Sites in Cultural 
     Resources.--Subsection (c) of such section is amended by 
     adding at the end the following new paragraph:
       ``(5) An Indian sacred site, as the that term is defined in 
     section 1(b)(iii) of Executive Order 13007.''.

     SEC. 1027. MINIMUM ANNUAL PURCHASE AMOUNTS FOR AIRLIFT FROM 
                   CARRIERS PARTICIPATING IN THE CIVIL RESERVE AIR 
                   FLEET.

       (a) In General.--Chapter 931 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 9515. Airlift services: minimum annual purchase amount 
       for carriers participating in Civil Reserve Air Fleet

       ``(a) In General.--The Secretary of Defense may award to 
     air carriers participating in the Civil Reserve Air Fleet on 
     a fiscal year basis a one-year contract for airlift services 
     with a minimum purchase amount determined in accordance with 
     this section.
       ``(b) Minimum Purchase Amount.--(1) The aggregate amount of 
     the minimum purchase amount for all contracts awarded under 
     subsection (a) for a fiscal year shall be based on forecast 
     needs, but may not exceed the amount equal to 80 percent of 
     the annual average expenditure of the Department of Defense 
     for airlift during the five-fiscal year period ending in the 
     fiscal year before the fiscal year for which such contracts 
     are awarded.
       ``(2) In calculating the annual average expenditure of the 
     Department of Defense for airlift for purposes of paragraph 
     (1), the Secretary of Defense shall omit from the calculation 
     any fiscal year exhibiting unusually high demand for airlift 
     if the Secretary determines that the omission of such fiscal 
     year from the calculation will result in a more accurate 
     forecast of anticipated airlift for purposes of that 
     paragraph.
       ``(3) The aggregate amount of the minimum purchase amount 
     for all contracts awarded under subsection (a) for a fiscal 
     year, as determined under paragraph (1), shall be allocated 
     among all carriers awarded contracts under that subsection 
     for such fiscal year in proportion to the commitments of such 
     carriers to the Civil Reserve Air Fleet for such fiscal year.
       ``(c) Adjustment to Minimum Purchase Amount for Periods of 
     Unavailability of Airlift.--In determining the minimum 
     purchase amount payable under a contract under subsection (a) 
     for airlift provided by a carrier during the fiscal year 
     covered by such contract, the Secretary of Defense may adjust 
     the amount allocated to the carrier under subsection (b)(3) 
     to take into account periods during such fiscal year when 
     services of the carrier are unavailable for usage by the 
     Department of Defense, including during periods of refused 
     business or suspended operations or when the carrier is 
     placed in nonuse status pursuant to section 2640 of this 
     title for safety issues.
       ``(d) Distribution of Amounts.--If any amount available 
     under this section for the minimum purchase of airlift from a 
     carrier for a fiscal year under a contract under subsection 
     (a) is not utilized to purchase airlift from the carrier in 
     such fiscal year, such amount shall be provided to the 
     carrier before the first day of the following fiscal year.
       ``(e) Transfer of Funds.--At the beginning of each fiscal 
     year, the Secretary of each military department shall 
     transfer to the transportation working capital fund a 
     percentage of the total amount anticipated to be required in 
     such fiscal year for payment of minimum purchase amounts 
     under all contracts awarded under subsection (a) for such 
     fiscal year equivalent to

[[Page S12621]]

     the percentage of the anticipated use of airlift by such 
     military department during such fiscal year from all carriers 
     under contracts awarded under subsection (a) for such fiscal 
     year.
       ``(f) Availability of Airlift.--(1) From the total amount 
     of airlift available for a fiscal year under all contracts 
     awarded under subsection (a) for such fiscal year, a military 
     department shall be entitled to obtain a percentage of such 
     airlift equivalent to the percentage of the contribution of 
     the military department to the transportation working capital 
     fund for such fiscal year under subsection (e).
       ``(2) A military department may transfer any entitlement to 
     airlift under paragraph (1) to any other military department 
     or to any other agency, element, or component of the 
     Department of Defense.
       ``(g) Sunset.--The authorities in this section shall expire 
     on December 31, 2015.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 931 of such title is amended by adding 
     at the end the following new item:

``9515. Airlift services: minimum annual purchase amount for carriers 
              participating in Civil Reserve Air Fleet.''.

     SEC. 1028. 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.
       ``(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 
     under circumstances as follows:
       ``(A) If such services are provided by Air Force personnel 
     and equipment without direct cost to the Air Force.
       ``(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 
     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. 1029. PARTICIPATION IN STRATEGIC AIRLIFT CAPABILITY 
                   PARTNERSHIP.

       (a) Authority To Participate in Partnership.--The Secretary 
     of Defense may--
       (1) 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; and
       (2) pay from funds available to the Department of Defense 
     for such purpose 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 functions performed by Department of Defense personnel 
     with respect to the Strategic Airlift Capability Partnership 
     as follows:
       (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) In general.--The Secretary of Defense is authorized to 
     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. 1030. RESPONSIBILITY OF THE AIR FORCE FOR FIXED-WING 
                   SUPPORT OF ARMY INTRA-THEATER LOGISTICS.

       The Secretary of Defense shall, acting through the Chairman 
     of the Joint Chiefs of Staff, prescribe directives or 
     instructions to provide that the Air Force shall have 
     responsibility for the missions and functions of fixed-wing 
     support for Army intra-theater logistics.

     SEC. 1031. PROHIBITION ON SALE OF PARTS FOR F-14 FIGHTER 
                   AIRCRAFT.

       (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 parts for F-14 fighter aircraft, whether 
     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 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 parts for F-14 fighter aircraft to a non-United 
     States person or entity may be issued by the United States 
     Government.

     SEC. 1032. PROVISION OF CONTACT INFORMATION ON SEPARATING 
                   MEMBERS OF THE ARMED FORCES TO STATE VETERANS 
                   AGENCIES.

       For each member of the Armed Forces pending separation from 
     the Armed Forces or who detaches from the member's regular 
     unit while awaiting medical separation or retirement, not 
     later than the date of such separation or detachment, as the 
     case may be, the Secretary of Defense shall, upon the request 
     of the member, provide the address and other appropriate 
     contact information of the member to the State veterans 
     agency in the State in which the member will first reside 
     after separation or in the State in which the member resides 
     while so awaiting medical separation or retirement, as the 
     case may be.

     SEC. 1033. PROVISIONS RELATING TO THE REMOVAL OF MISSILES 
                   FROM THE 564TH MISSILE SQUADRON.

       (a) 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 making 
     such assessment, the Secretary shall consider:
       (1) An evaluation of the Air Force's requirement 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 the 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) Opportunities for additional association between the 
     Montana National Guard and the 341st Space Wing.
       (b) 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.

[[Page S12622]]

                          Subtitle D--Reports

     SEC. 1041. 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. 1042. REPORT ON THREATS TO THE UNITED STATES FROM 
                   UNGOVERNED AREAS.

       (a) Report Required.--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, in coordination 
     with the Director of National Intelligence, submit to 
     Congress 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 United States 
     and its allies.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the intelligence capabilities and 
     skills 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 and the skills 
     required by the Department of Defense and the Department of 
     State.
       (2) An assessment of the extent to which the Department of 
     Defense and the Department of State possess the capabilities 
     described in paragraph (1) as well as the necessary resources 
     and organization to support United States policy aimed at 
     managing the threats described in subsection (a).
       (3) 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.
       (4) A description of the actions, if any, to be taken to 
     improve the capabilities and skills of the Department of 
     Defense and the Department of State described in paragraph 
     (1), and the schedule for implementing any actions so 
     described.

     SEC. 1043. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM.

       (a) Study Required.--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 180 days 
     after the date on which the Secretary makes funds available 
     to the organization under subsection (e) for purposes of the 
     study.
       (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.--
       (1) In general.--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.
       (2) Matching funding requirement.--The amount provided by 
     the Secretary for the agreement entered into under subsection 
     (a) may not exceed the value of contributions (whether money 
     or in-kind contributions) obtained and provided by the 
     organization for the study from non-government sources.
       (f) Focus on Improving Interagency Cooperation in Post-
     Conflict Contingency Relief and Reconstruction Operations.--
       (1) Findings.--Congress makes the following findings:
       (A) The interagency coordination and integration of the 
     United States Government for the planning and execution of 
     overseas post-conflict contingency relief and reconstruction 
     operations requires reform.
       (B) Recent operations, most notably in Iraq, lacked the 
     necessary consistent and effective interagency coordination 
     and integration in planning and execution.
       (C) Although the unique circumstances associated with the 
     Iraq reconstruction effort are partly responsible for this 
     weak coordination, existing structural weaknesses within the 
     planning and execution processes for such operations indicate 
     that the problems encountered in the Iraq program could recur 
     in future operations unless action is taken to reform and 
     improve interdepartmental integration in planning and 
     execution.
       (D) The agencies involved in the Iraq program have 
     attempted to adapt to the relentless demands of the 
     reconstruction effort, but more substantive and permanent 
     reforms are required for the United States Government to be 
     optimally prepared for future operations.
       (E) The fresh body of evidence developed from the Iraq 
     relief and reconstruction experience provides a good basis 
     and timely opportunity to pursue meaningful improvements 
     within and among the departments charged with managing the 
     planning and execution of such operations.
       (F) The success achieved in departmental integration of 
     overseas conflict management through the Goldwater-Nichols 
     Department of Defense Reorganization Act of 1986 (Public Law 
     99-433; 100 Stat. 992) provides precedent for Congress to 
     consider legislation designed to promote increased 
     cooperation and integration among the primary Federal 
     departments and agencies charged with managing post-conflict 
     contingency reconstruction and relief operations.
       (2) Inclusion in study.--The study conducted under 
     subsection (a) shall include the following elements:
       (A) A synthesis of past studies evaluating the successes 
     and failures of previous interagency efforts at planning and 
     executing post-conflict contingency relief and reconstruction 
     operations, including relief and reconstruction operations in 
     Iraq.
       (B) An analysis of the division of duties, 
     responsibilities, and functions among executive branch 
     agencies for such operations and recommendations for 
     administrative and regulatory changes to enhance integration.
       (C) Recommendations for legislation that would improve 
     interagency cooperation and integration and the efficiency of 
     the United States Government in the planning and execution of 
     such operations.
       (D) Recommendations for improvements in congressional, 
     executive, and other oversight structures and procedures that 
     would enhance accountability within such operations.

     SEC. 1044. 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. 1045. 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.--The report shall address anticipated changes 
     to the nuclear missions of the Navy and the Department of 
     Energy during the 10-year period beginning on the date of the 
     report, anticipated workforce attrition, and retirement, and 
     recruiting trends during that period and knowledge retention 
     programs within the Department of Defense, the Department of 
     Energy, the national laboratories, and federally funded 
     research facilities.

     SEC. 1046. 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.

[[Page S12623]]

       (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. 1047. 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. 1048. 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 that purposes.

     SEC. 1049. REPORT ON SIZE AND MIX OF AIR FORCE INTERTHEATER 
                   AIRLIFT FORCE.

       (a) Study Required.--
       (1) In general.--The Secretary of Defense shall conduct a 
     study on various alternatives for the size and mix of assets 
     for the Air Force intertheater airlift force, with a 
     particular focus on current and planned capabilities and 
     costs of the C-5 aircraft and C-17 aircraft fleets.
       (2) Conduct of study.--
       (A) Use of ffrdc.--The Secretary shall select to conduct 
     the study required by subsection (a) a federally funded 
     research and development center (FFRDC) that has experience 
     and expertise in conducting studies similar to the study 
     required by subsection (a).
       (B) Development of study methodology.--Not later than 90 
     days after the date of enactment of this Act, the federally 
     funded research and development center selected for the 
     conduct of the study shall--
       (i) develop the methodology for the study; and
       (ii) submit the methodology to the Comptroller General of 
     the United States for review.
       (C) Comptroller general review.--Not later than 30 days 
     after receipt of the methodology under subparagraph (B), the 
     Comptroller General shall--
       (i) review the methodology for purposes of identifying any 
     flaws or weaknesses in the methodology; and
       (ii) submit to the federally funded research and 
     development center a report that--

       (I) sets forth any flaws or weaknesses in the methodology 
     identified by the Comptroller General in the review; and

       (II) makes any recommendations the Comptroller General 
     considers advisable for improvements to the methodology.

       (D) Modification of methodology.--Not later than 30 days 
     after receipt of the report under subparagraph (C), the 
     federally funded research and development center shall--
       (i) modify the methodology in order to address flaws or 
     weaknesses identified by the Comptroller General in the 
     report and to improve the methodology in accordance with the 
     recommendations, if any, made by the Comptroller General; and
       (ii) submit to the congressional defense committees a 
     report that--

       (I) describes the modifications of the methodology made by 
     the federally funded research and development center; and
       (II) if the federally funded research and development 
     center does not improve the methodology in accordance with 
     any particular recommendation of the Comptroller General, 
     sets forth a description and explanation of the reasons for 
     such action.

       (3) Utilization of other studies.--The study shall build 
     upon the results of the recent Mobility Capabilities Studies 
     of the Department of Defense, the on-going Intratheater 
     Airlift Fleet Mix Analysis, and other appropriate studies and 
     analyses. The study should also include any results reached 
     on the modified C-5A aircraft configured as part of the 
     Reliability Enhancement and Re-engining Program (RERP) 
     configuration, as specified in section 132 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1411).
       (b) Elements.--The study under subsection (a) shall address 
     the following:
       (1) The state of the current intertheater airlift fleet of 
     the Air Force, including the extent to which the increased 
     use of heavy airlift aircraft in Operation Iraqi Freedom, 
     Operation Enduring Freedom, and other ongoing operations is 
     affecting the aging of the aircraft of that fleet.
       (2) The adequacy of the current intertheater airlift force, 
     including whether or not the current target number of 301 
     airframes for the Air Force heavy lift aircraft fleet will be 
     sufficient to support future expeditionary combat and non-
     combat missions as well as domestic and training mission 
     demands consistent with the requirements of the National 
     Military Strategy.
       (3) The optimal mix of C-5 aircraft and C-17 aircraft for 
     the intertheater airlift fleet of the Air Force, and any 
     appropriate mix of C-5 aircraft and C-17 aircraft for 
     intratheater airlift missions, including an assessment of the 
     following:
       (A) The cost advantages and disadvantages of modernizing 
     the C-5 aircraft fleet when compared with procuring new C-17 
     aircraft, which assessment shall be performed in concert with 
     the Cost Analysis Improvement Group and be based on program 
     life cycle cost estimates for the respective aircraft.
       (B) The military capability of the C-5 aircraft and the C-
     17 aircraft, including number of lifetime flight hours, cargo 
     and passenger carrying capabilities, and mission capable 
     rates for such airframes. In the case of assumptions for the 
     C-5 aircraft, and any assumptions made for the mission 
     capable rates of the C-17 aircraft, sensitivity analyses 
     shall also be conducted to test assumptions. The military 
     capability study for the C-5 aircraft shall also include an 
     assessment of the mission capable rates after each of the 
     following:
       (i) Successful completion of the Avionics Modernization 
     Program (AMP) and the Reliability Enhancement and Re-engining 
     Program (RERP).
       (ii) Partially successful completion of the Avionics 
     Modernization Program and the Reliability Enhancement and Re-
     engining Program, with partially successful completion of 
     either such program being considered the point at which the 
     continued execution of such program is no longer supported by 
     cost-benefit analysis.

[[Page S12624]]

       (C) The tactical capabilities of strategic airlift 
     aircraft, the potential increase in use of strategic airlift 
     aircraft for tactical missions, and the value of such 
     capabilities to tactical operations.
       (D) The value of having more than one type of aircraft in 
     the strategic airlift fleet, and the potential need to pursue 
     a replacement aircraft for the C-5 aircraft that is larger 
     than the C-17 aircraft.
       (4) The means by which the Air Force was able to restart 
     the production line for the C-5 aircraft after having closed 
     the line for several years, and the actions to be taken to 
     ensure the production line for the C-17 aircraft could be 
     restarted if necessary, including--
       (A) an analysis of the costs of closing and re-opening the 
     production line for the C-5 aircraft; and
       (B) an assessment of the costs of closing and re-opening 
     the production line for the C-17 aircraft on a similar basis.
       (5) The financial effects of retiring, upgrading and 
     maintaining, or continuing current operations of the C-5A 
     aircraft fleet on procurement decisions relating to the C-17 
     aircraft.
       (6) The impact that increasing the role and use of 
     strategic airlift aircraft in intratheater operations will 
     have on the current target number for strategic airlift 
     aircraft of 301 airframes, including an analysis of the 
     following:
       (A) The appropriateness of using C-5 aircraft and C-17 
     aircraft for intratheater missions, as well as the efficacy 
     of these aircraft to perform current and projected future 
     intratheater missions.
       (B) The interplay of existing doctrinal intratheater 
     airlift aircraft (such as the C-130 aircraft and the future 
     Joint Cargo Aircraft (JCA)) with an increasing role for C-5 
     aircraft and C-17 aircraft in intratheater missions.
       (C) The most appropriate and likely missions for C-5 
     aircraft and C-17 aircraft in intratheater operations and the 
     potential for increased requirements in these mission areas.
       (D) Any intratheater mission sets best performed by 
     strategic airlift aircraft as opposed to traditional 
     intratheater airlift aircraft.
       (E) Any requirements for increased production or longevity 
     of C-5 aircraft and C-17 aircraft, or for a new strategic 
     airlift aircraft, in light of the matters analyzed under this 
     paragraph.
       (7) Taking into consideration all applicable factors, 
     whether or not the replacement of C-5 aircraft with C-17 
     aircraft on a one-for-one basis will result in the retention 
     of a comparable strategic airlift capability.
       (c) Construction.--Nothing in this section shall be 
     construed to exclude from the study under subsection (a) 
     consideration of airlift assets other than the C-5 aircraft 
     or C-17 aircraft that do or may provide intratheater and 
     intertheater airlift, including the potential that such 
     current or future assets may reduce requirements for C-5 
     aircraft or C-17 aircraft.
       (d) Collaboration With Transcom.--The federally funded 
     research and development center selected under subsection (a) 
     shall conduct the study required by that subsection and make 
     the report required by subsection (e) in concert with the 
     United States Transportation Command.
       (e) Report by FFRDC.--
       (1) In general.--Not later than January 10, 2009, the 
     federally funded research and development center selected 
     under subsection (a) shall submit to the Secretary of 
     Defense, the congressional defense committees, and the 
     Comptroller General of the United States a report on the 
     study required by subsection (a).
       (2) Review by gao.--Not later than 90 days after receipt of 
     the report under paragraph (1), the Comptroller General shall 
     submit to the congressional defense committee a report on the 
     study conducted under subsection (a) and the report under 
     paragraph (1). The report under this subsection shall include 
     an analysis of the study under subsection (a) and the report 
     under paragraph (1), including an assessment by the 
     Comptroller General of the strengths and weaknesses of the 
     study and report.
       (f) Report by Secretary of Defense.--
       (1) In general.--Not later than 90 days after receipt of 
     the report under paragraph (1), 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 study required by subsection 
     (a).
       (2) Elements.--The report shall include a comprehensive 
     discussion of the findings of the study, including a 
     particular focus on the following:
       (A) A description of lift requirements and operating 
     profiles for intertheater airlift aircraft required to meet 
     the National Military Strategy, including assumptions 
     regarding:
       (i) Current and future military combat and support 
     missions.
       (ii) The planned force structure growth of the Army and the 
     Marine Corps.
       (iii) Potential changes in lift requirements, including the 
     deployment of the Future Combat Systems by the Army.
       (iv) New capability in strategic airlift to be provided by 
     the KC(X) aircraft and the expected utilization of such 
     capability, including its use in intratheater lift.
       (v) The utilization of the heavy lift aircraft in 
     intratheater combat missions.
       (vi) The availability and application of Civil Reserve Air 
     Fleet assets in future military scenarios.
       (vii) Air mobility requirements associated with the Global 
     Rebasing Initiative of the Department of Defense.
       (viii) Air mobility requirements in support of peacekeeping 
     and humanitarian missions around the globe.
       (ix) Potential changes in lift requirements based on 
     equipment procured for Iraq and Afghanistan.
       (B) A description of the assumptions utilized in the study 
     regarding aircraft performances and loading factors.
       (C) A comprehensive statement of the data and assumptions 
     utilized in making program life cycle cost estimates.
       (D) A comparison of cost and risk associated with optimal 
     mix airlift fleet versus program of record airlift fleet.
       (3) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.

     SEC. 1050. REPORT AND MASTER INFRASTRUCTURE RECAPITALIZATION 
                   PLAN REGARDING CHEYENNE MOUNTAIN AIR STATION, 
                   COLORADO.

       (a) Report on Relocation of North American Aerospace 
     Defense Command Center.--
       (1) In general.--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 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; and
       (B) a detailed explanation of those backup functions that 
     will remain located at Cheyenne Mountain Air Station, and how 
     those 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.
       (b) 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 E--Other Matters

     SEC. 1061. 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. 1062. 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. 1063. 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 department, agency, 
     or element of the intelligence community shall, not later 
     than 15 days after receiving a request from the Committee on 
     Armed Services of the Senate or the Committee on Armed 
     Services of the House of Representatives for any intelligence 
     assessment, report, estimate, legal opinion, or other 
     intelligence information relating to matters within the 
     jurisdiction of such Committee, make available to such 
     committee such assessment, report,

[[Page S12625]]

     estimate, legal opinion, or other information, as the case 
     may be.
       (b) Assertion of Privilege.--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 department, agency, 
     or element of the intelligence community shall provide the 
     document or information covered by such request unless the 
     President certifies that such document or information is not 
     being provided because the President is asserting a privilege 
     pursuant to the Constitution of the United States.
       (c) Independent Testimony of Intelligence Officials.--No 
     officer, department, agency, or element within the Executive 
     branch shall have any authority to require the head of any 
     department, agency, or element of the intelligence community, 
     or any designate of such a head--
       (1) to receive permission to testify before the Committee 
     on Armed Services of the Senate or the Committee on Armed 
     Services of the House of Representatives; or
       (2) to submit testimony, legislative recommendations, or 
     comments to any officer or agency of the Executive branch for 
     approval, comments, or review prior to the submission of such 
     recommendations, testimony, or comments to the Committee on 
     Armed Services of the Senate or the Committee on Armed 
     Services of the House of Representatives if such testimony, 
     legislative recommendations, or comments include a statement 
     indicating that the views expressed therein are those of the 
     head of the department, agency, or element of the 
     intelligence community that is making the submission and do 
     not necessarily represent the views of the Administration.

     SEC. 1064. 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 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--
       ``(1) an unlawful user of, or is addicted to, a controlled 
     substance; or
       ``(2) 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).
       ``(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 
     has been--
       ``(A) 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; or
       ``(B) discharged or dismissed from the Armed Forces under 
     dishonorable conditions.
       ``(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 standards and 
     procedures prescribed by, or under the authority of, an 
     Executive Order or other guidance issued by the President.
       ``(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 intelligence committees;
       ``(II) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(III) the Committee on Oversight and Government Reform of 
     the House of Representatives; and
       ``(IV) each Committee of the Senate or the House of 
     Representatives with oversight authority over such Federal 
     agency.

       ``(ii) 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. 1065. 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 specific plan and schedule for replacing the 
     existing process for issuing security clearances with an 
     improved process.

     SEC. 1066. 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

[[Page S12626]]

     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); and
       (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).
       (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. 1067. 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 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 continues to foster a spirit of 
     partnership and interoperability among the United States 
     military and the militaries of participating nations.

     SEC. 1068. 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.--
       (1) References.--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'':
       (A) Section 192(c)(2).
       (B) Section 193.
       (C) Section 201(a).
       (D) Section 201(c)(1).
       (E) Section 425(a).
       (F) Section 426.
       (G) Section 441.
       (H) Section 443(d).
       (I) Section 2273(b)(1).
       (J) Section 2723(a).
       (2) Caption amendments.--Title 10, United States Code, is 
     further amended by striking ``Director of Central 
     Intelligence'' each place it appears in the heading of the 
     following provisions and inserting ``Director of National 
     Intelligence'':
       (A) Section 441(c).
       (B) Section 443(d).
       (b) References to Head of Central Intelligence Agency.--
     Title 10, United States Code, 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)(1).
       (c) Other Amendments.--Section 201 of title 10, United 
     States Code, is further amended--
       (1) in paragraph (1) of subsection (b), by striking 
     ``Before submitting'' and all that follows and inserting ``In 
     the event of a vacancy in a position referred to in paragraph 
     (2), the making by the Secretary of Defense of a 
     recommendation to the President regarding the appointment of 
     an individual to such position shall be governed by the 
     provisions of section 106(b) of the National Security Act of 
     1947 (50 U.S.C. 403-6(b)), relating to the concurrence of the 
     Director of National Intelligence in appointments to 
     positions in the intelligence community.''; and
       (2) in subsection (c), by striking ``National Foreign 
     Intelligence Program'' and inserting ``National Intelligence 
     Program''.

     SEC. 1069. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE 
                   COORDINATION COUNCIL.

       (a) Establishment.--There is established in the Executive 
     Office of the President a National Foreign Language 
     Coordination Council (in this section referred to as the 
     ``Council'').
       (b) Membership.--The Council shall consist of the following 
     members or their designees:
       (1) The National Language Director, who shall serve as the 
     chairperson of the Council.
       (2) The Secretary of Education.
       (3) The Secretary of Defense.
       (4) The Secretary of State.
       (5) The Secretary of Homeland Security.
       (6) The Attorney General.
       (7) The Director of National Intelligence.
       (8) The Secretary of Labor.
       (9) The Director of the Office of Personnel Management.
       (10) The Director of the Office of Management and Budget.
       (11) The Secretary of Commerce.
       (12) The Secretary of Health and Human Services.
       (13) The Secretary of the Treasury.
       (14) The Secretary of Housing and Urban Development.
       (15) The Secretary of Agriculture.
       (16) The Chairman and President of the Export-Import Bank 
     of the United States.
       (17) The heads of such other Federal agencies as the 
     Council considers appropriate.
       (c) Responsibilities.--
       (1) In general.--The Council shall be charged with--
       (A) overseeing, coordinating, and implementing the National 
     Security Language Initiative;
       (B) developing a national foreign language strategy, 
     building upon the efforts of the National Security Language 
     Initiative, within 18 months after the date of the enactment 
     of this Act, in consultation with--
       (i) State and local government agencies;
       (ii) academic sector institutions;
       (iii) foreign language related interest groups;
       (iv) business associations;
       (v) industry;
       (vi) heritage associations; and
       (vii) other relevant stakeholders;
       (C) conducting a survey of the status of Federal agency 
     foreign language and area expertise and agency needs for such 
     expertise; and
       (D) monitoring the implementation of such strategy 
     through--
       (i) application of current and recently enacted laws; and
       (ii) the promulgation and enforcement of rules and 
     regulations.
       (2) Strategy content.--The strategy developed under 
     paragraph (1) shall include--
       (A) recommendations for amendments to title 5, United 
     States Code, in order to improve the ability of the Federal 
     Government to recruit and retain individuals with foreign 
     language proficiency and provide foreign language training 
     for Federal employees;
       (B) the long term goals, anticipated effect, and needs of 
     the National Security Language Initiative;
       (C) identification of crucial priorities across all 
     sectors;
       (D) identification and evaluation of Federal foreign 
     language programs and activities, including--
       (i) any duplicative or overlapping programs that may impede 
     efficiency;
       (ii) recommendations on coordination;
       (iii) program enhancements; and
       (iv) allocation of resources so as to maximize use of 
     resources;
       (E) needed national policies and corresponding legislative 
     and regulatory actions in support of, and allocation of 
     designated resources to, promising programs and initiatives 
     at all levels (Federal, State, and local), especially in the 
     less commonly taught languages that are seen as critical for 
     national security and global competitiveness during the next 
     20 to 50 years;
       (F) effective ways to increase public awareness of the need 
     for foreign language skills and career paths in all sectors 
     that can employ those skills, with the objective of 
     increasing support for foreign language study among--
       (i) Federal, State, and local leaders;
       (ii) students;
       (iii) parents;
       (iv) elementary, secondary, and postsecondary educational 
     institutions; and
       (v) employers;
       (G) recommendations for incentives for related educational 
     programs, including foreign language teacher training;
       (H) coordination of cross-sector efforts, including public-
     private partnerships;
       (I) coordination initiatives to develop a strategic posture 
     for language research and recommendations for funding for 
     applied foreign

[[Page S12627]]

     language research into issues of national concern;
       (J) recommendations for assistance for--
       (i) the development of foreign language achievement 
     standards; and
       (ii) corresponding assessments for the elementary, 
     secondary, and postsecondary education levels, including the 
     National Assessment of Educational Progress in foreign 
     languages;
       (K) recommendations for development of--
       (i) language skill-level certification standards;
       (ii) frameworks for pre-service and professional 
     development study for those who teach foreign language;
       (iii) suggested graduation criteria for foreign language 
     studies and appropriate non-language studies, such as--

       (I) international business;
       (II) national security;
       (III) public administration;
       (IV) health care;
       (V) engineering;
       (VI) law;
       (VII) journalism; and
       (VIII) sciences;

       (L) identification of and means for replicating best 
     practices at all levels and in all sectors, including best 
     practices from the international community; and
       (M) recommendations for overcoming barriers in foreign 
     language proficiency.
       (3) National security language initiative.--The term 
     ``National Security Language Initiative'' means the 
     comprehensive national plan of the President announced on 
     January 5, 2006, and under the direction of the Secretaries 
     of State, Education, and Defense and the Director of National 
     Intelligence to expand foreign language education for 
     national security purposes in the United States.
       (d) Submission of Strategy to President and Congress.--Not 
     later than 18 months after the date of enactment of this 
     section, the Council shall prepare and transmit to the 
     President and the relevant committees of Congress the 
     strategy required under subsection (c).
       (e) Meetings.--The Council may hold such meetings, and sit 
     and act at such times and places, as the Council considers 
     appropriate, but shall meet in formal session at least 2 
     times a year. State and local government agencies and other 
     organizations (such as academic sector institutions, foreign 
     language-related interest groups, business associations, 
     industry, and heritage community organizations) shall be 
     invited, as appropriate, to public meetings of the Council at 
     least once a year.
       (f) Staff.--
       (1) In general.--The Director may--
       (A) appoint, without regard to the provisions of title 5, 
     United States Code, governing the competitive service, such 
     personnel as the Director considers necessary; and
       (B) compensate such personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     that title.
       (2) Detail of government employees.--Upon request of the 
     Council, any Federal Government employee may be detailed to 
     the Council without reimbursement, and such detail shall be 
     without interruption or loss of civil service status or 
     privilege.
       (3) Experts and consultants.--With the approval of the 
     Council, the Director may procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code.
       (4) Travel expenses.--Council members and staff shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Council.
       (5) Security clearance.--
       (A) In general.--Subject to subparagraph (B), the 
     appropriate Federal agencies or departments shall cooperate 
     with the Council in expeditiously providing to the Council 
     members and staff appropriate security clearances to the 
     extent possible pursuant to existing procedures and 
     requirements.
       (B) Exception.--No person shall be provided with access to 
     classified information under this section without the 
     appropriate required security clearance access.
       (6) Compensation.--The rate of pay for any employee of the 
     Council (including the Director) may not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (g) Powers.--
       (1) Delegation.--Any member or employee of the Council may, 
     if authorized by the Council, take any action that the 
     Council is authorized to take in this section.
       (2) Information.--
       (A) Council authority to secure.--The Council may secure 
     directly from any Federal agency such information, consistent 
     with Federal privacy laws, including The Family Educational 
     Rights and Privacy Act (20 U.S.C. 1232g) and Department of 
     Education's General Education Provisions Act (20 U.S.C. 
     1232(h)), the Council considers necessary to carry out its 
     responsibilities.
       (B) Requirement to furnish requested information.--Upon 
     request of the Director, the head of such agency shall 
     furnish such information to the Council.
       (3) Donations.--The Council may accept, use, and dispose of 
     gifts or donations of services or property.
       (4) Mail.--The Council may use the United States mail in 
     the same manner and under the same conditions as other 
     Federal agencies.
       (h) Conferences, Newsletter, and Website.--In carrying out 
     this section, the Council--
       (1) may arrange Federal, regional, State, and local 
     conferences for the purpose of developing and coordinating 
     effective programs and activities to improve foreign language 
     education;
       (2) may publish a newsletter concerning Federal, State, and 
     local programs that are effectively meeting the foreign 
     language needs of the nation; and
       (3) shall create and maintain a website containing 
     information on the Council and its activities, best practices 
     on language education, and other relevant information.
       (i) Annual Report.--
       (1) Requirement.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Council shall prepare and transmit to the President and the 
     relevant committees of Congress a report that describes--
       (A) the activities of the Council;
       (B) the efforts of the Council to improve foreign language 
     education and training; and
       (C) impediments to the use of a National Foreign Language 
     program, including any statutory and regulatory restrictions.
       (2) Relevant committees.--For purposes of paragraph (1), 
     the relevant committees of Congress include--
       (A) in the House of Representatives--
       (i) the Committee on Appropriations;
       (ii) the Committee on Armed Services;
       (iii) the Committee on Education and Labor;
       (iv) the Committee on Oversight and Government Reform;
       (v) the Committee on Small Business;
       (vi) the Committee on Foreign Affairs; and
       (vii) the Permanent Select Committee on Intelligence;
       (B) in the Senate--
       (i) the Committee on Appropriations;
       (ii) the Committee on Armed Services;
       (iii) the Committee on Health, Education, Labor, and 
     Pensions;
       (iv) the Committee on Homeland Security and Governmental 
     Affairs;
       (v) the Committee on Foreign Relations;
       (vi) the Committee on Small Business and Entrepreneurship; 
     and
       (vii) the Select Committee on Intelligence.
       (j) Establishment of a National Language Director.--
       (1) In general.--There is established a National Language 
     Director who shall be appointed by the President. The 
     National Language Director shall be a nationally recognized 
     individual with credentials and abilities across the sectors 
     to be involved with creating and implementing long-term 
     solutions to achieving national foreign language and cultural 
     competency.
       (2) Responsibilities.--The National Language Director 
     shall--
       (A) develop and monitor the implementation of a national 
     foreign language strategy, built upon the efforts of the 
     National Security Language Initiative, across all sectors;
       (B) establish formal relationships among the major 
     stakeholders in meeting the needs of the Nation for improved 
     capabilities in foreign languages and cultural understanding, 
     including Federal, State, and local government agencies, 
     academia, industry, labor, and heritage communities; and
       (C) coordinate and lead a public information campaign that 
     raises awareness of public and private sector careers 
     requiring foreign language skills and cultural understanding, 
     with the objective of increasing interest in and support for 
     the study of foreign languages among national leaders, the 
     business community, local officials, parents, and 
     individuals.
       (k) Encouragement of State Involvement.--
       (1) State contact persons.--The Council shall consult with 
     each State to provide for the designation by each State of an 
     individual to serve as a State contact person for the purpose 
     of receiving and disseminating information and communications 
     received from the Council.
       (2) State interagency councils and lead agencies.--Each 
     State is encouraged to establish a State interagency council 
     on foreign language coordination or designate a lead agency 
     for the State for the purpose of assuming primary 
     responsibility for coordinating and interacting with the 
     Council and State and local government agencies as necessary.
       (l) Congressional Notification.--The Council shall provide 
     to Congress such information as may be requested by Congress, 
     through reports, briefings, and other appropriate means.

     SEC. 1070. 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 an operational support service'' 
     after ``transportation''; and
       (2) by adding at the end the following new sentence: ``The 
     term `an operational support service' means a mission 
     performed by an aircraft operator that uses fixed or rotary 
     winged aircraft to provide a service other than 
     transportation.''.
       (b) Armed Forces Operational Mission.--Section 40125(c) of 
     such title is amended--
       (1) in paragraph (1)(C), by inserting ``or an operational 
     support service'' after ``transportation''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Compliance with federal aviation regulations.--If the 
     Secretary of Defense (or the Secretary of the department in 
     which the Coast Guard is operating) does not make a 
     designation under paragraph (1)(C) with regard to a chartered 
     aircraft, the transportation or operational support service 
     provided to the armed forces by such aircraft shall be in 
     compliance with the Federal Aviation Regulations under title 
     14, Code of Federal Regulations.''.
       (c) Technical Corrections.--
       (1) Section 40125(b) of such title is amended by striking 
     ``40102(a)(37)'' and inserting ``40102(a)(41)''.

[[Page S12628]]

       (2) Section 40125(c)(1) of such title is amended by 
     striking ``40102(a)(37)(E)'' appears and inserting 
     ``40102(a)(41)(E)''.

     SEC. 1071. TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE.

       (a) Designation of Fiduciary for Members With Lost Mental 
     Capacity or Extended Loss of Consciousness.--The Secretary of 
     Defense shall, in consultation with the Secretary of Veterans 
     Affairs, develop a form for the designation of a recipient 
     for the funds distributed under section 1980A of title 38, 
     United States Code, as the fiduciary of a member of the Armed 
     Forces in cases where the member is medically incapacitated 
     (as determined by the Secretary of Defense in consultation 
     with the Secretary of Veterans Affairs) or experiencing an 
     extended loss of consciousness.
       (b) Elements.--The form under subsection (a) shall require 
     that a member may elect that--
       (1) an individual designated by the member be the recipient 
     as the fiduciary of the member; or
       (2) a court of proper jurisdiction determine the recipient 
     as the fiduciary of the member for purposes of this 
     subsection.
       (c) Completion and Update.--The form under subsection (a) 
     shall be completed by an individual at the time of entry into 
     the Armed Forces and updated periodically thereafter.

     SEC. 1072. SENSE OF CONGRESS ON FAMILY CARE PLANS AND THE 
                   DEPLOYMENT OF MEMBERS OF THE ARMED FORCES WHO 
                   HAVE MINOR DEPENDENTS.

       (a) In General.--It is the sense of Congress that--
       (1) single parents who are members of the Armed Forces with 
     minor dependents, and dual-military couples with minor 
     dependents, should develop and maintain effective family care 
     plans that--
       (A) address all reasonably foreseeable situations that 
     would result in the absence of the single parent or dual-
     military couple in order to provide for the efficient 
     transfer of responsibility for the minor dependents to an 
     alternative caregiver; and
       (B) are consistent with Department of Defense Instruction 
     1342.19, dated July 13, 1992, and any applicable regulations 
     of the military department concerned; and
       (2) the Secretary of Defense should establish procedures to 
     ensure that if a single parent and both spouses in a dual-
     military couple are required to deploy to a covered area--
       (A) requests by the single parent or dual-military couple 
     for deferments of deployment due to unforeseen circumstances 
     are evaluated rapidly; and
       (B) appropriate steps are taken to ensure adequate care for 
     minor dependents of the single parent or dual-military 
     couple.
       (b) Definitions.--In this section:
       (1) Covered area.--The term ``covered area'' means an area 
     for which special pay for duty subject to hostile fire or 
     imminent danger is authorized under section 310 of title 37, 
     United States Code.
       (2) Dual-military couple.--The term ``dual-military 
     couple'' means a married couple in which both spouses are 
     members of the Armed Forces.

     SEC. 1073. CONDUCT BY MEMBERS OF THE ARMED FORCES AND 
                   VETERANS OUT OF UNIFORM DURING HOISTING, 
                   LOWERING, OR PASSING OF FLAG.

       Section 9 of title 4, United States Code, is amended by 
     striking ``all persons present'' and all that follows through 
     the end and inserting ``those 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 should stand at 
     attention. All such conduct toward the flag in a moving 
     column should be rendered at the moment the flag passes.''.

     SEC. 1074. EXTENSION OF DATE OF APPLICATION OF NATIONAL 
                   SECURITY PERSONNEL SYSTEM TO DEFENSE 
                   LABORATORIES.

       Section 9902(c)(1) of title 5, United States Code, is 
     amended by striking ``October 1, 2008'' each place such term 
     appears and inserting ``October 1, 2011'' in each such place.

     SEC. 1075. 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 
     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 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 is 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 security under this subsection include the 
     following:
       (A) Any official, military member, or employee of the 
     Department of Defense, including such a former or retired 
     official who faces serious and credible threats arising from 
     duties performed while employed by the Department.
       (B) Any distinguished foreign visitor to the United States 
     who is conducting official business with the Department of 
     Defense.
       (C) Any member of the immediate family of a person 
     authorized to receive physical protection and security under 
     this section.
       (3) Limitation on delegation.--The authority of the 
     Secretary of Defense to authorize the provision of physical 
     protection and 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 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, and 
     the duration of the authorized protection and security for 
     such officer, employee, or individual.
       (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 90-day 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 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 a report of 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 30 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) 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 U.S. Army Criminal Investigation Command.
       (B) The Naval Criminal Investigative Service.
       (C) The U.S. 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 security and protection 
     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) 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. 1076. 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:

[[Page S12629]]

       ``(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. 1077. SENSE OF SENATE ON PROJECT COMPASSION.

       (a) Findings.--The Senate makes the following findings:
       (1) It is the responsibility of every citizen of the United 
     States to honor the service and sacrifice of the veterans of 
     the United States, especially those who have made the 
     ultimate sacrifice.
       (2) In the finest tradition of this sacred responsibility, 
     Kaziah M. Hancock, an artist from central Utah, founded a 
     nonprofit organization called Project Compassion, which 
     endeavors to provide, without charge, to the family of a 
     member of the Armed Forces who has fallen in active duty 
     since the events of September 11, 2001, a museum-quality 
     original oil portrait of that member.
       (3) To date, Kaziah M. Hancock, four volunteer professional 
     portrait artists, and those who have donated their time to 
     support Project Compassion have presented over 700 paintings 
     to the families of the fallen heroes of the United States.
       (4) Kaziah M. Hancock and Project Compassion have been 
     honored by the Veterans of Foreign Wars, the American Legion, 
     the Disabled American Veterans, and other organizations with 
     the highest public service awards on behalf of fallen members 
     of the Armed Forces and their families.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) Kaziah M. Hancock and the members of Project Compassion 
     have demonstrated, and continue to demonstrate, extraordinary 
     patriotism and support for the Soldiers, Sailors, Airmen and 
     Marines who have given their lives for the United States in 
     Iraq and Afghanistan and have done so without any expectation 
     of financial gain or recognition for these efforts;
       (2) the people of the United States owe the deepest 
     gratitude to Kaziah M. Hancock and the members of Project 
     Compassion; and
       (3) the Senate, on the behalf of the people of the United 
     States, commends Kaziah M. Hancock, the four other Project 
     Compassion volunteer professional portrait artists, and the 
     entire Project Compassion organization for their tireless 
     work in paying tribute to those members of the Armed Forces 
     who have fallen in the service of the United States.

     SEC. 1078. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS 
                   ASSOCIATION, INCORPORATED.

       (a) Grant of Charter.--Part B of subtitle II of title 36, 
     United States Code, is amended--
       (1) by striking the following:

                     ``CHAPTER 1201--[RESERVED]'';

       and
       (2) by inserting after chapter 1103 the following new 
     chapter:

     ``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Tax-exempt status required as condition of charter.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``120112. Definition.

     ``Sec. 120101. Organization

       ``(a) Federal Charter.--Korean War Veterans Association, 
     Incorporated (in this chapter, the `corporation'), a 
     nonprofit organization that meets the requirements for a 
     veterans service organization under section 501(c)(19) of the 
     Internal Revenue Code of 1986 and that is organized under the 
     laws of the State of New York, is a federally chartered 
     corporation.
       ``(b) Expiration of Charter.--If the corporation does not 
     comply with the provisions of this chapter, the charter 
     granted by subsection (a) shall expire.

     ``Sec. 120102. Purposes

       ``The purposes of the corporation are those provided in the 
     articles of incorporation of the corporation and shall 
     include the following:
       ``(1) To organize as a veterans service organization in 
     order to maintain a continuing interest in the welfare of 
     veterans of the Korean War, and rehabilitation of the 
     disabled veterans of the Korean War to include all that 
     served during active hostilities and subsequently in defense 
     of the Republic of Korea, and their families.
       ``(2) To establish facilities for the assistance of all 
     veterans and to represent them in their claims before the 
     Department of Veterans Affairs and other organizations 
     without charge.
       ``(3) To perpetuate and preserve the comradeship and 
     friendships born on the field of battle and nurtured by the 
     common experience of service to the United States during the 
     time of war and peace.
       ``(4) To honor the memory of the men and women who gave 
     their lives so that the United States and the world might be 
     free and live by the creation of living memorial, monuments, 
     and other forms of additional educational, cultural, and 
     recreational facilities.
       ``(5) To preserve for the people of the United States and 
     posterity of such people the great and basic truths and 
     enduring principles upon which the United States was founded.

     ``Sec. 120103. Membership

       ``Eligibility for membership in the corporation, and the 
     rights and privileges of members of the corporation, are as 
     provided in the bylaws of the corporation.

     ``Sec. 120104. Governing body

       ``(a) Board of Directors.--The composition of the board of 
     directors of the corporation, and the responsibilities of the 
     board, are as provided in the articles of incorporation of 
     the corporation.
       ``(b) Officers.--The positions of officers of the 
     corporation, and the election of the officers, are as 
     provided in the articles of incorporation.

     ``Sec. 120105. Powers

       ``The corporation has only those powers provided in its 
     bylaws and articles of incorporation filed in each State in 
     which it is incorporated.

     ``Sec. 120106. Restrictions

       ``(a) Stock and Dividends.--The corporation may not issue 
     stock or declare or pay a dividend.
       ``(b) Political Activities.--The corporation, or a director 
     or officer of the corporation as such, may not contribute to, 
     support, or participate in any political activity or in any 
     manner attempt to influence legislation.
       ``(c) Loan.--The corporation may not make a loan to a 
     director, officer, or employee of the corporation.
       ``(d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval, or the 
     authority of the United States, for any activity of the 
     corporation.
       ``(e) Corporate Status.--The corporation shall maintain its 
     status as a corporation incorporated under the laws of the 
     State of New York.

     ``Sec. 120107. Tax-exempt status required as condition of 
       charter

       ``If the corporation fails to maintain its status as an 
     organization exempt from taxation under the Internal Revenue 
     Code of 1986, the charter granted under this chapter shall 
     terminate.

     ``Sec. 120108. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete records of account;
       ``(2) minutes of the proceedings of the members, board of 
     directors, and committees of the corporation having any of 
     the authority of the board of directors of the corporation; 
     and
       ``(3) at the principal office of the corporation, a record 
     of the names and addresses of the members of the corporation 
     entitled to vote on matters relating to the corporation.
       ``(b) Inspection.--A member entitled to vote on any matter 
     relating to the corporation, or an agent or attorney of the 
     member, may inspect the records of the corporation for any 
     proper purpose, at any reasonable time.

     ``Sec. 120109. Service of process

       ``The corporation shall have a designated agent in the 
     District of Columbia to receive service of process for the 
     corporation. Notice to or service on the agent is notice to 
     or service on the corporation.

     ``Sec. 120110. Liability for acts of officers and agents

       ``The corporation is liable for any act of any officer or 
     agent of the corporation acting within the scope of the 
     authority of the corporation.

     ``Sec. 120111. Annual report

       ``The corporation shall submit to Congress an annual report 
     on the activities of the corporation during the preceding 
     fiscal year. The report shall be submitted at the same time 
     as the report of the audit required by section 10101(b) of 
     this title. The report may not be printed as a public 
     document.

     ``Sec. 120112. Definition

       ``For purposes of this chapter, the term `State' includes 
     the District of Columbia and the territories and possessions 
     of the United States.''.
       (b) Clerical Amendment.--The item relating to chapter 1201 
     in the table of chapters at the beginning of subtitle II of 
     title 36, United States Code, is amended to read as follows:

``1201. Korean War Veterans Association, Incorporated.........120101''.

     SEC. 1079. SENSE OF SENATE ON GENERAL DAVID PETRAEUS.

       (a) Findings.--The Senate makes the following findings:
       (1) The Senate unanimously confirmed General David H. 
     Petraeus as Commanding General, Multi-National Force-Iraq, by 
     a vote of 81-0 on January 26, 2007.
       (2) General Petraeus graduated first in his class at the 
     United States Army Command and General Staff College.
       (3) General Petraeus earned Masters of Public 
     Administration and Doctoral degrees in international 
     relations from Princeton University.
       (4) General Petraeus has served multiple combat tours in 
     Iraq, including command of the 101st Airborne Division (Air 
     Assault) during combat operations throughout the first year 
     of Operation Iraqi Freedom, which tours included both major 
     combat operations and subsequent stability and support 
     operations.
       (5) General Petraeus supervised the development and 
     crafting of the United States Army and Marine Corps 
     counterinsurgency manual

[[Page S12630]]

     based in large measure on his combat experience in Iraq, 
     scholarly study, and other professional experiences.
       (6) General Petraeus has taken a solemn oath to protect and 
     defend the Constitution of the United States of America.
       (7) During his 35-year career, General Petraeus has amassed 
     a distinguished and unvarnished record of military service to 
     the United States as recognized by his receipt of a Defense 
     Distinguished Service Medal, two Distinguished Service 
     Medals, two Defense Superior Service Medals, four Legions of 
     Merit, the Bronze Star Medal for valor, the State Department 
     Superior Honor Award, the NATO Meritorious Service Medal, and 
     other awards and medals.
       (8) A recent attack through a full-page advertisement in 
     the New York Times by the liberal activist group, Moveon.org, 
     impugns the honor and integrity of General Petraeus and all 
     the members of the United States Armed Forces.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) to reaffirm its support for all the men and women of 
     the United States Armed Forces, including General David H. 
     Petraeus, Commanding General, Multi-National Force-Iraq;
       (2) to strongly condemn any effort to attack the honor and 
     integrity of General Petraeus and all the members of the 
     United States Armed Forces; and
       (3) to specifically repudiate the unwarranted personal 
     attack on General Petraeus by the liberal activist group 
     Moveon.org.

     SEC. 1080. REPORT ON FEASIBILITY OF HOUSING A NATIONAL 
                   DISASTER RESPONSE CENTER AT KELLY AIR FIELD, 
                   SAN ANTONIO, TEXAS.

       (a) In General.--Not later than March 31, 2008, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the feasibility of utilizing 
     existing infrastructure or installing new infrastructure at 
     Kelly Air Field, San Antonio, Texas, to house a National 
     Disaster Response Center for responding to man-made and 
     natural disasters in the United States .
       (b) Content.--The report required under subsection (a) 
     shall include the following:
       (1) A determination of how the National Disaster Response 
     Center 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) Audie Murphy Veterans Administration Medical Center.
       (F) 433rd Airlift Wing C-5 Heavy Lift Aircraft.
       (G) 149 Fighter Wing and Texas Air National Guard F-16 
     fighter aircraft.
       (H) Army Northern Command.
       (I) The National Trauma Institute's three level 1 trauma 
     centers.
       (J) Texas Medical Rangers.
       (K) San Antonio Metro Health Department.
       (L) The University of Texas Health Science Center at San 
     Antonio.
       (M) The Air Intelligence Surveillance and Reconnaissance 
     Agency at Lackland Air Force Base.
       (N) The United States Air Force Security Police Training 
     Department at Lackland Air Force Base.
       (O) The large manpower pools and blood donor pools from the 
     more than 6,000 trainees at Lackland Air Force Base.
       (2) Determine the number of military and civilian personnel 
     required to be mobilized to run the logistics, planning, and 
     maintenance of the National Disaster Response Center during a 
     time of disaster recovery.
       (3) Determine the number of military and civilian personnel 
     required to run the logistics, planning, and maintenance of 
     the National Disaster Response Center during a time when no 
     disaster is occurring.
       (4) Determine 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 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. 1081. SENSE OF CONGRESS ON EQUIPMENT FOR THE NATIONAL 
                   GUARD TO DEFEND THE HOMELAND.

       (a) Findings.--Congress makes the following findings:
       (1) The Army National Guard and Air National Guard have 
     played an increasing role in homeland security and a critical 
     role in Operation Iraqi Freedom and Operation Enduring 
     Freedom.
       (2) As a result of persistent underfunding of procurement, 
     lower prioritization, and more recently the wars in 
     Afghanistan and Iraq, the Army National Guard and Air 
     National Guard face significant equipment shortfalls.
       (3) The National Guard Bureau, in its February 26, 2007, 
     report entitled ``National Guard Equipment Requirements'', 
     outlines the ``Essential 10'' equipment needs to support the 
     Army National Guard and Air National Guard in the performance 
     of their domestic missions.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Army National Guard and Air National Guard should have 
     sufficient equipment available to accomplish their missions 
     inside the United States and to protect the homeland.

     SEC. 1082. 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 one 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 one 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 one 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) Finding.--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 due to the condition, non-
     existence, or accessibility of records.
       (C) It is the intent of Congress is that the Secretary of 
     the Navy contact as many former residents as quickly as 
     possible.
       (2) ATSDR health survey.--
       (A) Development.--Not later than 120 days after the date of 
     the enactment of this Act, the ATSDR, in consultation with 
     the National Opinion Research Center, 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 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.
       (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.

     SEC. 1083. SENSE OF SENATE ON AIR FORCE USE OF TOWBARLESS 
                   AIRCRAFT GROUND EQUIPMENT.

       It is the sense of the Senate to encourage the Air Force to 
     give full consideration to the potential operational utility, 
     cost savings, and increased safety afforded by the 
     utilization of towbarless aircraft ground equipment.

     SEC. 1084. DESIGNATION OF CHARLIE NORWOOD DEPARTMENT OF 
                   VETERANS AFFAIRS MEDICAL CENTER.

       (a) Findings.--Congress makes the following findings:
       (1) Charlie Norwood volunteered for service in the United 
     States Army Dental Corps in a time of war, providing dental 
     and medical services in the Republic of Vietnam in 1968, 
     earning the Combat Medical Badge and two awards of the Bronze 
     Star.
       (2) Captain Norwood, under combat conditions, helped 
     develop the Dental Corps operating procedures, that are now 
     standard, of delivering dentists to forward-fire bases, and 
     providing dental treatment for military service dogs.
       (3) Captain Norwood provided dental, emergency medical, and 
     surgical care for United States personnel, Vietnamese 
     civilians, and prisoners-of-war.
       (4) Dr. Norwood provided military dental care at Fort 
     Gordon, Georgia, following his service in Vietnam, then 
     provided private-practice dental care for the next 25 years 
     for patients in the greater Augusta, Georgia, area, including 
     care for military personnel, retirees, and dependents under 
     Department of Defense programs and for low-income patients 
     under Georgia Medicaid.
       (5) Congressman Norwood, upon being sworn into the United 
     States House of Representatives in 1995, pursued the 
     advancement of health and dental care for active duty and 
     retired military personnel and dependents, and for veterans, 
     through his public advocacy for strengthened Federal support 
     for military and veterans' health care programs and 
     facilities.
       (6) Congressman Norwood co-authored and helped pass into 
     law the Keep our Promises to America's Military Retirees Act, 
     which restored lifetime healthcare benefits to veterans who 
     are

[[Page S12631]]

     military retirees through the creation of the Department of 
     Defense TRICARE for Life Program.
       (7) Congressman Norwood supported and helped pass into law 
     the Retired Pay Restoration Act providing relief from the 
     concurrent receipt rule penalizing disabled veterans who were 
     also military retirees.
       (8) Throughout his congressional service from 1995 to 2007, 
     Congressman Norwood repeatedly defeated attempts to reduce 
     Federal support for the Department of Veterans Affairs 
     Medical Center in Augusta, Georgia, and succeeded in 
     maintaining and increasing Federal funding for the center.
       (9) Congressman Norwood maintained a life membership in the 
     American Legion, the Veterans of Foreign Wars, and the 
     Military Order of the World Wars.
       (10) Congressman Norwood's role in protecting and improving 
     military and veteran's health care was recognized by the 
     Association of the United States Army through the 
     presentation of the Cocklin Award in 1998, and through his 
     induction into the Association's Audie Murphy Society in 
     1999.
       (b) Designation.--
       (1) In general.--The Department of Veterans Affairs Medical 
     Center located at 1 Freedom Way in Augusta, Georgia, shall 
     after the date of the enactment of this Act be known and 
     designated as the ``Charlie Norwood Department of Veterans 
     Affairs Medical Center''.
       (2) References.--Any reference in any law, regulation, map, 
     document, record, or other paper of the United States to the 
     medical center referred to in paragraph (1) shall be 
     considered to be a reference to the Charlie Norwood 
     Department of Veterans Affairs Medical Center.

     SEC. 1085. COMMERCIALIZATION PILOT PROGRAM.

       Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) 
     is amended--
       (1) in paragraph (1), by adding at the end the following: 
     ``The authority to create and administer a Commercialization 
     Pilot Program under this subsection may not be construed to 
     eliminate or replace any other SBIR program that enhances the 
     insertion or transition of SBIR technologies, including any 
     such program in effect on the date of enactment of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3136).'';
       (2) by redesignating paragraphs (5) and (6) as paragraphs 
     (7) and (8), respectively;
       (3) by inserting after paragraph (4) the following:
       ``(5) Insertion incentives.--For any contract with a value 
     of not less than $100,000,000, the Secretary of Defense is 
     authorized to--
       ``(A) establish goals for transitioning Phase III 
     technologies in subcontracting plans; and
       ``(B) require a prime contractor on such a contract to 
     report the number and dollar amount of contracts entered into 
     by that prime contractor for Phase III SBIR projects.
       ``(6) Goal for sbir technology insertion.--The Secretary of 
     Defense shall--
       ``(A) set a goal to increase the number of Phase II 
     contracts awarded by that Secretary that lead to technology 
     transition into programs of record or fielded systems;
       ``(B) use incentives in effect on the date of enactment of 
     the National Defense Authorization Act for Fiscal Year 2008, 
     or create new incentives, to encourage prime contractors to 
     meet the goal under subparagraph (A); and
       ``(C) submit to the Committee on Armed Services and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Armed Services and the Committee 
     on Small Business of the House of Representatives an annual 
     report regarding the percentage of contracts described in 
     subparagraph (A) awarded by that Secretary.''; and
       (4) in paragraph (8), as so redesignated, by striking 
     ``fiscal year 2009'' and inserting ``fiscal year 2012''.

     SEC. 1086. 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 any 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 
     anticipated programs to support an industrial base that would 
     be needed to support the range of future requirements.
       (c) Comptroller General Review.--Not later than 60 days 
     after submittal under subsection (a) of the report required 
     by that subsection, the Comptroller General of the United 
     States shall submit to the congressional defense committees a 
     report setting forth the Comptroller General's assessment of 
     the matters contained in the report under subsection (a), 
     including an assessment of the consistency of the budget of 
     the President for fiscal year 2009, as submitted to Congress 
     pursuant to section 1105 of title 31, United States Code, 
     with the matters contained in the report under subsection 
     (a).

     SEC. 1087. JUSTICE FOR MARINES AND OTHER VICTIMS OF STATE-
                   SPONSORED TERRORISM ACT.

       (a) Short Title.--This section may be cited as the 
     ``Justice for Marines and Other Victims of State-Sponsored 
     Terrorism Act''.
       (b) 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 (as 
     defined in section 2339A of title 18) for such an act if such 
     act or provision of material support 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) the foreign state was designated as a state sponsor 
     of terrorism under section 6(j) of the Export Administration 
     Act of 1979 (50 U.S.C. App. 2405 (j)) or section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time 
     the act occurred, unless later designated as a result of such 
     act;
       ``(B) the claimant or the victim was--
       ``(i) a national of the United States (as that term is 
     defined in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22));
       ``(ii) a member of the Armed Forces of the United States 
     (as that term is defined in section 976 of title 10); or
       ``(iii) otherwise an employee of the government of the 
     United States or one of its contractors acting within the 
     scope of their employment when the act upon which the claim 
     is based occurred; or
       ``(C) where 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.
       ``(b) Definition.--For purposes of this section--
       ``(1) 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) the term `hostage taking' has the meaning given that 
     term in Article 1 of the International Convention Against the 
     Taking of Hostages; and
       ``(3) 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.
       ``(c) Time Limit.--An action may be brought under this 
     section if the action is commenced not later than the latter 
     of--
       ``(1) 10 years after April 24, 1996; or
       ``(2) 10 years from the date on which the cause of action 
     arose.
       ``(d) Private Right of Action.--A private cause of action 
     may be brought against a foreign state designated under 
     section 6(j) of the Export Administration Act of 1979 (50 
     U.S.C. 2405(j)), and any official, employee, or agent of said 
     foreign state while acting within the scope of his or her 
     office, employment, or agency which shall be liable to a 
     national of the United States (as that term is defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)), a member of the Armed Forces of the 
     United States (as that term is defined in section 976 of 
     title 10), or an employee of the government of the United 
     States or one of its contractors acting within the scope of 
     their employment or the legal representative of such a person 
     for personal injury or death caused by acts of that foreign 
     state or its official, employee, or agent for which the 
     courts of the United States may maintain jurisdiction under 
     this section for money damages which may include economic 
     damages, solatium, pain, and suffering, and punitive damages 
     if the acts were among those described in this section. A 
     foreign state shall be vicariously liable for the actions of 
     its officials, employees, or agents.
       ``(e) Additional Damages.--After an action has been brought 
     under subsection (d), actions may also be brought for 
     reasonably foreseeable property loss, whether insured or 
     uninsured, third party liability, and life and property 
     insurance policy loss claims.
       ``(f) Special Masters.--
       ``(1) In general.--The Courts of the United States may from 
     time to time 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 sections 
     1404C of the Victims 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 pursuant to 
     section 1605(a)(7) such funds as may be required to carry out 
     the Orders of that United States District Court appointing 
     Special Masters in any case under this section. Any amount 
     paid in compensation to any such Special Master shall 
     constitute an item of court costs.

[[Page S12632]]

       ``(g) 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.
       ``(h) 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 located within that judicial district that 
     is titled in the name of any defendant, or titled in the name 
     of any entity controlled by any such defendant if such notice 
     contains a statement listing those controlled entities.
       ``(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.''.
       (2) Amendment to chapter analysis.--The chapter analysis 
     for chapter 97 of title 28, United States Code, is amended by 
     inserting after the item for section 1605 the following:

``1605A. Terrorism exception to the jurisdictional immunity of a 
              foreign state.''.
       (c) Conforming Amendments.--
       (1) Property.--Section 1610 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(g) Property in Certain Actions.--
       ``(1) In general.--The property of a foreign state, or 
     agency or instrumentality of a foreign state, against which a 
     judgment is entered under this section, including property 
     that is a separate juridical entity, is subject to 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 execution upon a judgment entered under this 
     section 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.''.
       (2) 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''.
       (3) 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); and
       (B) by striking subsections (e) and (f).
       (d) Application to Pending Cases.--
       (1) In general.--The amendments made by this section shall 
     apply to any claim arising under section 1605A or 1605(g) of 
     title 28, United States Code, as added by this section.
       (2) Prior actions.--Any judgment or action brought under 
     section 1605(a)(7) of title 28, United States Code, or 
     section 101(c) of Public Law 104-208 after the effective date 
     of such provisions relying on either of these provisions as 
     creating a cause of action, which has been adversely affected 
     on the grounds that either or both of these provisions fail 
     to create a cause of action opposable against the state, and 
     which is still before the courts in any form, including 
     appeal or motion under Federal Rule of Civil Procedure 60(b), 
     shall, on motion made to the Federal District Court where the 
     judgment or action was initially entered, be given effect as 
     if it had originally been filed pursuant to section 1605A(d) 
     of title 28, United States Code. The defenses of res 
     judicata, collateral estoppel and limitation period are 
     waived in any re-filed action described in this paragraph and 
     based on the such claim. Any such motion or re-filing must be 
     made not later than 60 days after enactment of this Act.

     SEC. 1088. SMALL HIGH-TECH FIRMS.

       Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) 
     is amended by striking ``2008'' and inserting ``2010''.

     SEC. 1089. 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. 1090. 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. 1091. NATIONAL CENTER FOR HUMAN PERFORMANCE.

       The scientific institute to perform research and education 
     in medicine and related sciences to enhance human performance 
     that is located at the Texas Medical Center shall hereafter 
     be known as the ``National Center for Human Performance''. 
     Nothing in this section shall be construed to convey on such 
     institute status as a center of excellence under the Public 
     Health Service Act or as a center of the national institutes 
     of health under title IV of such Act.

     SEC. 1092. 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 agency 
     demonstrates to the Secretary would achieve a significant 
     reduction in petroleum consumption.''.

     SEC. 1093. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY 
                   MEMBERS OF INDIVIDUALS PERFORMING CERTAIN 
                   MILITARY SERVICE.

       (a) Federal Employees Program.--
       (1) Definitions.--In this subsection:
       (A) Caregiver.--The term ``caregiver'' means an individual 
     who--
       (i) is an employee;
       (ii) is at least 21 years of age; and
       (iii) is capable of self care and care of children or other 
     dependent family members of a qualified member of the Armed 
     Forces.
       (B) Covered period of service.--The term ``covered period 
     of service'' means any period of service performed by an 
     employee as a caregiver while the individual who designated 
     the caregiver under paragraph (3) remains a qualified member 
     of the Armed Forces.
       (C) Employee.--The term ``employee'' has the meaning given 
     under section 6331 of title 5, United States Code.
       (D) Family member.--The term ``family member'' includes--
       (i) individuals for whom the qualified member of the Armed 
     Forces provides medical, financial, and logistical support 
     (such as housing, food, clothing, or transportation); and
       (ii) children under the age of 18 years, elderly adults, 
     persons with disabilities, and other persons with a mental or 
     physical disability, who are unable to care for themselves in 
     the absence of the qualified member of the Armed Forces.
       (E) Qualified member of the armed forces.--The term 
     ``qualified member of the Armed Forces'' means--
       (i) a member of a reserve component of the Armed Forces as 
     described under section 10101 of title 10, United States 
     Code, who has received notice to report to, or is serving on, 
     active duty in the Armed Forces in support of a contingency 
     operation as defined under section 101(a)(13) of title 10, 
     United States Code; or
       (ii) a member of the Armed Forces on active duty who is 
     eligible for hostile fire or imminent danger special pay 
     under section 310 of title 37, United States Code.
       (2) Establishment of program.--The Office of Personnel 
     Management may establish a program to authorize a caregiver 
     to use under paragraph (4)--
       (A) any sick leave of that caregiver during a covered 
     period of service; and
       (B) any leave available to that caregiver under subchapter 
     III or IV of chapter 63 of title 5, United States Code, 
     during a covered period of service.
       (3) Designation of caregiver.--
       (A) In general.--A qualified member of the Armed Forces 
     shall submit a written designation of the individual who is 
     the caregiver for any family member of that member of the 
     Armed Forces during a covered period of service to--
       (i) the employing agency; and
       (ii) the uniformed service of which the individual is a 
     member.
       (B) Designation of spouse.--Notwithstanding paragraph 
     (1)(A)(ii), an individual less than 21 years of age may be 
     designated as a caregiver if that individual is the spouse of 
     the qualified member of the Armed Forces making the 
     designation.
       (4) Use of caregiver leave.--Leave may only be used under 
     this subsection for purposes directly relating to, or 
     resulting from, the giving of care by the employee to a 
     family member under the designation of the employee as the 
     caregiver for the family member.
       (5) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Office of Personnel Management 
     shall prescribe regulations to carry out this subsection, 
     including a definition of activities that qualify as the 
     giving of care.

[[Page S12633]]

       (6) Termination.--The program under this subsection shall 
     terminate on December 31, 2010.
       (b) Voluntary Private Sector Leave Program.--
       (1) Definitions.--In this subsection:
       (A) Caregiver.--The term ``caregiver'' means an individual 
     who--
       (i) is an employee;
       (ii) is at least 21 years of age; and
       (iii) is capable of self care and care of children or other 
     dependent family members of a qualified member of the Armed 
     Forces.
       (B) Covered period of service.--The term ``covered period 
     of service'' means any period of service performed by an 
     employee as a caregiver while the individual who designated 
     the caregiver under paragraph (4) remains a qualified member 
     of the Armed Forces.
       (C) Employee.--The term ``employee'' means an employee of a 
     business entity participating in the program under this 
     subsection.
       (D) Family member.--The term ``family member'' includes--
       (i) individuals for whom the qualified member of the Armed 
     Forces provides medical, financial, and logistical support 
     (such as housing, food, clothing, or transportation); and
       (ii) children under the age of 18 years, elderly adults, 
     persons with disabilities, and other persons with a mental or 
     physical disability, who are unable to care for themselves in 
     the absence of the qualified member of the Armed Forces.
       (E) Qualified member of the armed forces.--The term 
     ``qualified member of the Armed Forces'' means--
       (i) a member of a reserve component of the Armed Forces as 
     described under section 10101 of title 10, United States 
     Code, who has received notice to report to, or is serving on, 
     active duty in the Armed Forces in support of a contingency 
     operation as defined under section 101(a)(13) of title 10, 
     United States Code; or
       (ii) a member of the Armed Forces on active duty who is 
     eligible for hostile fire or imminent danger special pay 
     under section 310 of title 37, United States Code.
       (2) Establishment of program.--
       (A) In general.--The Secretary of Labor may establish a 
     program to authorize employees of business entities described 
     under paragraph (3) to use sick leave, or any other leave 
     available to an employee, during a covered period of service 
     for purposes relating to, or resulting from, the giving of 
     care by the employee to a family member under the designation 
     of the employee as the caregiver for the family member.
       (B) Exception.--Subparagraph (A) shall not apply to leave 
     made available under the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2601 et seq.).
       (3) Voluntary business participation.--The Secretary of 
     Labor shall solicit business entities to voluntarily 
     participate in the program under this subsection.
       (4) Designation of caregiver.--
       (A) In general.--A qualified member of the Armed Forces 
     shall submit a written designation of the individual who is 
     the caregiver for any family member of that member of the 
     Armed Forces during a covered period of service to--
       (i) the employing business entity; and
       (ii) the uniformed service of which the individual is a 
     member.
       (B) Designation of spouse.--Notwithstanding paragraph 
     (1)(A)(ii), an individual less than 21 years of age may be 
     designated as a caregiver if that individual is the spouse of 
     the qualified member of the Armed Forces making the 
     designation.
       (5) Use of caregiver leave.--Leave may only be used under 
     this subsection for purposes directly relating to, or 
     resulting from, the giving of care by the employee to a 
     family member under the designation of the employee as the 
     caregiver for the family member.
       (6) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Labor shall prescribe 
     regulations to carry out this subsection.
       (7) Termination.--The program under this subsection shall 
     terminate on December 31, 2010.
       (c) GAO Report.--Not later than March 31, 2010, the 
     Government Accountability Office shall submit a report to 
     Congress on the programs under subsections (a) and (b) that 
     includes--
       (1) an evaluation of the success of each program; and
       (2) recommendations for the continuance or termination of 
     each program.

     SEC. 1094. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR 
                   REFUELING SUPPORT FOR THE AIR FORCE.

       (a) Pilot Program Required.--The Secretary of Air Force 
     shall, commencing as soon as practicable after the date of 
     the enactment of this Act, conduct a pilot program to assess 
     the feasability and advisability of utilizing commercial fee-
     for-service air refueling tanker aircraft for Air Force 
     operations.
       (b) Purpose.--
       (1) In general.--The purpose of the pilot program required 
     by subsection (a) is 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 pilot program shall--
       (A) demonstrate and validate a comprehensive strategy for 
     air refueling on a fee-for-service basis by utilizing all 
     appropriate aircraft in mission areas including testing 
     support, training support to receivers, 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.
       (c) Competitive Providers.--The pilot program shall include 
     the services of not more than three commercial air refueling 
     providers selected by the Secretary for the pilot program 
     utilizing competitive procedures.
       (d) Minimum Number of Aircraft.--Each provider selected for 
     the pilot program shall utilize no fewer than two air 
     refueling aircraft in participating in the pilot program.
       (e) Aircraft Utilization.--The pilot program shall provide 
     for a minimum of 1,200 flying hours per year per air 
     refueling aircraft participating in the pilot program.
       (f) Duration.--The period of the pilot program shall be not 
     less than five years after the commencement of the pilot 
     program.
       (g) 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 to include:
       (1) missions flown;
       (2) mission areas supported;
       (3) aircraft number, type, model series supported;
       (4) fuel dispensed;
       (5) departure reliability rates; and
       (6) any other data as appropriate for evaluating 
     performance of the commercial air refueling providers.

     SEC. 1095. ESTABLISHMENT OF JOINT PATHOLOGY CENTER.

       (a) Establishment.--The Secretary of Defense may, to the 
     extent consistent with the final recommendations of the 2005 
     Defense Base Closure and Realignment Commission as approved 
     by the President, establish a Joint Pathology Center located 
     at the National Naval Medical Center in Bethesda, Maryland, 
     that shall function as the reference center in pathology for 
     the Department of Defense.
       (b) Services.--The Joint Pathology Center, if established, 
     shall provide, at a minimum, the following services:
       (1) Diagnostic pathology consultation.
       (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 such 
     Repository in conducting the activities described in 
     paragraphs (1) through (3).

     SEC. 1096. REPORT ON FEASIBILITY OF ESTABLISHING A DOMESTIC 
                   MILITARY AVIATION NATIONAL TRAINING CENTER.

       (a) In General.--Not later than March 31, 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 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.
       (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.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

     SEC. 1101. COMPENSATION OF FEDERAL WAGE SYSTEM EMPLOYEES FOR 
                   CERTAIN TRAVEL HOURS.

       Section 5544(a) of title 5, United States Code, is amended 
     in the third sentence in the matter following paragraph (3) 
     by inserting ``, including travel by the employee to such 
     event and the return of the employee from such event to the 
     employee's official duty station,'' after ``event''.

     SEC. 1102. 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--

[[Page S12634]]

       (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. 1103. CONTINUATION OF LIFE INSURANCE COVERAGE FOR 
                   FEDERAL EMPLOYEES CALLED TO ACTIVE DUTY.

       Section 8706(b) of title 5, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(5) In the case of an employee enrolled in life insurance 
     under this chapter who is a member of a reserve component of 
     the armed forces called or ordered to active duty, is placed 
     on leave without pay to perform active duty pursuant to such 
     call or order, and serves on active duty pursuant to such 
     call or order for a period of more than 30 consecutive days, 
     the life insurance of the employee under this chapter may 
     continue for up to 24 months after discontinuance of pay by 
     reason of the performance of such active duty.''.

     SEC. 1104. DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL 
                   SYSTEM.

       (a) Exclusion of Wage-Grade Employees.--Subsection (b) of 
     section 9902 of title 5, United States Code, is amended--
       (1) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively; and
       (2) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) not apply to any prevailing rate employees, as 
     defined in section 5342(a)(2);''.
       (b) Clarification of Requirements Regarding Labor-
     Management Relations.--
       (1) In general.--Such section is further amended by 
     striking subsection (m).
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) in subsection (f)(1)(D)(i), by inserting ``subject to 
     the requirements of chapter 71,'' before ``develop a 
     method''; and
       (B) in subsection (g)(2)--
       (i) in subparagraph (B), by inserting ``and'' at the end;
       (ii) in subparagraph (C), by striking ``; and'' and 
     inserting a period; and
       (iii) by striking subparagraph (D).
       (3) Construction of pay establishment or adjustment.--
     Subsection (e) of such section is amended by adding at the 
     end the following new paragraph:
       ``(6) Any rate of pay established or adjusted in accordance 
     with the requirements of this section shall be a matter 
     covered by section 7103(a)(14)(C) of this title.''.

     SEC. 1105. AUTHORITY TO WAIVE LIMITATION ON PREMIUM PAY FOR 
                   FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS 
                   UNDER AREAS OF UNITED STATES CENTRAL COMMAND.

       (a) Waiver Authority.--
       (1) In general.--Notwithstanding section 5547 of title 5, 
     United States Code, during 2008, the head of an Executive 
     agency (as that term is defined in section 105 of title 5, 
     United States Code) may waive limitations on total 
     compensation, including limitations on the aggregate of basic 
     pay and premium pay payable in a calendar year, to an 
     employee who performs work while in an overseas location that 
     is in the area of responsibility of the Commander of the 
     United States Central Command in direct support of, or 
     directly related to--
       (A) a military operation, including a contingency 
     operation; or
       (B) an operation in response to a declared emergency.
       (2) Limitation.--The total compensation payable to an 
     employee pursuant to a waiver under this subsection in a 
     calendar year may not exceed $212,100.
       (b) Additional Pay Not Considered Basic Pay.--To the extent 
     that a waiver under subsection (a) results in payment of 
     additional premium pay of a type that is normally creditable 
     as basic pay for retirement or any other purpose, such 
     additional pay shall not be considered to be basic pay for 
     any purpose, nor shall such additional pay be used in 
     computing a lump-sum payment for accumulated and accrued 
     annual leave under section 5551 of title 5, United States 
     Code.
       (c) Regulations.--The Director of the Office of Personnel 
     Management may prescribe regulations to ensure appropriate 
     consistency among heads of Executive agencies in the exercise 
     of the authority granted by this section.

     SEC. 1106. 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 new 
     subparagraph (D):
       ``(D) not more than a total of 20 scientific and 
     engineering positions in the Office of the Director of 
     Defense Research and Engineering;''.

     SEC. 1107. REPEAL OF AUTHORITY FOR PAYMENT OF UNIFORM 
                   ALLOWANCE TO CIVILIAN EMPLOYEES OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Repeal.--Section 1593 of title 10, United States Code, 
     is repealed.
       (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 1593.

     SEC. 1108. AUTHORIZATION FOR INCREASED COMPENSATION FOR 
                   FACULTY AND STAFF OF THE UNIFORMED SERVICES 
                   UNIVERSITY OF THE HEALTH SCIENCES.

       Section 2113(f) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``so as'' and inserting ``after 
     consideration of the compensation necessary''; 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 case may the total amount of compensation paid under 
     paragraph (1) in any year exceed the total amount of annual 
     compensation (excluding expenses) specified in section 102 of 
     title 3.''.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

     SEC. 1201. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL TO 
                   ASSIST IN ACCOUNTING FOR MISSING UNITED STATES 
                   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 personnel

       ``(a) In General.--The Secretary of Defense may, with the 
     concurrence of the Secretary of State, provide assistance to 
     any foreign nation to assist the Department of Defense with 
     recovery of and accounting for missing United States 
     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) Limitation.--The amount of assistance provided under 
     this section in any fiscal year may not exceed $1,000,000.
       ``(d) 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.
       ``(e) 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 statement 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 personnel.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2007.

     SEC. 1202. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR 
                   SECURITY AND STABILIZATION ASSISTANCE.

       (a) Increase in Amount of Authorized Assistance.--
     Subsection (b) of section 1207 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3458) is amended by striking ``$100,000,000'' and 
     inserting ``$200,000,000''.
       (b) Program for Assistance.--Such section is further 
     amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsection (e), (f), and (g), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(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).''.
       (c) One-Year Extension.--Subsection (g) of such section, as 
     redesignated by subsection (b) of this section, is amended by 
     striking ``September 30, 2007'' and inserting ``September 30, 
     2008''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2007.

     SEC. 1203. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

       (a) Authority for Fiscal Year 2008.--During fiscal year 
     2008, from funds made available to the Department of Defense 
     for operation and maintenance for such fiscal year, not to 
     exceed $977,441,000 may be used by the Secretary of Defense 
     in such fiscal year to provide funds--
       (1) for the Commanders' Emergency Response Program in Iraq 
     for the purpose of enabling United States military commanders 
     in Iraq to respond to urgent humanitarian relief and 
     reconstruction requirements within their areas of 
     responsibility by carrying out programs that will immediately 
     assist the Iraqi people; and

[[Page S12635]]

       (2) for a similar program to assist the people of 
     Afghanistan.
       (b) Waiver Authority.--For purposes of exercising the 
     authority provided by this section or any other provision of 
     law making funds available for the Commanders' Emergency 
     Response Program in Iraq or any similar program to assist the 
     people of Afghanistan, the Secretary may waive any provision 
     of law not contained in this section that would (but for the 
     waiver) prohibit, restrict, limit, or otherwise constrain the 
     exercise of that authority.
       (c) Quarterly Reports.--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 regarding the source of funds and the 
     allocation and use of funds during that quarter that were 
     made available pursuant to the authority provided in this 
     section or under any other provision of law for the purposes 
     of the programs referred to in subsection (a).
       (d) Submittal of Modifications of Guidance.--In the event 
     any modification is made after the date of the enactment of 
     this Act in the guidance issued to the Armed Forces by the 
     Under Secretary of Defense (Comptroller) on February 18, 
     2005, concerning the allocation of funds through the 
     Commanders' Emergency Response Program in Iraq and any 
     similar program to assist the people of Afghanistan, the 
     Secretary shall submit to the congressional defense 
     committees a copy of such modification not later than 15 days 
     after the date of such modification.

     SEC. 1204. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON GLOBAL 
                   PEACE OPERATIONS INITIATIVE.

       (a) Report Required.--Not later than March 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.

     SEC. 1205. 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--Other Authorities and Limitations

     SEC. 1211. 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. 1212. 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. 1213. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF PALAU 
                   FOR COSTS OF MILITARY CIVIC ACTION TEAMS.

       Section 104(a) of Public Law 99-658 (48 U.S.C. 1933(a)) is 
     amended--
       (1) by inserting ``(1)'' before ``In recognition''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Secretary of Defense may accept from the 
     Government of Palau the amount available for the use of the 
     Government of Palau under paragraph (1). Any amount so 
     accepted by the Secretary under this paragraph shall be 
     credited to the appropriation or account available to the 
     Department of Defense for the Civic Action Team with respect 
     to which such amount is so accepted. Amounts so credited 
     shall be merged with the appropriation or account to which 
     credited, and shall be available to the Civic Action Team for 
     the same purposes, and subject to the same conditions and 
     limitations, as the appropriation or account with which 
     merged.''.

     SEC. 1214. EXTENSION OF PARTICIPATION OF THE DEPARTMENT OF 
                   DEFENSE IN MULTINATIONAL MILITARY CENTERS OF 
                   EXCELLENCE.

       (a) Extension of Participation.--Section 1205 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 120 Stat. 2416) is amended--
       (1) in subsection (a), by striking ``fiscal year 2007'' and 
     inserting ``during fiscal years 2007 and 2008''; and
       (2) in subsection (e)(2), by inserting ``or 2008'' after 
     ``in fiscal year 2007''.
       (b) Reporting Requirements.--Subsection (g) of such section 
     is amended--
       (1) in paragraph (1)--
       (A) by striking ``October 31, 2007,'' and inserting 
     ``October 31 of each of 2007 and 2008,''; and
       (B) by striking ``fiscal year 2007'' and inserting ``fiscal 
     year 2007 or 2008, as applicable''; and
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``The report'' and inserting ``Each 
     report''; and
       (ii) by inserting ``, for the fiscal year covered by such 
     report,'' after ``shall include''; and
       (B) in subparagraph (A), by striking ``fiscal year 2007''.

     SEC. 1215. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF 
                   THAILAND.

       (a) Findings.--Congress makes the following findings:
       (1) Thailand is an important strategic ally and economic 
     partner of the United States.
       (2) The United States strongly supports the prompt 
     restoration of democratic rule in Thailand.

[[Page S12636]]

       (3) While it is in the interest of the United States to 
     have a robust defense relationship with Thailand, it is 
     appropriate that the United States has curtailed certain 
     military-to-military cooperation and assistance programs 
     until democratic rule has been restored in Thailand.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Thailand should continue on the path to restore 
     democratic rule as quickly as possible, and should hold free 
     and fair national elections as soon as possible and no later 
     than December 2007; and
       (2) once Thailand has fully reestablished democratic rule, 
     it will be both possible and desirable for the United States 
     to reinstate a full program of military assistance to the 
     Government of Thailand, including programs such as 
     International Military Education and Training (IMET) and 
     Foreign Military Financing (FMF) that were appropriately 
     suspended following the military coup in Thailand in 
     September 2006.
       (c) Limitation.--No funds authorized to be appropriated by 
     this Act may be obligated or expended to provide direct 
     assistance to the Government of Thailand to initiate new 
     military assistance activities until 15 days after the 
     Secretary of Defense notifies the Committees on Armed 
     Services and Foreign Relations of the Senate and the 
     Committees on Armed Services and Foreign Affairs of the House 
     of Representatives of the intent of the Secretary to carry 
     out such new types of military assistance activities with 
     Thailand.
       (d) Exception.--The limitation in subsection (c) shall not 
     apply with respect to funds as follows:
       (1) Amounts authorized to be appropriated for Overseas 
     Humanitarian, Disaster, and Civic Aid.
       (2) Amounts otherwise authorized to be appropriated by this 
     Act and available for humanitarian or emergency assistance 
     for other nations.
       (e) New Military Assistance Activities Defined.--In this 
     section, the term ``new military assistance activities'' 
     means military assistance activities that have not been 
     undertaken between the United States and Thailand during 
     fiscal year 2007.

     SEC. 1216. PRESIDENTIAL REPORT ON POLICY OBJECTIVES AND 
                   UNITED STATES STRATEGY REGARDING IRAN.

       Not more than 75 percent of the amount authorized to be 
     appropriated by this Act and available for the Office of the 
     Under Secretary of Defense for Policy may be obligated or 
     expended for that purpose until the President submits to 
     Congress the report required by section 1213(b) of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 120 Stat. 2422).

     SEC. 1217. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS 
                   PENDING IMPLEMENTATION OF REQUIREMENTS 
                   REGARDING NORTH KOREA.

       Notwithstanding any other provision of law, no funds 
     authorized to be appropriated for the Department of Defense 
     by this Act or any other Act for the provision of security 
     and stabilization assistance as authorized by section 1207 of 
     the National Defense Authorization Act for Fiscal Year 2006 
     (as amended by section 1202 of this Act) may be obligated or 
     expended for that purpose until the President certifies to 
     Congress that all the provisions of section 1211 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-163; 120 Stat. 2420) have been or are 
     being carried out.

     SEC. 1218. 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 pose a threat to both the 
     forward-deployed forces of the United States and to its North 
     Atlantic Treaty Organization (NATO) allies in Europe; and 
     which 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 and deploy, as soon as technologically 
     possible, in conjunction with its allies and other nations 
     whenever possible, an effective defense against the threat 
     from Iran described in subsection (a)(1) that will provide 
     protection for the United States, its friends, and its North 
     Atlantic Treaty Organization allies; and
       (2) to proceed in the development of such response in a 
     manner such that any missile defenses fielded by the United 
     States in Europe are integrated with or complementary to 
     missile defense capabilities that might be fielded by the 
     North Atlantic Treaty Organization in Europe.

     SEC. 1219. 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. 2708e)(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) Reports required.--Not later than 90 days after the 
     date of the enactment of this Act, and every 90 days 
     thereafter, 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.--Each report under paragraph (1) shall 
     include, current as of the date of such report, 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) Form of report.--Each report submitted to Congress 
     under paragraph (1) shall be submitted in a classified form, 
     and shall be accompanied by a report in unclassified form 
     that redacts the classified information in the report.

                          Subtitle C--Reports

     SEC. 1231. REPORTS ON UNITED STATES POLICY AND MILITARY 
                   OPERATIONS IN AFGHANISTAN.

       (a) Reports Required.--Not later than 60 days after the 
     date of the enactment of this Act and every 180 days 
     thereafter through the end of fiscal year 2009, the President 
     shall submit to the congressional defense committees a report 
     on United States policy and military operations in 
     Afghanistan.
       (b) Elements.--Each report required by subsection (a) shall 
     include the following:
       (1) A comprehensive strategy, coordinated between and among 
     the departments and agencies of the United States Government, 
     for achieving the objectives of United States policy and 
     military operations in Afghanistan.
       (2) A description of current and proposed efforts to assist 
     the Government of Afghanistan in increasing the size and 
     capability of the Afghan Security Forces, including key 
     criteria for measuring the capabilities and readiness of the 
     Afghan National Army, the Afghan National Police, and other 
     Afghan security forces.
       (3) A description of current and proposed efforts of the 
     United States Government to work with coalition partners to 
     strengthen the International Security Assistance Force (ISAF) 
     led by the North Atlantic Treaty Organization (NATO) in 
     Afghanistan, including efforts--
       (A) to encourage North Atlantic Treaty Organization members 
     to make or fulfill commitments to meet North Atlantic Treaty 
     Organization mission requirements with respect to the 
     International Security Assistance Force; and
       (B) to remove national restrictions on the use of forces of 
     members of the North Atlantic Treaty Organization deployed as 
     part of the International Security Assistance Force mission.
       (4) A description of current and proposed efforts to 
     improve provincial governance and expand economic development 
     in the provinces of Afghanistan, including--
       (A) a statement of the mission and objectives of the 
     Provincial Reconstruction Teams in Afghanistan;
       (B) a description of the number, funding (including the 
     sources of funding), staffing requirements, and current 
     staffing levels of the Provincial Reconstruction Teams, set 
     forth by United States Government agency;
       (C) an evaluation of the effectiveness of each Provincial 
     Reconstruction Team, including each team under the command of 
     the United States and each team under the command of the 
     International Security Assistance Force, in achieving its 
     mission and objectives; and
       (D) a description of the collaboration, if any, between the 
     United States Agency for International Development and 
     Special Operations Forces in such efforts, and an assessment 
     of the results of such collaboration.
       (5) With respect to current counternarcotics efforts in 
     Afghanistan--
       (A) a description of the counternarcotics plan of the 
     United States Government in Afghanistan, including a 
     statement of priorities among United States counterdrug 
     activities (including interdiction, eradication, and 
     alternative livelihood programs) within that plan, and a 
     description of the specific resources allocated for each such 
     activity;
       (B) a description of the counternarcotics roles and 
     missions assumed by the local and provincial governments of 
     Afghanistan, the Government of Afghanistan, particular 
     departments and agencies of the United States Government, the 
     International Security Assistance Force, and other 
     governments;
       (C) a description of the extent, if any, to which 
     counternarcotics operations in or with respect to Afghanistan 
     have been determined to constitute a United States military 
     mission, and the justification for that determination;
       (D) a description of United States efforts to destroy drug 
     manufacturing facilities; and
       (E) a description of United States efforts to apprehend or 
     eliminate major drug traffickers in Afghanistan, and a 
     description of the extent to which such drug traffickers are 
     currently assisting United States counterterrorist efforts.
       (6) A description of current and proposed efforts to help 
     the Government of Afghanistan fight public corruption and 
     strengthen the rule of law.
       (7) A description of current and proposed diplomatic and 
     other efforts to encourage and assist the Government of 
     Pakistan to eliminate safe havens for Taliban, Al Qaeda, and 
     other extremists within the territory of Pakistan

[[Page S12637]]

     which threaten the stability of Afghanistan, and an 
     evaluation of the cooperation of the Government of Pakistan 
     in eliminating such safe havens.
       (c) Form.--Each report required by subsection (a) shall be 
     submitted in unclassified form to the maximum extent 
     practicable, but may include a classified annex.

     SEC. 1232. STRATEGY FOR ENHANCING SECURITY IN AFGHANISTAN BY 
                   ELIMINATING SAFE HAVENS FOR VIOLENT EXTREMISTS 
                   IN PAKISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) Since September 11, 2001, the Government of Pakistan 
     has been an important partner in helping the United States 
     remove the Taliban regime from Afghanistan.
       (2) In early September 2006, the Government of Pakistan 
     signed a peace agreement with pro-Taliban militants in 
     Miramshah, North Waziristan, Pakistan. Under the agreement, 
     local tribesmen in North Waziristan agreed to halt cross-
     border movement of pro-Taliban insurgents from the North 
     Waziristan area to Afghanistan and to remove all foreigners 
     who do not respect the peace and abide by the agreement.
       (3) In late September 2006, United States military 
     officials in Kabul, Afghanistan, reported two-fold, and in 
     cases three-fold, increases in the number of cross-border 
     attacks along the Afghanistan border with Pakistan in the 
     weeks following the signing of the agreement referred to in 
     paragraph (2).
       (4) On February 13, 2007, Lieutenant General Karl W. 
     Eikenberry, the former commanding general of Combined Forces 
     Command--Afghanistan, stated in a written statement to the 
     Committee on Armed Services of the House of Representatives 
     that ``Al Qaeda and Taliban leadership presence inside 
     Pakistan remains a significant problem that must be 
     satisfactorily addressed if we are to prevail in Afghanistan 
     and if we are to defeat the global threat posed by 
     international terrorism''.
       (5) On February 27, 2007, John McConnell, the Director of 
     National Intelligence, stated in a written statement to the 
     Committee on Armed Services of the Senate that 
     ``[e]liminating the safehaven that the Taliban and other 
     extremists have found in Pakistan's tribal areas is not 
     sufficient to end the insurgency in Afghanistan but it is 
     necessary''.
       (b) Strategy Relating to Pakistan.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to the 
     congressional defense committees a report describing the 
     long-term strategy of the United States to engage with the 
     Government of Pakistan--
       (A) to prevent the movement of Taliban, Al Qaeda, and other 
     violent extremist forces across the border of Pakistan into 
     Afghanistan; and
       (B) to eliminate safe havens for such forces on the 
     national territory of Pakistan.
       (2) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.
       (c) Limitation on Availability of Department of Defense 
     Coalition Support Funds for Pakistan.--
       (1) Limitation.--For fiscal years 2008 and 2009, the 
     Government of Pakistan may not be reimbursed in any fiscal 
     year quarter for the provision to the United States of 
     logistical, military, or other support utilizing funds 
     appropriated or otherwise made available by an Act making 
     supplemental appropriations for fiscal year 2007 for 
     operations in Iraq and Afghanistan, or any other Act, for the 
     purpose of making payments to reimburse key cooperating 
     nations for the provision to the United States of such 
     support unless the President certifies to the congressional 
     defense committees for such fiscal year quarter that the 
     Government of Pakistan is making substantial and sustained 
     efforts to eliminate safe havens for the Taliban, Al Qaeda 
     and other violent extremists in areas under its sovereign 
     control, including in the cities of Quetta and Chaman and in 
     the Northwest Frontier Province and the Federally 
     Administered Tribal Areas.
       (2) Content of certification.--Each certification submitted 
     under paragraph (1) shall include a detailed description of 
     the efforts made by the Government of Pakistan to eliminate 
     safe havens for the Taliban, Al Qaeda, and other violent 
     extremists in areas under its sovereign control.
       (3) Form.--Each certification submitted under paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (4) Waiver.--The President may waive the limitation on 
     reimbursements under paragraph (1) for a fiscal year quarter 
     if the President determines and certifies to the 
     congressional defense committees that it is important to the 
     national security interest of the United States to do so.

     SEC. 1233. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS 
                   RELATING TO THE BOMBING OF THE LABELLE 
                   DISCOTHEQUE.

       Section 1225(b)(2) of the National Defense Authorization 
     Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465) 
     is amended by striking ``Not later than one year after 
     enactment of this Act,'' and inserting ``Not later than each 
     of January 6, 2007, and January 7, 2008,''.

     SEC. 1234. REPORT ON PLANNING AND IMPLEMENTATION OF UNITED 
                   STATES ENGAGEMENT AND POLICY TOWARD DARFUR.

       (a) Requirement for Reports.--Not later than 120 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense and the Secretary of State shall submit to the 
     appropriate congressional committees a report on the policy 
     of the United States to address the crisis in Darfur, in 
     eastern Chad, and in 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.
       (b) Elements.--Each report 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 
     1706 (2006) and 1591 (2005), 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 peacekeepers 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) A comprehensive explanation of the policy of the United 
     States to address the crisis in Darfur, including the 
     activities of the Department of Defense and the Department of 
     State.
       (3) A comprehensive assessment of the impact of a no-fly 
     zone for Darfur, 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.
       (4) 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.
       (5) An assessment of the extent to which additional 
     resources are necessary to meet the obligations of the United 
     States to AMIS and any covered United Nations mission.
       (c) Form and Availability of Reports.--
       (1) Form.--Each report submitted under this section shall 
     be in an unclassified form, but may include a classified 
     annex.
       (2) Availability.--The unclassified portion of any report 
     submitted under this section 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 Darfur, and any United 
     Nations peacekeeping operating in Darfur, eastern Chad, or 
     northern Central African Republic, that is deployed on or 
     after the date of the enactment of this Act.

     SEC. 1235. REPORT ON THE AIRFIELD IN ABECHE, CHAD, AND OTHER 
                   RESOURCES NEEDED TO PROVIDE STABILITY IN THE 
                   DARFUR REGION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the airfield located in Abeche, Republic of Chad, could 
     play a significant role in potential United Nations, African 
     Union, or North Atlantic Treaty Organization humanitarian, 
     peacekeeping, or other military operations in Darfur, Sudan, 
     or the surrounding region; and
       (2) the capacity of that airfield to serve as a substantial 
     link in such operations should be assessed, along with the 
     projected costs and specific upgrades that would be necessary 
     for its expanded use, should the Government of Chad agree to 
     its improvement and use for such purposes.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall, in 
     coordination with the Secretary of State, submit to the 
     appropriate committees of Congress a report on the matters as 
     follows:
       (1) The current capacity of the existing airfield in 
     Abeche, Republic of Chad, including the scope of its current 
     use by the international community in response to the crisis 
     in the Darfur region.
       (2) The upgrades, and their associated costs, necessary to 
     enable the airfield in Abeche, Republic of Chad, to be 
     improved to be fully capable of accommodating a humanitarian, 
     peacekeeping, or other force deployment of the size foreseen 
     by the recent United Nations resolutions 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.
       (3) The force size and composition of an international 
     effort estimated to be necessary to provide protection to 
     those Darfur civilian populations currently displaced in the 
     Darfur region.
       (4) The force size and composition of an international 
     effort estimated to be necessary to provide broader stability 
     within the Darfur region.

     SEC. 1236. 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 asymmetric capabilities, including 
     cyberwarfare, including--
       ``(A) detailed analyses of the countries targeted;

[[Page S12638]]

       ``(B) the specific vulnerabilities targeted in these 
     countries;
       ``(C) the tactical and strategic effects sought by 
     developing threats to such targets; and
       ``(D) an appendix detailing specific examples of tests and 
     development of these asymmetric capabilities.''.

     SEC. 1237. APPLICATION OF THE UNIFORM CODE OF MILITARY 
                   JUSTICE TO MILITARY CONTRACTORS DURING A TIME 
                   OF WAR.

       The Secretary of Defense shall report within 60 days of 
     enactment of this Act to House Armed Service Committee and 
     the Senate Armed Services Committee on the status of 
     implementing section 552 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364) 
     related to the application of the Uniform Code of Military 
     Justice to military contractors during a time of war or a 
     contingency operation.

     SEC. 1238. 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 submit 
     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) An estimate of the current number of United States 
     citizens with relatives in North Korea, and an estimate of 
     the current number of such United States citizens who are 
     more than 70 years of age.
       (2) An estimate of the number of United States citizens who 
     have traveled to North Korea for family reunions.
       (3) An estimate of the amounts of money and aid that went 
     from the Korean-American community to North Korea in 2007.
       (4) A summary of any allegations of fraud by third-party 
     brokers in arranging family reunions between United States 
     citizens and their relatives in North Korea.
       (5) A description of the efforts, if any, of the President 
     to facilitate reunions between the United States citizens and 
     their relatives in North Korea, including the following:
       (A) Negotiating with the Democratic People's Republic of 
     Korea to permit 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 the Democratic People's 
     Republic of Korea, to dedicate personnel and resources at the 
     United States embassy in Pyongyang, Democratic People's 
     Republic of Korea, to facilitate reunions between United 
     States citizens and their relatives in North Korea.
       (C) Informing Korean-American families of fraudulent 
     practices by certain third-party brokers who arrange reunions 
     between United States citizens and their relatives in North 
     Korea, and seeking an end to such practices.
       (D) Developing standards for safe and transparent family 
     reunions overseas involving United States citizens and their 
     relatives in North Korea.
       (6) What additional efforts in the areas described in 
     paragraph (5), if any, the President would consider desirable 
     and feasible.

     SEC. 1239. REPORTS ON PREVENTION OF MASS ATROCITIES.

       (a) Department of State Report.--
       (1) Report required.--Not later than 120 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 120 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.

  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, 
     $102,885,000.
       (2) For nuclear weapons storage security in Russia, 
     $22,988,000.
       (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, 
     $51,986,000.
       (5) For biological weapons proliferation prevention in the 
     former Soviet Union, $194,489,000.
       (6) For chemical weapons destruction in Russia, $1,000,000.
       (7) For threat reduction outside the former Soviet Union, 
     $10,000,000.
       (8) For defense and military contacts, $8,000,000.
       (9) For activities designated as Other Assessments/
     Administrative Support, $19,000,000.
       (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:

[[Page S12639]]

       ``(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 safe and 
     secure transportation and storage, of biological, or chemical 
     weapons, materials, weapons components, or weapons-related 
     materials.
       ``(2) Programs to prevent the proliferation of nuclear, 
     chemical, or biological weapons, weapons components, and 
     weapons-related military technology and expertise.
       ``(3) Programs to 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.''.

     SEC. 1304. 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 (Public Law 108-136; 117 Stat. 1662; 22 
     U.S.C. 5963) is amended--
       (1) in subsection (a), by striking ``the President'' the 
     second place it appears and inserting ``the Secretary of 
     Defense, with the concurrence of the Secretary of State,''; 
     and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``the President'' the 
     second place it appears and inserting ``the Secretary of 
     Defense, with the concurrence of the Secretary of State,''; 
     and
       (B) in paragraph (2), by striking ``the President'' and 
     inserting ``the Secretary of Defense and the Secretary of 
     State''.

     SEC. 1305. 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. 1306. 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 trends in the biological sciences and 
     biotechnology that will affect the capabilities 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 review of programs of the United States Government 
     and other governments, international organizations, 
     foundations, and other private sector entities used in 
     developing countries that are not states of the former Soviet 
     Union 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 the 
     prevention of the proliferation of biological weapons with 
     activities of other departments and agencies of the United 
     States addressing problems and opportunities in developing 
     countries that are not states of the former Soviet Union.
       (c) Report.--
       (1) In general.--Not later than December 31, 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 study carried out under 
     subsection (a).
       (2) Matters to be included.--The report under paragraph (1) 
     shall include the following:
       (A) The results of the study carried out under subsection 
     (a), including any report received by the Secretary from the 
     National Academy of Sciences on the study.
       (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.
       (d) Funding.--Of the amount authorized to be appropriated 
     by section 301(18) for Cooperative Threat Reduction programs, 
     not more than $2,500,000 may be obligated or expended to 
     carry out this section.

                    TITLE XIV--OTHER AUTHORIZATIONS

                     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 $1,044,194,000.

     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 $22,543,124,000, of which--
       (1) $22,044,381,000 is for Operation and Maintenance;
       (2) $136,482,000 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 $1,491,724,000, of which--
       (1) $1,186,452,000 is for Operation and Maintenance;
       (2) $274,846,000 is for Research, Development, Test, and 
     Evaluation; and
       (3) $30,426,000 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 $959,322,000.

     SEC. 1405A. ADDITIONAL AMOUNT FOR DRUG INTERDICTION AND 
                   COUNTER-DRUG ACTIVITIES WITH RESPECT TO 
                   AFGHANISTAN.

       (a) Additional Amount for Drug Interdiction and Counter-
     Drug Activities, Defense-Wide.--The amount authorized to be 
     appropriated by section 1405 for Drug Interdiction and 
     Counter-Drug Activities, Defense-wide, is hereby increased by 
     $162,800,000.
       (b) Availability.--Of the amount authorized to be 
     appropriated by section 1405 for Drug Interdiction and 
     Counter-Drug Activities, Defense-wide, as increased by 
     subsection (a), $162,800,000 may be available for drug 
     interdiction and counterdrug activities with respect to 
     Afghanistan.
       (c) Supplement Not Supplant.--The amount available under 
     subsection (b) for the purpose specified in that paragraph is 
     in addition to any other amounts available under this Act for 
     that purpose.
       (d) Offset.--The amount authorized to be appropriated by 
     section 1509 for Drug Interdiction and Counter-Drug 
     Activities, Defense-wide, for Operation Iraqi Freedom and 
     Operation Enduring Freedom is hereby decreased by 
     $162,800,000.

     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.

     SEC. 1407. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS 
                   FROM LOWER INFLATION.

       (a) Reduction.--The aggregate amount authorized to be 
     appropriated by this division is the amount equal to the sum 
     of all the amounts authorized to be appropriated by the 
     provisions of this division reduced by $1,627,000,000, to be 
     allocated as follows:
       (1) Procurement.--The aggregate amount authorized to be 
     appropriated by title I is hereby reduced by $601,000,000.
       (2) Research, development, test, and evaluation.--The 
     aggregate amount authorized to be appropriated by title II is 
     hereby reduced by $451,000,000.
       (3) Operation and maintenance.--The aggregate amount 
     authorized to be appropriated by title III is hereby reduced 
     by $554,000,000.
       (4) Other authorizations.--The aggregate amount authorized 
     to be appropriated by title XIV is hereby reduced by 
     $21,000,000.

[[Page S12640]]

       (b) Source of Savings.--Reductions required in order to 
     comply with subsection (a) shall be derived from savings 
     resulting from lower-than-expected inflation as a result of 
     the difference between the inflation assumptions used in the 
     Concurrent Resolution on the Budget for Fiscal Year 2008 when 
     compared with the inflation assumptions used in the budget of 
     the President for fiscal year 2008, as submitted to Congress 
     pursuant to section 1005 of title 31, United States Code.
       (c) Allocation of Reductions.--The Secretary of Defense 
     shall allocate the reductions required by this section among 
     the amounts authorized to be appropriated for accounts in 
     titles I, II, III, and XIV to reflect the extent to which net 
     savings from lower-than-expected inflations are allocable to 
     amounts authorized to be appropriated to such accounts.

                 Subtitle B--National Defense Stockpile

     SEC. 1411. 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 completes 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 completes 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 written 
     certification 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, 
     that--
       (1) the disposal of the additional ferromanganese from the 
     National Defense Stockpile is in the interest of national 
     defense;
       (2) the disposal of the additional ferromanganese 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 is 
     consistent with the requirements and purpose of the National 
     Defense Stockpile.
       (d) Delegation of Responsibility.--The Secretary of Defense 
     may delegate the responsibility of the Secretary under 
     subsection (c) to an appropriate official within the 
     Department of Defense.
       (e) 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. 1412. 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 written 
     certification 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, 
     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) Delegation of Responsibility.--The Secretary of Defense 
     may delegate the responsibility of the Secretary under 
     subsection (c) to an appropriate official within the 
     Department of Defense.
       (e) 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. 1413. MODIFICATION OF RECEIPT OBJECTIVES FOR PREVIOUSLY 
                   AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE 
                   STOCKPILE.

       (a) Fiscal Year 2000 Disposal Authority.--Paragraph (5) of 
     section 3402(b) of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 50 U.S.C. 98d note), as 
     amended by section 3302(b) of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3546), is further amended by striking 
     ``$600,000,000 before'' and inserting ``$729,000,000 by''.
       (b) Fiscal Year 1999 Disposal Authority.--Paragraph (7) of 
     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(a) of the 
     John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2513), is further 
     amended to read as follows:
       ``(7) $1,469,102,000 by the end of fiscal year 2015.''.

                       Subtitle C--Civil Programs

     SEC. 1421. ARMED FORCES RETIREMENT HOME.

       There is hereby 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) Independence and Purpose of Retirement Home.--Section 
     1511 of the Armed Forces Retirement Home Act of 1991 (24 
     U.S.C. 411) is amended--
       (1) in subsection (a), by adding at the end the following: 
     ``However, for the purpose of entering into contracts, 
     agreements, or transactions regarding real property and 
     facilities under the control of the Board, the Retirement 
     Home shall be treated as a military facility of the 
     Department of Defense. 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) by striking subsection (g) and inserting the following 
     new subsection (g):
       ``(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.''.
       (b) 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, at no cost to residents, to acute medical and 
     dental services and after-hours routine medical care''.
       (c) Chief Medical Officer.--The Armed Forces Retirement 
     Home Act of 1991 is further amended by inserting after 
     section 1515 the following new section:

     ``SEC. 1515A. CHIEF MEDICAL OFFICER.

       ``(a) Appointment.--(1) The Secretary of Defense shall 
     appoint the Chief Medical Officer of the Retirement Home. The 
     Secretary of Defense shall make the appointment in 
     consultation with the Secretary of Homeland Security.
       ``(2) The Chief Medical Officer shall serve a term of two 
     years, but is removable from office during such term at the 
     pleasure of the Secretary.
       ``(3) The Secretary (or the designee of the Secretary) 
     shall evaluate the performance of the Chief Medical Officer 
     not less frequently than once each year. The Secretary shall 
     carry out such evaluation in consultation with the Chief 
     Operating Officer and the Local Board for each facility of 
     the Retirement Home.
       ``(4) An officer appointed as Chief Medical Officer of the 
     Retirement Home shall serve as Chief Medical Officer without 
     vacating any other military duties and responsibilities 
     assigned to that officer whether at the time of appointment 
     or afterward.
       ``(b) Qualifications.--(1) To qualify for appointment as 
     the Chief Medical Officer, a person shall be a member of the 
     Medical, Dental, Nurse, or Medical Services Corps of the 
     Armed Forces, including the Health and Safety Directorate of 
     the Coast Guard, serving on active duty in the grade of 
     brigadier general, or in the case of the Navy or the Coast 
     Guard rear admiral (lower half), or higher.
       ``(2) In making appointments of the Chief Medical Officer, 
     the Secretary of Defense shall, to the extent practicable, 
     provide for the rotation of the appointments among the 
     various Armed Forces and the Health and Safety Directorate of 
     the Coast Guard.
       ``(c) Responsibilities.--(1) The Chief Medical Officer 
     shall be responsible to the Secretary, the Under Secretary of 
     Defense for Personnel and Readiness, and the Chief Operating 
     Officer for the direction and oversight of the provision of 
     medical, mental health, and dental care at each facility of 
     the Retirement Home.
       ``(2) The Chief Medical Officer shall advise the Secretary, 
     the Under Secretary of Defense for Personnel and Readiness, 
     the Chief Operating Officer, and the Local Board for each 
     facility of the Retirement Home on all medical and medical 
     administrative matters of the Retirement Home.
       ``(d) Duties.--In carrying out the responsibilities set 
     forth in subsection (c), the Chief Medical Officer 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, and any 
     other applicable health care standards and requirements 
     (including requirements identified in applicable reports of 
     the Inspector General of the Department of Defense).

[[Page S12641]]

       ``(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.
       ``(e) Advisory Bodies.--In carrying out the 
     responsibilities set forth in subsection (c) and the duties 
     set forth in subsection (d), the Chief Medical Officer may 
     establish and seek the advice of such advisory bodies as the 
     Chief Medical Officer considers appropriate.''.
       (d) 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) The Local Board for a facility shall provide to the 
     Under Secretary of Defense for Personnel and Readiness not 
     less often than annually an assessment of all aspects of the 
     facility, including the quality of care at the facility.
       ``(4) Not less frequently than once each year, the Local 
     Board for a facility shall submit to Congress a report that 
     includes 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 member 
     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).''.
       (e) Inspection of Retirement Home.--Section 1518 of such 
     Act (24 U.S.C. 418) is amended to read as follows:

     ``SEC. 1518. INSPECTION OF RETIREMENT HOME.

       ``(a) Inspector General of the Department of Defense.--(1) 
     The Inspector General of the Department of Defense shall have 
     the duty to inspect the Retirement Home.
       ``(2) The Inspector General shall advise the Secretary of 
     Defense and the Director of each facility of the Retirement 
     Home on matters relating to waste, fraud, abuse, and 
     mismanagement of the Retirement Home.
       ``(b) Inspections by Inspector General.--(1) Every two 
     years, the Inspector General of the Department of Defense 
     shall perform a comprehensive inspection of all aspects of 
     each facility of the Retirement Home, 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 may 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) Not 
     later than 45 days after completing an inspection of a 
     facility of the Retirement Home under subsection (b), the 
     Inspector General shall submit to the Secretary of Defense, 
     the Under Secretary of Defense for Personnel and Readiness, 
     the Chief Operating Officer, the Director of the facility, 
     and the Local Board for the facility, and to Congress, a 
     report describing the results of the inspection and 
     containing such recommendations as the Inspector General 
     considers appropriate in light of the inspection.
       ``(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 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) Every two years, in a 
     year in which the Inspector General does not perform an 
     inspection under subsection (b), 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 
     1422(a)(2)(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.''.
       (f) 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.''.

             Subtitle D--Chemical Demilitarization Matters

     SEC. 1431. MODIFICATION OF TERMINATION REQUIREMENT FOR 
                   CHEMICAL DEMILITARIZATION CITIZENS' ADVISORY 
                   COMMISSIONS.

       (a) Modification.--Subsection (h) of section 172 of the 
     National Defense Authorization Act for Fiscal Year 1993 (50 
     U.S.C. 1521 note) is amended by striking ``after the 
     stockpile located in that commission's State has been 
     destroyed'' and inserting ``upon the earlier of--
       ``(1) the completion of closure activities for the chemical 
     agent destruction facility in the commission's State as 
     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.); or
       ``(2) the request of the Governor of the commission's 
     State.''.
       (b) Technical Amendments.--Subsections (b), (f), and (g) of 
     such section are each amended by striking ``Assistant 
     Secretary of the Army (Research, Development, and 
     Acquisition)'' and inserting ``Assistant Secretary of the 
     Army (Acquisition, Logistics, and Technology)''.

     SEC. 1432. 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. 1433. 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) 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.
       (5) 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.
       (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

[[Page S12642]]

     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.
       (C) A description of the funding required to achieve each 
     of the options for destruction described under subparagraph 
     (B).
       (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. 1434. 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.''.

    TITLE XV--OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

   Subtitle A--Authorization of Additional War-Related Appropriations

     SEC. 1501. ARMY PROCUREMENT.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for procurement accounts of the Army in amounts as 
     follows:
       (1) For aircraft procurement, $890,786,000.
       (2) For missiles, $492,734,000.
       (3) For weapons and tracked combat vehicles procurement, 
     $1,249,177,000.
       (4) For ammunition, $303,000,000.
       (5) For other procurement, $10,310,055,000.

     SEC. 1502. 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, $2,263,018,000.
       (2) For weapons procurement, $251,281,000.
       (3) For other procurement, $814,311,000.
       (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 $4,236,140,000.
       (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 $590,090,000.

     SEC. 1503. 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, $2,069,009,000.
       (2) For ammunition, $74,005,000.
       (3) For missile procurement, $1,800,000.
       (4) For other procurement, $4,163,450,000.

     SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for the procurement account for Defense-wide in the 
     amount of $593,768,000.

     SEC. 1505. 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, $121,653,000.
       (2) For the Navy, $370,798,000.
       (3) For the Air Force, $922,791,000.
       (4) For Defense-wide activities, $535,087,000.

     SEC. 1506. 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, $45,519,264,000.
       (2) For the Navy, $5,190,000,000.
       (3) For the Marine Corps, $4,013,093,000.
       (4) For the Air Force, $10,532,630,000.
       (5) For Defense-wide activities, $5,976,216,000.
       (6) For the Army Reserve, $158,410,000.
       (7) For the Navy Reserve, $69,598,000.
       (8) For the Marine Corps Reserve, $68,000,000.
       (9) For the Army National Guard, $466,150,000.
       (10) For the Air National Guard, $31,168,000.

     SEC. 1507. MILITARY PERSONNEL.

       There is hereby authorized to be appropriated for fiscal 
     year 2008 for the Department of Defense for military 
     personnel in amounts as follows:
       (1) For the Army, $9,140,516,000.
       (2) For the Navy, $752,089,000.
       (3) For the Marine Corps, $817,475,000.
       (4) For the Air Force, $1,411,890,000.
       (5) For the Army Reserve, $235,000,000.
       (6) For the Navy Reserve, $70,000,000.
       (7) For the Marine Corps Reserve, $15,420,000.
       (8) For the Air Force Reserve, $3,000,000.
       (9) For the Army National Guard, $476,584,000.

     SEC. 1508. DEFENSE HEALTH PROGRAM.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for the Department of Defense for expenses, not 
     otherwise provided for, for the Defense Health Program, in 
     the amount of $1,022,842,000, for operation and maintenance.

     SEC. 1509. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
                   DEFENSE-WIDE.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for the Department of Defense for expenses, not 
     otherwise provided for, for Drug Interdiction and Counter-
     Drug Activities, Defense-wide, in the amount of $257,618,000.

     SEC. 1510. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

       (a) Authorization of Appropriation.--Funds are hereby 
     authorized for fiscal year 2008 for the Joint Improvised 
     Explosive Device Defeat Fund in the amount of $4,500,000,000.
       (b) Use of Funds.--Funds appropriated pursuant to 
     subsection (a) shall be available to the Secretary of Defense 
     for the purpose of allowing the Director of the Joint 
     Improvised Explosive Device Defeat Organization to 
     investigate, develop, and provide equipment, supplies, 
     services, training, facilities, personnel, and funds to 
     assist United States forces in the defeat of improvised 
     explosive devices.
       (c) Transfer Authority.--
       (1) Transfers authorized.--Amounts authorized to be 
     appropriated by subsection (a) may be transferred from the 
     Joint Improvised Explosive Device Defeat 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.
       (2) Additional transfer 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 Joint 
     Improvised Explosive Device Defeat Fund under paragraph (1) 
     are not necessary for the purpose provided, such funds may be 
     transferred back to the Joint Improvised Explosive Device 
     Defeat 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.
       (d) Notice to Congress.--Funds may not be obligated from 
     the Joint Improvised Explosive Device Defeat Fund, or 
     transferred under the authority provided in subsection 
     (c)(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.
       (e) Management Plan.--
       (1) Plan 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 plan for the 
     intended management and use of the Joint Improvised Explosive 
     Device Defeat Fund.
       (2) Matter to be included.--The plan required by paragraph 
     (1) shall include an update of the plan required in the 
     paragraph under the heading ``Joint Improvised Explosive 
     Device Defeat Fund'' in chapter 2 of title I of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 424), including identification of--
       (A) year-to-date transfers and obligations;
       (B) projected transfers and obligations through September 
     30, 2008; and
       (C) activities for the coordination of research technology 
     development and concepts of operations on improvised 
     explosive defeat with the military departments, the Defense 
     Agencies, the combatant commands, the Department of Homeland 
     Security, and other appropriate departments and agencies of 
     the Federal Government.
       (f) 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 detail of any obligation or transfer of funds 
     from the Joint Improvised Explosive Device Defeat Fund plan 
     required by subsection (e).
       (g) Duration of Authority.--Amounts appropriated to the 
     Joint Improvised Explosive Device Defeat Fund are available 
     for obligation or transfer from the Fund until September 30, 
     2009.

     SEC. 1511. IRAQ SECURITY FORCES FUND.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated

[[Page S12643]]

     for fiscal year 2008 for the Iraq Security Forces Fund in the 
     amount of $2,000,000,000.
       (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 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 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. 1512. 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 
     for the purpose of allowing the Commander, Office of Security 
     Cooperation-Afghanistan, 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 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 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. 1513. 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 $107,500,000.
       (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. 1514. DEFENSE 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 the Defense Working Capital Funds in 
     the amount of $1,676,275,000.

     SEC. 1515. 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 $5,100,000.

     SEC. 1516. DEFENSE INSPECTOR GENERAL.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for the Department of Defense for expenses, not 
     otherwise provided for, for the Office of Inspector General 
     of the Department of Defense in the amount of $4,394,000, for 
     Operation and Maintenance.

[[Page S12644]]

     SEC. 1517. REPORTS ON MITIGATION OF EFFECTS OF EXPLOSIVELY 
                   FORMED PROJECTILES AND MINES.

       (a) Report on Explosively Formed Projectiles.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 60 days thereafter, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report, in both classified and 
     unclassified forms, on explosively formed projectiles.
       (2) Content.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) A comprehensive plan of action for improving 
     capabilities to mitigate the effects of explosively formed 
     projectiles (EFPs), including the development of 
     technologies, training programs, tactics, techniques, and 
     procedures, and an estimate of the funding required to 
     execute the plan.
       (B) Detailed descriptions of the effectiveness of any 
     fielded EFP mitigation technologies, training programs, 
     tactics, techniques, and procedures, and ways in which they 
     could be improved.
       (C) A description of the individual projects that comprise 
     the plan of action.
       (D) A schedule for completing and fielding each project.
       (E) The contract delivery dates, progress towards 
     completion, and forecast completion date for each project.
       (F) A comprehensive description of any deviation from 
     contract terms and an explanation of any cost and schedule 
     variance and how such variance affects fielding deliverables, 
     and a plan for addressing such deviations and variances.
       (G) Recommendations for additional authorities, which if 
     provided to the Secretary, would improve the ability of the 
     Department of Defense to rapidly field counter EFP 
     capabilities and protection against the effects of EFPs.
       (H) An analysis of any industrial base issues affecting the 
     plan outlined under subparagraph (A).
       (I) Mechanisms for sharing counter EFP capabilities with 
     appropriate coalition partners.
       (J) The most current available data on the effects of EFPs 
     on United States, coalition, and allied forces in Iraq and 
     Afghanistan.
       (b) Report on Mine Resistant Ambush Protected Vehicles.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 30 days thereafter, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on Mine Resistant Ambush 
     Protected (MRAP) vehicles.
       (2) Content.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) The total requirement of all military services for MRAP 
     vehicles, including MRAP I, spiral upgrades, and MRAP II 
     variants.
       (B) A comprehensive plan for transporting and fielding all 
     variants to the United States Central Command (CENTCOM) area 
     of operations.
       (C) An assessment of completed production, transportation, 
     and fielding of MRAP vehicles and a forecast of future 
     production, transportation, and fielding functions.
       (D) An explanation of any deviation between the planned and 
     actual numbers of vehicles fielded for the reporting period.
       (E) Funding required to execute production, transportation, 
     and fielding, and an analysis of any industrial base issues 
     affecting such functions.
       (F) The required delivery schedule for each contract to 
     procure MRAP vehicles.
       (G) A comprehensive description and explanation of cost and 
     schedule variance, and any deviation from contract terms, how 
     that variance or deviation affects overall program 
     performance, and corrective actions planned to address such 
     variance and deviation.
       (H) Recommendations for additional authorities, which if 
     provided to the Secretary, would improve the ability of the 
     Department of Defense to rapidly field MRAP vehicles.
       (I) Plans for armor upgrades, and their impact on 
     automotive performance and sustainment.
       (J) An explanation of any safety issues or limitations on 
     the vehicles.
       (K) Anticipated short and long term sustainment issues, 
     including an explanation of the maintenance concept for 
     sustainment after the initial contractor logistic support 
     period and the projected annual funding required.
       (L) A detailed description of MRAP program costs, including 
     research and development, procurement, maintenance, 
     logistics, and end to end transportation costs.
       (c) Report on Tactical Wheeled Vehicles Strategy.--
       (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 near and long term tactical wheeled vehicle fleet 
     modernization strategies of the Army and Marine Corps.
       (2) Content.--The report required under paragraph (1) shall 
     include the following:
       (A) A description of the impact of the Mine Resistant 
     Ambush Protected vehicle program on the current acquisition 
     strategies and procurement plans of the Army and Marine Corps 
     for the tactical wheeled vehicle fleet, including inventory 
     mix, overall sustainment cost, and logistical and industrial 
     base issues.
       (B) Plans for the Joint Light Tactical Vehicle program, 
     including an assessment of the continued validity of 
     previously adopted Key Performance Parameters.
       (C) A science and technology investment strategy, including 
     a description of current technical barriers, near and long 
     term technology objectives, coordination of activities of the 
     various military departments, Defense Agencies, and 
     commercial industry entities, and technology demonstration 
     and transition plans to support the Long Term Armoring 
     Strategy (LTAS).
       (D) A strategy to fund and execute sufficient developmental 
     and operational test and evaluation to ensure that deployed 
     systems are operationally effective, including a description 
     of the role of the Director of Operational Test and 
     Evaluation in the development and execution of the Long Term 
     Armoring Strategy.
       (E) Plans to utilize the Army reset and recapitalization 
     process to maintain the legacy tactical wheeled vehicle 
     fleet.
       (d) Report on Long Term Armoring Strategy.--
       (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, in 
     classified and unclassified forms, on the Long Term Armoring 
     Strategy of the Army and Marine Corps.
       (2) Content.--The report required under paragraph (1) shall 
     include the following:
       (A) An estimate of the funding required to execute the 
     strategy.
       (B) Specific plans for balancing force protection, payload, 
     performance, and deployability requirements across the range 
     of wheeled vehicle variants.
       (C) A science and technology investment strategy, including 
     a description of current technical barriers, near and long 
     term technology objectives, coordination of activities of the 
     various military departments, Defense Agencies, and 
     commercial industry entities, and technology demonstration 
     and transition plans.
       (D) A test and evaluation master plan, including a 
     description of the role of the Director of Operational Test 
     and Evaluation in the development and execution of LTAS.
       (E) An analysis of industrial base or manufacturing issues 
     related to achieving sufficient and sustainable production 
     rates.

       Subtitle B--General Provisions Relating to Authorizations

     SEC. 1521. PURPOSE.

       The purpose of this title is to authorize additional 
     appropriations for the Department of Defense for fiscal year 
     2008 for the incremental costs of Operation Iraqi Freedom and 
     Operation Enduring Freedom.

     SEC. 1522. 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. 1523. SPECIAL 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 title 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.--The total amount of authorizations that 
     the Secretary may transfer under the authority of this 
     section may not exceed $3,500,000,000.
       (b) Terms and Conditions.--Transfers under this section 
     shall be subject to the same terms and conditions as 
     transfers under section 1001.
       (c) Additional Authority.--The transfer authority provided 
     by this section is in addition to the transfer authority 
     provided under section 1001.

                       Subtitle C--Other Matters

     SEC. 1531. 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. 1532. 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 1506 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.

[[Page S12645]]

       (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. 1533. 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.

     SEC. 1534. 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.

     SEC. 1535. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST 
                   COALITION FORCES IN IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) Since January 19, 1984, the Secretary of State has 
     designated the Islamic Republic of Iran as a ``state sponsor 
     of terrorism,'' one of only five countries in the world at 
     present so designated.
       (2) The Department of State, in its most recent ``Country 
     Reports on Terrorism,'' stated that ``Iran remained the most 
     active state sponsor of terrorism'' in 2006.
       (3) The most recent Country Reports on Terrorism report 
     further stated, ``Iran continued [in 2006] to play a 
     destabilizing role in Iraq. . . Iran provided guidance and 
     training to select Iraqi Shia political groups, and weapons 
     and training to Shia militant groups to enable anti-Coalition 
     attacks. Iranian government forces have been responsible for 
     at least some of the increasing lethality of anti-Coalition 
     attacks by providing Shia militants with the capability to 
     build IEDs with explosively formed projectiles similar to 
     those developed by Iran and Lebanese Hezbollah. The Iranian 
     Revolutionary Guard was linked to armor-piercing explosives 
     that resulted in the deaths of Coalition Forces.''
       (4) In an interview published on June 7, 2006, Zalmay 
     Khalilzad, then-United States ambassador to Iraq, said of 
     Iranian support for extremist activity in Iraq, ``We can say 
     with certainty that they support groups that are attacking 
     coalition troops. These groups are using the same ammunition 
     to destroy armored vehicles that the Iranians are supplying 
     to Hezbollah in Lebanon. They pay money to Shiite militias 
     and they train some of the groups. We can't say whether 
     Teheran is supporting Al Qaeda, but we do know that Al Qaeda 
     people come here from Pakistan through Iran. And Ansar al 
     Sunna, a partner organization of Zarqawi's network, has a 
     base in northwest Iran.''
       (5) On April 26, 2007, General David Petraeus, commander of 
     Multi-National Force-Iraq, said of Iranian support for 
     extremist activity in Iraq, ``The level of financing, the 
     level of training on Iranian soil, the level of equipping 
     some sophisticated technologies. . . even advice in some 
     cases, has been very, very substantial and very harmful.''
       (6) On April 26, 2007, General Petraeus also said of 
     Iranian support for extremist activity in Iraq, ``We know 
     that it goes as high as [Brig. Gen. Qassem] Suleimani, who is 
     the head of the Qods Force. . . . We believe that he works 
     directly for the supreme leader of the country.''
       (7) On May 27, 2007, then-Major General William Caldwell, 
     spokesperson for Multi-National Force-Iraq, said, ``What we 
     do know is that the Iranian intelligence services, the Qods 
     Force, is in fact both training, equipping, and funding Shia 
     extremist groups. . . both in Iraq and also in Iran. . . . We 
     have in detention now people that we have captured that, in 
     fact, are Sunni extremist-related that have, in fact, 
     received both some funding and training from the Iranian 
     intelligence services, the Qods Force.''
       (8) On February 27, 2007, in testimony before the Committee 
     on Armed Services of the Senate, Lieutenant General Michael 
     Maples, director of the Defense Intelligence Agency, said of 
     Iranian support for extremist activity in Iraq, ``We believe 
     Hezbollah is involved in the training as well.''
       (9) On July 2, 2007, Brigadier General Kevin Bergner, 
     spokesperson for Multi-National Force-Iraq, stated, ``The 
     Iranian Qods Force is using Lebanese Hezbollah essentially as 
     a proxy, as a surrogate in Iraq.''
       (10) On July 2, 2007, Brigadier General Bergner detailed 
     the capture in southern Iraq by coalition forces of Ali Musa 
     Daqdaq, whom the United States military believes to be a 24-
     year veteran of Lebanese Hezbollah involved in the training 
     of Iraqi extremists in Iraq and Iran.
       (11) The Department of State designates Hezbollah a foreign 
     terrorist organization.
       (12) On July 2, 2007, Brigadier General Bergner stated that 
     the Iranian Qods Force operates three camps near Teheran 
     where it trains Iraqi extremists in cooperation with Lebanese 
     Hezbollah, stating, ``The Qods Force, along with Hezbollah 
     instructors, train approximately 20 to 60 Iraqis at a time, 
     sending them back to Iraq organized into these special 
     groups. They are being taught how to use EPFs [explosively 
     formed penetrators], mortars, rockets, as well as 
     intelligence, sniper, and kidnapping operations.''
       (13) On July 2, 2007, Brigadier General Bergner stated that 
     Iraqi extremists receive between $750,000 and $3,000,000 
     every month from Iranian sources.
       (14) On July 2, 2007, Brigadier General Bergner stated that 
     ``[o]ur intelligence reveals that senior leadership in Iran 
     is aware of this activity'' and that it would be ``hard to 
     imagine'' that Ayatollah Ali Khamenei, the Supreme Leader of 
     Iran, is unaware of it.
       (15) On July 2, 2007, Brigadier General Bergner stated, 
     ``There does not seem to be any follow-through on the 
     commitments that Iran has made to work with Iraq in 
     addressing the destabilizing security issues here in Iraq.''
       (16) On February 11, 2007, the United States military held 
     a briefing in Baghdad at which its representatives stated 
     that at least 170 members of the United States Armed Forces 
     have been killed, and at least 620 wounded, by weapons tied 
     to Iran.
       (17) On January 20, 2007, a sophisticated attack was 
     launched by insurgents at the Karbala Provincial Joint 
     Coordination Center in Iraq, resulting in the murder of five 
     American soldiers, four of whom were first abducted.
       (18) On April 26, 2007, General Petraeus stated that the 
     so-called Qazali network was responsible for the attack on 
     the Karbala Provincial Joint Coordination Center and that 
     ``there's no question that the Qazali network is directly 
     connected to the Iranian Qods force [and has] received money, 
     training, arms, ammunition, and at some points in time even 
     advice and assistance and direction''.
       (19) On July 2, 2007, Brigadier General Bergner stated that 
     the United States Armed Forces possesses documentary evidence 
     that the Qods Force had developed detailed information on the 
     United States position at the Karbala Provincial Joint 
     Coordination Center ``regarding our soldiers' activities, 
     shift changes, and defenses, and this information was shared 
     with the attackers''.
       (20) On July 2, 2007, Brigadier General Bergner stated of 
     the January 20 Karbala attackers, ``[They] could not have 
     conducted this complex operation without the support and 
     direction of the Qods Force.''
       (21) On May 28, 2007, the United States Ambassador to Iraq, 
     Ryan Crocker, met in Baghdad with representatives of the 
     government of the Islamic Republic of Iran to express United 
     States concern about Iranian anti-coalition activity in Iraq;
       (22) Section 1213(a) of the fiscal year 2007 John Warner 
     National Defense Authorization Act (Public Law 109-364) 
     required that the intelligence community produce an updated 
     National Intelligence Estimate (NIE) on Iran.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the murder of members of the United States Armed Forces 
     by a foreign government or its agents is an intolerable and 
     unacceptable act against the United States by the foreign 
     government in question; and
       (2) the Government of the Islamic Republic of Iran must 
     take immediate action to end any training, arming, equipping, 
     funding, advising, and any other forms of support that it or 
     its agents are providing, and have provided, to Iraqi 
     militias and insurgents, who are contributing to the 
     destabilization of Iraq and are responsible for the murder of 
     members of the United States Armed Forces.

[[Page S12646]]

       (3) It is imperative for the executive and legislative 
     branches of the Federal government to have accurate 
     intelligence on Iran and therefore the intelligence community 
     should produce the NIE on Iran without further delay;
       (4) Congress supports United States diplomacy with the 
     representatives of the government of Islamic Republic of Iran 
     in order to stop any actions by the Iranian government or its 
     agents against United States service members in Iraq;
       (c) Report.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, and every 60 days thereafter, the 
     Commander, Multi-National Forces Iraq and the United States 
     Ambassador to Iraq in coordination with the Director of 
     National Intelligence shall jointly submit to Congress a 
     report describing and assessing in detail--
       (A) any external support or direction provided to anti-
     coalition forces by the Government of the Islamic Republic of 
     Iran or its agents;
       (B) the strategy and ambitions in Iraq of the Government of 
     the Islamic Republic of Iran; and
       (C) any counter-strategy or efforts by the United States 
     Government to counter the activities of agents of the 
     Government of the Islamic Republic of Iran in Iraq.
       (2) Form.--Each report required under paragraph (1) shall 
     be in unclassified form to the extent practical consistent 
     with the need to protect national security, but may contain a 
     classified annex.
       (d) Nothing in this section shall be construed to authorize 
     or otherwise speak to the use of Armed Forces against Iran.

     SEC. 1536. SENSE OF THE SENATE ON THE CONSEQUENCES OF A 
                   FAILED STATE IN IRAQ.

       (a) Findings.--The Senate makes the following findings:
       (1) A failed state in Iraq would become a safe haven for 
     Islamic radicals, including al Qaeda and Hezbollah, who are 
     determined to attack the United States and United States 
     allies.
       (2) The Iraq Study Group report found that ``[a] chaotic 
     Iraq could provide a still stronger base of operations for 
     terrorists who seek to act regionally or even globally''.
       (3) The Iraq Study Group noted that ``Al Qaeda will portray 
     any failure by the United States in Iraq as a significant 
     victory that will be featured prominently as they recruit for 
     their cause in the region and around the world''.
       (4) A National Intelligence Estimate concluded that the 
     consequences of a premature withdrawal from Iraq would be 
     that--
       (A) Al Qaeda would attempt to use Anbar province to plan 
     further attacks outside of Iraq;
       (B) neighboring countries would consider actively 
     intervening in Iraq; and
       (C) sectarian violence would significantly increase in 
     Iraq, accompanied by massive civilian casualties and 
     displacement.
       (5) The Iraq Study Group found that ``a premature American 
     departure from Iraq would almost certainly produce greater 
     sectarian violence and further deterioration of conditions. . 
     . . The near-term results would be a significant power 
     vacuum, greater human suffering, regional destabilization, 
     and a threat to the global economy. Al Qaeda would depict our 
     withdrawal as a historic victory.''
       (6) A failed state in Iraq could lead to broader regional 
     conflict, possibly involving Syria, Iran, Saudi Arabia, and 
     Turkey.
       (7) The Iraq Study group noted that ``Turkey could send 
     troops into northern Iraq to prevent Kurdistan from declaring 
     independence''.
       (8) The Iraq Study Group noted that ``Iran could send 
     troops to restore stability in southern Iraq and perhaps gain 
     control of oil fields. The regional influence of Iran could 
     rise at a time when that country is on a path to producing 
     nuclear weapons.''
       (9) A failed state in Iraq would lead to massive 
     humanitarian suffering, including widespread ethnic cleansing 
     and countless refugees and internally displaced persons, many 
     of whom will be tortured and killed for having assisted 
     Coalition forces.
       (10) A recent editorial in the New York Times stated, 
     ``Americans must be clear that Iraq, and the region around 
     it, could be even bloodier and more chaotic after Americans 
     leave. There could be reprisals against those who worked with 
     American forces, further ethnic cleansing, even genocide. 
     Potentially destabilizing refugee flows could hit Jordan and 
     Syria. Iran and Turkey could be tempted to make power 
     grabs.''
       (11) The Iraq Study Group found that ``[i]f we leave and 
     Iraq descends into chaos, the long-range consequences could 
     eventually require the United States to return''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Senate should commit itself to a strategy that will 
     not leave a failed state in Iraq; and
       (2) the Senate should not pass legislation that will 
     undermine our military's ability to prevent a failed state in 
     Iraq.

     SEC. 1537. SENSE OF CONGRESS ON FEDERALISM IN IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) Iraq continues to experience a self-sustaining cycle of 
     sectarian violence.
       (2) The ongoing sectarian violence presents a threat to 
     regional and world peace, and the long-term security 
     interests of the United States are best served by an Iraq 
     that is stable, not a haven for terrorists, and not a threat 
     to its neighbors.
       (3) A central focus of al Qaeda in Iraq has been to turn 
     sectarian divisions in Iraq into sectarian violence through a 
     concentrated series of attacks, the most significant being 
     the destruction of the Golden Dome of the Shia al-Askariyah 
     Mosque in Samarra in February 2006.
       (4) Iraqis must reach a comprehensive and sustainable 
     political settlement in order to achieve stability, and the 
     failure of the Iraqis to reach such a settlement is a primary 
     cause of violence in Iraq.
       (5) Article One of the Constitution of Iraq declares Iraq 
     to be a ``single, independent federal state''.
       (6) Section Five of the Constitution of Iraq declares that 
     the ``federal system in the Republic of Iraq is made up of a 
     decentralized capital, regions, and governorates, and local 
     administrations'' and enumerates the expansive powers of 
     regions and the limited powers of the central government and 
     establishes the mechanisms for the creation of new federal 
     regions.
       (7) The federal system created by the Constitution of Iraq 
     would give Iraqis local control over their police and certain 
     laws, including those related to employment, education, 
     religion, and marriage.
       (8) The Constitution of Iraq recognizes the administrative 
     role of the Kurdistan Regional Government in 3 northern Iraqi 
     provinces, known also as the Kurdistan Region.
       (9) The Kurdistan region, recognized by the Constitution of 
     Iraq, is largely stable and peaceful.
       (10) The Iraqi Parliament approved a federalism law on 
     October 11th, 2006, which establishes procedures for the 
     creation of new federal regions and will go into effect 18 
     months after approval.
       (11) Iraqis recognize Baghdad as the capital of Iraq, and 
     the Constitution of Iraq stipulates that Baghdad may not 
     merge with any federal region.
       (12) Despite their differences, Iraq's sectarian and ethnic 
     groups support the unity and territorial integrity of Iraq.
       (13) Iraqi Prime Minister Nouri al-Maliki stated on 
     November 27, 2006, ``[t]he crisis is political, and the ones 
     who can stop the cycle of aggravation and bloodletting of 
     innocents are the politicians''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should actively 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;
       (2) the active support referred to in paragraph (1) 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;
       (B) further calling on Iraq's neighbors to pledge not to 
     intervene in or destabilize Iraq and to agree to related 
     verification mechanisms; and
       (C) 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;
       (3) 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 based upon 
     federalism;
       (4) the steps described in paragraphs (1), (2), and (3) 
     could lead to an Iraq that is stable, not a haven for 
     terrorists, and not a threat to its neighbors; and
       (5) nothing in this Act should be construed in any way to 
     infringe on the sovereign rights of the nation of Iraq.

     SEC. 1538. SENSE OF SENATE ON IRAN.

       (a) Findings.--The Senate makes the following findings:
       (1) General David Petraeus, commander of the Multi-National 
     Force Iraq, stated in testimony before a joint session of the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives on September 10, 
     2007, that ``[i]t is increasingly apparent to both coalition 
     and Iraqi leaders that Iran, through the use of the Iranian 
     Republican Guard Corps Qods Force, seeks to turn the Shi'a 
     militia extremists into a Hezbollah-like force to serve its 
     interests and fight a proxy war against the Iraqi state and 
     coalition forces in Iraq''.
       (2) Ambassador Ryan Crocker, United States Ambassador to 
     Iraq, stated in testimony before a joint session of the 
     Committee on Armed Services and the Committee on Foreign 
     Affairs of the House of Representatives on September 10, 
     2007, that ``Iran plays a harmful role in Iraq. While 
     claiming to support Iraq in its transition, Iran has actively 
     undermined it by providing lethal capabilities to the enemies 
     of the Iraqi state''.
       (3) The most recent National Intelligence Estimate on Iraq, 
     published in August 2007, states that ``Iran has been 
     intensifying aspects of its lethal support for select groups 
     of Iraqi Shia militants, particularly the JAM [Jaysh al-
     Mahdi], since at least the beginning of 2006. Explosively 
     formed penetrator (EFP) attacks have risen dramatically''.
       (4) The Report of the Independent Commission on the 
     Security Forces of Iraq, released on September 6, 2007, 
     states that ``[t]he Commission concludes that the evidence of 
     Iran's increasing activism in the southeastern part of the 
     country, including Basra and Diyala provinces, is compelling. 
     . . It is an accepted fact that most of the sophisticated 
     weapons being used to `defeat' our armor protection comes 
     across the border from Iran with relative impunity''.
       (5) General (Ret.) James Jones, chairman of the Independent 
     Commission on the Security

[[Page S12647]]

     Forces of Iraq, stated in testimony before the Committee on 
     Armed Services of the Senate on September 6, 2007, that 
     ``[w]e judge that the goings-on across the Iranian border in 
     particular are of extreme severity and have the potential of 
     at least delaying our efforts inside the country. Many of the 
     arms and weapons that kill and maim our soldiers are coming 
     from across the Iranian border''.
       (6) Ambassador Crocker further testified before Congress on 
     September 11, 2007, with respect to talks with Iran, That ``I 
     think that it's an option that we want to preserve. Our first 
     couple of rounds did not produce anything. I don't think that 
     we should either, therefore, be in a big hurry to have 
     another round, nor do I think we should say we're not going 
     to talk anymore. . . I do believe it's important to keep the 
     option for further discussions on the table.''
       (7) Secretary of Defense Robert Gates stated on September 
     16, 2007, That ``I think that the administration believes at 
     this point that continuing to try and deal with the Iranian 
     threat, the Iranian challenge, through diplomatic and 
     economic means is by far the preferable approach. That's the 
     one we are using . . . we always say all options are on the 
     table, but clearly, the diplomatic and economic approach is 
     the one that we are pursuing.''
       (8) General Petraeus said of Iranian support for extremist 
     activity in Iraq on April 26, 2007, that ``[w]e know that it 
     goes as high as [Brig. Gen. Qassem] Suleimani, who is the 
     head of the Qods Force. . . We believe that he works directly 
     for the supreme leader of the country''.
       (9) Mahmoud Ahmedinejad, the president of Iran, stated on 
     August 28, 2007, with respect to the United States presence 
     in Iraq, that ``[t]he political power of the occupiers is 
     collapsing rapidly. Soon we will see a huge power vacuum in 
     the region. Of course we are prepared to fill the gap''.
       (10) Ambassador Crocker testified to Congress, with respect 
     to President Ahmedinejad's statement, on September 11, 2007, 
     that ``[t]he Iranian involvement in Iraq--its support for 
     extremist militias, training, connections to Lebanese 
     Hezbollah, provision of munitions that are used against our 
     force as well as the Iraqis--are all, in my view, a pretty 
     clear demonstration that Ahmedinejad means what he says, and 
     is already trying to implement it to the best of his 
     ability''.
       (11) General Petraeus stated on September 12, 2007, with 
     respect to evidence of the complicity of Iran in the murder 
     of members of the Armed Forces of the United States in Iraq, 
     that ``[t]e evidence is very, very clear. We captured it when 
     we captured Qais Khazali, the Lebanese Hezbollah deputy 
     commander, and others, and it's in black and white. . . We 
     interrogated these individuals. We have on tape. . . Qais 
     Khazali himself. When asked, could you have done what you 
     have done without Iranian support, he literally throws up his 
     hands and laughs and says, of course not. . . So they told us 
     about the amounts of money that they have received. They told 
     us about the training that they received. They told us about 
     the ammunition and sophisticated weaponry and all of that 
     that they received''.
       (12) General Petraeus further stated on September 14, 2007, 
     that ``[w]hat we have got is evidence. This is not 
     intelligence. This is evidence, off computers that we 
     captured, documents and so forth. . . In one case, a 22-page 
     document that lays out the planning, reconnaissance, 
     rehearsal, conduct, and aftermath of the operation conducted 
     that resulted in the death of five of our soldiers in Karbala 
     back in January''.
       (13) The Department of Defense report to Congress entitled 
     ``Measuring Stability and Security in Iraq'' and released on 
     September 18, 2007, consistent with section 9010 of Public 
     Law 109-289, states that ``[t]here has been no decrease in 
     Iranian training and funding of illegal Shi'a militias in 
     Iraq that attack Iraqi and Coalition forces and civilians. . 
     . Tehran's support for these groups is one of the greatest 
     impediments to progress on reconciliation''.
       (14) The Department of Defense report further states, with 
     respect to Iranian support for Shi'a extremist groups in 
     Iraq, that ``[m]ost of the explosives and ammunition used by 
     these groups are provided by the Iranian Islamic 
     Revolutionary Guard Corps-Qods Force. . . For the period of 
     June through the end of August, [explosively formed 
     penetrator] events are projected to rise by 39 percent over 
     the period of March through May''.
       (15) Since May 2007, Ambassador Crocker has held three 
     rounds of talks in Baghdad on Iraq security with 
     representatives of the Government of the Islamic Republic of 
     Iran.
       (16) Ambassador Crocker testified before Congress on 
     September 10, 2007, with respect to these talks, stating that 
     ``I laid out the concerns we had over Iranian activity that 
     was damaging to Iraq's security, but found no readiness on 
     Iranians' side at all to engage seriously on these issues. 
     The impression I came with after a couple rounds is that the 
     Iranians were interested simply in the appearance of 
     discussions, of being seen to be at the table with the U.S. 
     as an arbiter of Iraq's present and future, rather than 
     actually doing serious business. . . Right now, I haven't 
     seen any sign of earnest or seriousness on the Iranian 
     side''.
       (17) Ambassador Crocker testified before Congress on 
     September 11, 2007, stating that ``[w]e have seen nothing on 
     the ground that would suggest that the Iranians are altering 
     what they're doing in support of extremist elements that are 
     going after our forces as well as the Iraqis''.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) that 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 
     capability of the Government of the Islamic Republic 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) that it is a critical national interest of the United 
     States to prevent the Government of the Islamic Republic of 
     Iran from turning Shi'a militia extremists in Iraq into a 
     Hezbollah-like force that could serve its interests inside 
     Iraq, including by overwhelming, subverting, or co-opting 
     institutions of the legitimate Government of Iraq;
       (3) that 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 and place the Islamic Revolutionary Guards 
     Corps on the list of Specially Designated Global Terrorists, 
     as established under the International Emergency Economic 
     Powers Act and initiated under Executive Order 13224; and
       (4) that the Department of the Treasury 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.

     SEC. 1539. STUDY AND INVESTIGATION OF WARTIME CONTRACTS AND 
                   CONTRACTING PROCESSES IN OPERATION IRAQI 
                   FREEDOM AND OPERATION ENDURING FREEDOM.

       (a) Commission on Wartime Contracting.--
       (1) Establishment.--There is hereby established a 
     commission to be known as the ``Commission on Wartime 
     Contracting'' (in this subsection referred to as the 
     ``Commission'').
       (2) Membership matters.--
       (A) Membership.--The Commission shall be composed of 8 
     members, as follows:
       (i) 2 members shall be appointed by the Majority Leader of 
     the Senate, in consultation with the Chairmen of the 
     Committee on Armed Services and the Committee on Homeland 
     Security and Governmental Affairs of the Senate.
       (ii) 2 members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the Chairmen 
     of the Committee on Armed Services and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
       (iii) 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 and the Committee on 
     Homeland Security and Governmental Affairs of the Senate.
       (iv) 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 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives.
       (v) 1 member shall be appointed by the Secretary of 
     Defense.
       (vi) 1 member shall be appointed by the Secretary of State.
       (B) Deadline for appointments.--All appointments to the 
     Commission shall be made not later than 90 days after the 
     date of the enactment of this Act.
       (C) Chairman and vice chairman.--
       (i) Chairman.--The chairman of the Commission shall be a 
     member of the Commission selected by the members appointed 
     under clauses (i) and (ii) of subparagraph (A), but only if 
     approved by the vote of a majority of the members of the 
     Commission.
       (ii) Vice chairman.--The vice chairman of the Commission 
     shall be a member of the Commission selected by the members 
     appointed under clauses (iii) and (iv) of subparagraph (A), 
     but only if approved by the vote of a majority of the members 
     of the Commission.
       (D) Vacancy.--In the event of a vacancy in the Commission, 
     the individual appointed to fill the membership shall be of 
     the same political party as the individual vacating the 
     membership.
       (3) Duties.--
       (A) General duties.--The Commission shall study and 
     investigate the following matters:
       (i) Federal agency contracting for the reconstruction of 
     Iraq and Afghanistan.
       (ii) Federal agency contracting for the logistical support 
     of coalition forces in Operation Iraqi Freedom and Operation 
     Enduring Freedom.
       (iii) Federal agency contracting for the performance of 
     security and intelligence functions in Operation Iraqi 
     Freedom and Operation Enduring Freedom.
       (B) Scope of contracting covered.--The Federal agency 
     contracting covered by this paragraph includes contracts 
     entered into both in the United States and abroad for the 
     performance of activities described in subparagraph (A), 
     whether performed in the United States or abroad.
       (C) Particular duties.--In carrying out the study under 
     this paragraph, the Commission shall assess--
       (i) the extent and impact of the reliance of the Federal 
     Government on contractors to perform functions (including 
     security, intelligence, and management functions) in 
     Operation Iraqi Freedom and Operation Enduring Freedom;
       (ii) the performance of the contracts under review, and the 
     mechanisms used to manage the performance of the contracts 
     under review;
       (iii) the extent of waste, fraud, abuse, or mismanagement 
     under such contracts;
       (iv) the extent to which those responsible for such waste, 
     fraud, abuse, or mismanagement have been held financially or 
     legally accountable;
       (v) the appropriateness of the organizational structure, 
     policies, practices, and resources of the Department of 
     Defense and the Department of State for handling contingency 
     contract management and support; and

[[Page S12648]]

       (vi) the extent of the misuse of force and violations of 
     the laws of war or Federal law by contractors.
       (4) Reports.--
       (A) Interim report.--On January 15, 2009, the Commission 
     shall submit to Congress an interim report on the study 
     carried out under paragraph (3), including the results and 
     findings of the study as of that date.
       (B) Other reports.--The Commission may from time to time 
     submit to Congress such other reports on the study carried 
     out under paragraph (3) as the Commission considers 
     appropriate.
       (C) Final report.--Not later than two years after the date 
     of the appointment of all of the members of the Commission 
     under paragraph (2), the Commission shall submit to Congress 
     a report on the study carried out under paragraph (3). The 
     report shall--
       (i) include the findings of the Commission;
       (ii) identify lessons learned on the contracting covered by 
     the study; and
       (iii) include specific recommendations for improvements to 
     be made in--

       (I) the process for developing contract requirements for 
     wartime contracts and contracts for contingency operations;
       (II) the process for awarding contracts and task orders for 
     wartime contracts and contracts for contingency operations;
       (III) the process for managing and providing oversight for 
     the performance of wartime contracts and contracts for 
     contingency operations;
       (IV) the process for holding contractors and their 
     employees accountable for waste, fraud, abuse, or 
     mismanagement under wartime contracts and contracts for 
     contingency operations;
       (V) the process for determining which functions are 
     inherently governmental and which functions are appropriate 
     for performance by contractors in an area of combat 
     operations (including an area of a contingency operation), 
     including a determination whether the use of civilian 
     contractors to provide security in an area of combat 
     operations is a function that is inherently governmental;
       (VI) the organizational structure, resources, policies, and 
     practices of the Department of Defense and the Department of 
     State handling contract management and support for wartime 
     contracts and contracts for contingency operations; and
       (VII) the process by which roles and responsibilities with 
     respect to wartime contracts and contracts for contingency 
     operations are distributed among the various departments and 
     agencies of the Federal Government, and interagency 
     coordination and communication mechanisms associated with 
     wartime contracts and contracts for contingency operations.

       (5) Other powers and authorities.--
       (A) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this 
     subsection--
       (i) 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
       (ii) 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 designated subcommittee or 
     designated member may determine advisable.
       (B) 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.
       (C) 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 subsection. 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.
       (D) 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 subsection.
       (E) 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.
       (F) 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.
       (G) Violations of law.--
       (i) 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 subsection.
       (ii) 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.
       (6) Termination.--The Commission shall terminate on the 
     date that is 60 days after the date of the submittal of its 
     final report under paragraph (4)(C).
       (7) Contingency operation defined.--In this subsection, the 
     term ``contingency operation'' has the meaning given that 
     term in section 101 of title 10, United States Code.
       (b) Investigation of Waste, Fraud, Abuse, and 
     Mismanagement.--
       (1) In general.--The Special Inspector General for Iraq 
     Reconstruction shall, in collaboration with 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, conduct a 
     series of audits to identify potential waste, fraud, abuse, 
     or mismanagement in the performance of--
       (A) Department of Defense contracts and subcontracts for 
     the logistical support of coalition forces in Operation Iraqi 
     Freedom and Operation Enduring Freedom; and
       (B) Federal agency contracts and subcontracts for the 
     performance of security and reconstruction functions in 
     Operation Iraqi Freedom and Operation Enduring Freedom.
       (2) Scope of audits of contracts.--Each audit conducted 
     pursuant to paragraph (1)(A) shall focus on a specific 
     contract, task order, or site of performance under a contract 
     or task order and shall examine, at a minimum, one or more of 
     the following issues:
       (A) The manner in which requirements were developed.
       (B) The procedures under which the contract or task order 
     was awarded.
       (C) The terms and conditions of the contract or task order.
       (D) The contractor's staffing and method of performance, 
     including cost controls.
       (E) The efficacy of Department of Defense management and 
     oversight, Department of State management and oversight, and 
     United States Agency for International Development management 
     and oversight, including the adequacy of staffing and 
     training of officials responsible for such management and 
     oversight.
       (F) The flow of information from the contractor to 
     officials responsible for contract management and oversight.
       (3) Scope of audits of other contracts.--Each audit 
     conducted pursuant to paragraph (1)(B) shall focus on a 
     specific contract, task order, or site of performance under a 
     contract or task order and shall examine, at a minimum, one 
     or more of the following issues:
       (A) The manner in which the requirements were developed and 
     the contract or task order was awarded.
       (B) The manner in which the Federal agency exercised 
     control over the contractor's performance.
       (C) The extent to which operational field commanders are 
     able to coordinate or direct the contractor's performance in 
     an area of combat operations.
       (D) The extent to which the functions performed were 
     appropriate for performance by a contractor.
       (E) The degree to which contractor employees were properly 
     screened, selected, trained, and equipped for the functions 
     to be performed.
       (F) The nature and extent of any incidents of misconduct or 
     unlawful activity by contractor employees.
       (G) The extent to which any incidents of misconduct or 
     unlawful activity were reported, documented, investigated, 
     and (where appropriate) prosecuted.
       (4) Continuation of special inspector general.--
       (A) In general.--Notwithstanding section 3001(o) of the 
     Emergency Supplemental Appropriations Act for Defense and for 
     the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 
     108-106; 5 U.S.C. App. 8G note), the Office of the Special 
     Inspector General for Iraq Reconstruction shall not terminate 
     until the date that is 60 days after the date of the 
     submittal under paragraph (4)(C) of subsection (a) of the 
     final report of the Commission on Wartime Contracting 
     established by subsection (a).
       (B) Reaffirmation of certain duties and responsibilities.--
     Congress reaffirms that the Special Inspector General for 
     Iraq Reconstruction retains the duties and responsibilities 
     in sections 4 of the Inspector General Act of 1978 (5 U.S.C. 
     App. 4; relating to reports of criminal violations to the 
     Attorney General) and section 5 of the Inspector General Act 
     of 1978 (5 U.S.C. App. 5; relating to reports to Congress) as 
     expressly provided in subsections (f)(3) and (i)(3), 
     respectively, of section 3001 of the Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be required to carry out 
     the provisions of this section.

     SEC. 1540. MODIFICATION OF AUTHORITIES RELATED TO THE OFFICE 
                   OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ 
                   RECONSTRUCTION.

       (a) Termination Date.--Subsection (o)(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. 1238; 5 U.S.C. App., note to section 
     8G of Public Law 95-452), as amended by section 1054(b) of 
     the John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2397), section 2 of 
     the Iraq Reconstruction Accountability Act of 2006 (Public 
     Law 109-440), and section 3801 of the U.S. Troop Readiness, 
     Veterans' Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 147) 
     is amended to read as follows:
       ``(1) The Office of the Inspector General shall terminate 
     90 days after the balance of funds appropriated or otherwise 
     made available for the reconstruction of Iraq is less than 
     $250,000,000.''.

[[Page S12649]]

       (b) Jurisdiction Over Reconstruction Funds.--Such section 
     is further amended by adding at the end the following new 
     subsection:
       ``(p) Rule of Construction.--For purposes of carrying out 
     the duties of the Special Inspector General for Iraq 
     Reconstruction, any United States funds appropriated or 
     otherwise made available for fiscal years 2006 through 2008 
     for the reconstruction of Iraq, irrespective of the 
     designation of such funds, shall be deemed to be amounts 
     appropriated or otherwise made available to the Iraq Relief 
     and Reconstruction Fund.''.
       (c) Hiring Authority.--Subsection (h)(1) of such section is 
     amended 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)''.

     SEC. 1541. 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, in 
     coordination with the Secretary of State and the Secretary of 
     Defense, 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.--
     Notwithstanding any other provision of law, no defense 
     articles may be provided to the Government of Iraq or any 
     other group, organization, citizen, or resident of Iraq until 
     the Secretary of State certifies 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 section shall 
     include--
       (1) the registration of the serial numbers of all small 
     arms provided to the Government of Iraq or to other groups, 
     organizations, citizens, or residents of Iraq;
       (2) a program of enhanced 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 in Iraq.
       (d) Review.--The President shall periodically review the 
     items subject to the registration and monitoring requirements 
     under subsection (c) to determine what items, if any, no 
     longer warrant export controls under such subsection. The 
     results of such reviews shall be reported to the Speaker of 
     the House of Representatives and to the Committee on Foreign 
     Relations, the Committee on Armed Services, and the Committee 
     on Banking, Housing, and Urban Affairs of the Senate. The 
     President may not exempt any item from such requirements 
     until 30 days after the date on which the President has 
     provided notice of the proposed removal to the Committee on 
     Foreign Affairs of the House of Representatives and to the 
     Committee on Foreign Relations and the Committee on Armed 
     Services of the Senate 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). Such notice shall describe the nature of any 
     controls to be imposed on that 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.
       (f) Effective Date.--This section shall take effect 90 days 
     after the date of the enactment of this Act, unless the 
     President certifies in writing to Congress that it is in the 
     vital interest of the United States to delay the effective 
     date of this section by an additional period of up to 90 
     days, including an explanation of such vital interest, in 
     which case the section shall take effect on such later 
     effective date.

     SEC. 1542. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN 
                   RECONSTRUCTION.

       (a) Findings.--Congress makes the following findings:
       (1) A democratic, stable, and prosperous Afghanistan is 
     vital to the national security of the United States and to 
     combating international terrorism.
       (2) Since the fall of the Taliban, the United States has 
     provided Afghanistan with over $20,000,000,000 in 
     reconstruction and security assistance. However, repeated and 
     documented incidents of waste, fraud, and abuse in the 
     utilization of these funds have undermined reconstruction 
     efforts.
       (3) There is a stronger need for vigorous oversight of 
     spending by the United States on reconstruction programs and 
     projects in Afghanistan.
       (4) The Government Accountability Office (GAO) and 
     departmental Inspectors General provide valuable information 
     on such activities.
       (5) The congressional oversight process requires more 
     timely reporting of reconstruction activities in Afghanistan 
     that encompasses the efforts of the Department of State, the 
     Department of Defense, and the United States Agency for 
     International Development and highlights specific acts of 
     waste, fraud, and abuse.
       (6) One example of such successful reporting is provided by 
     the Special Inspector General for Iraq Reconstruction 
     (SIGIR), which has met this objective in the case of Iraq.
       (7) The establishment of a Special Inspector General for 
     Afghanistan Reconstruction (SIGAR) position using SIGIR as a 
     model will help achieve this objective in Afghanistan. This 
     position will help Congress and the American people to better 
     understand the challenges facing United States programs and 
     projects in that crucial country.
       (8) It is a priority for Congress to establish a Special 
     Inspector General for Afghanistan position with similar 
     responsibilities and duties as the Special Inspector General 
     for Iraq Reconstruction. This new position will monitor 
     United States assistance to Afghanistan in the civilian and 
     security sectors, undertaking efforts similar to those of the 
     Special Inspector General for Iraq Reconstruction.
       (b) Office of Inspector General.--There is hereby 
     established the Office of the Special Inspector General for 
     Afghanistan Reconstruction.
       (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 nomination of an 
     individual as Inspector General shall be made not later than 
     30 days after the date of the enactment of this Act.
       (4) 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.).
       (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) 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.
       (d) 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, or from issuing any subpoena during the course 
     of any audit or investigation.
       (e) 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 appropriated funds by the United 
     States Government, and of the programs, operations, and 
     contracts carried out utilizing such funds in Afghanistan in 
     order to prevent and detect waste, fraud, and abuse, 
     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 the departments, 
     agencies, and entities of the United States Government, 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 funds;
       (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 the efficient utilization of funds for economic 
     reconstruction, social and political development, and 
     security assistance; 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

[[Page S12650]]

     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, 
     and 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 State.
       (B) The Inspector General of the Department of Defense.
       (C) The Inspector General of the United States Agency for 
     International Development.
       (f) Powers and Authorities.--
       (1) Authorities under inspector general act of 1978.--In 
     carrying out the duties specified in subsection (e), the 
     Inspector General shall have the authorities provided in 
     section 6 of the Inspector General Act of 1978.
       (2) Audit standards.--The Inspector General shall carry out 
     the duties specified in subsection (e)(1) in accordance with 
     section 4(b)(1) of the Inspector General Act of 1978.
       (g) 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 shall provide the 
     Inspector General with appropriate and adequate office space 
     at appropriate United States Government locations 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. The Secretary 
     of State shall not charge the Inspector General or employees 
     of the Office of the Inspector General for Afghanistan 
     Reconstruction for International Cooperative Administrative 
     Support Services.
       (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 Defense and the Secretary 
     of State and the appropriate committees of Congress without 
     delay.
       (h) 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, including a 
     summary of lessons learned, and summarizing 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 of the United 
     States Government associated with reconstruction and 
     rehabilitation activities in Afghanistan, including the 
     following information:
       (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 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 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 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 United States Government 
     entity or entities involved in the contract or grant 
     identified, and solicited offers from, potential contractors 
     or grantees to perform the contract or grant, together with a 
     list of the potential contractors or grantees that were 
     issued solicitations for the offers;
       (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; and
       (v) a description of any previous instances of wasteful and 
     fraudulent activities in Afghanistan by current or potential 
     contractors, subcontractors, or grantees and whether and how 
     they were held accountable.
       (G) A description of any potential unethical or illegal 
     actions taken by Federal employees, contractors, or 
     affiliated entities in the course of reconstruction efforts.
       (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 the United States Government 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) Semiannual report.--Not later than December 31, 2007, 
     and semiannually thereafter, the Inspector General shall 
     submit to the appropriate congressional committees a report 
     meeting the requirements of section 5 of the Inspector 
     General Act of 1978.
       (4) Public transparency.--The Inspector General shall post 
     each report required under this subsection on a public and 
     searchable website not later than 7 days after the Inspector 
     General submits the report to the appropriate congressional 
     committees.
       (5) Languages.--The Inspector General shall publish on a 
     publicly available Internet website each report under this 
     subsection in English and other languages that the Inspector 
     General determines are widely used and understood in 
     Afghanistan.
       (6) Form.--Each report submitted under this subsection 
     shall be submitted in unclassified form, but may include a 
     classified annex as the Inspector General determines 
     necessary.
       (7) Limitation on public disclosure of certain 
     information.--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.
       (i) Waiver.--
       (1) Authority.--The President may waive the requirement 
     under paragraph (1) or (3) of subsection (h) for the 
     inclusion in a report under such paragraph of any element 
     otherwise provided for under such paragraph 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 not later than the date on which the report required 
     under paragraph (1) or (3) of subsection (h) is submitted to 
     the appropriate congressional committees. The report shall 
     specify whether waivers under this subsection were made and 
     with respect to which elements.
       (j) 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;
       (ii) to the program to assist the people of Afghanistan 
     established under section 1202(a)(2) of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3455); and
       (iii) to the Department of Defense for assistance for the 
     reconstruction of Afghanistan under any other provision of 
     law; and
       (B) amounts appropriated or otherwise made available for 
     any fiscal year for Afghanistan reconstruction under the 
     following headings or for the following purposes:
       (i) Operating Expenses of the United States Agency for 
     International Development.
       (ii) Economic Support Fund.
       (iii) International Narcotics Control and Law Enforcement.
       (iv) International Affairs Technical Assistance.
       (v) Peacekeeping Operations.
       (vi) Diplomatic and Consular Programs.
       (vii) Embassy Security, Construction, and Maintenance.
       (viii) Child Survival and Health.
       (ix) Development Assistance.
       (x) International Military Education and Training.
       (xi) Nonproliferation, Anti-terrorism, Demining and Related 
     Programs.
       (xii) Public Law 480 Title II Grants.
       (xiii) International Disaster and Famine Assistance.
       (xiv) Migration and Refugee Assistance.
       (xv) Operations of the Drug Enforcement Agency.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--

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       (A) the Committees on Appropriations, Armed Services, 
     Foreign Relations, and Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committees on Appropriations, Armed Services, 
     Foreign Affairs, and Homeland Security of the House of 
     Representatives.
       (3) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 105 of title 5, United 
     States Code.
       (k) 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 1512 for the Afghanistan Security Forces Fund is 
     hereby reduced by $20,000,000.
       (l) Termination.--
       (1) In general.--The Office of the Special Inspector 
     General for Afghanistan Reconstruction shall terminate on 
     September 30, 2010, with transition operations authorized to 
     continue until December 31, 2010.
       (2) Final accountability 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 accountability report on all 
     referrals for the investigation of any potential unethical or 
     illegal actions of Federal employees, contractors, or 
     affiliated entities made to the Department of Justice or any 
     other United States law enforcement entity to ensure further 
     investigations, prosecutions, or remedies.

     SEC. 1543. IMPROVISED EXPLOSIVE DEVICE PROTECTION FOR 
                   MILITARY VEHICLES.

       Procurement of Additional Mine Resistant Ambush Protected 
     Vehicles.--
       (1) Additional amount for army other procurement.--The 
     amount authorized to be appropriated by section 1501(5) for 
     other procurement for the Army is hereby increased by 
     $23,600,000,000.
       (2) Availability for procurement of additional mrap 
     vehicles.--Of the amount authorized to be appropriated by 
     section 1501(5) for other procurement for the Army, as 
     increased by paragraph (1), $23,600,000,000 may be available 
     for the procurement of 15,200 Mine Resistant Ambush Protected 
     (MRAP) Vehicles.

     SEC. 1544. SENSE OF CONGRESS ON THE CAPTURE OF OSAMA BIN 
                   LADEN AND THE AL QAEDA LEADERSHIP.

       It is the Sense of Congress that it should be the policy of 
     the United States Government that the foremost objective of 
     United States counterterrorist operations is to protect 
     United States persons and property from terrorist attacks by 
     capturing or killing Osama bin Laden, Ayman al-Zawahiri, and 
     other leaders of al Qaeda and destroying the al Qaeda 
     network.

                    Subtitle D--Iraq Refugee Crisis

     SEC. 1571. SHORT TITLE.

       This subtitle may be cited as the ``Refugee Crisis in Iraq 
     Act''.

     SEC. 1572. 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 1573 may apply and 
     interview for admission to the United States as refugees; and
       (2) aliens described in section 1574(b) may apply and 
     interview for admission to United States as special 
     immigrants.
       (b) Suspension.--The Secretary of State, in consultation 
     with the Secretary of Homeland Security, may suspend in-
     country processing 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 Senate, 
     the Committee on Foreign Relations of the Senate, the 
     Committee on the Judiciary of the House of Representatives, 
     and the Committee on Foreign Affairs of the House of 
     Representatives. The Secretary of State shall submit a report 
     to the Committees of jurisdiction outlining the basis of such 
     suspension and any extensions.
       (c) Report.--
       (1) In General.--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 a report that contains the plans and assessment 
     described in paragraph (2) to--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on the Judiciary of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall--
       (A) describe the Secretary's plans to establish the 
     processing mechanisms described in subsection (a);
       (B) contain an assessment of in-country processing that 
     makes use of videoconferencing; and
       (C) describe the Secretary of State's diplomatic efforts to 
     improve issuance of entry and exit visas or permits to United 
     States personnel and refugees.

     SEC. 1573. 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, or worked for the 
     United States Government, in Iraq;
       (2) Iraqis who establish to the satisfaction of the 
     Secretary of State in coordination with the Secretary of 
     Homeland Security 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 who are not accompanying 
     or following to join and sons, daughters, and siblings of 
     aliens described in paragraph (1) or section 1574(b)(1); and
       (4) Iraqis who are members of a religious or minority 
     community, have been identified by the Department of State 
     with the concurrence of the Department of Homeland Security 
     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 and the Secretary of Homeland Security are 
     authorized to identify other Priority 2 groups in Iraq.
       (c) Ineligible Organizations and Entities.--Organizations 
     and entities described in section 1573 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 Department of State and relevant 
     intelligence agencies.
       (d) Aliens under this section who qualify for Priority 2 
     processing must meet the requirements of section 207 of the 
     Immigration and Nationality Act.

     SEC. 1574. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.

       (a) In General.--Subject to subsection (c)(1) and 
     notwithstanding any other provision of law, for purposes of 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     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 such Act (8 U.S.C. 
     1101(a)(27)), if the alien--
       (1) or an agent acting on behalf of the alien, submits to 
     the Secretary a petition under section 204 of such Act (8 
     U.S.C. 1154) for classification under section 203(b)(4) of 
     such Act (8 U.S.C. 1153(6)(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 national of Iraq;
       (B) was or is employed by, or worked for the United States 
     Government in Iraq, in or after 2003, for a period of not 
     less than 1 year;
       (C) provided faithful and valuable service to the United 
     States Government, which is documented in a positive 
     recommendation or evaluation from the employee's senior 
     supervisor. Such evaluation or recommendation must be 
     accompanied by approval from the Chief of Mission or his 
     designee who shall conduct a risk assessment of the alien and 
     an independent review of records maintained by the hiring 
     organization or entity to confirm employment and faithful and 
     valuable service prior to approval of a petition under this 
     section; and
       (D) has experienced or is experiencing an ongoing serious 
     threat as a consequence of their employment by the United 
     States Government.
       (2) Spouses and Children.--An alien is described in this 
     subsection if the alien is--
       (A) 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 shall 
     also fall within subsection (b) of section 1574 of this Act, 
     if--
       (1) the alien was the spouse or child of a principal alien 
     who had an approved petition with the Secretary of Homeland 
     Security or the Secretary of State pursuant to section 1574 
     of this Act or section 1059 of the National Defense 
     Authorization Act for the Fiscal Year 2006, Public Law 109-
     163, as amended by Public Law 110-36, which included the 
     alien as an accompanying spouse or child; and
       (2) due to the death of the petitioning alien, such 
     petition was revoked or terminated (or otherwise rendered 
     null) after its approval.
       (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 5 fiscal years 
     beginning after the date of the enactment of this Act. The 
     authority provided by subsection (a) of this section shall 
     expire on September 30 of the fiscal year that is the fifth 
     fiscal year beginning after the date of 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.--If the numerical limitation under 
     paragraph (1) is not reached during a given fiscal year, the 
     numerical limitation under paragraph for the following fiscal 
     year shall be increased by a number equal to the difference 
     between--
       (A) the number of visas authorized under paragraph (1) for 
     the given fiscal year; and
       (B) the number of principal aliens provided special 
     immigrant status under this section during the given fiscal 
     year.

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       (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 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) Definitions.--The terms defined in this Act shall have 
     the same meaning as those terms in the Immigration and 
     Nationality Act.
       (g) Savings Provision.--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 (Public Law 109-163).

     SEC. 1575. MINISTER COUNSELORS FOR IRAQI REFUGEES AND 
                   INTERNALLY DISPLACED PERSONS.

       (a) In General.--The Secretary of State shall establish in 
     the embassy of the United States located in Baghdad, Iraq, a 
     Minister Counselor for Iraqi Refugees and Internally 
     Displaced Persons (referred to in this section as the 
     ``Minister Counselor for Iraq'').
       (b) Duties.--The Minister Counselor for Iraq shall be 
     responsible for the oversight of processing for resettlement 
     of persons considered Priority 2 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 Minister Counselor for 
     Iraq shall have the authority to refer persons to the United 
     States refugee resettlement program.
       (c) Designation of Minister Counselors.--The Secretary of 
     State shall designate in the embassies of the United States 
     located in Cairo, Egypt; Amman, Jordan; Damascus, Syria; and 
     Beirut, Lebanon a Minister Counselor to oversee resettlement 
     to the United States of persons considered Priority 2 
     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. 1576. COUNTRIES WITH SIGNIFICANT POPULATIONS OF 
                   DISPLACED IRAQIS.

       (a) In General.--With respect to each country with a 
     significant population of displaced Iraqis, including Iraq, 
     Jordan, Egypt, Syria, Turkey, and Lebanon, the Secretary of 
     State shall--
       (1) as appropriate, consult with other countries 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 displaced Iraqis to ensure the well-being and safety of 
     such populations in their host environments.
       (b) Numerical Limitations.--In determining the number of 
     Iraqi refugees who should be resettled in the United States 
     under sections (a) and (b) of section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157), the President shall 
     consult nongovernmental organizations that have a presence in 
     Iraq or experience in assessing the problems faced by Iraqi 
     refugees.
       (c) 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 classification as a special 
     immigrant.

     SEC. 1577. DENIAL OR TERMINATION OF ASYLUM.

       (a) Motion to Reopen.--Section 208(b) of the Immigration 
     and Nationality Act is amended by adding at the end the 
     following:
       ``(4) Changed Country Conditions.--An applicant for asylum 
     or withholding of removal, whose claim was denied by an 
     immigration judge solely on the basis of changed country 
     conditions on or after March 1, 2003, may file a motion to 
     reopen his or her claim not later than 6 months after the 
     date of the enactment of the Refugee Crisis in Iraq Act if 
     the applicant--
       ``(A) is a national of Iraq; and
       ``(B) remained in the United States on such date of 
     enactment.''.
       (b) Procedure.--A motion filed under this section shall be 
     made in accordance with section 240(c)(7)(A) and (B) of the 
     Immigration and Nationality Act.

     SEC. 1578. REPORTS.

       (a) Secretary of Homeland Security.--
       (1) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit a report containing plans to expedite the 
     processing of Iraqi refugees for resettlement to--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on the Judiciary of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall--
       (A) detail the plans of the Secretary for expediting the 
     processing of Iraqi refugees for resettlement including 
     through temporary expansion of the Refugee Corps of United 
     States Citizenship and Immigration Services;
       (B) describe the plans of the Secretary for increasing the 
     number of Department of Homeland Security personnel devoted 
     to refugee processing in the noted regions;
       (C) describe the plans of the Secretary for enhancing 
     existing systems for conducting background and security 
     checks of persons applying for Special Immigrant Visas and of 
     persons considered Priority 2 refugees of special 
     humanitarian concern under this subtitle, which enhancements 
     shall support immigration security and provide for the 
     orderly processing of such applications without delay; and
       (D) detail 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 90 days after the date of 
     the enactment of this Act, and annually thereafter, 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 1573(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 more than 6 
     months, the reasons that visas have not been expeditiously 
     processed.
       (c) Report on Iraqi Nationals Employed by the United States 
     Government and Federal Contractors in Iraq.--
       (1) In General.--Not later than 90 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) solicit from each prime contractor or grantee that has 
     performed work in Iraq since March 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 national that has performed work in Iraq since March 
     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 90 
     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 
     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 contractors or 
     grantees to provide the information requested under 
     subsection (c); and
       (2) the reasons for failing to provide such information.

     SEC. 1579. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this subtitle.

                   TITLE XVI--WOUNDED WARRIOR MATTERS

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``Dignified Treatment of 
     Wounded Warriors Act''.

     SEC. 1602. GENERAL DEFINITIONS.

       In this title:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committees on Armed Services and Veterans' Affairs 
     of the Senate; and
       (B) the Committees on Armed Services and Veterans' Affairs 
     of the House of Representatives.
       (2) The term ``covered member of the Armed Forces'' 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, is otherwise in medical 
     hold or medical holdover status, or is otherwise on the 
     temporary disability retired list for a serious injury or 
     illness.
       (3) The term ``family member'', with respect to a member of 
     the Armed Forces or a veteran, has the meaning given that 
     term in section 411h(b) of title 37, United States Code.
       (4) The term ``medical hold or medical holdover status'' 
     means--
       (A) the status of a member of the Armed Forces, including a 
     member of the National Guard or Reserve, assigned or attached 
     to a military hospital for medical care; and
       (B) the status of a member of a reserve component of the 
     Armed Forces who is separated,

[[Page S12653]]

     whether pre-deployment or post-deployment, from the member's 
     unit while in need of health care based on a medical 
     condition identified while the member is on active duty in 
     the Armed Forces.
       (5) 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.
       (6) The term ``TRICARE program'' has the meaning given that 
     term in section 1072(7) of title 10, United States Code.

       Subtitle A--Policy on Care, Management, and Transition of 
           Servicemembers With Serious Injuries or Illnesses

     SEC. 1611. COMPREHENSIVE POLICY ON CARE, MANAGEMENT, AND 
                   TRANSITION OF MEMBERS OF THE ARMED FORCES WITH 
                   SERIOUS INJURIES OR ILLNESSES.

       (a) Comprehensive Policy Required.--
       (1) In general.--Not later than January 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 the care and management of members 
     of the Armed Forces who are undergoing medical treatment, 
     recuperation, or therapy, are otherwise in medical hold or 
     medical holdover status, or are otherwise on the temporary 
     disability retired list for a serious injury or illness 
     (hereafter in this section referred to as a ``covered 
     servicemembers'').
       (2) Scope of policy.--The policy shall cover each of the 
     following:
       (A) The care and management of covered servicemembers while 
     in medical hold or medical holdover status or on the 
     temporary disability retired list.
       (B) The medical evaluation and disability evaluation of 
     covered servicemembers.
       (C) The return of covered servicemembers to active duty 
     when appropriate.
       (D) The transition of covered servicemembers 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 results of the 
     reviews under subsections (b) and (c) and the best practices 
     identified through pilot programs under section 1654.
       (b) Review of Current Policies and Procedures.--
       (1) Review required.--In developing the policy required by 
     this section, 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 covered servicemembers for purposes 
     of--
       (A) incorporating such approaches into the policy; and
       (B) extending such approaches, where applicable, to 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 described in that paragraph;
       (B) identify among such policies and procedures existing 
     and potential shortfalls in such care and management 
     (including care and management of covered servicemembers 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 
     among the military departments and the regions of the 
     Department of Veterans Affairs in their application and 
     discharge; 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 Findings, Recommendations, and 
     Practices.--In developing the policy required by this 
     section, 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 Commission on Veterans' Pensions, of 
     1956, chaired by General Omar N. Bradley.
       (F) The Report of the Congressional Commission on 
     Servicemembers and Veterans Transition Assistance, of 1999, 
     chaired by Anthony J. Principi.
       (G) The President's Task Force to Improve Health Care 
     Delivery for Our Nation's Veterans, of March 2003.
       (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) Particular Elements of Policy.--The policy required by 
     this section shall provide, in particular, the following:
       (1) Responsibility for covered servicemembers in medical 
     hold or medical holdover status or on temporary disability 
     retired list.--Mechanisms to ensure responsibility for 
     covered servicemembers in medical hold or medical holdover 
     status or on the temporary disability retired list, including 
     the following:
       (A) Uniform standards for access of covered servicemembers 
     to non-urgent health care services from the Department of 
     Defense or other providers under the TRICARE program, with 
     such access to be--
       (i) for follow-up care, within 2 days of request of care;
       (ii) for specialty care, within 3 days of request of care;
       (iii) for diagnostic referrals and studies, within 5 days 
     of request; and
       (iv) for surgery based on a physician's determination of 
     medical necessity, within 14 days of request.
       (B) Requirements for the assignment of adequate numbers of 
     personnel for the purpose of responsibility for and 
     administration of covered servicemembers in medical hold or 
     medical holdover status or on the temporary disability 
     retired list.
       (C) Requirements for the assignment of adequate numbers of 
     medical personnel and non-medical personnel to roles and 
     responsibilities for caring for and administering covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, and a description 
     of the roles and responsibilities of personnel so assigned.
       (D) Guidelines for the location of care for covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, which guidelines 
     shall address the assignment of such servicemembers to care 
     and residential facilities closest to their duty station or 
     home of record or the location of their designated caregiver 
     at the earliest possible time.
       (E) Criteria for work and duty assignments of covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, including a 
     prohibition on the assignment of duty to a servicemember 
     which is incompatible with the servicemember's medical 
     condition.
       (F) Guidelines for the provision of care and counseling for 
     eligible family members of covered servicemembers in medical 
     hold or medical holdover status or on the temporary 
     disability retired list.
       (G) Requirements for case management of covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, including 
     qualifications for personnel providing such case management.
       (H) Requirements for uniform quality of care and 
     administration for all covered servicemembers in medical hold 
     or medical holdover status or on the temporary disability 
     retired list, whether members of the regular components of 
     the Armed Forces or members of the reserve components of the 
     Armed Forces.
       (I) Standards for the conditions and accessibility of 
     residential facilities for covered servicemembers in medical 
     hold or medical holdover status or on the temporary 
     disability retired list who are in outpatient status, and for 
     their immediate family members.
       (J) Requirements on the provision of transportation and 
     subsistence for covered servicemembers in medical hold or 
     medical holdover status or on the temporary disability 
     retired list, whether in inpatient status or outpatient 
     status, to facilitate obtaining needed medical care and 
     services.
       (K) Requirements on the provision of educational and 
     vocational training and rehabilitation opportunities for 
     covered servicemembers in medical hold or medical holdover 
     status or on the temporary disability retired list.
       (L) Procedures for tracking and informing covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list about medical 
     evaluation board and physical disability evaluation board 
     processing.
       (M) Requirements for integrated case management of covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list during their 
     transition from care and treatment through the Department of 
     Defense to care and treatment through the Department of 
     Veterans Affairs.
       (N) Requirements and standards for advising and training, 
     as appropriate, family members with respect to care for 
     covered servicemembers in medical hold or medical holdover 
     status or on the temporary disability retired list with 
     serious medical conditions, particularly traumatic brain 
     injury (TBI), burns, and post-traumatic stress disorder 
     (PTSD).
       (O) Requirements for periodic reassessments of covered 
     servicemembers, and limits on the length of time such 
     servicemembers may be retained in

[[Page S12654]]

     medical hold or medical holdover status or on the temporary 
     disability retired list.
       (P) Requirements to inform covered servicemembers and their 
     family members of their rights and responsibilities while in 
     medical hold or medical holdover status or on the temporary 
     disability retired list.
       (Q) The requirement to establish a Department of Defense-
     wide Ombudsman Office within the Office of the Secretary of 
     Defense to provide oversight of the ombudsman offices in the 
     military departments and policy guidance to such offices with 
     respect to providing assistance to, and answering questions 
     from, covered servicemembers and their families.
       (2) Medical evaluation and physical disability evaluation 
     for covered servicemembers.--
       (A) Medical evaluations.--Processes, procedures, and 
     standards for medical evaluations of covered servicemembers, 
     including the following:
       (i) Processes for medical evaluations of covered 
     servicemembers that are--

       (I) applicable uniformly throughout the military 
     departments; and
       (II) applicable uniformly with respect to such 
     servicemembers who are members of the regular components of 
     the Armed Forces and such servicemembers who are members of 
     the National Guard and Reserve.

       (ii) Standard criteria and definitions for determining the 
     achievement for covered servicemembers of the maximum medical 
     benefit from treatment and rehabilitation.
       (iii) Standard timelines for each of the following:

       (I) Determinations of fitness for duty of covered 
     servicemembers.
       (II) Specialty consultations for covered servicemembers.
       (III) Preparation of medical documents for covered 
     servicemembers.
       (IV) Appeals by covered servicemembers of medical 
     evaluation determinations, including determinations of 
     fitness for duty.

       (iv) Uniform 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 
     covered servicemembers.
       (v) Standards for the maximum number of medical evaluation 
     cases of covered servicemembers 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.
       (vi) Uniform standards for information for covered 
     servicemembers, and their families, on the medical evaluation 
     board process and the rights and responsibilities of such 
     servicemembers under that process, including a standard 
     handbook on such information.
       (B) Physical disability evaluations.--Processes, 
     procedures, and standards for physical disability evaluations 
     of covered servicemembers, including the following:
       (i) A non-adversarial process of the Department of Defense 
     and the Department of Veterans Affairs for disability 
     determinations of covered servicemembers.
       (ii) To the extent feasible, procedures to eliminate 
     unacceptable discrepancies among disability ratings assigned 
     by the military departments and the Department of Veterans 
     Affairs, particularly in the disability evaluation of covered 
     servicemembers, which procedures shall be subject to the 
     following requirements and limitations:

       (I) Such procedures shall apply uniformly with respect to 
     covered servicemembers who are members of the regular 
     components of the Armed Forces and covered servicemembers 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 covered servicemember.

       (iii) Standard timelines for appeals of determinations of 
     disability of covered servicemembers, including timelines for 
     presentation, consideration, and disposition of appeals.
       (iv) Uniform standards for qualifications and training of 
     physical disability evaluation board personnel in conducting 
     physical disability evaluations of covered servicemembers.
       (v) Standards for the maximum number of physical disability 
     evaluation cases of covered servicemembers 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.
       (vi) Procedures for the provision of legal counsel to 
     covered servicemembers while undergoing evaluation by a 
     physical disability evaluation board.
       (vii) Uniform standards on the roles and responsibilities 
     of case managers, servicemember advocates, and judge 
     advocates assigned to covered servicemembers undergoing 
     evaluation by a physical disability board, and uniform 
     standards on the maximum number of cases involving such 
     servicemembers that are to be assigned to such managers and 
     advocates.
       (C) Return of covered servicemembers to active duty.--
     Standards for determinations by the military departments on 
     the return of covered servicemembers to active duty in the 
     Armed Forces.
       (D) Transition of covered servicemembers from dod to va.--
     Processes, procedures, and standards for the transition of 
     covered servicemembers from care and treatment by the 
     Department of Defense to care and treatment by the Department 
     of Veterans Affairs before, during, and after separation from 
     the Armed Forces, including the following:
       (i) A uniform, patient-focused policy to ensure that the 
     transition occurs without gaps in medical care and the 
     quality of medical care, benefits, and services.
       (ii) Procedures for the identification and tracking of 
     covered servicemembers during the transition, and for the 
     coordination of care and treatment of such servicemembers 
     during the transition, including a system of cooperative case 
     management of such servicemembers by the Department of 
     Defense and the Department of Veterans Affairs during the 
     transition.
       (iii) Procedures for the notification of Department of 
     Veterans Affairs liaison personnel of the commencement by 
     covered servicemembers of the medical evaluation process and 
     the physical disability evaluation process.
       (iv) Procedures and timelines for the enrollment of covered 
     servicemembers in applicable enrollment or application 
     systems of the Department of Veterans with respect to health 
     care, disability, education, vocational rehabilitation, or 
     other benefits.
       (v) Procedures to ensure the access of covered 
     servicemembers during the transition to vocational, 
     educational, and rehabilitation benefits available through 
     the Department of Veterans Affairs.
       (vi) 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.
       (vii) Standards and procedures for integrated medical care 
     and management for covered servicemembers 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 such servicemembers before, during, and after 
     their separation from military service.
       (viii) Standards for the preparation of detailed plans for 
     the transition of covered servicemembers from care and 
     treatment by the Department of Defense to care and treatment 
     by the Department of Veterans Affairs, which plans shall be 
     based on standardized elements with respect to care and 
     treatment requirements and other applicable requirements.
       (E) Other matters.--The following additional matters with 
     respect to covered servicemembers:
       (i) Access by the Department of Veterans Affairs to the 
     military health records of covered servicemembers who are 
     receiving care and treatment, or are anticipating receipt of 
     care and treatment, in Department of Veterans Affairs health 
     care facilities.
       (ii) Requirements for utilizing, in appropriate cases, a 
     single physical examination that meets requirements of both 
     the Department of Defense and the Department of Veterans 
     Affairs for covered servicemembers who are being retired, 
     separated, or released from military service.
       (iii) 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 covered servicemembers, and to facilitate 
     appropriate oversight by supervisory personnel of the 
     provision of such care and services.
       (3) Report on reduction in disability ratings by the 
     Department of Defense.--The Secretary of Defense shall submit 
     a report to the committees on Armed Services of the Senate 
     and House of Representatives on the numbers of instances 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. Such report shall cover the 
     period beginning October 7, 2001 and ending September 30, 
     2006, and shall be submitted to the appropriate committees of 
     Congress by February 1, 2008.
       (e) Reports.--
       (1) Report on policy.--Upon the development of the policy 
     required by this section but not later than January 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 findings and recommendations 
     of the reviews under subsections (b) and (c).
       (2) Reports on update.--Upon updating the policy under 
     subsection (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.
       (f) Comptroller General Assessment of Implementation.--Not 
     later than six months after the date of the enactment of this 
     Act and every year thereafter, 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 this section.

     SEC. 1612. CONSIDERATION OF NEEDS OF WOMEN MEMBERS OF THE 
                   ARMED FORCES AND VETERANS.

       (a) In General.--In developing and implementing the policy 
     required by section 1611, 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 
     specific needs of women members of the Armed Forces and women 
     veterans under such policy or other provision.

[[Page S12655]]

       (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 
     specific needs of women members of the Armed Forces and women 
     veterans.

                        Subtitle B--Health Care

        PART I--ENHANCED AVAILABILITY OF CARE FOR SERVICEMEMBERS

     SEC. 1621. 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 Members and 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, any covered member of the Armed Forces, 
     and any former member of the Armed Forces, with a severe 
     injury or illness is entitled to medical and dental care in 
     any facility of the uniformed services under section 1074(a) 
     of title 10, United States Code, or through any civilian 
     health care provider authorized by the Secretary to provide 
     health and mental health services to members of the uniformed 
     services, including traumatic brain injury (TBI) and post-
     traumatic stress disorder (PTSD), as if such member or former 
     member were a member of the uniformed services described in 
     paragraph (2) of such section who is entitled to medical and 
     dental care under such section.
       (2) Period of authorized care.--(A) Except as provided in 
     subparagraph (B), a member or former member described in 
     paragraph (1) is entitled to care under that paragraph--
       (i) in the case of a member or former member whose severe 
     injury or illness concerned is incurred or aggravated during 
     the period beginning on October 7, 2001, and ending on the 
     date of the enactment of this Act, during the three-year 
     period beginning on the date of the enactment of this Act, 
     except that no compensation is payable by reason of this 
     subsection for any period before the date of the enactment of 
     this Act; or
       (ii) in the case of a member or former member whose severe 
     injury or illness concerned is incurred or aggravated on or 
     after the date of the enactment of this Act, during the 
     three-year period beginning on the date on which such injury 
     or illness is so incurred or aggravated.
       (B) The period of care authorized for a member or former 
     member under this paragraph may be extended by the Secretary 
     concerned for an additional period of up to two years if the 
     Secretary concerned determines that such extension is 
     necessary to assure the maximum feasible recovery and 
     rehabilitation of the member or former member. Any such 
     determination shall be made on a case-by-case basis.
       (3) Integrated care management.--The Secretary of Defense 
     shall provide for a program of integrated care management in 
     the provision of care and services under this subsection, 
     which management shall be provided by appropriate medical and 
     case management personnel of the Department of Defense and 
     the Department of Veterans Affairs (as approved by the 
     Secretary of Veterans Affairs) and with appropriate support 
     from the Department of Defense regional health care support 
     contractors.
       (4) Waiver of limitations to maximize care.--The Secretary 
     of Defense may, in providing medical and dental care to a 
     member or former member under this subsection during the 
     period referred to in paragraph (2), waive any limitation 
     otherwise applicable under chapter 55 of title 10, United 
     States Code, to the provision of such care to the member or 
     former member if the Secretary considers the waiver 
     appropriate to assure the maximum feasible recovery and 
     rehabilitation of the member or former member.
       (5) Construction with eligibility for veterans benefits.--
     Nothing in this subsection shall be construed to reduce, 
     alter, or otherwise affect the eligibility or entitlement of 
     a member or former member of the Armed Forces to any health 
     care, disability, or other benefits to which the member of 
     former member would otherwise be eligible or entitled as a 
     veteran under the laws administered by the Secretary of 
     Veterans Affairs.
       (6) Sunset.--The Secretary of Defense may not provide 
     medical or dental care to a member or 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 member or 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 members 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) Limitations.--The provisions of paragraphs (2) through 
     (6) of subsection (a) shall apply to the provision of 
     benefits under this subsection as if the benefits provided 
     under this subsection were provided under subsection (a).
       (3) Reimbursement.--The Secretary of Defense shall 
     reimburse the Secretary of Veterans Affairs for the cost of 
     any benefits provided under this subsection in accordance 
     with applicable mechanisms for the reimbursement of the 
     Secretary of Veterans Affairs for the provision of medical 
     care to members of the Armed Forces.
       (c) Recovery of Certain Expenses of Medical Care and 
     Related Travel.--
       (1) In general.--Commencing not later than 60 days after 
     the date of the enactment of this Act, the Secretary of the 
     military department concerned may reimburse covered members 
     of the Armed Forces, and former members of the Armed Forces, 
     with a severe injury or illness for covered expenses incurred 
     by such members or former members, or their family members, 
     in connection with the receipt by such members or former 
     members of medical care that is required for such injury or 
     illness.
       (2) Covered expenses.--Expenses for which reimbursement may 
     be made under paragraph (1) include the following:
       (A) Expenses for health care services for which coverage 
     would be provided under section 1074(c) of title 10, United 
     States Code, for members of the uniformed services on active 
     duty.
       (B) Expenses of travel of a non-medical attendant who 
     accompanies a member or former member of the Armed Forces for 
     required medical care that is not available to such member or 
     former member locally, if such attendant is appointed for 
     that purpose by a competent medical authority (as determined 
     under regulations prescribed by the Secretary of Defense for 
     purposes of this subsection).
       (C) Such other expenses for medical care as the Secretary 
     may prescribe for purposes of this subsection.
       (3) Amount of reimbursement.--The amount of reimbursement 
     under paragraph (1) for expenses covered by paragraph (2) 
     shall be determined in accordance with regulations prescribed 
     by the Secretary of Defense for purposes of this subsection.
       (d) Severe Injury or Illness Defined.--In this section, the 
     term ``severe injury or illness'' means any serious injury or 
     illness that is assigned a disability rating of 30 percent or 
     higher under the schedule for rating disabilities in use by 
     the Department of Defense.

     SEC. 1622. REIMBURSEMENT OF CERTAIN FORMER MEMBERS OF THE 
                   UNIFORMED SERVICES WITH SERVICE-CONNECTED 
                   DISABILITIES FOR TRAVEL FOR FOLLOW-ON SPECIALTY 
                   CARE AND RELATED SERVICES.

       (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) Follow-on Specialty Care and Related Services.--In 
     any case in which a former member of a uniformed service who 
     incurred a disability while on active duty in a combat zone 
     or during performance of duty in combat related operations 
     (as designated by the Secretary of Defense), and is entitled 
     to retired or retainer pay, or equivalent pay, requires 
     follow-on specialty care, services, or supplies related to 
     such disability at a specific military treatment facility 
     more than 100 miles from the location in which the former 
     member resides, the Secretary shall provide reimbursement for 
     reasonable travel expenses comparable to those provided under 
     subsection (a) for the former member, and when accompaniment 
     by an adult is determined by competent medical authority to 
     be necessary, for a spouse, parent, or guardian of the former 
     member, or another member of the former member's family who 
     is at least 21 years of age.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect January 1, 2008, and shall apply with 
     respect to travel that occurs on or after that date.

               PART II--CARE AND SERVICES FOR DEPENDENTS

     SEC. 1626. MEDICAL CARE AND SERVICES AND SUPPORT SERVICES FOR 
                   FAMILIES OF MEMBERS OF THE ARMED FORCES 
                   RECOVERING FROM SERIOUS INJURIES OR ILLNESSES.

       (a) Medical Care.--
       (1) In general.--A family member of a covered member of the 
     Armed Forces who is not otherwise eligible for medical care 
     at a military medical treatment facility or at medical 
     facilities of the Department of Veterans Affairs shall 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 covered 
     member of the Armed Forces;
       (B) a non-medical attendee caring for the covered member of 
     the Armed Forces; or
       (C) receiving per diem payments from the Department of 
     Defense while caring for the covered member of the Armed 
     Forces.
       (2) Specification of family members.--Notwithstanding 
     section 1602(3), the Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly prescribe in regulations 
     the family members of covered members of the Armed Forces who 
     shall be considered to be a family member of a covered member 
     of the Armed Forces for purposes of paragraph (1).
       (3) Specification of care.--(A) The Secretary of Defense 
     shall prescribe in regulations the medical care and 
     counseling that shall be available to family members under 
     paragraph (1) at military medical treatment facilities.
       (B) The Secretary of Veterans Affairs shall prescribe in 
     regulations the medical care and counseling that shall be 
     available to family members under paragraph (1) at medical 
     facilities of the Department of Veterans Affairs.
       (4) Recovery of costs.--The United States may recover the 
     costs of the provision of medical care and counseling under 
     paragraph (1) 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 and counseling was provided under the 
     authority of section 1784 of title 38, United States Code.

[[Page S12656]]

       (b) Job Placement Services.--A family member who is on 
     invitational orders or is a non-medical attendee while caring 
     for a covered member of the Armed Forces for more than 45 
     days during a one-year period shall be eligible for job 
     placement services otherwise offered by the Department of 
     Defense.
       (c) Report on Need for Additional Services.--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 setting forth the assessment of 
     the Secretary of the need for additional employment services, 
     and of the need for employment protection, of family members 
     described in subsection (b) who are placed on leave from 
     employment or otherwise displaced from employment while 
     caring for a covered member of the Armed Forces as described 
     in that subsection.

     SEC. 1627. EXTENDED BENEFITS UNDER TRICARE FOR PRIMARY 
                   CAREGIVERS OF MEMBERS OF THE UNIFORMED SERVICES 
                   WHO INCUR A SERIOUS INJURY OR ILLNESS ON ACTIVE 
                   DUTY.

       (a) In General.--Section 1079(d) of title 10, United States 
     Code, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) Subject to such terms, conditions, and exceptions 
     as the Secretary of Defense considers appropriate, the 
     program of extended benefits for eligible dependents under 
     this subsection shall include extended benefits for the 
     primary caregivers of members of the uniformed services who 
     incur a serious injury or illness on active duty.
       ``(B) The Secretary of Defense shall prescribe in 
     regulations the individuals who shall be treated as the 
     primary caregivers of a member of the uniformed services for 
     purposes of this paragraph.
       ``(C) For purposes of this section, a serious injury or 
     illness, with respect to a member of the uniformed services, 
     is an injury or illness that may render the member medically 
     unfit to perform the duties of the member's office, grade, 
     rank, or rating, and that renders a member of the uniformed 
     services dependent upon a caregiver.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on January 1, 2008.

  PART III--TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER

     SEC. 1631. COMPREHENSIVE PLANS ON PREVENTION, DIAGNOSIS, 
                   MITIGATION, AND TREATMENT OF TRAUMATIC BRAIN 
                   INJURY AND POST-TRAUMATIC STRESS DISORDER IN 
                   MEMBERS OF THE ARMED FORCES.

       (a) Plans 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 one or more 
     comprehensive plans for programs and activities of the 
     Department of Defense to prevent, diagnose, mitigate, treat, 
     and otherwise respond to traumatic brain injury (TBI) and 
     post-traumatic stress disorder (PTSD) in members of the Armed 
     Forces.
       (b) Elements.--Each plan submitted under subsection (a) 
     shall include comprehensive proposals of the Department on 
     the following:
       (1) 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) The improvement of personnel protective equipment for 
     members of the Armed Forces in order to prevent traumatic 
     brain injury.
       (3) The improvement of methods and mechanisms for the 
     detection and treatment of traumatic brain injury and post-
     traumatic stress disorder in members of the Armed Forces in 
     the field.
       (4) The requirements for research on traumatic brain injury 
     and post-traumatic stress disorder, including (in particular) 
     research on pharmacological approaches to treatment for 
     traumatic brain injury or post-traumatic stress disorder, as 
     applicable, and the allocation of priorities among such 
     research.
       (5) The development, adoption, and deployment of diagnostic 
     criteria for the detection and evaluation of the range of 
     traumatic brain injury and post-traumatic stress disorder 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) The development and deployment of effective means of 
     assessing traumatic brain injury and post-traumatic stress 
     disorder 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, 
     as required by the amendments made by section 222.
       (7) The development and deployment of effective means of 
     managing and monitoring members of the Armed Forces with 
     traumatic brain injury or post-traumatic stress disorder in 
     the receipt of care for traumatic brain injury or post-
     traumatic stress disorder, as applicable, including the 
     monitoring and assessment of treatment and outcomes.
       (8) 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 mental health treatment.
       (9) The provision of education and outreach to families of 
     members of the Armed Forces with traumatic brain injury or 
     post-traumatic stress disorder on a range of matters relating 
     to traumatic brain injury or post-traumatic stress disorder, 
     as applicable, including detection, mitigation, and 
     treatment.
       (10) The assessment of the current capabilities of the 
     Department for the prevention, diagnosis, mitigation, 
     treatment, and rehabilitation of traumatic brain injury and 
     post-traumatic stress disorder in members of the Armed 
     Forces.
       (11) The identification of gaps in current capabilities of 
     the Department for the prevention, diagnosis, mitigation, 
     treatment, and rehabilitation of traumatic brain injury and 
     post-traumatic stress disorder in members of the Armed 
     Forces.
       (12) The identification of the resources required for the 
     Department in fiscal years 2009 thru 2013 to address the gaps 
     in capabilities identified under paragraph (11).
       (13) The development of 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 traumatic brain injury and 
     post-traumatic stress disorder in members of the Armed 
     Forces, including planning for the seamless transition of 
     such members from care through the Department of Defense care 
     through the Department of Veterans Affairs.
       (14) A requirement that exposure to a blast or blasts be 
     recorded in the records of members of the Armed Forces.
       (15) 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.
       (16) A program 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--
       (A) is enrolled in the program; and
       (B) receives, under the program, treatment and 
     rehabilitation meeting a standard of care such that each 
     individual who is a member of the Armed Forces who qualifies 
     for care under the program shall--
       (i) be provided the highest quality of care possible based 
     on the medical judgment of qualified medical professionals in 
     facilities that most appropriately meet the specific needs of 
     the individual; and
       (ii) be rehabilitated to the fullest extent possible using 
     the most up-to-date medical technology, medical 
     rehabilitation practices, and medical expertise available.
       (17) A requirement that if a member of the Armed Forces 
     participating in a program established in accordance with 
     paragraph (16) believes that care provided to such 
     participant does not meet the standard of care specified in 
     subparagraph (B) of such paragraph, the Secretary of Defense 
     shall, upon request of the participant, provide to such 
     participant a referral to another Department of Defense or 
     Department of Veterans Affairs provider of medical or 
     rehabilitative care for a second opinion regarding the care 
     that would meet the standard of care specified in such 
     subparagraph.
       (18) The provision of information by the Secretary of 
     Defense to members of the Armed Forces with traumatic brain 
     injury or post-traumatic stress disorder and their families 
     about their rights with respect to the following:
       (A) The receipt of medical and mental health care from the 
     Department of Defense and the Department of Veterans Affairs.
       (B) The options available to such members for treatment of 
     traumatic brain injury and post-traumatic stress disorder.
       (C) The options available to such members for 
     rehabilitation.
       (D) The options available to such members for a referral to 
     a public or private provider of medical or rehabilitative 
     care.
       (E) The right to administrative review of any decision with 
     respect to the provision of care by the Department of Defense 
     for such members.
       (c) Coordination in Development.--Each plan submitted under 
     subsection (a) 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)).
       (d) Additional Activities.--In carrying out programs and 
     activities for the prevention, diagnosis, mitigation, and 
     treatment of traumatic brain injury and post-traumatic stress 
     disorder in members of the Armed Forces, the Secretary of 
     Defense shall--
       (1) examine the results of the recently completed Phase 2 
     study, funded by the National Institutes of Health, on the 
     use of progesterone for acute traumatic brain injury;
       (2) determine if Department of Defense funding for a Phase 
     3 clinical trial on the use of progesterone for acute 
     traumatic brain injury, or for further research regarding the 
     use of progesterone or its metabolites for treatment of 
     traumatic brain injury, is warranted; and
       (3) provide for the collaboration of the Department of 
     Defense, as appropriate, in clinical trials and research on 
     pharmacological approaches to treatment for traumatic brain 
     injury and post-traumatic stress disorder that is conducted 
     by other departments and agencies of the Federal Government.

     SEC. 1632. 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:

[[Page S12657]]

       ``(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.
       (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 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 mechanism for implementing any mechanism 
     evaluated under such a pilot project that is selected for 
     incorporation in the protocol.
       (D) There is hereby authorized to be appropriated to the 
     Department of Defense, $3,000,000 for the pilot projects 
     authorized by this paragraph. Of the amount so authorized to 
     be appropriated, not more than $1,000,000 shall be available 
     for any particular pilot project.
       (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. 1633. CENTERS OF EXCELLENCE IN THE PREVENTION, 
                   DIAGNOSIS, MITIGATION, TREATMENT, AND 
                   REHABILITATION OF TRAUMATIC BRAIN INJURY AND 
                   POST-TRAUMATIC STRESS DISORDER.

       (a) Center of Excellence on Traumatic Brain Injury.--
     Chapter 55 of title 10, United States Code, is amended by 
     inserting after section 1105 the following new section:

     ``Sec. 1105a. Center of Excellence in 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 (TBI), including 
     mild, moderate, and severe traumatic brain injury, to carry 
     out the responsibilities specified in subsection (c). The 
     center shall be known as a `Center of Excellence in 
     Prevention, Diagnosis, Mitigation, Treatment, and 
     Rehabilitation of Traumatic Brain Injury'.
       ``(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 direct and oversee, based on expert research, the 
     development and implementation of a long-term, comprehensive 
     plan and strategy for the Department of Defense for the 
     prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of 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 outreach strategies and treatments 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 unique mental health needs 
     of women members of the armed forces with traumatic brain 
     injury and develop treatments to meet any needs identified 
     through such research.
       ``(10) To conduct research on the unique mental health 
     needs of ethnic minority members of the armed forces with 
     traumatic brain injury and develop treatments to meet any 
     needs identified through such research.
       ``(11) To conduct research on the mental health needs of 
     families of members of the armed forces with traumatic brain 
     injury and develop treatments to meet any needs identified 
     through such research.
       ``(12) 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 in such members, 
     which studies should be conducted 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.
       ``(13) 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.
       ``(14) 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.
       ``(15) Such other responsibilities as the Secretary shall 
     specify.''.
       (b) Center of Excellence on Post-Traumatic Stress 
     Disorder.--Chapter 55 of such title is further amended by 
     inserting after section 1105a, as added by subsection (a), 
     the following new section:

     ``Sec. 1105b. Center of Excellence in Prevention, Diagnosis, 
       Mitigation, Treatment, and Rehabilitation of Post-Traumatic 
       Stress Disorder

       ``(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), 
     including mild, moderate, and severe post-traumatic stress 
     disorder, to carry out the responsibilities specified in 
     subsection (c). The center shall be known as a `Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Post-Traumatic Stress Disorder'.
       ``(b) Partnerships.--The Secretary shall ensure that the 
     Center collaborates to the maximum extent practicable with 
     the National Center for 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 direct and oversee, based on expert research, the 
     development and implementation of a long-term, comprehensive 
     plan and strategy for the Department of Defense for the 
     prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of post-traumatic stress disorder.
       ``(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.
       ``(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.
       ``(5) To facilitate advancements in the study of the short-
     term and long-term psychological effects of post-traumatic 
     stress disorder.
       ``(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.
       ``(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 outreach strategies and treatments for 
     families of members of the armed forces with post-traumatic 
     stress disorder in order to mitigate the negative impacts of 
     traumatic brain injury on such family members and to support 
     the recovery of such members from post-traumatic stress 
     disorder.
       ``(9) To conduct research on the unique mental health needs 
     of women members of the armed forces, including victims of 
     sexual assault, with post-traumatic stress disorder and 
     develop treatments to meet any needs identified through such 
     research.

[[Page S12658]]

       ``(10) To conduct research on the unique mental health 
     needs of ethnic minority members of the armed forces with 
     post-traumatic stress disorder and develop treatments to meet 
     any needs identified through such research.
       ``(11) To conduct research on the mental health needs of 
     families of members of the armed forces with post-traumatic 
     stress disorder and develop treatments to meet any needs 
     identified through such research.
       ``(12) 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 until their 
     transition to care and treatment from the Department of 
     Veterans Affairs.
       ``(13) 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.
       ``(14) Such other responsibilities as the Secretary shall 
     specify.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by inserting 
     after the item relating to section 1105 the following new 
     items:

``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, 
              Treatment, and Rehabilitation of Traumatic Brain Injury.
``1105b. Center of Excellence in Prevention, Diagnosis, Mitigation, 
              Treatment, and Rehabilitation of Post-Traumatic Stress 
              Disorder.''.Q
       (d) Report on Establishment.--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 the 
     establishment of the Center of Excellence in Prevention, 
     Diagnosis, Mitigation, Treatment, and Rehabilitation of 
     Traumatic Brain Injury required by section 1105a of title 10, 
     United States Code (as added by subsection (a)), and the 
     establishment of the Center of Excellence in Prevention, 
     Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-
     Traumatic Stress Disorder required by section 1105b of title 
     10, United States Code (as added by subsection (b)). 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.
       (e) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated for fiscal year 2008 for the 
     Department of Defense for Defense Health Program, 
     $10,000,000, of which--
       (1) $5,000,000 shall be available for the Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Traumatic Brain Injury required by 
     section 1105a of title 10, United States Code; and
       (2) $5,000,000 shall be available for the Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Post-Traumatic Stress Disorder required 
     by section 1105b of title 10, United States Code.

     SEC. 1634. REVIEW OF MENTAL HEALTH SERVICES AND TREATMENT FOR 
                   FEMALE MEMBERS OF THE ARMED FORCES AND 
                   VETERANS.

       (a) Comprehensive Review.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly conduct a 
     comprehensive review of--
       (1) the need for mental health treatment and services for 
     female members of the Armed Forces and veterans; and
       (2) the efficacy and adequacy of existing mental health 
     treatment programs and services for female members of the 
     Armed Forces and veterans.
       (b) Elements.--The review required by subsection (a) shall 
     include, but not be limited to, an assessment of the 
     following:
       (1) The need for mental health outreach, prevention, and 
     treatment services specifically for female members of the 
     Armed Forces and veterans.
       (2) The access to and efficacy of existing mental health 
     outreach, prevention, and treatment services and programs 
     (including substance abuse programs) for female veterans who 
     served in a combat zone.
       (3) The access to and efficacy of services and treatment 
     for female members of the Armed Forces and veterans who 
     experience post-traumatic stress disorder (PTSD).
       (4) The availability of services and treatment for female 
     members of the Armed Forces and veterans who experienced 
     sexual assault or abuse.
       (5) The access to and need for treatment facilities 
     focusing on the mental health care needs of female members of 
     the Armed Forces and veterans.
       (6) The need for further clinical research on the unique 
     needs of female veterans 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 and the 
     Secretary of Veterans Affairs shall jointly submit to the 
     appropriate committees of Congress a report on the review 
     required by subsection (a).
       (d) Policy Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     and the Secretary of Veterans Affairs shall jointly develop a 
     comprehensive policy to address the treatment and care needs 
     of female members of the Armed Forces and veterans who 
     experience mental health problems and conditions, including 
     post-traumatic stress disorder. The policy shall take into 
     account and reflect the results of the review required by 
     subsection (a).

     SEC. 1635. FUNDING FOR IMPROVED DIAGNOSIS, TREATMENT, AND 
                   REHABILITATION OF MEMBERS OF THE ARMED FORCES 
                   WITH TRAUMATIC BRAIN INJURY OR POST-TRAUMATIC 
                   STRESS DISORDER.

       (a) Authorization of Appropriations.--
       (1) In general.--Funds are hereby authorized to be 
     appropriated for fiscal year 2008 for the Department of 
     Defense for Defense Health Program in the amount of 
     $50,000,000, with such amount to be available for 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).
       (2) Availability of amount.--Of the amount authorized to be 
     appropriated by paragraph (1), $17,000,000 shall be available 
     for the Defense and Veterans Brain Injury Center of the 
     Department of Defense.
       (b) Supplement Not Supplant.--The amount authorized to be 
     appropriated by subsection (a) for Defense Health Program is 
     in addition to any other amounts authorized to be 
     appropriated by this Act for Defense Health Program.

     SEC. 1636. 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 arising from the amendments made by 
     section 738 of the John Warner National Defense Authorization 
     Act for Fiscal Year 2007 (120 Stat. 2303), relating to 
     enhanced mental health screening and services for members of 
     the Armed Forces.
       (3) 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 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.

                         PART IV--OTHER MATTERS

     SEC. 1641. JOINT ELECTRONIC HEALTH RECORD 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 a joint electronic health record 
     for use by 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 for a Joint Electronic Health 
     Record.--
       (1) In general.--There is hereby established a joint 
     element of the Department of Defense and the Department of 
     Veterans Affairs to be known as the ``Department of Defense-
     Department of

[[Page S12659]]

     Veterans Affairs Interagency Program Office for a Joint 
     Electronic Health Record'' (in this section referred to as 
     the ``Office'').
       (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, test, and implementation of a joint 
     electronic health record for use by the Department of Defense 
     and the Department of Veterans Affairs.
       (B) To accelerate the exchange of health care information 
     between 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 Department of Defense-
     Department of Veterans Affairs Interagency Program Office for 
     a Joint Electronic Health Record shall be the head of the 
     Office.
       (2) Deputy director.--The Deputy Director of the Department 
     of Defense-Department of Veterans Affairs Interagency Program 
     Office for a Joint Electronic Health Record 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 employees of the 
     Department of Defense and the Department of Veterans Affairs 
     in the Senior Executive Service who are qualified to direct 
     the development and acquisition 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 
     and acquisition 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 
     develop and prepare for deployment, by not later than 
     September 30, 2010, a joint electronic health record to be 
     utilized by both the Department of Defense and the Department 
     of Veterans Affairs in the provision of medical care and 
     treatment to members of the Armed Forces and veterans, which 
     health record 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 the joint electronic health record 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 development and deployment of the 
     joint electronic health record.
       (4) A schedule and associated deadlines and requirements 
     for the deployment of the joint electronic health record.
       (5) Proposed funding for the Office for each of fiscal 
     years 2009 through 2013 for the discharge of its function.
       (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 
     feasability and advisability of various technological 
     approaches to the achievement of the joint electronic health 
     record described in subsection (d).
       (2) Treatment as single health care system.--For purposes 
     of each pilot project carried out under this subsection, the 
     health care system of the Department of Defense and the 
     health care system of the Department of Veterans Affairs 
     shall be treated as a single health care system 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).
       (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 
     development and implementation of the joint electronic health 
     record 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 the joint electronic health record 
     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 developing 
     and implementing the joint electronic health record.
       (j) Funding.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall each contribute equally to the 
     costs of the Office in fiscal year 2008 and fiscal years 
     thereafter. The amount so contributed by each Secretary in 
     fiscal year 2008 shall be up to $10,000,000.
       (2) Source of funds.--(A) Amounts contributed by the 
     Secretary of Defense under paragraph (1) shall be derived 
     from amounts authorized to be appropriated for the Department 
     of Defense for the Defense Health Program and available for 
     program management and technology resources.
       (B) Amounts contributed by the Secretary of Veterans 
     Affairs under paragraph (1) shall be derived from amounts 
     authorized to be appropriated for the Department of Veterans 
     Affairs for Medical Care and available for program management 
     and technology resources.
       (k) Joint Electronic Health Record Defined.--In this 
     section, the term ``joint electronic health record'' means a 
     single system that includes patient information across the 
     continuum of medical care, including inpatient care, 
     outpatient care, pharmacy care, patient safety, and 
     rehabilitative care.

     SEC. 1642. 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, in 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.''.
       (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

[[Page S12660]]

     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. 1643. PERSONNEL SHORTAGES IN THE MENTAL HEALTH WORKFORCE 
                   OF THE DEPARTMENT OF DEFENSE, INCLUDING 
                   PERSONNEL IN THE MENTAL HEALTH WORKFORCE.

       (a) Recommendations on Means of Addressing Shortages.--
       (1) Report.--Not later than 45 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 setting forth the 
     recommendations of the Secretary for such legislative or 
     administrative actions as the Secretary considers appropriate 
     to address shortages in health care professionals within the 
     Department of Defense, including personnel in the mental 
     health workforce.
       (2) Elements.--The report required by paragraph (1) shall 
     address the following:
       (A) Enhancements or improvements of financial incentives 
     for health care professionals, including personnel in the 
     mental health workforce, of the Department of Defense in 
     order to enhance the recruitment and retention of such 
     personnel, including recruitment, accession, or retention 
     bonuses and scholarship, tuition, and other financial 
     assistance.
       (B) Modifications of service obligations of health care 
     professionals, including personnel in the mental health 
     workforce.
       (C) Such other matters as the Secretary considers 
     appropriate.
       (b) Recruitment.--Commencing not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall implement programs to recruit qualified 
     individuals in health care fields (including mental health) 
     to serve in the Armed Forces as health care and mental health 
     personnel of the Armed Forces.

                     Subtitle C--Disability Matters

                     PART I--DISABILITY EVALUATIONS

     SEC. 1651. 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. 1652. 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. 1653. 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 adding 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 Board 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 its own motion, or upon the request 
     of a covered individual, or a surviving spouse, next of kin, 
     or legal representative of a covered individual, the Board 
     shall review the findings and decisions of the Physical 
     Evaluation Board with respect to such covered individual.
       ``(2) The review by the Board under paragraph (1) shall be 
     based on the records of the armed force concerned and such 
     other evidence as may be presented to the Board. A witness 
     may present evidence to the Board by affidavit or by any 
     other means considered acceptable by the Secretary of 
     Defense.
       ``(d) Authorized Recommendations.--The Board 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 
     Board 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 Board 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. 1654. PILOT PROGRAMS ON REVISED AND IMPROVED DISABILITY 
                   EVALUATION SYSTEM FOR MEMBERS OF THE ARMED 
                   FORCES.

       (a) Pilot Programs.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, carry 
     out pilot programs with respect to the disability evaluation 
     system of the Department of Defense for the purpose set forth 
     in subsection (d).
       (2) Required pilot programs.--In carrying out this section, 
     the Secretary of Defense shall carry out the pilot programs 
     described in paragraphs (1) through (3) of subsection (c). 
     Each such pilot program shall be implemented not later than 
     90 days after the date of the enactment of this Act.
       (3) Authorized pilot programs.--In carrying out this 
     section, the Secretary of Defense

[[Page S12661]]

     may carry out such other pilot programs as the Secretary of 
     Defense, in consultation with the Secretary of Veterans 
     Affairs, considers appropriate.
       (b) Disability Evaluation System of the Department of 
     Defense.--For purposes of this section, the disability 
     evaluation system of the Department of Defense is the system 
     of the Department 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.
       (c) Scope of Pilot Programs.--
       (1) Disability determinations by dod utilizing va assigned 
     disability rating.--Under one of the pilot programs under 
     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 shall--
       (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 
     shall 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 
     under 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 shall, 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, the Secretary of Defense shall 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.--Under any pilot program carried 
     out by the Secretary of Defense under subsection (a)(3), the 
     Secretary shall provide for the development, evaluation, and 
     identification of such practices and procedures under the 
     disability evaluation system of the Department of Defense as 
     the Secretary considers appropriate for purpose set forth in 
     subsection (d).
       (d) Purpose.--The purpose of each pilot program under 
     subsection (a) shall be--
       (1) to provide for the development, evaluation, and 
     identification of revised and improved practices and 
     procedures under the disability evaluation system of the 
     Department of Defense 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; and
       (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).
       (e) Utilization of Results in Updates of Comprehensive 
     Policy on Care, Management, and Transition of Covered 
     Servicemembers.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly incorporate responses to 
     any findings and recommendations arising under the pilot 
     programs required by subsection (a) in updating the 
     comprehensive policy on the care and management of covered 
     servicemembers under section 1611.
       (f) 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 (h)(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 
     1652 of this Act.
       (g) Duration.--Each pilot program under subsection (a) 
     shall be completed not later than one year after the date of 
     the commencement of such pilot program under that subsection.
       (h) 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 
     the pilot programs under subsection (a). The report shall 
     include--
       (A) a description of the scope and objectives of each pilot 
     program;
       (B) a description of the methodology to be used under such 
     pilot program to ensure rapid identification under such pilot 
     program of revised or improved practices under the disability 
     evaluation system of the Department of Defense in order to 
     achieve the objectives set forth in subsection (d)(1); and
       (C) a statement of any provision described in subsection 
     (f)(1)(B) that shall not apply to the pilot program by reason 
     of a waiver under that subsection.
       (2) Interim report.--Not later than 150 days after the date 
     of the submittal of the report required by paragraph (1), the 
     Secretary shall submit to the appropriate committees of 
     Congress a report describing the current status of such pilot 
     program.
       (3) Final report.--Not later than 90 days after the 
     completion of all the pilot programs described in paragraphs 
     (1) through (3) of subsection (c), the Secretary shall submit 
     to the appropriate committees of Congress a report setting 
     forth a final evaluation and assessment of such 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. 1655. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO 
                   DEFICIENCIES IN THE ARMY PHYSICAL DISABILITY 
                   EVALUATION SYSTEM.

       (a) Reports Required.--Not later than 30 days after the 
     date of the enactment of this Act, and every 120 days 
     thereafter until March 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 servicemembers, pending resolution 
     before the Medical and Physical Disability Evaluation

[[Page S12662]]

     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.

                   PART II--OTHER DISABILITY MATTERS

     SEC. 1661. 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. 1662. ELECTRONIC TRANSFER FROM THE DEPARTMENT OF DEFENSE 
                   TO THE DEPARTMENT OF VETERANS AFFAIRS OF 
                   DOCUMENTS SUPPORTING ELIGIBILITY FOR BENEFITS.

       The Secretary of Defense and the Secretary of Veterans 
     Affairs shall jointly develop and implement a mechanism to 
     provide for the electronic transfer from the Department of 
     Defense to the Department of Veterans Affairs of any 
     Department of Defense documents (including Department of 
     Defense form DD-214) necessary to establish or support the 
     eligibility of a member of the Armed Forces for benefits 
     under the laws administered by the Secretary of Veterans 
     Affairs at the time of the retirement, separation, or release 
     of the member from the Armed Forces.

     SEC. 1663. ASSESSMENTS OF TEMPORARY DISABILITY RETIRED LIST.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense and the Comptroller 
     General of the United States shall each submit to the 
     congressional defense committees a report assessing the 
     continuing utility of the temporary disability retired list 
     in satisfying the purposes for which the temporary disability 
     retired list was established. Each report shall include such 
     recommendations for the modification or improvement of the 
     temporary disability retired list as the Secretary or the 
     Comptroller General, as applicable, considers appropriate in 
     light of the assessment in such report.

         Subtitle D--Improvement of Facilities Housing Patients

     SEC. 1671. STANDARDS FOR MILITARY MEDICAL TREATMENT 
                   FACILITIES, SPECIALTY MEDICAL CARE FACILITIES, 
                   AND MILITARY QUARTERS HOUSING PATIENTS.

       (a) Establishment of Standards.--The Secretary of Defense 
     shall establish for the military facilities referred to in 
     subsection (b) standards with respect to the matters set 
     forth in subsection (c). The standards shall, to the maximum 
     extent practicable--
       (1) be uniform and consistent across such facilities; and
       (2) be uniform and consistent across the Department of 
     Defense and the military departments.
       (b) Covered Military Facilities.--The military facilities 
     referred to in this subsection are the military facilities of 
     the Department of Defense and the military departments as 
     follows:
       (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 with Federal Government standards for 
     hospital facilities and operations.
       (E) 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.).
       (F) 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.--
       (1) In general.--Not later than December 30, 2007, the 
     Secretary shall submit to the congressional defense 
     committees a report on the actions taken to carry out this 
     section.
       (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 (a), 
     including--
       (i) an assessment of the compliance of such 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).

     SEC. 1672. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO 
                   DEFICIENCIES IDENTIFIED AT WALTER REED ARMY 
                   MEDICAL CENTER.

       (a) Reports Required.--Not later than 30 days after the 
     date of the enactment of this Act, and every 120 days 
     thereafter until March 1, 2009, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the implementation of the action plan of the Army to 
     correct deficiencies identified in the condition of 
     facilities, and in the administration of outpatients in 
     medical hold or medical holdover status, at Walter Reed Army 
     Medical Center (WRAMC) and at other applicable Army 
     installations at which covered members of the Armed Forces 
     are assigned.
       (b) Elements of Report.--Each report under subsection (a) 
     shall include current information on the following:
       (1) The number of inpatients at Walter Reed Army Medical 
     Center, and the number of outpatients on medical hold or in a 
     medical holdover status at Walter Reed Army Medical Center, 
     as a result of serious injuries or illnesses.
       (2) A description of the lodging facilities and other forms 
     of housing at Walter Reed Army Medical Center, and at each 
     other Army facility, to which are assigned personnel in 
     medical hold or medical holdover status as a result of 
     serious injuries or illnesses, including--
       (A) an assessment of the conditions of such facilities and 
     housing; and
       (B) a description of any plans to correct inadequacies in 
     such conditions.
       (3) The status, estimated completion date, and estimated 
     cost of any proposed or ongoing actions to correct any 
     inadequacies in conditions as described under paragraph (2).
       (4) The number of case managers, platoon sergeants, patient 
     advocates, and physical evaluation board liaison officers 
     stationed at Walter Reed Army Medical Center, and at each 
     other Army facility, to which are assigned personnel in 
     medical hold or medical holdover status as a result of 
     serious injuries or illnesses, and the ratio of case workers 
     and platoon sergeants to outpatients for whom they are 
     responsible at each such facility.
       (5) The number of telephone calls received during the 
     preceding 60 days on the Wounded

[[Page S12663]]

     Soldier and Family hotline (as established on March 19, 
     2007), a summary of the complaints or communications received 
     through such calls, and a description of the actions taken in 
     response to such calls.
       (6) A summary of the activities, findings, and 
     recommendations of the Army tiger team of medical and 
     installation professionals who visited the major medical 
     treatment facilities and community-based health care 
     organizations of the Army pursuant to March 2007 orders, and 
     a description of the status of corrective actions being taken 
     with to address deficiencies noted by that team.
       (7) The status of the ombudsman programs at Walter Reed 
     Army Medical Center and at other major Army installations to 
     which are assigned personnel in medical hold or medical 
     holdover status as a result of serious injuries or illnesses.
       (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. 1673. CONSTRUCTION OF FACILITIES REQUIRED FOR THE 
                   CLOSURE OF WALTER REED ARMY MEDICAL CENTER, 
                   DISTRICT OF COLUMBIA.

       (a) Assessment of Acceleration of Construction of 
     Facilities.--The Secretary of Defense shall carry out an 
     assessment of the feasibility (including the cost-
     effectiveness) of accelerating the construction and 
     completion of any new facilities required to facilitate the 
     closure of Walter Reed Army Medical Center, District of 
     Columbia, as 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).
       (b) Development and Implementation of Plan for Construction 
     of Facilities.--
       (1) In general.--The Secretary shall develop and carry out 
     a plan for the construction and completion of any new 
     facilities required to facilitate the closure of Walter Reed 
     Army Medical Center as required as described in subsection 
     (a). If the Secretary determines as a result of the 
     assessment under subsection (a) that accelerating the 
     construction and completion of such facilities is feasible, 
     the plan shall provide for the accelerated construction and 
     completion of such facilities in a manner consistent with 
     that determination.
       (2) Submittal of plan.--The Secretary shall submit to the 
     congressional defense committees the plan required by 
     paragraph (1) not later than September 30, 2007.
       (c) Certifications.--Not later than September 30, 2007, the 
     Secretary 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 
     military medical centers in the National Capitol Region in 
     terms of total bed capacity or staffed bed capacity.
       (3) That the capacity and types of medical hold and out-
     patient lodging facilities currently operating at Walter Reed 
     Army Medical Center will be available at the facilities to 
     replace Walter Reed Army Medical Center by the date of the 
     closure of Walter Reed Army Medical Center.
       (4) That adequate funds have been provided to complete 
     fully all facilities identified in the Base Realignment and 
     Closure Business Plan for Walter Reed Army Medical Center 
     submitted to the congressional defense committees as part of 
     the budget justification materials submitted to Congress 
     together with the budget of the President for fiscal year 
     2008 as contemplated in that business plan.
       (d) Environmental Laws.--Nothing in this section shall 
     require the Secretary or any designated representative to 
     waive or ignore responsibilities and actions required by the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) or the regulations implementing such Act.

        Subtitle E--Outreach and Related Information on Benefits

     SEC. 1681. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON 
                   COMPENSATION AND BENEFITS AVAILABLE FOR SERIOUS 
                   INJURIES AND ILLNESSES.

       (a) Information on Available Compensation and Benefits.--
     The Secretary of Defense shall, in consultation with the 
     Secretary of Veterans Affairs, the Secretary of Health and 
     Human Services, and the Commissioner of Social Security, 
     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 member's 
     separation or retirement 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 of Defense 
     considers appropriate.
       (b) 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.
       (c) 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 that subsection.
       (d) 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 F--Other Matters

     SEC. 1691. 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 180 
     days 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 (TBI) 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 (PTSD) 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 particular needs and concerns of 
     female members of the Armed Forces and female 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 needs and concerns of 
     minority members of the Armed Forces and minority veterans;
       (H) 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;
       (I) 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;
       (J) an assessment of the impacts of increasing numbers of 
     older and married members of the Armed Forces on readjustment 
     requirements;
       (K) 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
       (L) 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.

[[Page S12664]]

       (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 and the Secretary of Veterans 
     Affairs a report on such phase of the study.
       (g) DoD and VA Response to NAS Reports.--
       (1) Preliminary response.--Not later than 45 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 jointly develop a 
     preliminary joint Department of Defense-Department of 
     Veterans Affairs plan to address the findings and 
     recommendations of the National Academy of Sciences contained 
     in such report. The preliminary plan shall provide 
     preliminary proposals on the matters set forth in paragraph 
     (3).
       (2) Final response.--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 jointly develop a 
     final joint Department of Defense-Department of Veterans 
     Affairs plan to address the findings and recommendations of 
     the National Academy of Sciences contained in such report. 
     The final plan shall provide final proposals on the matters 
     set forth in paragraph (3).
       (3) Covered matters.--The matters set forth in this 
     paragraph with respect to a phase of the study required under 
     subsection (a) are as follows:
       (A) Modifications of policy or practice within the 
     Department of Defense and the Department of Veterans Affairs 
     that are necessary to address gaps in care or services as 
     identified by the National Academy of Sciences under such 
     phase of the study.
       (B) Modifications of policy or practice within the 
     Department of Defense and the Department of Veterans Affairs 
     that are necessary to address recommendations made by the 
     National Academy of Sciences under such phase of the study.
       (C) An estimate of the costs of implementing the 
     modifications set forth under subparagraphs (A) and (B), set 
     forth by fiscal year for at least the first five fiscal years 
     beginning after the date of the plan concerned.
       (4) Reports on responses.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly submit to 
     Congress a report setting forth each joint plan developed 
     under paragraphs (1) and (2).
       (5) Public availability of responses.--The Secretary of 
     Defense and the Secretary of Veterans Affairs shall each make 
     available to the public each report submitted to Congress 
     under paragraph (4), including by posting an electronic copy 
     of such report on the Internet website of the Department of 
     Defense or the Department of Veterans Affairs, as applicable, 
     that is available to the public.
       (6) GAO audit.--Not later than 45 days after the submittal 
     to Congress of the report under paragraph (4) on the final 
     joint Department of Defense-Department of Veterans Affairs 
     plan under paragraph (2), the Comptroller General of the 
     United States shall submit to Congress a report assessing the 
     contents of such report under paragraph (4). The report of 
     the Comptroller General under this paragraph shall include--
       (A) an assessment of the adequacy and sufficiency of the 
     final joint Department of Defense-Department of Veterans 
     Affairs plan in addressing the findings and recommendations 
     of the National Academy of Sciences as a result of the study 
     required under subsection (a);
       (B) an assessment of the feasibility and advisability of 
     the modifications of policy and practice proposed in the 
     final joint Department of Defense-Department of Veterans 
     Affairs plan;
       (C) an assessment of the sufficiency and accuracy of the 
     cost estimates in the final joint Department of Defense-
     Department of Veterans Affairs plan; and
       (D) the comments, if any, of the National Academy of 
     Sciences on the final joint Department of Defense-Department 
     of Veterans Affairs plan.
       (h) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated to the Department of Defense 
     such sums as may be necessary to carry out this section.

                      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 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 for 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 section:

     ``Sec. 1710C. Traumatic brain injury: plans for 
       rehabilitation and reintegration into the community

       ``(a) Plan Required.--The Secretary shall, for each veteran 
     or member of the Armed Forces who receives inpatient or 
     outpatient rehabilitation care from the Department for a 
     traumatic brain injury--
       ``(1) develop an individualized plan for the rehabilitation 
     and reintegration of such individual into the community; and
       ``(2) provide such plan in writing to such individual 
     before such individual is discharged from inpatient care, 
     following transition from active duty to the Department for 
     outpatient care, or as soon as practicable following 
     diagnosis.
       ``(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 such 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.
       ``(3) A description of specific rehabilitative treatments 
     and other services to achieve the objectives described in 
     paragraph (1), which description 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 the plan will be 
     reviewed in accordance with subsection (f).
       ``(c) Comprehensive Assessment.--
       ``(1) In general.--Each plan developed under subsection (a) 
     shall be based upon a comprehensive assessment, developed in 
     accordance with paragraph (2), of--
       ``(A) the physical, cognitive, vocational, and 
     neuropsychological and social impairments of such individual; 
     and
       ``(B) the family education and family support needs of such 
     individual after discharge from inpatient care.
       ``(2) Formation.--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 from among, but not limited to, individuals 
     with expertise in traumatic brain injury, including 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 prostetist.
       ``(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

[[Page S12665]]

     described in subsection (a) to be responsible for the 
     implementation of the plan, and coordination of such care, 
     required by such subsection for such individual.
       ``(2) The Secretary shall ensure that such case manager has 
     specific expertise in the care required by the individual to 
     whom such case manager is designated, regardless of whether 
     such 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 such plan requests such 
     collaboration; or
       ``(B) in the case such individual is incapacitated, the 
     family or guardian of such individual requests such 
     collaboration.
       ``(3) In the case of a plan required by subsection (a) for 
     a member of the Armed Forces who is 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 of a veteran under 
     paragraph (1) at the request of such veteran, or in the case 
     that such veteran is incapacitated, at the request of the 
     guardian or the designee of such veteran.
       ``(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.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by inserting 
     after the item relating to section 1710B the following new 
     item:

``1710C. Traumatic brain injury: plans for rehabilitation and 
              reintegration into the community.''.

     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 
     1710C, as added by section 1602 of this Act, the following 
     new section:

     ``Sec. 1710D. Traumatic brain injury: use of non-Department 
       facilities for rehabilitation

       ``(a) In General.--Subject to section 1710(a)(4) of this 
     title and subsection (b) of this section, the Secretary shall 
     provide rehabilitative treatment or services to implement a 
     plan developed under section 1710C of this title at a non-
     Department facility with which the Secretary has entered into 
     an agreement for such purpose, to an individual--
       ``(1) who is described in section 1710C(a) of this title; 
     and
       ``(2)(A) to whom the Secretary is unable to provide such 
     treatment or services at the frequency or for the duration 
     prescribed in such plan; or
       ``(B) for whom the Secretary determines that it is optimal 
     with respect to the recovery and rehabilitation of such 
     individual .
       ``(b) Standards.--The Secretary may not provide treatment 
     or services as described in subsection (a) at a non-
     Department facility under such subsection unless such 
     facility maintains standards for the provision of such 
     treatment or services established by an independent, peer-
     reviewed organization that accredits specialized 
     rehabilitation programs for adults with traumatic brain 
     injury.
       ``(c) Authorities of State Protection and Advocacy 
     Systems.--With respect to the provision of rehabilitative 
     treatment or services described in subsection (a) in a non-
     Department facility, a State designated protection and 
     advocacy system established under subtitle C of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15041 et seq.) shall have the authorities 
     described under such subtitle.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by inserting 
     after the item relating to section 1710C, as added by section 
     1602 of this Act, the following new item:

``1710D. Traumatic brain injury: use of non-Department facilities for 
              rehabilitation.''.

       (c) Conforming Amendment.--Section 1710(a)(4) of such title 
     is amended by inserting ``the requirement in section 1710D of 
     this title that the Secretary provide certain rehabilitative 
     treatment or services,'' after ``extended care services,''.

     SEC. 1704. RESEARCH, EDUCATION, AND CLINICAL CARE PROGRAM ON 
                   SEVERE TRAUMATIC BRAIN INJURY.

       (a) Program Required.--Subchapter II of chapter 73 of title 
     38, United States Code, is amended by inserting after section 
     7330 the following new section:

     ``Sec. 7330A. Severe traumatic brain injury research, 
       education, and clinical care program

       ``(a) Program Required.--The Secretary shall establish a 
     program on research, education, and clinical care to provide 
     intensive neuro-rehabilitation to veterans with a severe 
     traumatic brain injury, including veterans in a minimally 
     conscious state who would otherwise receive only long-term 
     residential care.
       ``(b) Collaboration Required.--The Secretary shall 
     establish the program required by subsection (a) in 
     collaboration with the Defense and Veterans Brain Injury 
     Center and other relevant programs of the Federal Government 
     (including other Centers of Excellence).
       ``(c) Education Required.--As part of the program required 
     by subsection (a), the Secretary shall, in collaboration with 
     the Defense and Veterans Brain Injury Center and any other 
     relevant programs of the Federal Government (including other 
     Centers of Excellence), conduct educational programs on 
     recognizing and diagnosing mild and moderate cases of 
     traumatic brain injury.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary for each of fiscal years 
     2008 through 2012, $10,000,000 to carry out the program 
     required by subsection (a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 73 is amended by inserting after the 
     item relating to section 7330 the following new item:

``7330A. Severe traumatic brain injury research, education, and 
              clinical care program.''.

       (c) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to Congress a report on the research to be 
     conducted under the program required by section 7330A of 
     title 38, United States Code, as added by subsection (a).

     SEC. 1705. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR 
                   VETERANS WITH TRAUMATIC BRAIN INJURY.

       (a) Pilot Program.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall, in collaboration with the Defense and Veterans 
     Brain Injury Center, carry out a 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) Duration of Program.--The pilot program shall be 
     carried out during the five-year period beginning on the date 
     of the commencement of the pilot program.
       (c) 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 shall be in each health care region of the 
     Veterans Health Administration that contains a polytrauma 
     center of the Department of Veterans Affairs; and
       (B) any other locations shall be in areas that contain high 
     concentrations of veterans with traumatic brain injury, as 
     determined by the Secretary.
       (2) Special consideration for veterans in rural areas.--
     Special consideration shall be given to provide veterans in 
     rural areas with an opportunity to participate in the pilot 
     program.
       (d) 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 such 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 this 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.
       (e) Continuation of Case Management and Rehabilitation 
     Services.--In carrying the pilot program under subsection 
     (a), the Secretary shall continue to provide each veteran who 
     is receiving assisted living services under the pilot program 
     with rehabilitative services and shall designate Department 
     health-care employees to furnish case management services for 
     veterans participating in the pilot program.
       (f) Report.--
       (1) In general.--Not later than 60 days after the 
     completion of the pilot program, the Secretary shall submit 
     to the congressional veterans affairs committees 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.
       (g) 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.

[[Page S12666]]

       (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 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 ``congressional veterans affairs committees'' 
     means--
       (A) the Committee on Veterans' Affairs of the Senate; and
       (B) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (4) The term ``eligible veteran'' means a veteran who--
       (A) is enrolled in the Department of Veterans Affairs 
     health care system;
       (B) has received treatment for traumatic brain injury from 
     the Department of Veterans Affairs;
       (C) is unable to manage routine activities of daily living 
     without supervision and assistance; and
       (D) could reasonably be expected to receive ongoing 
     services after the end of the pilot program under this 
     section under another government program or through other 
     means.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Veterans Affairs to 
     carry out this section, $8,000,000 for each of fiscal years 
     2008 through 2013.

     SEC. 1706. RESEARCH ON TRAUMATIC BRAIN INJURY.

       (a) Inclusion of Research on Traumatic Brain Injury Under 
     Ongoing Research Programs.--The Secretary of Veterans Affairs 
     shall, in carrying out research programs and activities under 
     the provisions of law referred to in subsection (b), ensure 
     that such programs and activities include research on the 
     sequelae of mild to severe forms of traumatic brain injury, 
     including--
       (1) research on visually-related neurological conditions;
       (2) research on seizure disorders;
       (3) research on means of improving the diagnosis, 
     rehabilitative treatment, and prevention of such sequelae;
       (4) research to determine the most effective cognitive and 
     physical therapies for the sequelae of traumatic brain 
     injury; and
       (5) research on dual diagnosis of post-traumatic stress 
     disorder and traumatic brain injury.
       (b) Research Authorities.--The provisions of law referred 
     to in this subsection are the following:
       (1) Section 3119 of title 38, United States Code, relating 
     to rehabilitation research and special projects.
       (2) Section 7303 of such title, relating to research 
     programs of the Veterans Health Administration.
       (3) Section 7327 of such title, relating to research, 
     education, and clinical activities on complex multi-trauma 
     associated with combat injuries.
       (c) Collaboration.--In carrying out the research required 
     by subsection (a), the Secretary shall collaborate with 
     facilities that--
       (1) conduct research on rehabilitation for individuals with 
     traumatic brain injury; and
       (2) receive grants for such research from the National 
     Institute on Disability and Rehabilitation Research of the 
     Department of Education.
       (d) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report describing in comprehensive detail 
     the research to be carried out pursuant to subsection (a).

     SEC. 1707. 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. 1708. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE 
                   FOR COMBAT SERVICE IN THE PERSIAN GULF WAR OR 
                   FUTURE HOSTILITIES.

       Section 1710(e)(3)(C) of title 38, United States Code, is 
     amended by striking ``2 years'' and inserting ``5 years''.

     SEC. 1709. MENTAL HEALTH: SERVICE-CONNECTION STATUS AND 
                   EVALUATIONS FOR CERTAIN VETERANS.

       (a) Presumption of Service-Connection of Mental Illness for 
     Certain Veterans.--Section 1702 of title 38, United States 
     Code, is amended--
       (1) by striking ``psychosis'' and inserting ``mental 
     illness''; and
       (2) in the heading, by striking ``psychosis'' and inserting 
     ``mental illness''.
       (b) Provision of Mental Health Evaluations for Certain 
     Veterans.--Upon the request of a veteran described in section 
     1710(e)(3)(C) of title 38, United States Code, the Secretary 
     shall provide to such veteran a preliminary mental health 
     evaluation as soon as practicable, but not later than 30 days 
     after such request.

     SEC. 1710. MODIFICATION OF REQUIREMENTS FOR FURNISHING 
                   OUTPATIENT DENTAL SERVICES TO VETERANS WITH A 
                   SERVICE-CONNECTED DENTAL CONDITION OR 
                   DISABILITY.

       Section 1712(a)(1)(B)(iv) of title 38, United States Code, 
     is amended by striking ``90-day'' and inserting ``180-day''.

     SEC. 1711. DEMONSTRATION PROGRAM ON PREVENTING VETERANS AT-
                   RISK OF HOMELESSNESS FROM BECOMING HOMELESS.

       (a) Demonstration Program.--The Secretary of Veterans 
     Affairs shall carry out a demonstration program for the 
     purpose of--
       (1) identifying members of the Armed Forces on active duty 
     who are at risk of becoming homeless after they are 
     discharged or released from active duty; and
       (2) providing referral, counseling, and supportive 
     services, as appropriate, to help prevent such members, upon 
     becoming veterans, from becoming homeless.
       (b) Program Locations.--The Secretary shall carry out the 
     demonstration program in at least three locations.
       (c) Identification Criteria.--In developing and 
     implementing the criteria to identify members of the Armed 
     Forces, who upon becoming veterans, are at-risk of becoming 
     homeless, the Secretary of Veterans Affairs shall consult 
     with the Secretary of Defense and such other officials and 
     experts as the Secretary considers appropriate.
       (d) Contracts.--The Secretary of Veterans Affairs may enter 
     into contracts to provide the referral, counseling, and 
     supportive services required under the demonstration program 
     with entities or organizations that meet such requirements as 
     the Secretary may establish.
       (e) Sunset.--The authority of the Secretary under 
     subsection (a) shall expire on September 30, 2011.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated $2,000,000 for the purpose of carrying out 
     the provisions of this section.

     SEC. 1712. CLARIFICATION OF PURPOSE OF THE OUTREACH SERVICES 
                   PROGRAM OF THE 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 the National Guard or Reserve,'' 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 assisted in applying for, any benefits 
     and programs under such laws;''.

     TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``National Guard Empowerment 
     Act of 2007''.

     SEC. 1802. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD 
                   BUREAU AND EXPANDED FUNCTIONS OF THE NATIONAL 
                   GUARD BUREAU.

       (a) Expanded Authority.--
       (1) In general.--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''.
       (2) Purpose.--Subsection (b) of such section is amended by 
     striking ``between'' and all that follows and inserting 
     ``between--
       ``(1)(A) the Secretary of Defense, the Joint Chiefs of 
     Staff, and the commanders of the combatant commands of the 
     United States, and (B) the Department of the Army and the 
     Department of the Air Force; and
       ``(2) the several States.''.
       (b) Enhancements of Position of Chief of National Guard 
     Bureau.--
       (1) Advisory function on national guard matters.--
     Subsection (c) of section 10502 of title 10, United States 
     Code, is amended by inserting ``to the Secretary of Defense, 
     to the Chairman of the Joint Chiefs of Staff,'' after 
     ``principal adviser''.
       (2) Grade.--Subsection (d) of such section is amended by 
     striking ``lieutenant general'' and inserting ``general''.
       (3) Annual report to congress on validated requirements.--
     Section 10504 of such title is amended by adding at the end 
     the following new subsection:
       ``(c) Annual Report on Validated Requirements.--Not later 
     than December 31 each year, the Chief of the National Guard 
     Bureau shall submit to Congress a report on the following:
       ``(1) The requirements validated under section 10503a(b)(1) 
     of this title during the preceding fiscal year.
       ``(2) The requirements referred to in paragraph (1) for 
     which funding is to be requested in the next budget for a 
     fiscal year under section 10544 of this title.
       ``(3) The requirements referred to in paragraph (1) for 
     which funding will not be requested in the next budget for a 
     fiscal year under section 10544 of this title.''.
       (c) Enhancement of Functions of National Guard Bureau.--
       (1) Additional general functions.--Section 10503 of title 
     10, United States Code, is amended--
       (A) by redesignating paragraph (12) as paragraph (13); and

[[Page S12667]]

       (B) by inserting after paragraph (11) the following new 
     paragraph (12):
       ``(12) Facilitating and coordinating with other Federal 
     agencies, and with the several States, the use of National 
     Guard personnel and resources for and in contingency 
     operations, military operations other than war, natural 
     disasters, support of civil authorities, and other 
     circumstances.''.
       (2) Military assistance for civil authorities.--Chapter 
     1011 of such title is further amended by inserting after 
     section 10503 the following new section:

     ``Sec. 10503a. Functions of National Guard Bureau: military 
       assistance to civil authorities

       ``(a) Identification of Additional Necessary Assistance.--
     The Chief of the National Guard Bureau shall--
       ``(1) identify gaps between Federal and State capabilities 
     to prepare for and respond to emergencies; and
       ``(2) make recommendations to the Secretary of Defense on 
     programs and activities of the National Guard for military 
     assistance to civil authorities to address such gaps.
       ``(b) Scope of Responsibilities.--In meeting the 
     requirements of subsection (a), the Chief of the National 
     Guard Bureau shall, in coordination with the adjutants 
     general of the States, have responsibilities as follows:
       ``(1) To validate the requirements of the several States 
     and Territories with respect to military assistance to civil 
     authorities.
       ``(2) To develop doctrine and training requirements 
     relating to the provision of military assistance to civil 
     authorities.
       ``(3) To acquire equipment, materiel, and other supplies 
     and services for the provision of military assistance to 
     civil authorities.
       ``(4) To assist the Secretary of Defense in preparing the 
     budget required under section 10544 of this title.
       ``(5) To administer amounts provided the National Guard for 
     the provision of military assistance to civil authorities.
       ``(6) To carry out any other responsibility relating to the 
     provision of military assistance to civil authorities as the 
     Secretary of Defense shall specify.
       ``(c) Consultation.--The Chief of the National Guard Bureau 
     shall carry out activities under this section in consultation 
     with the Secretary of the Army and the Secretary of the Air 
     Force.''.
       (3) Budgeting for training and equipment for military 
     assistance to civil authorities and other domestic 
     missions.--Chapter 1013 of title 10, United States Code, is 
     amended by adding at the end the following new section:

     ``Sec. 10544. National Guard training and equipment: budget 
       for military assistance to civil authorities and for other 
       domestic operations

       ``(a) In General.--The budget justification documents 
     materials submitted to Congress in support of the budget of 
     the President for a fiscal year (as submitted with the budget 
     of the President under section 1105(a) of title 31) shall 
     specify separate amounts for training and equipment for the 
     National Guard for purposes of military assistance to civil 
     authorities and for other domestic operations during such 
     fiscal year.
       ``(b) Scope of Funding.--The amounts specified under 
     subsection (a) for a fiscal year shall be sufficient for 
     purposes as follows:
       ``(1) The development and implementation of doctrine and 
     training requirements applicable to the assistance and 
     operations described in subsection (a) for such fiscal year.
       ``(2) The acquisition of equipment, materiel, and other 
     supplies and services necessary for the provision of such 
     assistance and such operations in such fiscal year.''.
       (4) Limitation on increase in personnel of national guard 
     bureau.--The Secretary of Defense shall, to the extent 
     practicable, ensure that no additional personnel are assigned 
     to the National Guard Bureau in order to address 
     administrative or other requirements arising out of the 
     amendments made by this subsection.
       (d) Conforming and Clerical Amendments.--
       (1) Conforming amendment.--The heading of section 10503 of 
     title 10, United States Code, is amended to read as follows:

     ``Sec. 10503. Functions of National Guard Bureau: charter''.

       (2) Clerical amendments.--(A) 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 items:

``10503. Functions of National Guard Bureau: charter.
``10503a. Functions of National Guard Bureau: military assistance to 
              civil authorities.''.Q
       (B) The table of sections at the beginning of chapter 1013 
     of such title is amended by adding at the end the following 
     new item:

``10544. National Guard training and equipment: budget for military 
              assistance to civil authorities and for other domestic 
              operations.''.

     SEC. 1803. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO 
                   LIEUTENANT GENERAL AND VICE ADMIRAL GRADES ON 
                   THE ACTIVE-DUTY LIST.

       (a) Sense of Congress.--It is the sense of Congress that, 
     whenever officers 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 of the reserve 
     components of the Armed Forces who are eligible for promotion 
     to such grade should be considered for promotion to such 
     grade.
       (b) Proposal.--The Secretary of Defense shall submit to 
     Congress a proposal for mechanisms to achieve the objective 
     specified in subsection (a). The proposal shall include such 
     recommendations for legislative or administrative action as 
     the Secretary considers appropriate in order to achieve that 
     objective.
       (c) Notice Accompanying Nominations.--The President shall 
     include with each nomination of an officer to the grade of 
     lieutenant general, or vice admiral in the case of the Navy, 
     on the active-duty list that is submitted to the Senate for 
     consideration a certification that all reserve officers who 
     were eligible for consideration for promotion to such grade 
     were considered in the making of such nomination.

     SEC. 1804. PROMOTION OF RESERVE OFFICERS TO LIEUTENANT 
                   GENERAL GRADE.

       (a) Treatment of Service as Adjutant General as Joint Duty 
     Experience.--
       (1) Directors of army and air national guard.--Section 
     10506(a)(3) of title 10, United States Code, is amended--
       (A) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively; and
       (B) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) Service of an officer as adjutant general shall be 
     treated as joint duty experience for purposes of subparagraph 
     (B)(ii).''.
       (2) Other officers.--The service of an officer of the Armed 
     Forces as adjutant general, or as an officer (other than 
     adjutant general) of the National Guard of a State who 
     performs the duties of adjutant general under the laws of 
     such State, shall be treated as joint duty or joint duty 
     experience for purposes of any provisions of law required 
     such duty or experience as a condition of promotion.
       (b) Reports on Promotion of Reserve Major Generals to 
     Lieutenant General Grade.--
       (1) Review required.--The Secretary of the Army and the 
     Secretary of the Air Force shall each conduct a review of the 
     promotion practices of the military department concerned in 
     order to identify and assess the practices of such military 
     department in the promotion of reserve officers from major 
     general grade to lieutenant general grade.
       (2) Reports.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of the Army and the 
     Secretary of the Air Force shall each submit to the 
     congressional defense committees a report on the review 
     conducted by such official under paragraph (1). Each report 
     shall set forth--
       (A) the results of such review; and
       (B) a description of the actions intended to be taken by 
     such official to encourage and facilitate the promotion of 
     additional reserve officers from major general grade to 
     lieutenant general grade.

     SEC. 1805. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF 
                   THE UNITED STATES NORTHERN COMMAND BE FILLED BY 
                   A QUALIFIED NATIONAL GUARD OFFICER.

       (a) In General.--A position of Deputy Commander of the 
     United States Northern Command shall be filled by a qualified 
     officer of the National Guard who is eligible for promotion 
     to the grade of lieutenant general.
       (b) Purpose.--The purpose of the requirement in subsection 
     (a) is to ensure that information received from the National 
     Guard Bureau regarding the operation of the National Guard of 
     the several States is integrated into the plans and 
     operations of the United States Northern Command.

     SEC. 1806. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE 
                   ANNUAL PLAN FOR RESPONSE TO NATURAL DISASTERS 
                   AND TERRORIST EVENTS.

       (a) Requirement for Annual Plan.--Not later than March 1, 
     2008, and each March 1 thereafter, the Secretary of Defense, 
     in consultation with 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).
       (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:

[[Page S12668]]

       (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. 1807. 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''.

                            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
------------------------------------------------------------------------
                                     Installation or
              State                      Location            Amount
------------------------------------------------------------------------
Alabama..........................  Anniston Army Depot       $26,000,000
                                   Redstone Arsenal...       $20,000,000
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           $17,500,000
                                    Base.
Florida..........................  Eglin Air Force           $66,000,000
                                    Base.
                                   Miami Doral........      $237,000,000
Georgia..........................  Fort Benning.......      $185,800,000
                                   Fort Stewart/Hunter      $123,500,000
                                    Army Air Field.
Hawaii...........................  Fort Shafter.......       $31,000,000
                                   Schofield Barracks.       $88,000,000
                                   Wheeler Army Air          $51,000,000
                                    Field.
Illinois.........................  Rock Island Arsenal        $3,350,000
Kansas...........................  Fort Leavenworth...       $90,800,000
                                   Fort Riley.........      $138,300,000
Kentucky.........................  Fort Campbell......      $105,000,000
                                   Fort Knox..........        $6,700,000
Louisiana........................  Fort Polk..........       $15,900,000
Maryland.........................  Aberdeen Proving          $12,200,000
                                    Ground.
Michigan.........................  Detroit Arsenal....       $18,500,000
Missouri.........................  Fort Leonard Wood..      $125,650,000
Nevada...........................  Hawthorne Army            $11,800,000
                                    Ammunition Plant.
New Mexico.......................  White Sands Missile       $71,000,000
                                    Range.
New York.........................  Fort Drum..........      $291,000,000
North Carolina...................  Fort Bragg.........      $275,600,000
Oklahoma.........................  Fort Sill..........        $6,200,000
South Carolina...................  Fort Jackson.......       $85,000,000
Texas............................  Camp Bullis........        $1,600,000
                                   Fort Bliss.........      $111,900,000
                                   Fort Hood..........      $145,400,000
                                   Fort Sam Houston...       $19,150,000
                                   Red River Army             $9,200,000
                                    Depot.
Virginia.........................  Fort Belvoir.......       $13,000,000
                                   Fort Eustis........       $75,000,000
                                   Fort Lee...........       $16,700,000
                                   Fort Myer..........       $20,800,000
Washington.......................  Fort Lewis.........      $164,600,000
                                   Yakima Training           $29,000,000
                                    Center.
------------------------------------------------------------------------

       (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:

                     Army: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Bulgaria..........................  Nevo Selo FOS.......     $61,000,000
Germany...........................  Grafenwoehr.........     $62,000,000
Honduras..........................  Soto Cano Air Base..      $2,550,000
Italy.............................  Vicenza.............    $173,000,000
Korea.............................  Camp Humphreys......     $57,000,000
Romania...........................   Mihail Kogalniceanu     $12,600,000
                                     FOS.
------------------------------------------------------------------------

     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
----------------------------------------------------------------------------------------------------------------
                Country                    Installation or Location              Units                Amount
----------------------------------------------------------------------------------------------------------------
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 $5,218,067,000 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $3,254,250,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $295,150,000.
       (3) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $23,000,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $333,947,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $419,400,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $742,920,000.
       (6) 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.
       (7) 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), 
     $102,000,000.
       (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) $204,000,000 (the balance of the amount authorized 
     under section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2007 (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)), for 
     construction of a brigade complex for Fort Lewis, 
     Washington).
       (3) $37,000,000 (the balance of the amount authorized under 
     section 2101(b) for construction of a brigade complex 
     operations support facility at Vicenza, Italy).
       (4) $36,000,000 (the balance of the amount authorized under 
     section 2101(b) for construction of a brigade complex 
     barracks and community support facility at Vicenza, Italy).

[[Page S12669]]

     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. 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. 2107. EXTENSION OF AUTHORIZATIONS 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, 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. 2108. TECHNICAL AMENDMENTS TO THE MILITARY CONSTRUCTION 
                   AUTHORIZATION ACT FOR 2007.

       (a) Technical Amendment To Specify 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) Technical Amendment To Correct Printing 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. 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
------------------------------------------------------------------------
                                    Installation or
             State                     Location              Amount
------------------------------------------------------------------------
Alabama.......................  Outlying Field                $9,560,000
                                 Evergreen.
Arizona.......................  Marine Corps Air             $33,720,000
                                 Station, Yuma.
California....................  Marine Corps Base,          $366,394,000
                                 Camp Pendleton.
                                Marine Corps Air             $26,760,000
                                 Station, Miramar.
                                Naval Station, San           $23,630,000
                                 Diego.
                                Marine Corps Base,          $147,059,000
                                 Twentynine Palms.
Connecticut...................  Naval Submarine Base,        $11,900,000
                                 New London.
Florida.......................  Marine Corps Logistics        $7,570,000
                                 Base, Blount Island.
                                Cape Canaveral........        $9,900,000
                                Naval Surface Warfare        $13,870,000
                                 Center, Panama City.
Hawaii........................  Marine Corps Air             $37,961,000
                                 Station, Kaneohe.
                                Naval Base, Pearl            $99,860,000
                                 Harbor.
                                Naval Shipyard, Pearl        $30,200,000
                                 Harbor.
                                Naval Station Pearl          $65,410,000
                                 Harbor, Wahiawa.
Illinois......................  Naval Training Center,       $10,221,000
                                 Great Lakes.
Indiana.......................  Naval Support                $12,000,000
                                 Activity, Crane.
Maryland......................  Naval Air Warfare            $38,360,000
                                 Center, Patuxent
                                 River.
Maine.........................  Naval Shipyard,               $9,700,000
                                 Portsmouth.
Mississippi...................  Naval Air Station,            $6,770,000
                                 Meridian.
Nevada........................  Naval Air Station,           $11,460,000
                                 Fallon.
New Jersey....................  Naval Air Station,            $4,100,000
                                 Lakehurst.
North Carolina................  Marine Corps Air             $28,610,000
                                 Station, Cherry Point.
                                Marine Corps Air             $54,430,000
                                 Station, New River.
                                Marine Corps Base,          $278,070,000
                                 Camp Lejeune.
Rhode Island..................  Naval Station, Newport        $9,990,000
South Carolina................  Marine Corps Air              $6,800,000
                                 Station, Beaufort.

[[Page S12670]]

 
                                Marine Corps Recruit         $55,282,000
                                 Depot, Parris Island.
Texas.........................  Naval Air Station,           $14,290,000
                                 Corpus Christi.
Virginia......................  Naval Support                 $8,450,000
                                 Activity, Chesapeake.
                                Naval Station, Norfolk       $79,560,000
                                Marine Corps Base,           $50,519,000
                                 Quantico.
Washington....................  Naval Station,              $190,960,000
                                 Bremerton.
                                Naval Station, Everett       $10,940,000
                                Naval Air Station,           $23,910,000
                                 Whidbey Island.
------------------------------------------------------------------------

       (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
------------------------------------------------------------------------
                                    Installation or
            Country                    Location              Amount
------------------------------------------------------------------------
Bahrain.......................  Naval Support                $35,500,000
                                 Activity, Bahrain.
Diego Garcia..................  Naval Support                 $7,150,000
                                 Facility, Diego
                                 Garcia.
Djibouti......................  Camp Lemonier.........       $22,390,000
Guam..........................  Naval Activities, Guam      $273,518,000
------------------------------------------------------------------------

       (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
------------------------------------------------------------------------
                                    Installation or
           Location                    Location              Amount
------------------------------------------------------------------------
Worldwide Unspecified           Wharf Utilities               $8,900,000
                                 Upgrade.
                                Host Nation                   $2,700,000
                                 Infrastructure.
------------------------------------------------------------------------

     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 installation, 
     in the number of units, and in the amount set forth in the 
     following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                Location                           Installation                    Units              Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands.........................  Naval Activities, Guam.........  73...................     $47,167,000
----------------------------------------------------------------------------------------------------------------

       (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) 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 Navy in the total amount of $3,032,790,000, 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $1,717,016,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $338,558,000.
       (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, $119,658,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $300,095,000.
       (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, 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, Silverdale, Washington, 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) $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;

[[Page S12671]]

       (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, as 
     amended by subsection (b), is further 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''.

                         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(a)(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
------------------------------------------------------------------------
                                    Installation or
             State                     Location              Amount
------------------------------------------------------------------------
Alaska........................  Elmendorf Air Force          $83,180,000
                                 Base.
Arizona.......................  Davis-Monthan Air            $11,200,000
                                 Force Base.
Arkansas......................  Little Rock Air Force         $9,800,000
                                 Base.
California....................  Travis Air Force Base.       $26,600,000
Colorado......................  Fort Carson...........       $13,500,000
                                Schriever Air Force          $24,500,000
                                 Base.
                                United States Air            $15,000,000
                                 Force Academy.
District of Columbia..........  Bolling Air Force Base        $2,500,000
Florida.......................  Eglin Air Force Base..      $158,300,000
                                MacDill Air Force Base       $57,000,000
                                Patrick Air Force Base       $11,854,000
                                Tyndall Air Force Base       $44,114,000
Georgia.......................  Robins Air Force Base.       $14,700,000
Hawaii........................  Hickam Air Force Base.       $31,971,000
Illinois......................  Scott Air Force Base..       $24,900,000
Kansas........................  Fort Riley............       $12,515,000
Massachusetts.................  Hanscom Air Force Base       $12,800,000
Montana.......................  Malmstrom Air Force           $7,000,000
                                 Base.
Nebraska......................  Offutt Air Force Base.       $16,952,000
New Mexico....................  Cannon Air Force Base.        $1,688,000
                                Kirtland Air Force           $11,400,000
                                 Base.
Nevada........................  Nellis Air Force Base.        $4,950,000
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.
South Dakota..................  Ellsworth Air Force          $16,600,000
                                 Base.
Texas.........................  Lackland Air Force           $14,000,000
                                 Base.
Utah..........................  Hill Air Force Base...       $25,999,000
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(a)(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
------------------------------------------------------------------------
                                    Installation or
            Country                    Location              Amount
------------------------------------------------------------------------
Germany.......................  Ramstein Air Base.....       $48,209,000
Guam..........................  Andersen Air Force           $10,000,000
                                 Base.
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              $41,000,000
                                 Menwith Hill Station.
------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(3), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for 
     unspecified installations or locations in the amounts set 
     forth in the following table:

                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
                                    Installation or
           Location                    Location              Amount
------------------------------------------------------------------------
Worldwide Classified..........  Classified Project....        $1,500,000

[[Page S12672]]

 
                                Classified-Special           $13,940,000
                                 Evaluation Program.
------------------------------------------------------------------------

     SEC. 2302. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2304(a)(6)(A), the Secretary of the Air Force may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installation or 
     location, in the number of units, and in the amount 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(a)(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(a)(6)(A), the Secretary of 
     the Air Force may improve existing military family housing 
     units in an amount not to exceed $294,262,000.

     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 $2,097,357,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $754,123,000.
       (2) For military construction projects outside the United 
     States authorized by section 2301(b), $140,609,000.
       (3) For the military construction projects at unspecified 
     worldwide locations authorized by section 2301(c), 
     $15,440,000.
       (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, $61,103,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $362,747,000.
       (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 increment 3 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), $35,000,000.
       (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, 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''.

     SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2006 PROJECT.

       (a) Modification.--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 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 Amendment.--Section 2304(b)(4) of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (119 Stat. 3496), as amended by section 2305(b) of the 
     Military Construction Authorization Act for Fiscal Year 2007 
     (120 Stat. 2456), is further amended 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), 
     authorizations set forth in the table in subsection (b), as 
     provided in section 2302 of that Act, 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,         Family housing (61           $21,723,000
 Florida.                        units).
  MacDill Air Force Base,       Housing maintenance           $1,250,000
 Florida.                        facility.
Columbus Air Force Base,        Housing management              $711,000
 Mississippi.                    facility.

[[Page S12673]]

 
Whiteman Air Force Base,        Family housing (160          $37,087,000
 Missouri.                       units).
Seymour Johnson Air Force       Family housing (167          $32,693,000
 Base, North Carolina.           units).
Goodfellow Air Force Base,      Family housing (127          $20,604,000
 Texas.                          units).
Ramstein Air Base, Germany....  USAFE Theater                $24,024,000
                                 Aerospace 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 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
------------------------------------------------------------------------
                                    Installation or
             State                     Location              Amount
------------------------------------------------------------------------
North Carolina................  Marine Corps Base,            $2,014,000
                                 Camp Lejeune.
------------------------------------------------------------------------


                       Defense Intelligence Agency
------------------------------------------------------------------------
                                    Installation or
             State                     Location              Amount
------------------------------------------------------------------------
District of Columbia..........  Bolling Air Force Base        $1,012,000
------------------------------------------------------------------------


                        Defense Logistics Agency
------------------------------------------------------------------------
                                    Installation or
             State                     Location              Amount
------------------------------------------------------------------------
California....................  Port Loma Annex.......      $140,000,000
Florida.......................  Naval Air Station, Key        $1,874,000
                                 West.
Hawaii........................  Hickam Air Force Base.       $26,000,000
New Mexico....................  Kirtland Air Force            $1,800,000
                                 Base.
Ohio..........................  Defense Supply Center         $4,000,000
                                 Columbus.
Pennsylvania..................  Defense Distribution         $21,000,000
                                 Depot, New Cumberland.
Virginia......................  Fort Belvoir..........        $5,000,000
------------------------------------------------------------------------


                        National Security Agency
------------------------------------------------------------------------
                                    Installation or
             State                     Location              Amount
------------------------------------------------------------------------
Maryland......................  Fort Meade............       $11,901,000
------------------------------------------------------------------------


                       Special Operations Command
------------------------------------------------------------------------
                                    Installation or
             State                     Location              Amount
------------------------------------------------------------------------
California....................  Marine Corps Base,           $20,030,000
                                 Camp Pendleton.
                                Naval Amphibious Base,       $12,000,000
                                 Coronado.
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,           $28,210,000
                                 Camp Lejeune.
Virginia......................  Dam Neck..............      $108,500,000
                                Naval Amphibious Base,       $99,000,000
                                 Little Creek.
Washington....................  Fort Lewis............       $77,000,000
------------------------------------------------------------------------


                       TRICARE Management Activity
------------------------------------------------------------------------
                                    Installation or
             State                     Location              Amount
------------------------------------------------------------------------
Florida.......................  MacDill Air Force Base        $5,000,000
Illinois......................  Naval Hospital, Great        $99,000,000
                                 Lakes.
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
------------------------------------------------------------------------


[[Page S12674]]

       (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
------------------------------------------------------------------------
                                    Installation or
            Country                    Location              Amount
------------------------------------------------------------------------
Belgium.......................  Sterrebeek............        $5,992,000
Germany.......................  Ramstein Air Base.....        $5,393,000
                                Wiesbaden Air Base....       $20,472,000
------------------------------------------------------------------------


                       Special Operations Command
------------------------------------------------------------------------
                                    Installation or
            Country                    Location              Amount
------------------------------------------------------------------------
Bahrain.......................  Southwest Asia........       $19,000,000
Qatar.........................  Al Udeid Air Base.....       $52,852,000
------------------------------------------------------------------------


                       TRICARE Management Activity
------------------------------------------------------------------------
                                    Installation or
            Country                    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
------------------------------------------------------------------------
                                    Installation or
           Location                    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.

       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 $1,944,529,000 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $969,152,000.
       (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, $10,000,000.
       (6) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $154,728,000.
       (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.

     SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY 
                   OUT CERTAIN FISCAL YEAR 2007 DEFENSE AGENCIES 
                   PROJECTS.

       (a) Termination of Inside the United States 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 Certain Inside the United States 
     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, as 
     amended by subsections (a) through (c), is further 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. 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), 
     authorizations set forth in the table in subsection (b), as 
     provided in section 2401 of that Act, 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:

[[Page S12675]]



         Defense Wide: 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,              TMA hospital project..       $28,438,000
 Jacksonville, Florida.
------------------------------------------------------------------------

     SEC. 2406. MUNITIONS DEMILITARIZATION FACILITIES, BLUE GRASS 
                   ARMY DEPOT, KENTUCKY, AND PUEBLO CHEMICAL 
                   ACTIVITY, COLORADO.

       (a) Authority To Increase Amount for Construction of 
     Munitions Demilitarization Facility, Blue Grass Army Depot, 
     Kentucky.--Pursuant to the authority granted for this project 
     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 
     amount authorized to be appropriated by section 2403(14) of 
     this Act for the construction of increment 8 of a munitions 
     demilitarization facility at Blue Grass Army Depot, Kentucky, 
     may, subject to the approval of the Secretary of Defense, be 
     increased by up to $17,300,000 using funds from the amounts 
     authorized to be appropriated by section 2403(1) of this Act.
       (b) Authority To Increase Amount for Construction of 
     Munitions Demilitarization Facility, Pueblo Chemical 
     Activity, Colorado.--Pursuant to the authority granted for 
     this project 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 
     amount authorized to be appropriated by section 2403(14) of 
     this Act for the construction of increment 9 of a munitions 
     demilitarization facility at Pueblo Chemical Activity, 
     Colorado may, subject to the approval of the Secretary of 
     Defense, be increased by up to $32,000,000 using funds from 
     the amounts authorized to be appropriated by section 2403(1) 
     of this Act.
       (c) Certification Requirement.--Prior to exercising the 
     authority provided in subsection (a) or (b), the Secretary of 
     Defense shall provide to the congressional defense committees 
     the following:
       (1) Certification that the increase in the amount 
     authorized to be appropriated--
       (A) is in the best interest of national security; and
       (B) will facilitate compliance with the deadline set forth 
     in subsection (d)(1).
       (2) A statement that the increased amount authorized to be 
     appropriated will be used to carry out authorized military 
     construction activities.
       (3) A notification of the action in accordance with section 
     2811.
       (d) Deadline for Destruction of Chemical Agents and 
     Munitions Stockpile.--
       (1) Deadline.--Notwithstanding any other provision of law, 
     the Department of Defense shall complete work on the 
     destruction of the entire United States stockpile of lethal 
     chemical agents and munitions, including those stored at Blue 
     Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 
     Colorado, by the deadline established by the Chemical Weapons 
     Convention, and in no circumstances later than December 31, 
     2017.
       (2) Report.--
       (A) In general.--Not later than December 31, 2007, and 
     every 180 days thereafter, the Secretary of Defense shall 
     submit to the parties described in paragraph (2) a report on 
     the progress of the Department of Defense toward compliance 
     with this subsection.
       (B) Parties receiving report.--The parties referred to in 
     paragraph (1) are the Speaker of the House of the 
     Representatives, the Majority and Minority Leaders of the 
     House of Representatives, the Majority and Minority Leaders 
     of the Senate, and the congressional defense committees.
       (C) Content.--Each report submitted under subparagraph (A) 
     shall include the updated and projected annual funding levels 
     necessary to achieve full compliance with this subsection. 
     The projected funding levels for each report shall include a 
     detailed accounting of the complete life-cycle costs for each 
     of the chemical disposal projects.
       (3) Chemical weapons convention defined.--In this 
     subsection, the term ``Chemical Weapons Convention'' means 
     the Convention on the Prohibition of Development, Production, 
     Stockpiling and Use of Chemical Weapons and on Their 
     Destruction, with annexes, done at Paris, January 13, 1993, 
     and entered into force April 29, 1997 (T. Doc. 103-21).
       (4) Applicability; rule of construction.--This subsection 
     shall apply to fiscal year 2008 and each fiscal year 
     thereafter, and shall not be modified or repealed by 
     implication.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

     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
Arkansas......................  Camp Robinson.........       $23,923,000
Arizona.......................  Florence..............       $10,870,000
California....................  Sacramento Army Depot.       $21,000,000
                                Camp Roberts..........        $2,850,000
Connecticut...................  Niantic...............       $13,600,000
Florida.......................  Jacksonville..........       $12,200,000
Idaho.........................  Gowen Field...........        $7,615,000
                                Orchard Training Area.        $1,700,000
Illinois......................  St. Clair County......        $8,100,000
Iowa..........................  Iowa City.............       $13,186,000
Michigan......................  Camp Grayling.........        $2,450,000
                                Lansing...............        $4,239,000
Minnesota.....................  Camp Ripley...........        $4,850,000
Mississippi...................  Camp Shelby...........        $4,000,000
Missouri......................  Whiteman Air Force           $30,000,000
                                 Base.
North Dakota..................  Camp Grafton..........       $33,416,000
Oregon........................  Ontario...............       $11,000,000
Pennsylvania..................  Carlisle..............        $7,800,000
                                East Fallowfield              $8,300,000
                                 Township.
                                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
Rhode Island..................  East Greenwich........        $8,200,000

[[Page S12676]]

 
                                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...........        $4,500,000
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....................  Fort Hunter Liggett...        $7,035,000
                                Garden Grove..........       $25,440,000
Montana.......................  Butte.................        $7,629,000
New Jersey....................  Fort Dix..............       $17,000,000
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         $10,277,000
                                 Force Base.
Oregon........................  Portland..............        $1,900,000
South Dakota..................  Sioux Falls...........        $3,730,000
Texas.........................  Austin................        $6,490,000
                                Fort Worth............       $22,514,000
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          $7,300,000
                                 Guard Base.
Delaware......................  New Castle............       $10,800,000
Georgia.......................  Savannah International        $9,000,000
                                 Airport.
Indiana.......................  Hulman Regional               $7,700,000
                                 Airport.
Kansas........................  Smoky Hill Air                $9,000,000
                                 National Guard Range.
Louisiana.....................  Camp Beauregard.......        $1,800,000
Massachusetts.................  Otis Air National             $1,800,000
                                 Guard Base.
New Hampshire.................  Pease Air National            $8,900,000
                                 Guard Base.
Nebraska......................  Lincoln...............        $8,900,000
Nevada........................  Reno-Tahoe                    $5,200,000
                                 International Airport.
New York......................  Gabreski Airport......        $8,400,000
Pennsylvania..................  Fort Indiantown Gap...       $12,700,000
Rhode Island..................  Quonset State Airport.        $5,000,000
South Dakota..................  Joe Foss Field........        $7,900,000
Tennessee.....................  McGhee-Tyson Airport..        $3,200,000
                                Memphis International        $11,376,000
                                 Airport.
Vermont.......................  Burlington............        $6,600,000
West Virginia.................  Eastern West Virginia        $50,776,000
                                 Regional Airport-
                                 Shepherd Field.
                                Yeager................       $17,300,000
Wisconsin.....................  Truax Field...........        $7,300,000
------------------------------------------------------------------------

     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:


[[Page S12677]]



                           Air Force Reserve
------------------------------------------------------------------------
             State                     Location              Amount
------------------------------------------------------------------------
Alaska........................  Elmendorf Air Force          $14,950,000
                                 Base.
Utah..........................  Hill Air Force Base...        $3,200,000
------------------------------------------------------------------------

     SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, 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, 
     $458,515,000; and
       (B) for the Army Reserve, $134,684,000.
       (2) For the Department of the Navy, for the Navy and Marine 
     Corps Reserve, $59,150,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $216,417,000; and
       (B) for the Air Force Reserve, $26,559,000.

     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, 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),      Storage facility......        $9,038,000
 Texas.
------------------------------------------------------------------------

     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 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,            Multipurpose training        $15,338,000
 Pennsylvania.                   range.
------------------------------------------------------------------------

     SEC. 2611. RELOCATION OF UNITS FROM ROBERTS UNITED STATES 
                   ARMY RESERVE CENTER AND NAVY-MARINE CORPS 
                   RESERVE CENTER, BATON ROUGE, LOUISIANA.

       For the purpose of siting an Army Reserve Center and Navy-
     Marine Corps Reserve Center for which funds are authorized to 
     be appropriated in this Act in Baton Rouge, Louisiana, the 
     Secretary of the Army may use land under the control of the 
     State of Louisiana adjacent to, or in the vicinity of the 
     Baton Rouge airport, Baton Rouge, Louisiana at a location 
     determined by the Secretary to be in the best interest of 
     national security and in the public interest.

          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 $220,689,000, as follows:
       (1) For the Department of the Army, $73,716,000.
       (2) For the Department of the Air Force, $143,260,000.
       (3) 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.

       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 $8,174,315,000, 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.

     SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS.

       For military construction projects carried out using 
     amounts appropriated pursuant to the authorization of 
     appropriations in sections 2701

[[Page S12678]]

     and 2703 of this title and section 2405(a)(8) of the Military 
     Construction Authorization Act for Fiscal Year 2007 (division 
     B of Public Law 109-364; 120 Stat. 2460), section 2853 of 
     title 10, United States Code, shall apply for variations to 
     the cost and scope of work for each military construction 
     project requested to the congressional defense committees as 
     part of the budget justification materials submitted to 
     Congress in support of the Department of Defense budget for 
     fiscal year 2007 and 2008 (as submitted with the budget of 
     the President under section 1105(a) of title 31, United 
     States Code).

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

      Subtitle A--Effective Date and Expiration of Authorizations

     SEC. 2801. EFFECTIVE DATE.

       Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX 
     shall take effect on the later of--
       (1) October 1, 2007; or
       (2) the date of the enactment of this Act.

     SEC. 2802. 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 XXVI and 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.

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

     SEC. 2811. GENERAL MILITARY CONSTRUCTION TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--
       (1) Authority.--Upon a determination by the Secretary of a 
     military department, or with respect to the Defense Agencies, 
     the Secretary of Defense, that such action is necessary in 
     the national interest, the Secretary concerned may transfer 
     amounts of authorizations made available to that military 
     department or Defense Agency in this division for fiscal year 
     2008 between any such authorizations for that military 
     department or Defense Agency for that fiscal year. Amounts of 
     authorizations so transferred shall be merged with and be 
     available for the same purposes as the authorization to which 
     transferred.
       (2) Aggregate limit.--The aggregate amount of 
     authorizations that the Secretaries concerned may transfer 
     under the authority of this section may not exceed 
     $200,000,000.
       (b) Limitation.--The authority provided by this section to 
     transfer authorizations may only be used to fund increases in 
     the cost or scope of military construction projects that have 
     been authorized by law.
       (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 concerned shall 
     promptly notify Congress of each transfer made by that 
     Secretary under subsection (a).

     SEC. 2812. 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) Increased Maximum Lease Amount Applicable to Foreign 
     Military Family Housing Leases.--Subsection (e) of such 
     section is amended--
       (1) in paragraph (1)--
       (A) by striking ``(1)'' and inserting ``(1)(A)'';
       (B) by striking the second sentence; and
       (C) by adding at the end the following new subparagraph:
       ``(B)(i) Subject to clause (ii), the maximum lease amounts 
     in subparagraph (A) may be waived and increased up to a 
     maximum of $100,000 per unit per year.
       ``(ii) The Secretary concerned may not exercise the waiver 
     authority under clause (i) until the Secretary has notified 
     the congressional defense committees of such proposed waiver 
     and the reasons therefor and a period of 21 days has elapsed 
     or, if over sooner, 14 days after such notice is provided in 
     an electronic medium pursuant to section 480 of this 
     title.'';
       (2) in paragraph (2), 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''; and
       (3) in paragraph (4), by striking ``$35,000'' and inserting 
     ``$35,050''.
       (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''.

     SEC. 2813. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR 
                   MILITARY CONSTRUCTION PROJECTS.

       (a) Increase.--Section 2805(a)(1) of title 10, United 
     States Code, is amended--
       (1) by striking ``$1,500,000'' and inserting 
     ``$2,500,000''; and
       (2) by striking ``$3,000,000'' and inserting 
     ``$4,000,000''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2007.

     SEC. 2814. MODIFICATION AND EXTENSION OF TEMPORARY, LIMITED 
                   AUTHORITY TO USE OPERATION AND MAINTENANCE 
                   FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE 
                   UNITED STATES.

       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--
       (1) in subsection (a), by striking ``2007'' and inserting 
     ``2008''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``(1) The total'' and 
     inserting ``The total''; and
       (B) by striking paragraphs (2) and (3).

     SEC. 2815. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF 
                   DEPARTMENT OF DEFENSE LABORATORIES THROUGH 
                   UNSPECIFIED MINOR MILITARY CONSTRUCTION 
                   PROJECTS.

       (a) Laboratory Revitalization.--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--
       (1) 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 $1,000,000; or
       (2) 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 
     $2,500,000.
       (b) Fiscal Year Limitation Applicable to Individual 
     Laboratories.--For purposes of this section, 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 subsection (a).
       (c) Laboratory Defined.--In this section, the term 
     ``laboratory'' includes--
       (1) a research, engineering, and development center;
       (2) a test and evaluation activity; and
       (3) any buildings, structures, or facilities located at and 
     supporting such center or activity.
       (d) Sunset.--The authority to carry out a project under 
     this section expires on September 30, 2012.

     SEC. 2816. 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 to read as follows:
       ``(d) Reports Required.--Not later than March 1, 2007, and 
     March 1, 2009, the Secretary of Defense shall submit to the 
     congressional committees reports on the program authorized by 
     this section. Each report shall include a list and 
     description of the construction projects carried out under 
     the program, including the location and cost of each 
     project.''.

     SEC. 2817. 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

[[Page S12679]]

     amended by striking ``September 30, 2007'' and inserting 
     ``September 30, 2010''.

     SEC. 2818. 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)''.

        Subtitle C--Real Property and Facilities Administration

     SEC. 2831. REQUIREMENT TO REPORT TRANSACTIONS RESULTING IN 
                   ANNUAL COSTS OF MORE THAN $750,000.

       Section 2662(a)(1) of title 10, United States Code, is 
     amended--
       (1) by striking ``or his designee'' and inserting ``or the 
     Secretary's designee, or with respect to a Defense Agency, 
     the Secretary of Defense or the Secretary's designee''; and
       (2) 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. 2832. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS 
                   PROPERTY.

       (a) Increased Use of Competitive Procedures for Selection 
     of Certain Lessees.--Section 2667(h)(1) of title 10, United 
     States Code, is amended 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''.
       (b) Modification of Authorities Related to Facilities 
     Operation Support.--
       (1) Elimination of authority to accept facilities operation 
     support as in-kind consideration.--Section 2667(c)(1) of 
     title 10, United States Code, is amended--
       (A) by striking subparagraph (D); and
       (B) by redesignating subparagraph (E) as subparagraph (D).
       (2) Elimination of authority to use rental and certain 
     other proceeds for facilities operation support.--Section 
     2667(e)(1)(C) of title 10, United States Code, is amended by 
     striking clause (iv).
       (c) Technical Amendments.--Section 2667(e) of title 10, 
     United States Code, is further 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. 2833. ENHANCED FLEXIBILITY TO CREATE OR EXPAND BUFFER 
                   ZONES.

       Section 2684a(d) 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;
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Subject to the availability of appropriations for 
     such purpose, an agreement with an eligible entity under 
     subsection (a)(2) may provide for the management of natural 
     resources and the contribution by the United States towards 
     natural resource management costs on any real property in 
     which a military department has acquired any right title or 
     interest in accordance with paragraph (1)(A) where there is a 
     demonstrated need to preserve or restore habitat for purposes 
     of subsection (a)(2).''; and
       (3) in paragraph (4)(C), as redesignated by paragraph (1), 
     by striking ``paragraph (4)'' and inserting ``paragraph (5), 
     unless the Secretary concerned certifies in writing to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives that the military value to the United States 
     as a result of the acquisition of such property or interest 
     in property justifies the payment of costs in excess of the 
     fair market value of such property or interest. Such 
     certification shall include a detailed description of the 
     military value to be obtained in each such case. The 
     Secretary concerned may not acquire such property or interest 
     until 14 days after the date on which the certification is 
     provided to the Committees or, if earlier, 10 days after the 
     date on which a copy of such certification is provided in an 
     electronic medium pursuant to section 480 of this title''.

     SEC. 2834. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL 
                   RANGES.

       (a) Report on Utilization and Potential Expansion of Army 
     Operational Ranges.--Section 2827(c) of the Military 
     Construction Authorization Act for Fiscal Year 2007 (division 
     B of Public Law 109-364; 120 Stat. 2479) is amended--
       (1) in paragraph (1), by striking ``February 1, 2007'' and 
     inserting ``December 31, 2007''; and
       (2) in paragraph (2)--
       (A) in subparagraph (B), by amending clauses (iv) and (v) 
     to read as follows:
       ``(iv) 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; or
       ``(v) high operational tempos or surge requirements.''; and
       (B) by adding at the end the following new subparagraphs:
       ``(F) 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 that is 
     under the control of the United States Forest Service.
       ``(G) An analysis of the impact of the proposal described 
     in subparagraph (B)(iv) 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--
       ``(i) the projected utilization of the Army's three combat 
     training centers 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
       ``(ii) the projected utilization of such ranges if at least 
     one of those six brigades would be based in Germany.
       ``(H) If the analysis required by subparagraph (G) 
     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.--
       (1) Report required.--Not later than December 31, 2007, the 
     Secretary of the Navy shall submit to the congressional 
     defense committees a report containing an assessment of the 
     operational ranges used to support training and range 
     activities of the Marine Corps.
       (2) Content.--The report required under paragraph (1) shall 
     include the following information:
       (A) The size, description, and mission-essential tasks 
     supported by each major Marine Corps operational range during 
     fiscal year 2003.
       (B) 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.
       (C) 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.
       (D) A description of the Secretary's prioritization process 
     and investment strategy to address the potential expansion or 
     upgrade of Marine Corps operational ranges.
       (E) 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.
       (F) 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.
       (3) Definitions.--In this subsection:
       (A) The term ``Marine Corps 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 Navy that are 
     used by or available to the United States Marine Corps.
       (B) The term ``range activities'' has the meaning given 
     that term in section 101(e)(2) of such title.

     SEC. 2835. 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) Options for Military Construction Projects.--
       ``(1) Authority.--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 department.
       ``(2) Consideration.--As consideration for an option 
     acquired under paragraph (1), the Secretary may pay, from 
     funds available to the department for real property 
     activities, an amount that is not more than 12 percent of the 
     appraised fair market value of the property.''.
       (b) Conforming Amendments.--
       (1) Repeal of superseded authority.--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.

                Subtitle D--Base Closure and Realignment

     SEC. 2841. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.

       Not later than December 1, 2007, 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.

[[Page S12680]]

     SEC. 2842. 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.

     SEC. 2843. AUTHORITY TO RELOCATE THE JOINT SPECTRUM CENTER TO 
                   FORT MEADE, MARYLAND.

       (a) Authority to Carry Out Relocation Agreement.--If deemed 
     to be in the best interest of national security and to the 
     physical protection of personnel and missions of the 
     Department of Defense, 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, subject to an 
     agreement between the lease holder and the Department of 
     Defense for 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 must 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.

                      Subtitle E--Land Conveyances

     SEC. 2851. 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, 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) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance specified in such subsection, all right, title, 
     and interest in and to all or any portion of 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.
       (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 Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsections (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2852. 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 (111 Stat. 2005) is 
     amended--
       (1) in subsection (a)(3), by striking ``at fair market 
     value'' and inserting ``without consideration'';
       (2) by amending subsection (b)(2) to read as follows:
       ``(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) by amending subsection (c)(2) to read as follows:
       ``(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 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 inserting 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. 2853. TRANSFER OF ADMINISTRATIVE JURISDICTION, GSA 
                   PROPERTY, SPRINGFIELD, VIRGINIA.

       (a) Transfer Authorized.--The Administrator of General 
     Services (in this section referred to as ``the 
     Administrator'') may transfer to the administrative 
     jurisdiction of the Secretary of the Army a parcel of real 
     property consisting of approximately 69.5 acres and 
     containing warehouse facilities in Springfield, Virginia, 
     known as the ``GSA Property'' for the purpose of permitting 
     the Secretary to construct facilities on the property to 
     support administrative functions to be located at Fort 
     Belvoir, Virginia.
       (b) Consideration.--
       (1) In general.--As consideration for the property to be 
     transferred by the Administrator, the Secretary of the Army 
     shall--
       (A) pay all reasonable costs to move furnishings, 
     equipment, and other material related to the relocation of 
     functions identified by the Administrator;
       (B) if deemed necessary by the Administrator, transfer to 
     the administrative jurisdiction of the Administrator a parcel 
     of property in the National Capital Region determined to be 
     suitable to the Administrator;
       (C) if deemed necessary by the Administrator, design and 
     construct storage facilities, utilities, security measures, 
     and access to a road infrastructure on the parcel to meet the 
     requirements of the Administrator; and
       (D) if deemed necessary by the Administrator, enter into a 
     memorandum of agreement with the Administrator for support 
     services and security at the new facilities constructed 
     pursuant to subsection (a).
       (2) Fair market value limitation.--The consideration 
     provided by the Secretary under paragraph (1) may not exceed 
     the fair market value of the property transferred by the 
     Administrator under subsection (a).
       (c) Administration of Transferred Property.--Upon 
     completion of the transfer under subsection (a), the 
     transferred property shall be administered by the Secretary 
     as a part of Fort Belvoir, Virginia.
       (d) Description of Property.--The exact acreage and legal 
     description of the property or properties to be conveyed 
     under this section shall be determined by surveys 
     satisfactory to the Administrator and the Secretary.
       (e) Status Report.--Not later than November 30, 2007, the 
     Administrator and the Secretary shall jointly submit to the 
     congressional defense committees a report on the status and 
     estimated costs of the transfer under subsection (a).

     SEC. 2854. 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 Native American education and training.
       (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:

[[Page S12681]]

       (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) 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. 2855. 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 (h).
       (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 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 of the Coast Guard 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 without further 
     appropriation and shall remain available 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 City shall remediate any 
     and all contaminants existing on their respective properties 
     to levels required by applicable state and Federal 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 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 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 of Detroit.
       (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 an exchange authorized by this section shall 
     expire 3 years after the date of enactment of this Act.

     SEC. 2856. 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, consisting of 
     approximately 50 acres 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 Response.--The Secretary of Defense shall 
     manage and carry out environmental response activities with 
     respect to the property described in subsection (b) as 
     expeditiously as possible, consistent with the Department's 
     prioritization of formerly used Defense sites based on risk 
     and the requirements of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 and the 
     Solid Waste Disposal Act, using amounts made available from 
     the account established by section 2703(a)(5) of title 10, 
     United States Code.
       (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. 2857. 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''.

                       Subtitle F--Other Matters

     SEC. 2861. 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.

[[Page S12682]]

       (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 dependants of 
     members of the Armed Forces and civilian employees of the 
     Department of Defense.

     SEC. 2862. MODIFICATION OF LAND MANAGEMENT RESTRICTIONS 
                   APPLICABLE TO UTAH NATIONAL DEFENSE LANDS.

       Section 2815 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852) is 
     amended--
       (1) in subsection (a), by striking ``that are adjacent to 
     or near the Utah Test and Training Range and Dugway Proving 
     Ground or beneath'' and inserting ``that are beneath''; and
       (2) by adding at the end the following new subsection:
       ``(e) Sunset Date.--This section shall expire on October 1, 
     2013.''.

     SEC. 2863. ADDITIONAL PROJECT IN RHODE ISLAND.

       In carrying out section 2866 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364; 120 Stat. 2499), 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 any interest of the State of 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 
     State, in coordination with the Secretary.

     SEC. 2864. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ACTIONS 
                   TO ADDRESS ENCROACHMENT OF MILITARY 
                   INSTALLATIONS.

       (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 Range 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;
       (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; and
       (4) provide significant additional resources to the 
     program, to include dedicated staffing at the installation 
     level and additional emphasis on outreach programs at all 
     levels.
       (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. 2865. REPORT ON WATER CONSERVATION PROJECTS.

       (a) Report Required.--Not later than April 1, 2008, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the funding and effectiveness 
     of water conservation projects at Department of Defense 
     facilities.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) a description, by type, of the amounts invested or 
     budgeted for water conservation projects by the Department of 
     Defense in fiscal years 2006, 2007, and 2008;
       (2) an assessment of the investment levels required to meet 
     the water conservation requirements of the Department of 
     Defense under Executive Order No. 13423 (January 24, 2007);
       (3) an assessment of whether water conservation projects 
     should continue to be funded within the Energy Conservation 
     Investment Program or whether the water conservation efforts 
     of the Department would be more effective if a separate water 
     conservation investment program were established;
       (4) an assessment of the demonstrated or potential 
     reductions in water usage and return on investment of various 
     types of water conservation projects, including the use of 
     metering or control systems, xeriscaping, waterless urinals, 
     utility system upgrades, and water efficiency standards for 
     appliances used in Department of Defense facilities; and
       (5) recommendations for any legislation, including any 
     changes to the authority provided under section 2866 of title 
     10, United States Code, that would facilitate the water 
     conservation goals of the Department, including the water 
     conservation requirements of Executive Order No. 13423 and 
     DoD Instruction 4170.11.

     SEC. 2866. REPORT ON HOUSING PRIVATIZATION INITIATIVES.

       (a) Report Required.--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 Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on housing privatization transactions carried out by 
     the Department of Defense that are behind schedule or in 
     default.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A list of current housing privatization transactions 
     carried out by the Department of Defense that are behind 
     schedule or in default.
       (2) In each case in which a transaction is behind schedule 
     or in default, a description of--
       (A) the reasons for schedule delays, cost overruns, or 
     default;
       (B) how solicitations and competitions were conducted for 
     the project;
       (C) how financing, partnerships, legal arrangements, 
     leases, or contracts in relation to the project were 
     structured;
       (D) which entities, including Federal entities, are bearing 
     financial risk for the project, and to what extent;
       (E) 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;
       (F) the extent to which the Federal Government has the 
     ability to affect the performance of various parties involved 
     in the project;
       (G) 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;
       (H) remedies available to the Federal Government to affect 
     receivership actions or transfer of ownership of the project; 
     and
       (I) names of the developers for the project and any history 
     of previous defaults or bankruptcies by these developers or 
     their affiliates.
       (3) In each case in which a project is behind schedule or 
     in default, recommendations regarding the opportunities for 
     the Federal Government to ensure that all terms of the 
     transaction are completed according to the original schedule 
     and budget.

     SEC. 2867. 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;

[[Page S12683]]

       (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.

     SEC. 2868. 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 (Public Law 106-398; 
     114 Stat. 1654A-355) is repealed.

      TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

     SEC. 2901. AUTHORIZED WAR-RELATED ARMY CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2902(1), 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
------------------------------------------------------------------------
                                      Installation or
             Country                     Location             Amount
------------------------------------------------------------------------
Afghanistan......................  Bagram Air Base.....     $116,800,000
Iraq.............................  Camp Adder..........      $80,650,000
                                   Al Asad.............      $86,100,000
                                   Camp Anaconda.......      $88,200,000
                                   Fallujah............         $880,000
                                   Camp Marez..........         $880,000
                                   Mosul...............      $43,000,000
                                   Q-West..............      $26,000,000
                                   Camp Ramadi.........         $880,000
                                   Scania..............       $5,000,000
                                   Camp Speicher.......     $103,700,000
                                   Camp Taqqadum.......         $880,000
                                   Tikrit..............      $43,000,000
                                   Camp Victory........      $34,400,000
                                   Camp Warrior........         $880,000
                                   Various Locations...     $102,000,000
------------------------------------------------------------------------

     SEC. 2902. AUTHORIZATION OF WAR-RELATED MILITARY CONSTRUCTION 
                   APPROPRIATIONS, ARMY.

       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 $752,650,000 as follows:
       (1) For military construction projects outside the United 
     States authorized by section 2901(a), $733,250,000.
       (2) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $19,400,000.

 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

     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 $9,539,693,000, to be 
     allocated as follows:
       (1) For weapons activities, $6,472,172,000.
       (2) For defense nuclear nonproliferation activities, 
     $1,809,646,000.
       (3) For naval reactors, $808,219,000.
       (4) For the Office of the Administrator for Nuclear 
     Security, $399,656,000.
       (5) For the International Atomic Energy Agency Nuclear Fuel 
     Bank, $50,000,000.
       (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 $5,410,905,000.
       (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, $15,000,000.

     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 $663,074,000.

     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 $242,046,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

     SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.

       (a) Limitation on Availability of Funds.--Of the amount 
     authorized to be appropriated under section 3101(a)(1) for 
     weapons activities for fiscal year 2008, not more than 
     $195,069,000 may be obligated or expended for the Reliable 
     Replacement Warhead program under section 4204a of the Atomic 
     Energy Defense Act (50 U.S.C. 2524a).
       (b) Prohibition on Availability of Funds for Certain 
     Activities.--No funds referred to in subsection (a) may be 
     obligated or expended for activities under the Reliable 
     Replacement Warhead program beyond phase 2A activities.

     SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE 
                   MATERIALS DISPOSITION PROGRAM.

       (a) Limitation Pending Report on Use of Prior Fiscal Year 
     Funds.--No fiscal year 2008 Fissile Materials Disposition 
     program funds may be obligated or expended 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 October 1, 2007.
       (b) Limitation Pending Certification on Use of Current 
     Fiscal Year Funds.--
       (1) In general.--Within fiscal year 2008 Fissile Materials 
     Disposition program funds, the aggregate amount that may be 
     obligated for the Fissile Materials Disposition program may 
     not exceed such amount as the Secretary, in consultation with 
     the Administrator, certifies to the congressional defense 
     committees will be obligated for that program in fiscal years 
     2008 and 2009.

[[Page S12684]]

       (2) Availability of unutilized funds absent 
     certification.--If the Secretary does not make a 
     certification under paragraph (1), fiscal year 2008 Fissile 
     Materials Disposition program funds shall not be available 
     for the Fissile Materials Disposition program, but shall be 
     available instead 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).
       (3) Availability of unutilized funds under certification of 
     partial use.--If the aggregate amount of funds certified 
     under paragraph (1) as to be obligated for the Fissile 
     Materials Disposition program in fiscal years 2008 and 2009 
     is less than the amount of the fiscal year 2008 Fissile 
     Materials Disposition program funds, an amount within fiscal 
     year 2008 Fissile Materials Disposition program funds that is 
     equal to the difference between the amount of fiscal year 
     2008 Fissile Materials Disposition program funds and such 
     aggregate amount shall not be available for the Fissile 
     Materials Disposition program, but shall be available instead 
     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. 3113. 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''.

                       Subtitle C--Other Matters

     SEC. 3121. 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. 3122. SENSE OF CONGRESS ON THE NUCLEAR NONPROLIFERATION 
                   POLICY OF THE UNITED STATES AND THE RELIABLE 
                   REPLACEMENT WARHEAD PROGRAM.

       It is the sense of Congress that--
       (1) the United States should reaffirm 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 Senate should ratify the Comprehensive Nuclear-
     Test-Ban Treaty, opened for signature at New York September 
     10, 1996;
       (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, and how such programs and plans, including plans for 
     any new weapons or warheads, 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. 3123. 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.--On the date described in subsection (d), 
     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 described in subsection (c) 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 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 the progress made in streamlining risk 
     reduction processes of the environmental management program 
     of the Department.
       (3) An assessment of the progress made in improving the 
     responsiveness and effectiveness of the environmental 
     management program of the Department.
       (4) Any proposals for legislation that the Secretary 
     considers necessary to carry out the environmental management 
     initiatives described in subsection (c) and the justification 
     for each such proposal.
       (5) A list of the mandatory milestones and commitments set 
     forth in each enforceable cleanup agreement or other type of 
     agreement covering or applicable to environmental management 
     and cleanup activities at any site of the Department, the 
     status of the efforts of the Department to meet such 
     milestones and commitments, and if the Secretary determines 
     that the Department will be unable to achieve any such 
     milestone or commitment, a statement setting forth the 
     reasons the Department will be unable to achieve such 
     milestone or commitment.
       (6) An estimate of the life cycle cost of the environmental 
     management program, including the following:
       (A) A list of the environmental projects being reviewed for 
     potential inclusion in the environmental management program 
     as of October 1, 2007, and an estimated date by which a 
     determination will be made to include or exclude each such 
     project.
       (B) A list of environmental projects not being considered 
     for potential inclusion in the environmental management 
     program as of October 1, 2007, but that are likely to be 
     included in the next five years, and an estimated date by 
     which a determination will be made to include or exclude each 
     such project.
       (C) A list of projects in the environmental management 
     program as of October 1, 2007, for which an audit of the cost 
     estimate of the project has been completed, and the estimated 
     date by which such an audit will be completed for each such 
     project for which such an audit has not been completed.
       (D) The estimated schedule for production of a revised life 
     cycle cost estimate for the environmental management program 
     incorporating the information described in subparagraphs (A), 
     (B), and (C).
       (c) Initiatives Described.--The environmental management 
     initiatives described in this subsection are the initiatives 
     arising out of the report titled ``Top-to-Bottom Review of 
     the Environmental Management Program'' and dated February 4, 
     2002, with respect to the environmental restoration and waste 
     management activities of the Department in carrying out 
     programs necessary for national security.
       (d) Date of Submittal.--The date described in this 
     subsection is the date on which the budget justification 
     materials in support of the Department of Energy budget for 
     fiscal year 2009

[[Page S12685]]

     (as submitted with the budget of the President under section 
     1105(a) of title 31, United States Code) are submitted to 
     Congress.
       (e) Review by Comptroller General.--Not later than 180 days 
     after the date described in subsection (d), the Comptroller 
     General shall submit to the congressional defense committees 
     a report containing a review of the report required by 
     subsection (a).

     SEC. 3124. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF ENERGY 
                   PROTECTIVE FORCE MANAGEMENT.

       (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 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.
       (b) Contents.--The report shall include the following:
       (1) A description of the management and contractual 
     structure for protective forces at each Department of Energy 
     site with Category I nuclear materials.
       (2) A statement of the number and category of protective 
     force members at each site described in paragraph (1) and an 
     assessment of whether the protective force at each such 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.
       (3) A description of the manner in which each site 
     described in paragraph (1) 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 the moving to a tactical response force at such site.
       (4) A description of the extent to which the protective 
     force at each site described in paragraph (1) has been 
     assigned or is responsible for law enforcement or law-
     enforcement related activities.
       (5) An analysis comparing the management, training, pay, 
     benefits, duties, responsibilities, and assignments of the 
     protective force at each site described in paragraph (1) with 
     the management, training, pay, benefits, duties, 
     responsibilities, and assignments of the Federal 
     transportation security force of the Department of Energy.
       (6) A statement of options for managing the protective 
     force at sites described in paragraph (1) 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.
       (c) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.

     SEC. 3125. 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 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. FINDINGS.

       Congress makes the following findings:
       (1) The possibility that terrorists may acquire and use a 
     nuclear weapon against the United States is the most horrific 
     threat that our Nation faces.
       (2) The September 2006 ``National Strategy for Combating 
     Terrorism'' issued by the White House states, ``Weapons of 
     mass destruction in the hands of terrorists is one of the 
     gravest threats we face.''
       (3) Former Senator and cofounder of the Nuclear Threat 
     Initiative Sam Nunn has stated, ``Stockpiles of loosely 
     guarded nuclear weapons material are scattered around the 
     world, offering inviting targets for theft or sale. We are 
     working on this, but I believe that the threat is outrunning 
     our response.''.
       (4) Existing programs intended to secure, monitor, and 
     reduce nuclear stockpiles, redirect nuclear scientists, and 
     interdict nuclear smuggling have made substantial progress, 
     but additional efforts are needed to reduce the threat of 
     nuclear terrorism as much as possible.
       (5) Former United Nations Secretary-General Kofi Annan has 
     said that a nuclear terror attack ``would not only cause 
     widespread death and destruction, but would stagger the world 
     economy and thrust tens of millions of people into dire 
     poverty''.
       (6) United Nations Security Council Resolution 1540 (2004) 
     reaffirms the need to combat by all means, in accordance with 
     the Charter of the United Nations, threats to international 
     peace and security caused by terrorist acts, and directs all 
     countries, in accordance with their national procedures, to 
     adopt and enforce effective laws that prohibit any non-state 
     actor from manufacturing, acquiring, possessing, developing, 
     transporting, transferring, or using nuclear, chemical, or 
     biological weapons and their means of delivery, in particular 
     for terrorist purposes, and to prohibit attempts to engage in 
     any of the foregoing activities, participate in them as an 
     accomplice, or assist or finance them.
       (7) The Director General of the International Atomic Energy 
     Agency, Dr. Mohammed ElBaradei, has said that it is a ``race 
     against time'' to prevent a terrorist attack using a nuclear 
     weapon.
       (8) The International Atomic Energy Agency plays a vital 
     role in coordinating efforts to protect nuclear materials and 
     to combat nuclear smuggling.
       (9) Legislation sponsored by Senator Richard Lugar, Senator 
     Pete Domenici, and former Senator Sam Nunn has resulted in 
     groundbreaking programs to secure nuclear weapons and 
     materials and to help ensure that such weapons and materials 
     do not fall into the hands of terrorists.

     SEC. 3133. 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 of the highest 
     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. 3134. 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.--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, 
     shall 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.--In furtherance of the policy 
     described in subsection (a), the President, in consultation 
     with relevant Federal departments and agencies, shall--
       (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

[[Page S12686]]

     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. 3135. ANNUAL REPORT.

       (a) In General.--Not later than September 1 of each year, 
     the President, in consultation with relevant Federal 
     departments and agencies, shall submit to Congress a report 
     on the security of nuclear weapons, formula quantities of 
     strategic special nuclear material, radiological materials, 
     and related equipment worldwide.
       (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 and radiological 
     materials, 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, formula 
     quantities of strategic special nuclear material, or 
     radiological materials.
       (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 and radiological materials, taking 
     into account risk of theft from such facilities and sites, 
     and organized by level of priority.
       (C) A prioritized diplomatic and technical 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 and radiological materials 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 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 and radiological 
     materials.
       (2) A section on efforts to establish and implement the 
     international nuclear security standard described in section 
     3134(b) and related policies.
       (c) Form.--The report may be submitted in classified form 
     but shall include a detailed unclassified summary.

     SEC. 3136. 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) in subsection (b), by striking ``March 1, 2007'' and 
     inserting ``March 1 of 2007, 2009, 2011, and 2013'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Form.--The report required by subsection (b) to be 
     submitted not later than March 1 of 2009, 2011, or 2013, 
     shall be submitted in classified form, and shall include a 
     detailed unclassified summary.''; and
       (4) in subsection (e), as redesignated, by striking ``(c)'' 
     and inserting ``(d)''.

     SEC. 3137. 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. 3138. 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 180 days after the date of the enactment 
     of this Act, submit to the congressional defense committees a 
     report containing the results of evaluation described in 
     paragraph (1).
       (b) Elements.--The evaluation described in subsection 
     (a)(1) shall include the following:
       (1) An assessment of--
       (A) the role of research into, and development of, high-
     performance computing supported by the National Nuclear 
     Security Administration in maintaining the leadership of the 
     United States in high-performance computing; and
       (B) any impact of reduced investment by the National 
     Nuclear Security Administration in such research and 
     development.
       (2) An assessment of the ability of the National Nuclear 
     Security Administration to utilize the high-performance 
     computing capability of the Department of Energy and National 
     Nuclear Security Administration national laboratories to 
     support the Stockpile Stewardship Program and nonweapons 
     modeling and calculations.
       (3) An assessment of the effectiveness of the Department of 
     Energy and the National Nuclear Security Administration in 
     sharing high-performance computing developments with private 
     industry and capitalizing on innovations in private industry 
     in high-performance computing.
       (4) A description of the strategy of the Department of 
     Energy for developing an exaflop computing capability.
       (5) An assessment of the efforts of the Department of 
     Energy to--
       (A) coordinate high-performance computing work within the 
     Department, in particular among the Office of Science, the 
     National Nuclear Security Administration, and the Office of 
     Energy Efficiency and Renewable Energy; and
       (B) develop joint strategies with other Federal Government 
     agencies and private industry groups for the development of 
     high-performance computing.

     SEC. 3139. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS 
                   CAPABILITIES.

       (a) International Agreements on Nuclear Weapons Data.--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 to conduct data 
     collection and analysis 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.
       (b) 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.
       (c) 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 
     subsections (a) and (b);
       (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.
       (d) 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.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year 
     2008, $27,499,000 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.).

                  DIVISION D--VETERAN SMALL BUSINESSES

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Military Reservist and 
     Veteran Small Business Reauthorization and Opportunity Act of 
     2007''.

     SEC. 4002. DEFINITIONS.

       In this division--
       (1) the term ``activated'' means receiving an order placing 
     a Reservist on active duty;
       (2) the term ``active duty'' has the meaning given that 
     term in section 101 of title 10, United States Code;
       (3) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (4) the term ``Reservist'' means a member of a reserve 
     component of the Armed Forces, as described in section 10101 
     of title 10, United States Code;

[[Page S12687]]

       (5) the term ``Service Corps of Retired Executives'' means 
     the Service Corps of Retired Executives authorized by section 
     8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1));
       (6) the terms ``service-disabled veteran'' and ``small 
     business concern'' have the meaning as in section 3 of the 
     Small Business Act (15 U.S.C. 632);
       (7) the term ``small business development center'' means a 
     small business development center described in section 21 of 
     the Small Business Act (15 U.S.C. 648); and
       (8) the term ``women's business center'' means a women's 
     business center described in section 29 of the Small Business 
     Act (15 U.S.C. 656).

                TITLE XLI--VETERANS BUSINESS DEVELOPMENT

     SEC. 4101. INCREASED FUNDING FOR THE OFFICE OF VETERANS 
                   BUSINESS DEVELOPMENT.

       (a) In General.--There are authorized to be appropriated to 
     the Office of Veterans Business Development of the 
     Administration, to remain available until expended--
       (1) $2,100,000 for fiscal year 2008;
       (2) $2,300,000 for fiscal year 2009; and
       (3) $2,500,000 for fiscal year 2010.
       (b) Funding Offset.--Amounts necessary to carry out 
     subsection (a) shall be offset and made available through the 
     reduction of the authorization of funding under section 
     20(e)(1)(B)(iv) of the Small Business Act (15 U.S.C. 631 
     note).
       (c) Sense of Congress.--It is the sense of Congress that 
     any amounts provided pursuant to this section that are in 
     excess of amounts provided to the Administration for the 
     Office of Veterans Business Development in fiscal year 2007, 
     should be used to support Veterans Business Outreach Centers.

     SEC. 4102. INTERAGENCY TASK FORCE.

       Section 32 of the Small Business Act (15 U.S.C. 657b) is 
     amended by adding at the end the following:
       ``(d) Interagency Task Force.--
       ``(1) Establishment.--Not later than 90 days after the date 
     of enactment of this subsection, the President shall 
     establish an interagency task force to coordinate the efforts 
     of Federal agencies necessary to increase capital and 
     business development opportunities for, and increase the 
     award of Federal contracting and subcontracting opportunities 
     to, small business concerns owned and controlled by service-
     disabled veterans and small business concerns owned and 
     controlled by veterans (in this section referred to as the 
     `task force').
       ``(2) Membership.--The members of the task force shall 
     include--
       ``(A) the Administrator, who shall serve as chairperson of 
     the task force;
       ``(B) a representative from--
       ``(i) the Department of Veterans Affairs;
       ``(ii) the Department of Defense;
       ``(iii) the Administration (in addition to the 
     Administrator);
       ``(iv) the Department of Labor;
       ``(v) the Department of the Treasury;
       ``(vi) the General Services Administration; and
       ``(vii) the Office of Management and Budget; and
       ``(C) 4 representatives from a veterans service 
     organization or military organization or association, 
     selected by the President.
       ``(3) Duties.--The task force shall coordinate 
     administrative and regulatory activities and develop 
     proposals relating to--
       ``(A) increasing capital access and capacity of small 
     business concerns owned and controlled by service-disabled 
     veterans and small business concerns owned and controlled by 
     veterans through loans, surety bonding, and franchising;
       ``(B) increasing access to Federal contracting and 
     subcontracting for small business concerns owned and 
     controlled by service-disabled veterans and small business 
     concerns owned and controlled by veterans through expanded 
     mentor-protege assistance and matching such small business 
     concerns with contracting opportunities;
       ``(C) increasing the integrity of certifications of status 
     as a small business concern owned and controlled by service-
     disabled veterans or a small business concern owned and 
     controlled by veterans;
       ``(D) reducing paperwork and administrative burdens on 
     veterans in accessing business development and 
     entrepreneurship opportunities; and
       ``(E) making other improvements relating to the support for 
     veterans business development by the Federal Government.
       ``(4) Reporting.--The task force shall submit an annual 
     report regarding its activities and proposals to--
       ``(A) the Committee on Small Business and Entrepreneurship 
     and the Committee on Veterans' Affairs of the Senate; and
       ``(B) the Committee on Small Business and the Committee on 
     Veterans' Affairs of the House of Representatives.''.

     SEC. 4103. PERMANENT EXTENSION OF SBA ADVISORY COMMITTEE ON 
                   VETERANS BUSINESS AFFAIRS.

       (a) Assumption of Duties.--Section 33 of the Small Business 
     Act (15 U.S.C. 657c) is amended--
       (1) by striking subsection (h); and
       (2) by redesignating subsections (i) through (k) as 
     subsections (h) through (j), respectively.
       (b) Permanent Extension of Authority.--Section 203 of the 
     Veterans Entrepreneurship and Small Business Development Act 
     of 1999 (15 U.S.C. 657b note) is amended by striking 
     subsection (h).

TITLE XLII--NATIONAL RESERVIST ENTERPRISE TRANSITION AND SUSTAINABILITY

     SEC. 4201. SHORT TITLE.

       This title may be cited as the ``National Reservist 
     Enterprise Transition and Sustainability Act of 2007''.

     SEC. 4202. PURPOSE.

       The purpose of this title is to establish a program to--
       (1) provide managerial, financial, planning, development, 
     technical, and regulatory assistance to small business 
     concerns owned and operated by Reservists;
       (2) provide managerial, financial, planning, development, 
     technical, and regulatory assistance to the temporary heads 
     of small business concerns owned and operated by Reservists;
       (3) create a partnership between the Small Business 
     Administration, the Department of Defense, and the Department 
     of Veterans Affairs to assist small business concerns owned 
     and operated by Reservists;
       (4) utilize the service delivery network of small business 
     development centers, women's business centers, Veterans 
     Business Outreach Centers, and centers operated by the 
     National Veterans Business Development Corporation to expand 
     the access of small business concerns owned and operated by 
     Reservists to programs providing business management, 
     development, financial, procurement, technical, regulatory, 
     and marketing assistance;
       (5) utilize the service delivery network of small business 
     development centers, women's business centers, Veterans 
     Business Outreach Centers, and centers operated by the 
     National Veterans Business Development Corporation to quickly 
     respond to an activation of Reservists that own and operate 
     small business concerns; and
       (6) utilize the service delivery network of small business 
     development centers, women's business centers, Veterans 
     Business Outreach Centers, and centers operated by the 
     National Veterans Business Development Corporation to assist 
     Reservists that own and operate small business concerns in 
     preparing for future military activations.

     SEC. 4203. NATIONAL GUARD AND RESERVE BUSINESS ASSISTANCE.

       (a) In General.--Section 21(a)(1) of the Small Business Act 
     (15 U.S.C. 648(a)(1)) is amended by inserting ``any small 
     business development center, women's business center, 
     Veterans Business Outreach Center, or center operated by the 
     National Veterans Business Development Corporation providing 
     enterprise transition and sustainability assistance to 
     Reservists under section 37,'' after ``any women's business 
     center operating pursuant to section 29,''.
       (b) Program.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended--
       (1) by redesignating section 37 (15 U.S.C. 631 note) as 
     section 38; and
       (2) by inserting after section 36 the following:

     ``SEC. 37. RESERVIST ENTERPRISE TRANSITION AND 
                   SUSTAINABILITY.

       ``(a) In General.--The Administrator shall establish a 
     program to provide business planning assistance to small 
     business concerns owned and operated by Reservists.
       ``(b) Definitions.--In this section--
       ``(1) the terms `activated' and `activation' mean having 
     received an order placing a Reservists on active duty, as 
     defined by section 101(1) of title 10, United States Code;
       ``(2) the term `Administrator' means the Administrator of 
     the Small Business Administration, acting through the 
     Associate Administrator for Small Business Development 
     Centers;
       ``(3) the term `Association' means the association 
     established under section 21(a)(3)(A);
       ``(4) the term `eligible applicant' means--
       ``(A) a small business development center that is 
     accredited under section 21(k);
       ``(B) a women's business center;
       ``(C) a Veterans Business Outreach Center that receives 
     funds from the Office of Veterans Business Development; or
       ``(D) an information and assistance center operated by the 
     National Veterans Business Development Corporation under 
     section 33;
       ``(5) the term `enterprise transition and sustainability 
     assistance' means assistance provided by an eligible 
     applicant to a small business concern owned and operated by a 
     Reservist, who has been activated or is likely to be 
     activated in the next 12 months, to develop and implement a 
     business strategy for the period while the owner is on active 
     duty and 6 months after the date of the return of the owner;
       ``(6) the term `Reservist' means any person who is--
       ``(A) a member of a reserve component of the Armed Forces, 
     as defined by section 10101 of title 10, United States Code; 
     and
       ``(B) on active status, as defined by section 101(d)(4) of 
     title 10, United States Code;
       ``(7) the term `small business development center' means a 
     small business development center as described in section 21 
     of the Small Business Act (15 U.S.C. 648);
       ``(8) the term `State' means each of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, the Virgin Islands, American Samoa, and Guam; 
     and
       ``(9) the term `women's business center' means a women's 
     business center described in section 29 of the Small Business 
     Act (15 U.S.C. 656).
       ``(c) Authority.--The Administrator may award grants, in 
     accordance with the regulations developed under subsection 
     (d), to eligible applicants to assist small business concerns 
     owned and operated by Reservists by--
       ``(1) providing management, development, financing, 
     procurement, technical, regulatory, and marketing assistance;
       ``(2) providing access to information and resources, 
     including Federal and State business assistance programs;
       ``(3) distributing contact information provided by the 
     Department of Defense regarding activated Reservists to 
     corresponding State directors;
       ``(4) offering free, one-on-one, in-depth counseling 
     regarding management, development, financing, procurement, 
     regulations, and marketing;
       ``(5) assisting in developing a long-term plan for possible 
     future activation; and

[[Page S12688]]

       ``(6) providing enterprise transition and sustainability 
     assistance.
       ``(d) Rulemaking.--
       ``(1) In general.--The Administrator, in consultation with 
     the Association and after notice and an opportunity for 
     comment, shall promulgate regulations to carry out this 
     section.
       ``(2) Deadline.--The Administrator shall promulgate final 
     regulations not later than 180 days of the date of enactment 
     of the Military Reservist and Veteran Small Business 
     Reauthorization and Opportunity Act of 2007.
       ``(3) Contents.--The regulations developed by the 
     Administrator under this subsection shall establish--
       ``(A) procedures for identifying, in consultation with the 
     Secretary of Defense, States that have had a recent 
     activation of Reservists;
       ``(B) priorities for the types of assistance to be provided 
     under the program authorized by this section;
       ``(C) standards relating to educational, technical, and 
     support services to be provided by a grantee;
       ``(D) standards relating to any national service delivery 
     and support function to be provided by a grantee;
       ``(E) standards relating to any work plan that the 
     Administrator may require a grantee to develop; and
       ``(F) standards relating to the educational, technical, and 
     professional competency of any expert or other assistance 
     provider to whom a small business concern may be referred for 
     assistance by a grantee.
       ``(e) Application.--
       ``(1) In general.--Each eligible applicant desiring a grant 
     under this section shall submit an application to the 
     Administrator at such time, in such manner, and accompanied 
     by such information as the Administrator may reasonably 
     require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall describe--
       ``(A) the activities for which the applicant seeks 
     assistance under this section; and
       ``(B) how the applicant plans to allocate funds within its 
     network.
       ``(f) Award of Grants.--
       ``(1) Deadline.--The Administrator shall award grants not 
     later than 60 days after the promulgation of final rules and 
     regulations under subsection (d).
       ``(2) Amount.--Each eligible applicant awarded a grant 
     under this section shall receive a grant in an amount not 
     greater than $300,000 per fiscal year.
       ``(g) Report.--
       ``(1) In general.--The Comptroller General of the United 
     States shall--
       ``(A) initiate an evaluation of the program not later than 
     30 months after the disbursement of the first grant under 
     this section; and
       ``(B) submit a report not later than 6 months after the 
     initiation of the evaluation under paragraph (1) to--
       ``(i) the Administrator;
       ``(ii) the Committee on Small Business and Entrepreneurship 
     of the Senate; and
       ``(iii) the Committee on Small Business of the House of 
     Representatives.
       ``(2) Contents.--The report under paragraph (1) shall--
       ``(A) address the results of the evaluation conducted under 
     paragraph (1); and
       ``(B) recommend changes to law, if any, that it believes 
     would be necessary or advisable to achieve the goals of this 
     section.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       ``(A) $5,000,000 for the first fiscal year beginning after 
     the date of enactment of the Military Reservist and Veteran 
     Small Business Reauthorization and Opportunity Act of 2007; 
     and
       ``(B) $5,000,000 for each of the 3 fiscal years following 
     the fiscal year described in subparagraph (A).
       ``(2) Funding offset.--Amounts necessary to carry out this 
     section shall be offset and made available through the 
     reduction of the authorization of funding under section 
     20(e)(1)(B)(iv) of the Small Business Act (15 U.S.C. 631 
     note).''.

                    TITLE XLIII--RESERVIST PROGRAMS

     SEC. 4301. RESERVIST PROGRAMS.

       (a) Application Period.--Section 7(b)(3)(C) of the Small 
     Business Act (15 U.S.C. 636(b)(3)(C)) is amended by striking 
     ``90 days'' and inserting ``1 year''.
       (b) Pre-Consideration Process.--
       (1) Definition.--In this subsection, the term ``eligible 
     Reservist'' means a Reservist who--
       (A) has not been ordered to active duty;
       (B) expects to be ordered to active duty during a period of 
     military conflict; and
       (C) can reasonably demonstrate that the small business 
     concern for which that Reservist is a key employee will 
     suffer economic injury in the absence of that Reservist.
       (2) Establishment.--Not later than 6 months after the date 
     of enactment of this Act, the Administrator shall establish a 
     pre-consideration process, under which the Administrator--
       (A) may collect all relevant materials necessary for 
     processing a loan to a small business concern under section 
     7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) 
     before an eligible Reservist employed by that small business 
     concern is activated; and
       (B) shall distribute funds for any loan approved under 
     subparagraph (A) if that eligible Reservist is activated.
       (c) Outreach and Technical Assistance Program.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Secretary of Veterans Affairs and the Secretary of 
     Defense, shall develop a comprehensive outreach and technical 
     assistance program (in this subsection referred to as the 
     ``program'') to--
       (A) market the loans available under section 7(b)(3) of the 
     Small Business Act (15 U.S.C. 636(b)(3)) to Reservists, and 
     family members of Reservists, that are on active duty and 
     that are not on active duty; and
       (B) provide technical assistance to a small business 
     concern applying for a loan under that section.
       (2) Components.--The program shall--
       (A) incorporate appropriate websites maintained by the 
     Administration, the Department of Veterans Affairs, and the 
     Department of Defense; and
       (B) require that information on the program is made 
     available to small business concerns directly through--
       (i) the district offices and resource partners of the 
     Administration, including small business development centers, 
     women's business centers, and the Service Corps of Retired 
     Executives; and
       (ii) other Federal agencies, including the Department of 
     Veterans Affairs and the Department of Defense.
       (3) Report.--
       (A) In general.--Not later than 6 months after the date of 
     enactment of this Act, and every 6 months thereafter until 
     the date that is 30 months after such date of enactment, the 
     Administrator shall submit to Congress a report on the status 
     of the program.
       (B) Contents.--Each report submitted under subparagraph (A) 
     shall include--
       (i) for the 6-month period ending on the date of that 
     report--

       (I) the number of loans approved under section 7(b)(3) of 
     the Small Business Act (15 U.S.C. 636(b)(3));
       (II) the number of loans disbursed under that section; and
       (III) the total amount disbursed under that section; and

       (ii) recommendations, if any, to make the program more 
     effective in serving small business concerns that employ 
     Reservists.

     SEC. 4302. RESERVIST LOANS.

       (a) In General.--Section 7(b)(3)(E) of the Small Business 
     Act (15 U.S.C. 636(b)(3)(E)) is amended by striking 
     ``$1,500,000'' each place such term appears and inserting 
     ``$2,000,000''.
       (b) Loan Information.--
       (1) In general.--The Administrator and the Secretary of 
     Defense shall develop a joint website and printed materials 
     providing information regarding any program for small 
     business concerns that is available to veterans or 
     Reservists.
       (2) Marketing.--The Administrator is authorized--
       (A) to advertise and promote the program under section 
     7(b)(3) of the Small Business Act jointly with the Secretary 
     of Defense and veterans' service organizations; and
       (B) to advertise and promote participation by lenders in 
     such program jointly with trade associations for banks or 
     other lending institutions.

     SEC. 4303. NONCOLLATERALIZED LOANS.

       Section 7(b)(3) of the Small Business Act (15 U.S.C. 
     636(b)(3)) is amended by adding at the end the following:
       ``(G)(i) Notwithstanding any other provision of law, the 
     Administrator may make a loan under this paragraph of not 
     more than $50,000 without collateral.
       ``(ii) The Administrator may defer payment of principal and 
     interest on a loan described in clause (i) during the longer 
     of--
       ``(I) the 1-year period beginning on the date of the 
     initial disbursement of the loan; and
       ``(II) the period during which the relevant essential 
     employee is on active duty.''.

     SEC. 4304. LOAN PRIORITY.

       Section 7(b)(3) of the Small Business Act (15 U.S.C. 
     636(b)(3)), as amended by this Act, is amended by adding at 
     the end the following:
       ``(H) The Administrator shall give priority to any 
     application for a loan under this paragraph and shall process 
     and make a determination regarding such applications prior to 
     processing or making a determination on other loan 
     applications under this subsection, on a rolling basis.''.

     SEC. 4305. RELIEF FROM TIME LIMITATIONS FOR VETERAN-OWNED 
                   SMALL BUSINESSES.

       Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) 
     is amended by adding at the end the following:
       ``(5) Relief from time limitations.--
       ``(A) In general.--Any time limitation on any 
     qualification, certification, or period of participation 
     imposed under this Act on any program available to small 
     business concerns shall be extended for a small business 
     concern that--
       ``(i) is owned and controlled by--

       ``(I) a veteran who was called or ordered to active duty 
     under a provision of law specified in section 101(a)(13)(B) 
     of title 10, United States Code, on or after September 11, 
     2001; or
       ``(II) a service-disabled veteran who became such a veteran 
     due to an injury or illness incurred or aggravated in the 
     active military, naval, or air service during a period of 
     active duty pursuant to a call or order to active duty under 
     a provision of law referred to in subclause (I) on or after 
     September 11, 2001; and

       ``(ii) was subject to the time limitation during such 
     period of active duty.
       ``(B) Duration.--Upon submission of proper documentation to 
     the Administrator, the extension of a time limitation under 
     subparagraph (A) shall be equal to the period of time that 
     such veteran who owned or controlled such a concern was on 
     active duty as described in that subparagraph.''.

     SEC. 4306. SERVICE-DISABLED VETERANS.

       Not later than 180 days after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report 
     describing--

[[Page S12689]]

       (1) the types of assistance needed by service-disabled 
     veterans who wish to become entrepreneurs; and
       (2) any resources that would assist such service-disabled 
     veterans.

     SEC. 4307. STUDY ON OPTIONS FOR PROMOTING POSITIVE WORKING 
                   RELATIONS BETWEEN EMPLOYERS AND THEIR RESERVE 
                   COMPONENT EMPLOYEES.

       (a) Study Required.--The Comptroller General of the United 
     States shall conduct a study on options for promoting 
     positive working relations between employers and Reserve 
     component employees of such employers, including assessing 
     options for improving the time in which employers of 
     Reservists are notified of the call or order of such members 
     to active duty other than for training.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate committees of Congress 
     a report on the study conducted under subsection (a).
       (2) Contents.--The report submitted under paragraph (1) 
     shall--
       (A) provide a quantitative and qualitative assessment of--
       (i) what measures, if any, are being taken to inform 
     Reservists of the obligations and responsibilities of such 
     members to their employers;
       (ii) how effective such measures have been; and
       (iii) whether there are additional measures that could be 
     taken to promote positive working relations between 
     Reservists and their employers, including any steps that 
     could be taken to ensure that employers are timely notified 
     of a call to active duty; and
       (B) assess whether there has been a reduction in the hiring 
     of Reservists by business concerns because of--
       (i) any increase in the use of Reservists after September 
     11, 2001; or
       (ii) any change in any policy of the Department of Defense 
     relating to Reservists after September 11, 2001.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Small Business and Entrepreneurship of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Small Business of the House of Representatives.

                  DIVISION E--MARITIME ADMINISTRATION

     SEC. 5001. SHORT TITLE.

       (a) Short Title.--This division may be cited as the 
     ``Maritime Administration Authorities Act of 2007''.

                           TITLE LI--GENERAL

     SEC. 5101. 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. 5102. 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. 5103. 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. 5104. 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. 5105. 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. 5106. 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. 5107. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES.

       (a) Plan.--Within 180 days after the date of enactment of 
     this Act, the Administrator of the Maritime Administration 
     shall develop a comprehensive plan for the review of 
     traditional applications and non-traditional applications.
       (b) Inclusions.--The comprehensive plan shall include a 
     description of the application review process that shall not 
     exceed 90 days for review of traditional applications.
       (c) Report to Congress.--The Administrator shall submit a 
     report describing the comprehensive plan to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Armed Forces.
       (d) Definitions.--In this section:
       (1) Nontraditional application.--The term ``nontraditional 
     application'' means an application for a loan, guarantee, or 
     a 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.
       (2) Traditional application.--The term ``traditional 
     application'' means an application for a loan, guarantee, or 
     a 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 been 
     approved in such an application multiple times before the 
     date of enactment of this Act without default or unreasonable 
     risk to the United States, as determined by the 
     Administrator.

                    TITLE LII--TECHNICAL CORRECTIONS

     SEC. 5201. STATUTORY CONSTRUCTION.

       The amendments made by this title make no substantive 
     change in existing law and may not be construed as making a 
     substantive change in existing law.

     SEC. 5202. PERSONAL INJURY TO OR DEATH OF SEAMEN.

       (a) Amendment.--Section 30104 of title 46, United States 
     Code, is amended by striking subsections (a) and (b) and 
     inserting the following:
       ``(a) Cause of Action.--A seaman injured in the course of 
     employment or, if the seaman dies from the injury, the 
     personal representative of the seaman may bring an action 
     against the employer. In such an action, the laws of the 
     United States regulating recovery for personal injury to, or 
     death of, a railway employee shall apply. Such an action may 
     be maintained in admiralty or, at the plaintiff's election, 
     as an action at law, with the right of trial by jury.
       ``(b) Venue.--When the plaintiff elects to maintain an 
     action at law, venue shall be in the judicial district in 
     which the employer resides or the employer's principal office 
     is located.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective as if included in the enactment of Public 
     Law 109-304.

     SEC. 5203. 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;

[[Page S12690]]

       (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. 5204. 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. 5205. 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. 5206. 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. 5207. 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

[[Page S12691]]

     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. 5208. 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''.
       (c) Oceanographic Research Vessels and Sailing School 
     Vessels.--
       (1) Section 10101(3) of title 46, United States Code, is 
     amended by inserting ``on an oceanographic research vessel'' 
     after ``scientific personnel''.
       (2) Section 50503 of title 46, United States Code, is 
     amended by striking ``An oceanographic research vessel'' and 
     all that follows and inserting the following:
       ``(a) Definitions.--In this section, the terms 
     `oceanographic research vessel' and `scientific personnel' 
     have the meaning given those terms in section 2101 of this 
     title.
       ``(b) Not Seamen.--Scientific personnel on an oceanographic 
     research vessel are deemed not to be seamen under part G of 
     subtitle II, section 30104, or chapter 303 of this title.
       ``(c) Not Engaged in Trade or Commerce.--An oceanographic 
     research vessel is deemed not to be engaged in trade or 
     commerce.''.
       (3) Section 50504(b)(1) of title 46, United States Code, is 
     amended by striking ``parts B, F, and G of subtitle II'' and 
     inserting ``part B, F, or G of subtitle II, section 30104, or 
     chapter 303''.

     SEC. 5209. 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. 5210. 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''.

                          ____________________