[Congressional Record Volume 153, Number 186 (Thursday, December 6, 2007)]
[House]
[Pages H14869-H15204]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

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                        House of Representatives

CONFERENCE REPORT ON H.R. 1585, NATIONAL DEFENSE AUTHORIZATION ACT FOR 
                      FISCAL YEAR 2008--Continued

     Assessment of sufficiency of test and evaluation personnel 
         (sec. 235)
       The House bill contained a provision (sec. 236) that would 
     require an assessment of the sufficiency of the workforce of 
     the Office of the Director of Operational Test and 
     Evaluation.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees are supportive of efforts to assess 
     accurately the required size and technical skill mix of the 
     workforce necessary to fulfill the important statutory role 
     of the Office of the Director of Operational Test and 
     Evaluation. The conferees are concerned, however, that the 
     organization is heavily reliant on contractor support. 
     Therefore, the conferees expect that this assessment will 
     also address the appropriate balance between government 
     personnel and contractor support in the organization, given 
     its critical, independent oversight role.
     Repeal of requirement for separate reports on technology area 
         review and assessment summaries (sec. 236)
       The House bill contained a provision (sec. 237) that would 
     repeal the statutory requirement for a report to Congress 
     that summarizes the Director of Defense Research and 
     Engineering's Technology Area Review and Assessment (TARA).
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees note that the role of the Director of Defense 
     Research and Engineering (DDR&E) in coordinating the science 
     and technology (S&T) programs of the military services, 
     defense agencies, Special Operations Command, other 
     departmental organizations, and other federal agencies is 
     critical to the efficient and effective execution of the 
     Department of Defense's overall S&T strategy. Further, the 
     Defense Science Board in its October 2005 report ``The Roles 
     and Authorities of the Director of Defense Research and 
     Engineering'' noted that ``. . . the DDR&E should be tasked 
     to assure that all research and development organizations are 
     implementing the strategic technology guidance of the 
     Department.''
       The conferees further note that the TARA process has been 
     replaced by a combination of S&T collaborative reviews, 
     forward looking assessments, and technology focus teams, 
     under the newly established Reliance 21 process. The 
     conferees support any efforts to improve the coordination and 
     execution of the S&T program and expect the Department to 
     keep the congressional defense committees informed of the 
     maturity and effectiveness of the new processes, as well as 
     outcomes, when appropriate, of specific technical reviews and 
     assessments.
     Modification of notice and wait requirement for obligation of 
         funds for foreign comparative test program (sec. 237)
       The Senate amendment contained a provision (sec. 251) that 
     would shorten the notice and wait time required for the 
     obligation of funds in the Foreign Comparative Test program.
       The House bill contained no similar provision.
       The House recedes.
     Strategic plan for the Manufacturing Technology Program (sec. 
         238)
       The Senate amendment contained a provision (sec. 253) that 
     would require the development of a strategic plan for the 
     Manufacturing Technology Program.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify the 
     time period covered by the plan and modify the requirements 
     for development of the plan and for its submission to 
     Congress.
       The conferees are supportive of the efforts of the 
     Manufacturing Technology Program to enhance the 
     producibility, improve the performance, and increase the 
     affordability of defense systems. The conferees note that the 
     Defense Science Board, in its recent study entitled, ``The 
     Manufacturing Technology Program: A Key to Affordably 
     Equipping the Future Force'' recommended that the Department 
     of Defense ``ensure implementation'' of the Manufacturing 
     Technology Program strategic plan and investment strategy 
     ``with periodic reviews of plan execution.'' The conferees 
     believe that this provision, as well as other manufacturing-
     related provisions adopted by the conferees, are consistent 
     with that recommendation and would support efforts to 
     identify best practices that can be used in making future 
     manufacturing technology investments and transitioning 
     technologies to the defense industrial base.
     Modification of authorities on coordination of Defense 
         Experimental Program to Stimulate Competitive Research 
         with similar federal programs (sec. 239)
       The Senate amendment contained a provision (sec. 254) that 
     would give the Department of Defense more flexibility in its 
     execution of the Defense Experimental Program to Stimulate 
     Competitive Research.
       The House bill contained no similar provision.
       The House recedes.
     Enhancement of defense nanotechnology research and 
         development program (sec. 240)
       The Senate amendment contained a provision (sec. 255) that 
     would update the program and reporting requirements for the 
     defense nanotechnology research program.
       The House bill contained no similar provision.
       The House recedes with an amendment that would modify the 
     activities and interagency coordination efforts under the 
     program and eliminate the requirement for a Comptroller 
     General study of the program.
       The conferees believe that nanotechnology can enable novel 
     future military capabilities if research efforts can be 
     matured into battlefield applications. This type of 
     technology transition is difficult for all technologies, and 
     will be difficult for nanotechnology as well. The conferees 
     believe that the Department of Defense should begin to 
     anticipate and address future technology transition issues, 
     such as manufacturing of nanosystems and developing a 
     sustainable nanotechnology industrial base.
       The conferees further see the value in supporting 
     government-wide efforts as part of the National 
     Nanotechnology Initiative and therefore direct the Department 
     to participate in all appropriate interagency activities, 
     including providing appropriate resources to support its 
     involvement in those activities.
     Federally funded research and development center assessment 
         of the Defense Experimental Program to Stimulate 
         Competitive Research (sec. 241)
       The Senate amendment contained a provision (sec. 256) that 
     would require an assessment by the Comptroller General of the 
     Defense Experimental Program to Stimulate Competitive 
     Research.

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       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Defense to utilize a defense federally funded 
     research and development center for an independent assessment 
     of the Defense Experimental Program to Stimulate Competitive 
     Research.
     Cost-benefit analysis of proposed funding reduction for High 
         Energy Laser Systems Test Facility (sec. 242)
       The Senate amendment contained a provision (sec. 258) that 
     would require a cost-benefit analysis of the proposed funding 
     reduction for the High Energy Laser Test Facility.
       The House bill contained no similar provision.
       The House recedes.
     Prompt global strike (sec. 243)
       The House bill contained a provision (sec. 124) that would 
     prohibit the Department of Defense (DOD) from obligating or 
     expending any fiscal year 2008 funds for operational 
     deployment of a weapons system that uses Trident missiles 
     converted to carry conventional payloads. The provision would 
     also direct the Secretary of Defense to notify the 
     congressional defense committees within 30 days after the 
     date on which he determines such a weapons system is fully 
     functional and is necessary to meet military requirements.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would direct the 
     Secretary of Defense to prepare and submit to the 
     congressional defense committees a research, development, and 
     test plan for capabilities that could be used in prompt 
     global strike (PGS) sytems. Further, the amendment would 
     direct the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics to submit a plan for obligation and 
     expenditure of funds for fiscal year 2008, and would prohibit 
     implementation of that plan until at least 10 days after it 
     is submitted to the congressional defense committees.
       The conferees provide no funds for the Conventional Trident 
     Modification (CTM) program. This limitation on the CTM 
     program does not preclude continued research, development, 
     test, and evaluation on subsystems or technologies previously 
     pursued under the CTM program if applicable to other PGS 
     alternatives or use of the Trident D5 as a test platform.
       The conferees have consolidated funding requested by the 
     Navy for CTM and funds requested by the Air Force for the 
     Common Aero Vehicle (CAV) into PE 64165D8Z to be used to 
     establish an integrated PGS program. Requirements for the 
     program should be provided by the United States Strategic 
     Command as informed by the ongoing analysis of alternatives 
     for PGS and the PGS technology road map.
       The conferees look to the PGS program to conduct research 
     and development in a wide variety of technology areas 
     including propulsion systems, advanced payload delivery and 
     dispensing mechanisms, system command and control, and non-
     nuclear, kinetic and non-kinetic payloads.
       The conferees note the value of developing conventional 
     prompt global strike capabilities that may be needed for 
     time-sensitive operations. Conventional prompt global strike 
     capabilities would also continue the post-Cold War trend of 
     reducing U.S. reliance on nuclear weapons by providing the 
     President with a wider variety of viable non-nuclear strike 
     options.
       The conferees remain concerned about prompt global strike 
     concepts that would employ a mixed loading of nuclear and 
     non-nuclear systems and believe that DOD should carefully 
     address these ambiguity concerns.

                   Legislative Provisions Not Adopted

     Gulf War illnesses research
       The Senate amendment contained a provision (sec. 214) that 
     would authorize a $15.0 million increase for Gulf War 
     illnesses research.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Army, 
     PE 63002A.
       The conferees direct the Secretary of the Army to utilize 
     the authorized funding for this program to undertake research 
     on Gulf War illnesses. The conferees direct that activities 
     under the program should include studies of treatments for 
     the complex of symptoms commonly referred to as ``Gulf War 
     Illness''; and identification of objective markers for Gulf 
     War Illness. The conferees recommend that no studies based on 
     psychiatric illness and psychological stress as the central 
     cause of Gulf War Illness be funded under the program. The 
     conferees direct that the program be conducted using 
     competitive selection and peer review for the identification 
     of research with the highest technical merit and military 
     value. Further, the conferees direct that this program be 
     coordinated with similar activities in the Department of 
     Veterans Affairs and the National Institutes of Health.
     Increased funds for X Lab battlespace laboratory
       The House bill contained a provision (sec. 227) that would 
     authorize an increase of $10.0 million for the X Lab 
     battlespace laboratory.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation 
     (RDT&E), Defense-wide, line 30.
     Modeling, analysis, and simulation of military and non-
         military operations in complex urban environments
       The House bill contained a provision (sec. 238) that would 
     express findings of Congress relating to modeling and 
     simulation of urban environments.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees believe that modeling and simulation 
     activities hold the promise of improving defense capabilities 
     across the spectrum of missions and have adopted a provision 
     elsewhere in this bill that reflects the high priority that 
     these activities should have. The conferees believe that 
     modeling and simulation activities show significant promise 
     in improving military and non-military capabilities for 
     operating in complex urban environments.
     Reduction of amounts for Army Venture Capital Fund 
         demonstration
       The House bill contained a provision (sec. 233) that would 
     authorize a decrease of $10.0 million for the Army Venture 
     Capital Fund demonstration.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Army, 
     PE 63125A.
     Sense of Congress concerning full support for development and 
         fielding of a layered ballistic missile defense
       The House bill included a provision (sec. 226) that would 
     express the sense of Congress concerning support for 
     development and fielding of a layered ballistic missile 
     defense system.
       The Senate amendment contained no similar provision.
       The House recedes.

                  TITLE III--OPERATION AND MAINTENANCE

     Operation and maintenance overview
       The budget request included $142.8 billion for operation 
     and maintenance for the Department of Defense.
       The House bill would authorize $142.5 billion for operation 
     and maintenance.
       The Senate amendment would authorize $143.6 billion for 
     operation and maintenance.
       The conferees agree to authorize $142.8 billion for 
     operation and maintenance for the Department of Defense.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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              Subtitle A--Authorization of Appropriations

     Operation and maintenance funding (sec. 301)
       The House bill contained a provision (sec. 301) that would 
     authorize fiscal year 2008 funding levels for all operation 
     and maintenance accounts.
       The Senate amendment contained a similar provision (sec. 
     301).
       The conference agreement includes this provision.

                  Subtitle B--Environmental Provisions

     Reimbursement of Environmental Protection Agency for certain 
         costs in connection with Moses Lake Wellfield Superfund 
         Site, Moses Lake, Washington (sec. 311)
       The House bill contained a provision (sec. 311) that would 
     authorize the Secretary of Defense to reimburse the 
     Environmental Protection Agency for certain costs in 
     connection with the Moses Lake Wellfield Superfund Site, 
     Moses Lake, Washington.
       The Senate amendment contained a similar provision (sec. 
     311).
       The House recedes.
     Reimbursement of Environmental Protection Agency for certain 
         costs in connection with the Arctic Surplus Superfund 
         Site, Fairbanks, Alaska (sec. 312)
       The House bill contained a provision (sec. 312) that would 
     authorize the Secretary of Defense to reimburse the 
     Environmental Protection Agency for certain costs in 
     connection with the Arctic Surplus Superfund Site, Fairbanks, 
     Alaska.
       The Senate amendment contained a similar provision (sec. 
     312).
       The House recedes.
     Payment to Environmental Protection Agency of stipulated 
         penalties in connection with Jackson Park Housing 
         Complex, Washington (sec. 313)
       The House bill contained a provision (sec. 313) that would 
     authorize the Secretary of the Navy to pay a stipulated 
     penalty assessed by the Environmental Protection Agency 
     against the Jackson Park Housing Complex, Washington.
       The Senate amendment contained a similar provision (sec. 
     313).
       The House recedes.
     Report on control of the brown tree snake (sec. 314)
       The Senate amendment contained a provision (sec. 314) that 
     would require a report from the Secretary of Defense on the 
     Department's efforts to control the brown tree snake on Guam 
     and prevent its introduction to other areas.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Defense to include in this report the results of 
     management, control, and eradication efforts through 
     integrated natural resource management plans prepared for 
     military installations in Guam under the pilot program 
     authorized by section 670a(g) of title 16, United States 
     Code. The amendment would also require, as part of the 
     Secretary's report, information on the Department's actions 
     to implement the recommendations of the Brown Treesnake 
     Review Panel in its final report published in March 2005.
     Notification of certain residents and civilian employees at 
         Camp Lejeune, North Carolina, of exposure to drinking 
         water contamination (sec. 315)
       The Senate amendment contained a provision (sec. 1082) that 
     would require the Secretary of the Navy to take certain steps 
     with regard to individuals who may have been exposed to 
     drinking water contamination at Camp Lejeune, North Carolina.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 
     the Secretary of the Navy to use available funds to pay for 
     the health survey required by the provision.

                 Subtitle C--Workplace and Depot Issues

     Availability of funds in Defense Information Systems Agency 
         working capital fund for technology upgrades to Defense 
         Information Systems Network (sec. 321)
       The Senate amendment contained a provision (sec. 321) that 
     would authorize the Defense Information Systems Agency to use 
     up to $500,000 of working capital funds to pay for any 
     project directly related to technology upgrades to the 
     Defense Information System Network.
       The House bill contained no similar provision.
       The House recedes with an amendment that would provide this 
     authority notwithstanding section 2208 of title 10, United 
     States Code, and clarifies the limitation on its use with 
     respect to changing a system's performance envelope.
     Modification to public-private competition requirements 
         before conversion to contractor performance (sec. 322)
       The House bill contained a provision (sec. 324) that would 
     modify the provisions of section 2461 of title 10, United 
     States Code, regarding the requirements for public-private 
     competition for the performance of a function.
       The Senate amendment contained an identical provision (sec. 
     365). The conference agreement includes this provision.
     Public-private competition at end of period specified in 
         performance agreement not required (sec. 323)
       The House bill contained a provision (sec. 325) that would 
     override the requirement in Office of Management and Budget 
     Circular A-76 that all work awarded to federal employees 
     pursuant to a public-private competition be recompeted at the 
     end of the period specified in the performance agreement.
       The Senate amendment contained a similar provision (sec. 
     370).
       The House recedes.
       The conferees note that this provision would give 
     Department of Defense managers discretion to determine 
     whether it is in the interest of the Department of Defense to 
     conduct a follow-on competition at the end of the period 
     specified in the performance agreement. Nothing in this 
     provision would prohibit the conduct of such a competition, 
     if it were determined to be in the Department's interest.
     Guidelines on insourcing new and contracted out functions 
         (sec. 324)
       The House bill contained a provision (sec. 326) that would 
     require the Under Secretary of Defense for Personnel and 
     Readiness to establish guidelines and procedures for ensuring 
     that full consideration is given to using federal employees 
     to perform new functions and other categories of work that 
     would otherwise be performed under contract.
       The Senate amendment contained a similar provision (sec. 
     368).
       The Senate recedes with an amendment that would eliminate 
     language prohibiting the Department of Defense from 
     initiating any new public-private competitions until the 
     guidelines and procedures are issued. The amendment would 
     require the Inspector General of the Department of Defense to 
     report to the Committees on Armed Services of the Senate and 
     the House of Representatives on the compliance of the 
     Secretary of Defense with the requirements of this section.
     Restriction on Office of Management and Budget influence over 
         Department of Defense public-private competitions (sec. 
         325)
       The House bill contained a provision (sec. 328) that would 
     prohibit the Office of Management and Budget (OMB) from 
     directing or requiring the Secretary of Defense or the 
     secretary of a military department to undertake a particular 
     public-private competition under OMB Circular A-76.
       The Senate amendment contained a similar provision (sec. 
     369).
       The Senate recedes with an amendment that would strike the 
     requirement that the Secretary of Defense suspend public-
     private competitions under OMB Circular A-76 and substitute a 
     requirement that the Inspector General conduct a 
     comprehensive review of the compliance of the Secretary of 
     Defense and the secretaries of the military departments with 
     the requirements of the provision.
       The conferees remain concerned about efforts by OMB to 
     intervene in internal Department of Defense (DOD) decisions 
     regarding how the Department should best be staffed to carry 
     out its vital national security functions. Most recently, the 
     Deputy Director of OMB sent a memorandum to the Deputy 
     Secretary of Defense complaining that the Department of the 
     Army had not subjected a large enough number of federal 
     employee positions to public-private competition and that DOD 
     had classified too many positions as being inappropriate for 
     public-private competition. The OMB memorandum further urged 
     DOD to actively review positions in the intelligence 
     community for possible public-private competition.
       The conferees agree that decisions about which functions 
     should be performed by DOD employees in the interest of 
     national security are best made by the Department of Defense. 
     In recent years the DOD budget has grown dramatically as the 
     Department has taken on substantial new burdens in the global 
     war on terrorism. The Department of the Army and the defense 
     intelligence agencies bear a particularly heavy share of 
     these burdens. Under these circumstances, the conferees 
     believe that DOD decisions regarding the structure of the 
     civilian workforce required to meet national defense needs 
     should be made without outside interference. Accordingly, the 
     conferees direct the Secretary of Defense to make these 
     decisions on the merits, without regard to any views that may 
     be expressed by OMB officials.
     Bid protests by federal employees in actions under Office of 
         Management and Budget Circular A-76 (sec. 326)
       The House bill contained a provision (sec. 329) that would 
     give federal employees the same right to appeal the outcome 
     of a public-private competition that contractors competing 
     against those employees already have.
       The Senate amendment contained an identical provision (sec. 
     366). The conference agreement includes this provision.
       The conferees note that this provision applies to a protest 
     of an agency decision that was made after the date of the 
     enactment of this Act, even if the competition, study, or 
     analysis which formed the basis for such decision was 
     initiated prior to the date of enactment.
     Public-private competition required before conversion to 
         contractor performance (sec. 327)
       The House bill contained a provision (sec. 330) that would 
     extend government-wide certain provisions regarding public-
     private competitions conducted by the Department of Defense.
       The Senate amendment contained an identical provision (sec. 
     367). The conference agreement includes this provision.

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     Extension of authority for Army industrial facilities to 
         engage in cooperative activities with non-Army entities 
         (sec. 328)
       The Senate amendment contained a provision (sec. 341) that 
     would amend section 4544 of title 10, United States Code, to 
     extend until September 30, 2014, the authority for any 
     working capital funded Army industrial facility to enter into 
     a contract or cooperative arrangement with a non-Army entity 
     to carry out specified military or commercial projects. This 
     provision would also provide for an annual report by the 
     Secretary of the Army explaining how the Army is using this 
     extended authority, and would require the Army to submit a 
     business case analysis on the advisability of making this 
     authority permanent.
       The House bill contained no similar provision.
       The House recedes.
     Reauthorization and modification of multi-trades 
         demonstration project (sec. 329)
       The House bill contained a provision (sec. 331) that would 
     reauthorize and expand section 338 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136) 
     to allow the Secretary of the Air Force and the Secretary of 
     the Navy to conduct demonstration projects through 2013 to 
     evaluate the benefits of promoting workers who perform 
     multiple trades.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would: (1) grant 
     the Secretary of the Army the same authority to establish a 
     multi-trades demonstration project; (2) limit demonstrations 
     to one industrial facility per service; and (3) require the 
     secretaries to make a recommendation on whether multi-trade 
     authority should become permanent.
       The conferees note that, in accordance with section 338 of 
     the National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136), the Comptroller General will submit a 
     report on the projects at the end of the demonstration.
     Pilot program for availability of working capital funds to 
         Army for certain product improvements (sec. 330)
       The House bill contained a provision (sec. 322) that would 
     amend section 2208 of title 10, United States Code, by adding 
     a new paragraph at the end granting limited authority to the 
     Department of Defense to use Defense Working Capital Funds to 
     make product improvements for weapon systems, major end 
     items, and components.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would grant 
     authority to the Secretary of the Army in a pilot program to 
     use working capital funds for certain product improvements. 
     The Senate amendment would also strike amendments to section 
     2208 of title 10, United States Code, and grant working 
     capital fund activities limited authority to spend up to $1.0 
     million to insert technology improvements into weapon systems 
     or major end items. The conferees agree that this authority 
     would expire in 2013.
       The conferees are concerned that Department of Defense 
     policy and regulations governing the implementation of the 
     authority provided in section 2208 of title 10, United States 
     Code, is undermining the Department's and services' ability 
     to use working capital fund activities, such as depot 
     maintenance activities and department-wide services, to 
     maximize equipment recapitalization and modernization. This 
     is particularly the case for the Army and the Marine Corps as 
     significant numbers of their tactical systems will cycle 
     through the depot maintenance systems as part of their reset 
     strategies over the next several years.
       The intent of the pilot program is to allow the Army to 
     demonstrate whether use of working capital funds could 
     decrease procurement lead times, implement steady workload 
     requirements at the depots, as well as improve supplier 
     workload coordination with the private sector. The conferees 
     are concerned that the Financial Management Regulation has 
     limited the authority, and therefore the intent, of section 
     2208 of title 10, United States Code, by restricting 
     technology refreshment and insertion to those components or 
     systems that would not ``significantly improve the 
     performance envelope'' of the end item. The conferees believe 
     that a less restrictive application of this authority would 
     allow working capital fund activities to acquire mission-
     related system upgrades and insert technologies that improve 
     major components of end items, such as large system engines, 
     as they would other parts to maximize depot capacity, 
     workload management, and flexibility. A less restrictive 
     application of this authority would also allow working 
     capital fund services to upgrade or refresh mission equipment 
     to increase performance and reduce costs.
       The conferees are aware of the services' concerns regarding 
     the potential impact of this authority. The conferees share 
     these concerns and, accordingly, sunset the authority in 
     2013. Additionally, the conferees direct the Army to address 
     these issues during the pilot program and in the report 
     mandated by this provision:
      (1) the definition of ``significant'' change to the 
     performance envelope of an end item;
      (2) the impact on cost, including training;
      (3) the distinction between investment and improvement 
     (i.e., service-life extensions, new capabilities, safety) and 
     their relationship to appropriation law and the role of 
     program managers;
      (4) the impact on depot competitiveness; and
      (5) the impact on performance-based logistics agreements.
       The conferees have included an annual reporting requirement 
     in this provision to ensure congressional oversight of the 
     pilot program. The annual reports will serve to inform the 
     congressional defense committees on whether this authority 
     should be considered for Department of Defense-wide 
     application.

              Subtitle D--Extension of Program Authorities

     Extension of Arsenal Support Program Initiative (sec. 341)
       The House bill contained a provision (sec. 341) that would 
     amend section 343 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (Public Law 106-398) 
     to extend the Arsenal Support Program Initiative (ASPI) 
     through fiscal year 2010.
       The Senate amendment contained a similar provision (sec. 
     342).
       The Senate recedes.
       The conferees agree that the Army's arsenals provide the 
     Nation critical manufacturing capabilities not available from 
     any other domestic source and, therefore, are vital to the 
     industrial capacity of the Department of Defense. The 
     conferees believe that for many years the Department has 
     neglected the arsenals in terms of capital investment to keep 
     pace with modern manufacturing requirements and retention of 
     core skills in the arsenal workforce.
       One of the central purposes for the creation of the ASPI 
     was to retain and possibly strengthen the viability of the 
     Army arsenals by leveraging the availability of military 
     industrial facilities and a skilled workforce and commercial 
     ventures related to the arsenals' mission. The conferees are 
     concerned that the ASPI has had limited success in 
     contributing to the arsenals' retention of skills in 
     manufacturing processes necessary to ensure these unique 
     skills are available for national security purposes. Unlike 
     initiatives at Army ammunition plants where the commercial 
     ventures are complementary or compatible to the plants' core 
     military mission, the arsenal initiatives appear to have 
     minimal connection to core mission skills. Some arsenals 
     appear to create force protection and security risks by 
     introducing relatively open access to the installations by 
     non-defense personnel. The conferees are also concerned about 
     reported conflicts over the availability and use of 
     Department-owned land and facilities. These conflicts between 
     the arsenals' military mission and ASPI-related commercial 
     ventures undermine control of the pace and scope of the 
     program that arsenal commanders and the Department must 
     retain.
       The conferees are aware that ASPI-related recapitalization 
     of critical arsenal plants and equipment has been limited. 
     Based on the congressionally mandated Department of the Army 
     report of October 5, 2007, the ASPI appears to be 
     contributing to the local economic development purposes laid 
     out in the enacting legislation. However, the $15.5 million 
     in congressionally directed funding that has supported the 
     program since fiscal year 2001 has produced only $3.1 million 
     in cost avoidance to the Army. The Army's October report 
     recommends permanent authority for the ASPI, but the 
     Department of Defense did not request any ASPI authority in 
     its fiscal year 2008 legislative package, nor did the Army 
     budget request include ASPI funding for fiscal year 2008 or 
     any future year.
       For the reasons noted above, the conferees expect the 
     Department of Defense to take action to increase the capital 
     investment and enhance the manufacturing processes and skills 
     of the Army's arsenals, either through an improved ASPI 
     program or by seeking additional statutory authorities. 
     During the additional 2 years of authorization that this 
     provision would provide, the conferees expect to see progress 
     in the selection and execution of projects that will enhance 
     the arsenals' core missions and workforce, and result in 
     contributions to the recapitalization of plants and 
     equipment.
       The conferees direct the Congressional Budget Office (CBO) 
     to conduct a business case analysis that examines the cost, 
     return on investment, and economic impact of the ASPI. 
     Furthermore, the conferees direct the Comptroller General to: 
     (1) review how effective ASPI has been in achieving the 11 
     purposes outlined in Public Law 106-398; (2) evaluate 
     variations in the ASPI implementation at the Army arsenals; 
     and (3) provide recommendations on how the ASPI could be 
     restructured to support the arsenals' core missions. The 
     conferees direct CBO and the Comptroller General to submit 
     these reports to the Committees on Armed Services of the 
     House of Representatives and Senate no later than September 
     1, 2009.
     Extension of period for reimbursement for helmet pads 
         purchased by members of the armed forces deployed in 
         contingency operations (sec. 342)
       The House bill contained a provision (sec. 342) that would 
     extend the period during which members of the armed forces 
     deployed in contingency operations may request and receive 
     reimbursement for helmet pads that were purchased at personal 
     expense. This section would cover purchases made through 
     September 30, 2007, and would give the service member up to a 
     year to submit a claim for reimbursement. This section does 
     not

[[Page H14908]]

     allow reimbursement for purchases made on behalf of a service 
     member.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Extension of temporary authority for contract performance of 
         security guard functions (sec. 343)
       The Senate amendment contained a provision (sec. 322) that 
     would continue the orderly phase-out of the temporary 
     authority for contract performance of security guard 
     functions under section 322 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314).
       The House bill contained no similar provision.
       The House recedes.

                          Subtitle E--Reports

     Reports on National Guard readiness for emergencies and major 
         disasters (sec. 351)
       The House bill contained a provision (sec. 351) that would 
     amend section 482 of title 10, United States Code, to require 
     the Department of Defense to begin reporting on the readiness 
     of the National Guard to respond to civil support mission 
     requirements. The report would be included in the quarterly 
     readiness report to Congress provided to the congressional 
     defense committees and also reported to the State governors.
       The Senate amendment contained a similar provision (sec. 
     343) that would amend sections 482 and 10541 of title 10, 
     United States Code, to require the Department of Defense to 
     routinely measure and report on the readiness of the National 
     Guard to perform domestic support missions.
       The House recedes with an amendment that would set an 
     effective date for the first report's submission to allow a 
     reasonable amount of time for the Department to develop 
     appropriate measures and processes to implement this change 
     to the reporting systems. The House amendment would also 
     require that the Department's reports refer to the National 
     Guard's duties specified in sections 331 through 333 and 
     12304(b) of title 10, United States Code. The House amendment 
     would also specify that the terms emergency and major 
     disaster are used as defined in section 5122 of title 42, 
     United States Code.
       The conferees are concerned that increased demands on the 
     personnel and equipment of the National Guard in support of 
     operations in Iraq and Afghanistan have left the States at 
     significant risk in terms of the Guard's ability to respond 
     to domestic crises. The Government Accountability Office 
     reported in January 2007, that the Department does not 
     routinely measure or report to Congress on the readiness of 
     non-deployed National Guard forces for domestic missions. The 
     conferees believe that the degree or acceptability of 
     domestic risk cannot be appropriately managed, by either the 
     Department or the States, without an accurate and reliable 
     readiness measurement and reporting system.
       The conferees intend that this provision would result in 
     the establishment of clear lines of authority and 
     responsibility for measuring and reporting readiness that 
     helps define clear lines of federal and State responsibility 
     for strategies and investment priorities to achieve and 
     maintain the appropriate levels of readiness.
       The Department has recognized the need to have more 
     visibility over the availability and repair of the National 
     Guard's equipment provided by the Department specifically for 
     its federal mission essential tasks but that is also relevant 
     and useful for the Guard's domestic support missions. The 
     conferees understand that the Department has begun to collect 
     data on this federally provided equipment and units' 
     readiness but note that these efforts are not mature.
       The conferees are pleased with the progress of the 
     development and fielding of the Defense Readiness Reporting 
     System and expect that this system would also provide the 
     basis for the measurement and management of National Guard 
     readiness for its domestic support missions.
     Annual report on prepositioned materiel and equipment (sec. 
         352)
       The House bill contained a provision (sec. 355) that would 
     amend chapter 131 of title 10, United States Code, by adding 
     a section to require the Secretary of Defense to report to 
     the congressional defense committees annually on the materiel 
     and equipment in the prepositioned stocks.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would strike the 
     reference to the obsolete Status of Resources and Training 
     system and adds a requirement for the Government 
     Accountability Office to review the report each year for 7 
     years.
       The conferees believe in the strategic importance of the 
     collection and placement of military materiel and supplies in 
     locations around the world to facilitate and speed our 
     response to crisis or contingencies. Prepositioned stocks 
     have been a critical strategic hedge in our global response 
     strategy since the Cold War, especially for our Army and 
     Marine Corps ground forces. These stocks, both stored on land 
     and on ships afloat, become even more important if we 
     anticipate continuing conflict in the global war on terror in 
     other parts of a dangerous world.
       The conferees are aware, however, that current stocks of 
     prepositioned materiel and equipment have been largely 
     distributed or consumed in support of operations in Iraq and 
     Afghanistan. The depleted condition of these stocks reduces 
     our strategic depth and flexibility and increases risk. The 
     conferees are concerned that the Department of Defense's 
     plans and resources are not aligned and sufficient to 
     aggressively reconstitute or reset prepositioned stocks to 
     reduce risk and reestablish strategic flexibility. The 
     conferees expect that this annual report will aid in 
     addressing these concerns and will enable increased 
     congressional oversight.
       Consistent with this view and enduring congressional 
     concerns, section 1046 of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375) directed the Department to conduct a policy review 
     of programs for prepositioned materiel and equipment. The 
     conferees note the arrival of an interim report, 2 years 
     late, and urge the Department to complete its analysis and 
     final report as rapidly as possible. Any plan to reconstitute 
     or reset prepositioned stocks, as the provision in this bill 
     would require, must be guided by strategic policy that 
     addresses current and future requirements and manages risk.
     Report on incremental cost of early 2007 enhanced deployment 
         (sec. 353)
       The Senate amendment contained a provision (sec. 323) that 
     would amend section 323 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364) 
     to include a reporting requirement on the incremental 
     increase in reset costs related to the deployment of 
     additional forces to Iraq.
       The House bill contained no similar provision.
       The House recedes with an amendment that would include the 
     incremental change in reset costs associated with the 
     redeployment of forces from Iraq.
       The conferees acknowledge that deployed and redeployed 
     force levels will increase and decrease consistent with 
     changes in strategy in both the current and next fiscal 
     years. This fluctuation will change the reset requirements 
     and costs over time. This provision requires the military 
     departments to identify and project the actual and potential 
     increase and decrease in costs of reset and report those 
     changes to Congress.
     Modification of requirements of Comptroller General report on 
         the readiness of Army and Marine Corps ground forces 
         (sec. 354)
       The Senate amendment contained a provision (sec. 357) that 
     would amend section 323 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364) 
     to include, as part of the reporting requirement, the 
     Comptroller General's assessment of (1) the ability of Army 
     and Marine Corps forces to meet the requirements of 
     operations in Iraq and Afghanistan, and (2) the strategic 
     depth of the Army and Marine Corps and their ability to meet 
     other contingency plans or requirements.
       The House bill contained no similar provision.
       The House recedes with an amendment that would change the 
     deadline of the report to June 1, 2008, and would clarify the 
     baseline for troop increase calculations.
     Plan to improve readiness of ground forces of active and 
         reserve components (sec. 355)
       The House bill contained a provision (sec. 352) that would 
     require the Secretary of Defense to submit an annual report 
     to the congressional defense committees regarding plans for 
     the improvement of the readiness of active and reserve 
     component ground forces.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would strike 
     reference to the obsolete Status of Resources and Training 
     System and set the expiration of this reporting requirement 
     after the receipt of five annual reports.
       The conferees support the Department of Defense's efforts 
     to modernize its readiness management system and encourage 
     the Department to use the new Defense Readiness Reporting 
     System to meet the requirements of this provision.
     Independent assessment of Civil Reserve Air Fleet viability 
         (sec. 356)
       The House bill contained a provision (sec. 354) that would 
     require the Secretary of Defense to provide for an 
     independent assessment of the viability of the Civil Reserve 
     Air Fleet (CRAF) to be conducted by a federally-funded 
     research and development center. The provision would require 
     that the independent assessment examine defense planning for 
     organic lift requirements, commercial market factors, and any 
     barriers to the viability of CRAF and provide recommendations 
     for improving the CRAF program.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     independent assessment to examine the efficacy of authorizing 
     the Department of Defense to establish minimum annual 
     purchase amounts for CRAF partners as a means for improving 
     the program's viability when operations transition from the 
     current tempo to peacetime operations.
     Department of Defense Inspector General report on physical 
         security of Department of Defense installations (sec. 
         357)
       The Senate amendment contained a provision (sec. 359) that 
     would require a report to Congress within 1 year from the 
     Department of Defense Inspector General on the physical 
     security of Department of Defense installations and 
     resources.

[[Page H14909]]

       The House bill contained no similar provision.
       The House recedes.
     Review of high-altitude aviation training (sec. 358)
       The Senate amendment contained a provision (sec. 362) that 
     would require a report by the Secretary of the Army regarding 
     potential costs and cost avoidance in permanently stationing 
     utility, cargo, and light utility helicopters at the High 
     Altitude Aviation Training Site in Colorado.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     report to be from the Secretary of Defense instead of the 
     Secretary of the Army; would change the report due date to 
     180 days after enactment; and would expand the analysis to 
     include the high-altitude and power-limited helicopter 
     training requirements, systems, and resources of all military 
     departments.
       The conferees are aware that geographic and environmental 
     conditions in Iraq and particularly the mountainous terrain 
     of Afghanistan present significant challenges to effective 
     and safe helicopter operations. The conferees note that there 
     is little evidence that the Army, or any other military 
     department, has defined a requirement for or adequately 
     resourced this type training either in basic pilot training 
     or in pre-deployment training. The conferees believe that 
     specific training in high-altitude and power-limited 
     helicopter flight can increase effectiveness and reduce 
     accident risks by ensuring that pilots and crews are properly 
     trained for these conditions.
       The conferees note that the Army National Guard provides 
     this training at the High-Altitude Aviation Training Site at 
     Gypsum, Colorado. However, because the National Guard has 
     neither the helicopters nor funds adequate to fully support 
     this training mission, units attending the training are 
     required to fund the transportation of their own equipment 
     and support personnel to Colorado. This resource shortfall 
     particularly burdens the National Guard despite the fact that 
     over 50 percent of the annual student load is active-duty 
     Army personnel.
       Furthermore, the conferees are aware that deploying 
     aviation units of all services want this training but may not 
     have the time or aircraft available to take advantage of it 
     because of the way resources are currently configured and 
     provided, or because of limitations in regulatory authorities 
     necessary to share aircraft across services.
       Accordingly, the conferees believe that the Department of 
     Defense should be responsible for a comprehensive review of 
     high-altitude and power-limited requirements and training to 
     ensure that helicopter units of all military departments 
     deploying to environments such as Iraq or Afghanistan have 
     access to appropriate and necessary pre-deployment training 
     opportunities.
     Reports on safety measures and encroachment issues and master 
         plan for Warren Grove Gunnery Range, New Jersey (sec. 
         359)
       The Senate amendment contained a provision (sec. 364) that 
     would require three annual reports on safety efforts at the 
     Warren Grove Gunnery Range by the services who use it. It 
     would also require a study by the Secretary of the Air Force 
     on encroachment issues at the range.
       The House bill contained no similar provision.
       The House recedes with an amendment that would change the 
     requirement from a report on encroachment issues to a master 
     plan for the range.
     Report on search and rescue capabilities of the Air Force in 
         the northwestern United States (sec. 360)
       The House bill contained a provision (sec. 367) that would 
     prohibit the deactivation of the 36th Rescue Flight assigned 
     to Fairchild Air Force Base in Spokane, Washington.
       The Senate amendment contained a similar provision (sec. 
     361) that would require the Secretary of the Air Force to 
     provide a report on search and rescue requirements and 
     capabilities in the northwestern United States to support Air 
     Force operations and training as well as the National Search 
     and Rescue Plan. The Senate amendment would also require the 
     Secretary of Defense to review this report for the purposes 
     of certification regarding search and rescue capabilities in 
     the northwestern United States as required by section 1085 of 
     the Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375).
       The House recedes with an amendment that would add an 
     element to the reporting requirement for an assessment of 
     non-Air Force search and rescue capabilities in the 
     northwestern United States.
     Report and master infrastructure recapitalization plan for 
         Cheyenne Mountain Air Station, Colorado (sec. 361)
       The House bill contained a provision (sec. 356) that would 
     prohibit the Secretary of Defense from proceeding with the 
     relocation of the North American Aerospace Defense (NORAD) 
     command center until 180 days after the Secretary submits a 
     report containing a cost-benefit analysis of the relocation, 
     and the final plans for the relocation. The provision would 
     also require the Comptroller General of the United States to 
     submit a review of the report and final plans not later than 
     60 days after the Secretary submits them.
       The Senate amendment contained a related provision (sec. 
     1050) that would require the Secretary of Defense to submit a 
     report, not later than 90 days after the date of enactment of 
     this Act, on the relocation of the NORAD command center, 
     including a cost-benefit analysis of the relocation and an 
     explanation of the functions that will remain at Cheyenne 
     Mountain Air Station, Colorado. The provision would also 
     require the Secretary of the Air Force to submit, not later 
     than March 16, 2008, a master infrastructure recapitalization 
     plan for Cheyenne Mountain Air Station.
       The Senate recedes with an amendment that would merge the 
     reporting requirements of the two provisions and require, as 
     an added element of the report of the Secretary of Defense, 
     the findings and recommendations of a security and 
     vulnerability assessment of Peterson Air Force Base, Colorado 
     and the Secretary's plans for mitigating any risks identified 
     in the assessment. The amendment would require the Secretary 
     to submit the report not later than March 1, 2008. The 
     amendment would also limit the availability of $5.0 million 
     of the fiscal year 2008 funds for Air Force operation and 
     maintenance for the Cheyenne Mountain transformation project 
     until Congress receives the report by the Secretary of 
     Defense. The amendment would also require the Comptroller 
     General to submit to Congress a review of the report by the 
     Secretary of Defense not later than 120 days after the 
     Secretary submits the report.

                       Subtitle F--Other Matters

     Enhancement of corrosion control and prevention functions 
         within Department of Defense (sec. 371)
       The House bill contained a provision (sec. 1041) that would 
     amend section 2228 of title 10, United States Code, to make 
     permanent and strengthen the Director of the Office of 
     Corrosion Policy and Oversight as an independent activity 
     within the Office of the Under Secretary of Defense for 
     Acquisition, Technology and Logistics. This section would 
     also require the Secretary of Defense to submit, with the 
     Department's annual budget request, a report detailing the 
     Department's long-term corrosion control and prevention 
     strategy; the return on investment achieved by implementing 
     the strategy; and an explanation of the funding request 
     versus the funding requirement. The Government Accountability 
     Office would be required to review the Secretary's report 
     within 60 days of submission.
       The Senate amendment contained a similar provision (sec. 
     351).
       The Senate recedes with an amendment that would grant the 
     Director of the Office of Corrosion Policy and Oversight 
     authority to interact directly with other government 
     corrosion prevention agencies and academic research and 
     educational institutions, including entering into cooperative 
     research agreements.
     Authority for Department of Defense to provide support for 
         certain sporting events (sec. 372)
       The House bill contained a provision (sec. 361) that would 
     amend section 2564 of title 10, United States Code, to 
     authorize the Secretary of Defense to support sporting events 
     sanctioned by the United States Olympic Committee (USOC) 
     through the Paralympic Military Program. The provision would 
     also authorize the Secretary to provide support for USOC-
     sanctioned national or international paralympic sporting 
     events when the events are held in the United States and when 
     participation exceeds 100 athletes.
       The Senate amendment contained a similar provision (sec. 
     358) that would additionally condition support for paralympic 
     sporting events to those in which at least 10 percent of the 
     athletes are members or former members of the armed forces 
     who are participating based upon an injury or wound incurred 
     in the line of duty and veterans who are participating based 
     on a service-connected disability.
       The House recedes.
     Authority to impose reasonable restrictions on payment of 
         full replacement value for lost or damaged personal 
         property transported at government expense (sec. 373)
       The House bill contained a provision (sec. 362) that would 
     authorize the Secretary of Defense to require compliance with 
     reasonable conditions for a military member or civilian 
     employee of the Department of Defense to receive full 
     replacement value for personal property lost or damaged while 
     being transported at government expense.
       The Senate amendment contained a similar provision (sec. 
     355).
       The Senate recedes with a technical amendment.
       The conferees believe that requiring service members and 
     civilian employees to submit surveys about the quality of 
     their permanent change of station moves is a reasonable 
     condition for obtaining the benefits of the full replacement 
     value standard for claims relating to lost or damaged 
     personal property. Survey data is a key factor in rating the 
     quality of service provided by individual moving companies. 
     In this regard, the conferees are concerned about potential 
     adverse effects on capable, service-oriented small business 
     movers resulting from the implementation of the full 
     replacement value standard for recovery due to higher costs 
     involved in obtaining liability insurance. The conferees 
     direct the Secretary of Defense to analyze the potential 
     effects of implementing full replacement value on small 
     businesses and, no later than April 1, 2008, to

[[Page H14910]]

     provide a report to the congressional defense committees on 
     these effects and the Secretary's recommendations for 
     improving small business's ability to compete for Department 
     of Defense-related moves.
     Priority transportation on Department of Defense aircraft of 
         retired members residing in commonwealths and possessions 
         of the United States for certain health care services 
         (sec. 374)
       The House bill contained a provision (sec. 363) that would 
     increase the priority standing for space available travel of 
     TRICARE beneficiaries under the age of 65 in commonwealths or 
     possessions of the United States who are referred by a 
     primary care physician on the commonwealth or possession for 
     speciality care outside of the commonwealth or possession.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Recovery of missing military property (sec. 375)
       The House bill contained a provision (sec. 364) that would 
     amend chapter 165 of title 10, United States Code, to add new 
     sections 2788 and 2789 in order to make uniform among the 
     military departments the prohibition on unauthorized 
     disposition of military property and the authority to seize 
     improperly disposed military property.
       The Senate amendment contained a similar provision (sec. 
     354).
       The Senate recedes with an amendment that would require 
     that seizures of U.S. property take place pursuant to 
     applicable Department of Defense and service regulations and 
     that would clarify that transfers of property may take place 
     between members of the armed forces.
     Retention of combat uniforms by members of the armed forces 
         deployed in support of contingency operations (sec. 376)
       The House bill contained a provision (sec. 365) that would 
     add a new section 4566 to title 10, United States Code, 
     authorizing the Secretary of the Army to allow soldiers to 
     keep their combat uniforms if they had been deployed in 
     support of a contingency operation for at least 30 days.
       The Senate amendment contained a similar provision (sec. 
     356) that would authorize the secretaries of each of the 
     military departments to allow members of the armed forces 
     under their jurisdiction to retain their combat uniforms 
     issued as part of organizational clothing and individual 
     equipment in connection with their deployment in support of a 
     contingency operation.
       The House recedes with an amendment that would change the 
     provision to add a new section 2568 to title 10, United 
     States Code, authorizing the secretaries of each military 
     department to allow service members under their jurisdiction 
     who are deployed for at least 30 days in support of 
     contingency operations to retain combat uniforms issued as 
     organizational clothing and individual equipment.
     Issue of serviceable material of the Navy other than to armed 
         forces (sec. 377)
       The House bill contained a provision (sec. 366) that would 
     extend to all military departments the same authority 
     currently provided to the Army to issue excess arms, tentage 
     and equipment to the Junior Reserve Officers Training Corps 
     in support of training.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Reauthorization of Aviation Insurance Program (sec. 378)
       The Senate amendment contained a provision (sec. 353) that 
     would amend section 44310 of title 49, United States Code, 
     relating to the expiration of chapter 443, Aviation Insurance 
     Program. The provision would extend the authority of the 
     Secretary of Transportation to provide insurance and 
     reinsurance until December 31, 2013.
       The House bill contained no similar provision.
       The House recedes.

                   Legislative Provisions Not Adopted

     Increase in threshold amount for contracts for procurement of 
         capital assets in advance of availability of working 
         capital funds for the procurement
       The House bill contained a provision (sec. 321) that would 
     amend section 2208 of title 10, United States Code, to 
     increase the authority for the acquisition of capital assets 
     through the working capital fund from $100,000 to $300,000.
       The Senate amendment contained no similar provision.
       The House recedes based on the inclusion in the conference 
     report of a provision (sec. 330) that would make working 
     capital funds available to the Army to conduct a pilot 
     program for certain product improvements.
     Authorization of use of working capital funds for acquisition 
         of certain items
       The House bill contained a provision (sec. 323) that would 
     amend section 2208 of title 10, United States Code, by adding 
     a new paragraph at the end that would establish dollar 
     thresholds for the Defense Working Capital Funds to acquire 
     items that support maintenance and technology refreshment and 
     ensure the viability of core logistics capabilities.
       The Senate amendment contained no similar provision.
       The House recedes.
     Individual body armor
       The Senate amendment contained a provision (sec. 324) that 
     would require a joint technical assessment by the Director of 
     Defense Research and Engineering (DDR&E) and the Director of 
     Operational Test and Evaluation (DOT&E) of individual body 
     armor systems currently available in the domestic market.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the Army has published a request 
     for proposals to initiate a competition as part of a formal 
     acquisition to qualify a range of ballistic protection 
     technologies for individual body armor systems. This 
     procurement process will include extensive and comprehensive 
     first article ballistic and environmental testing by the Army 
     Test and Evaluation Command of articles submitted by all 
     potential vendors. The conferees are satisfied that, 
     consistent with the intent of section 324 in the Senate 
     amendment, the DDR&E and the DOT&E, as well as the General 
     Accountability Office, will provide procedural and technical 
     oversight of the Army's tests. The conferees also acknowledge 
     that an added benefit of this testing approach is that it 
     will result in an authoritative procurement decision upon 
     which the Army can act immediately, ensuring that the best 
     possible individual body armor capability is qualified, 
     produced, procured, and issued to our service members without 
     delay.
     Additional requirements for annual report on public-private 
         competitions
       The House bill contained a provision (sec. 327) that would 
     add additional elements to the annual report on the results 
     of public-private competitions conducted by the Department of 
     Defense.
       The Senate amendment contained no similar provision.
       The House recedes.
     Sense of Senate on the Air Force logistics centers
       The Senate amendment contained a provision (sec. 344) that 
     would express the sense of the Senate that the Air Force 
     should work closely with Congress as they develop and 
     implement the Global Logistics Support Center (GLSC) concept.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the Air Force is developing and 
     implementing enterprise-wide reorganization and modernization 
     of its logistics management systems and supporting 
     technologies. This reorganization includes the creation of 
     the Global Logistics Support Center that would consolidate 
     several enterprise approaches to supply chain management. The 
     conferees expect the Air Force to work closely with Congress 
     to ensure that management changes enhance Air Logistics 
     Centers' productivity, increase readiness, and reduce costs.
     Plan for optimal use of strategic ports by commander of 
         surface distribution and deployment command
       The House bill contained a provision (sec. 353) that would 
     require the commander of the Surface Distribution and 
     Deployment Command (SDDC) to develop a plan to ensure optimal 
     use of strategic ports.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees are encouraged that the SDDC has initiated a 
     study to address many of the concerns raised in section 353. 
     The conferees direct that the SDDC shall, not later than 
     April 1, 2008, submit to the Committees on Armed Services of 
     the House of Representatives and the Senate a plan to 
     optimize the use of strategic ports. The conferees further 
     direct that the SDDC's plan shall include:
       (1) the location, cost effectiveness, personnel and 
     equipment requirements, and utilization of resources for each 
     strategic port;
       (2) an analysis of how each strategic port is selected and 
     how the effect of limitations imposed by the Secretary of 
     Defense on commercial shipping options for certain routes and 
     cargo sizes impacts each port;
       (3) provisions for consultation with local port authorities 
     at strategic ports that do and do not have a permanent SDDC 
     presence; and
       (4) the effect of Department of Transportation policy 
     initiatives to encourage international code sharing and 
     alliances.
     Report on public-private partnerships
       The House bill contained a provision (sec. 357) that would 
     require the Secretary of Defense to submit a report on the 
     public-private partnerships at the Department of Defense 
     Centers of Industrial and Technical Excellence (CITEs).
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees direct the Secretary of Defense to submit a 
     report to the Committees on Armed Services of the House of 
     Representatives and the Senate by March 1, 2008, that 
     describes:
      (1) common approaches and procedures for Department of 
     Defense CITEs to use in the implementation of public-private 
     partnerships;
      (2) consistent cost methodologies and reimbursement guidance 
     applicable to maintenance and repair workload performed by 
     Federal Government personnel participating in public-private 
     partnerships;

[[Page H14911]]

      (3) implementation procedures for completing contract 
     negotiations for public-private partnerships within 12 months 
     of initiating negotiations;
      (4) the Secretary's use in a public-private partnership of 
     commercial practices to replace existing inventory and 
     component management, technical publication data, document 
     management, and equipment maintenance and calibration 
     requirements;
      (5) delegation during a public-private partnership of Class 
     2 design authority based on commercial practices to maintain 
     the form, fit, and function of a weapon system platform, 
     major end item, component of a major end item, or article; 
     and
      (6) plans to expand core capabilities through the use of 
     public-private partnerships at Department of Defense CITEs.
       The conferees direct the Comptroller General to review the 
     Department's report for completeness and submit the review to 
     the Committees on Armed Services of the House of 
     Representatives and Senate by May 1, 2008.
     Continuity of depot operations to reset combat equipment and 
         vehicles in support of wars in Iraq and Afghanistan
       The Senate amendment contained a provision (sec. 360) that 
     would require the Secretary of Defense to submit to the 
     congressional defense committees a report on the challenges 
     of implementing the transfer of depot supply, storage, and 
     distribution functions and impacts on production, including 
     parts reclamation and refurbishment.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the 2005 Base Realignment and 
     Closure (BRAC) round consolidates depot level supply, 
     storage, and distribution functions at the Defense Logistics 
     Agency (DLA). A recent Government Accountability Office 
     report raises questions about the Department of Defense's 
     business plan to implement this consolidation indicating that 
     there are depot management risks associated with the loss of 
     control of parts needed within the depots' production 
     processes.
       The conferees direct that, not later than June 1, 2008, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the implementation of the 
     consolidation of depot supply, storage, and distribution 
     functions with the DLA as required by the 2005 BRAC.
       This report shall describe:
      (1) the adequacy of the Department's business plan to:
      (a) efficiently and effectively transfer depot supply, 
     storage, and distribution functions to the DLA;
      (b) reduce the risk of disrupting depot production and parts 
     reclamation and refurbishment;
      (c) ensure the availability and responsiveness of DLA supply 
     personnel and facilities to meet depot throughput needs, 
     including potential impact on depot turnaround time; and
      (d) ensure the authority and control of depot commanders to 
     manage supply, storage, and distribution personnel and 
     facilities throughout the production process, particularly 
     with respect to overtime scheduling and meeting surge 
     requirements.
      (2) the current estimated costs and projected savings of 
     implementing the transfer:
      (3) the estimated impact of the transfer on the hourly rates 
     charged by the DLA and depots; and
      (4) the number of personnel positions affected by type and 
     depot.
       The conferees further direct that, not later than September 
     30, 2008, the Comptroller General of the United States shall 
     review the report submitted by the Secretary of Defense and 
     submit to the congressional defense committees an assessment 
     of the matters addressed in such report.
     Sense of Congress on future use of synthetic fuels in 
         military systems
       The Senate amendment contained a provision (sec. 363) that 
     would express the sense of Congress on the future use of 
     synthetic fuels in military systems.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees agree that the Department of Defense should 
     continue and, as appropriate, accelerate the testing and 
     certification of alternative fuels including synthetically 
     derived liquid petroleum, unconventional oil (including oil 
     shale and tar sands), biologically derived fuels (including 
     bio-jet fuel, ethanol, and biodiesel), and non-liquid fuels 
     (including hydrogen and electricity) for use in all military 
     air, ground, and sea systems.
     Limitation on the expenditure of funds for initial flight 
         screening at Pueblo Memorial Airport
       The House bill contained a provision (sec. 368) that would 
     prohibit the expenditure of funds for initial flight 
     screening at Pueblo Memorial Airport in Pueblo, Colorado, 
     until the Air Force and the City of Pueblo have developed a 
     plan to meet the Air Force crash, fire, and rescue 
     requirements to support Air Force flight training operations.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees note that the Air Force has reached an 
     agreement with the Pueblo Memorial Airport that establishes 
     responsibilities and proportional sharing of costs for the 
     operation and maintenance of the flying facilities jointly 
     used by military and non-military aircraft. The conferees 
     expect that the Air Force will sign this agreement without 
     delay.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

     End strengths for active forces (sec. 401)
       The House bill contained a provision (sec. 401) that would 
     authorize the following end strengths for active-duty 
     personnel of the armed forces as of September 30, 2008: Army, 
     525,400; Navy, 329,098; Marine Corps, 189,000; and Air Force, 
     329,651. The House provision included increases of 36,000 and 
     9,000 for the Army and Marine Corps, respectively, to support 
     those services' growth in ground forces. The House provision 
     also included increases of 489 Navy personnel to restore a 
     reduction in end strength in Navy medicine, and it restored 
     209 and 963 military positions in the Navy and Air Force, 
     respectively, for military-to-civilian conversions programmed 
     for fiscal year 2008 by the Department of Defense.
       The Senate amendment contained a similar provision (sec. 
     401) that would authorize active-duty end strengths of 
     328,400 for the Navy and 328,600 for the Air Force, and 
     identical end strengths for the Army and Marine Corps.
       The Senate recedes with an amendment that would authorize 
     an end strength of 329,563 for the Air Force.
       The conferees recommend end strength levels for the active 
     forces for fiscal year 2007 as set forth in the following 
     table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             FY 2008                             Change from
                                                                FY 2007      ---------------------------------------------------------------------------
                         Service                               authorized                             Conferee                              FY 2007
                                                                                   Request         recommendation    FY 2008  request      authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Army.....................................................            512,400            489,400            525,400             36,000             13,000
Navy.....................................................            340,700            328,400            329,098                698            -11,602
Marine Corps.............................................            180,000            180,000            189,000              9,000              9,000
Air Force................................................            334,200            328,600            329,563                963             -4,637
                                                          ----------------------------------------------------------------------------------------------
    DOD Total............................................          1,367,300          1,326,400          1,373,061             46,661             -5,761
--------------------------------------------------------------------------------------------------------------------------------------------------------

     Revision in permanent active duty end strength minimum levels 
         (sec. 402)
       The House bill contained a provision (sec. 402) that would 
     establish the following minimum end strengths for active-duty 
     personnel as of September 30, 2008: Army, 525,400; Navy, 
     329,098; Marine Corps, 189,000; and Air Force, 329,563.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would establish 
     minimum end strengths for active-duty personnel of 328,400 
     and 328,600 for the Navy and the Air Force, respectively.
       The conferees recommend minimum end strength levels for 
     active forces as set forth in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                 FY 2008          Change from
                                                              FY 2007      -------------------------------------
                        Service                              authorized          Conferee
                                                                              recommendation        FY 2007
----------------------------------------------------------------------------------------------------------------
Army...................................................            502,400            525,400             23,000
Navy...................................................            340,700            328,400            -12,300
Marine Corps...........................................            180,000            189,000              9,000
Air Force..............................................            334,200            328,600             -5,600
                                                        --------------------------------------------------------
    DOD Total..........................................          1,357,300          1,371,400             14,100
----------------------------------------------------------------------------------------------------------------


[[Page H14912]]

     Additional authority for increases of Army and Marine Corps 
         active duty end strengths for fiscal years 2009 and 2010 
         (sec. 403)
       The House bill contained a provision (sec. 403) that would 
     authorize additional active-duty end strength for the Army 
     and the Marine Corps in fiscal years 2009 and 2010 above the 
     strengths authorized for those services in fiscal year 2008. 
     Over the 2-year period, the Army and Marine Corps would be 
     authorized to increase active-duty end strength above their 
     fiscal year 2008 authorizations by 22,000 and 13,000, 
     respectively.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Increase in authorized strengths for Army officers on active 
         duty in the grade of major (sec. 404)
       The House bill contained a provision (sec. 404) that would 
     amend section 523(a)(1) of title 10, United States Code, to 
     increase the number of Army officers authorized to serve in 
     the grade of major.
       The Senate amendment contained a similar provision (sec. 
     501).
       The Senate recedes.
     Increase in authorized strengths for Navy officers on active 
         duty in the grades of lieutenant commander, commander, 
         and captain (sec. 405)
       The House bill contained a provision (sec. 405) that would 
     amend the table in section 523(a)(2) of title 10, United 
     States Code, to increase the number of Navy officers 
     authorized to serve on active duty in the grades of 
     lieutenant commander, commander, and captain.
       The Senate amendment contained a similar provision (sec. 
     502).
       The Senate recedes with a technical amendment.
     Increase in authorized daily average of number of members in 
         pay grade E-9 (sec. 406)
       The Senate amendment contained a provision (sec. 521) that 
     would amend section 517(a) of title 10, United States Code, 
     to authorize an increase from 1 percent to 1.25 percent on 
     the upper limit of the authorized daily average of active-
     duty enlisted members in pay grade E-9.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.

                       Subtitle B--Reserve Forces

     End strengths for Selected Reserve (sec. 411)
       The House bill contained a provision (sec. 411) that would 
     authorize the following end strengths for Selected Reserve 
     personnel, including the end strengths for reserves on active 
     duty in support of the reserves as of September 30, 2008: the 
     Army National Guard of the United States, 351,300; the Army 
     Reserve, 205,000; the Navy Reserve, 67,800; the Marine Corps 
     Reserve, 39,600; the Air National Guard of the United States, 
     106,700; the Air Force Reserve, 67,500; and the Coast Guard 
     Reserve, 10,000.
       The Senate amendment contained a similar provision (sec. 
     411).
       The Senate recedes with a technical amendment.
       The conferees recommend end strength levels for the 
     Selected Reserve for fiscal year 2008 as set forth in the 
     following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             FY 2008                             Change from
                                                                FY 2007      ---------------------------------------------------------------------------
                         Service                               authorized                             Conferee                              FY 2007
                                                                                   Request         recommendation    FY 2008  request      authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Army National Guard......................................            350,000            351,300            351,300                  0              1,300
Army Reserve.............................................            200,000            205,000            205,000                  0              5,000
Navy Reserve.............................................             71,300             67,800             67,800                  0             -3,500
Marine Corps Reserve.....................................             39,600             39,600             39,600                  0                  0
Air National Guard.......................................            107,000            106,700            106,700                  0               -300
Air Force Reserve........................................             74,900             67,500             67,500                  0             -7,400
                                                          ----------------------------------------------------------------------------------------------
    DOD Total............................................            842,800            837,900            837,900                  0             -4,900
Coast Guard Reserve......................................             10,000             10,000             10,000                  0                  0
--------------------------------------------------------------------------------------------------------------------------------------------------------

     End strengths for Reserves on active duty in support of the 
         reserves (sec. 412)
       The House bill contained a provision (sec. 412) that would 
     authorize the following end strengths for Reserves on active 
     duty in support of the reserve components as of September 30, 
     2008: the Army National Guard of the United States, 29,240; 
     the Army Reserve, 15,870; the Navy Reserve, 11,579; the 
     Marine Corps Reserve, 2,261; the Air National Guard of the 
     United States, 13,944; and the Air Force Reserve, 2,721.
       The Senate amendment contained a similar provision (sec. 
     412) that would authorize end strengths of 29,204 for the 
     Army National Guard of the United States; 13,936 for the Air 
     National Guard of the United States; and identical end 
     strengths for the other services.
       The House recedes.
       The conferees recommend end strength levels for Reserves on 
     active duty in support of the reserves as set forth in the 
     following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             FY 2008                             Change from
                                                                FY 2007      ---------------------------------------------------------------------------
                         Service                               authorized                             Conferee                              FY 2007
                                                                                   Request         recommendation    FY 2008  request      authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Army National Guard......................................             27,441             29,204             29,204                  0              1,763
Army Reserve.............................................             15,416             15,870             15,870                  0                454
Navy Reserve.............................................             12,564             11,579             11,579                  0               -985
Marine Corps Reserve.....................................              2,261              2,261              2,261                  0                  0
Air National Guard.......................................             13,291             13,936             13,936                  0                645
Air Force Reserve........................................              2,707              2,721              2,721                  0                 14
                                                          ----------------------------------------------------------------------------------------------
    DOD Total............................................             73,680             75,571             75,571                  0              1,891
--------------------------------------------------------------------------------------------------------------------------------------------------------

     End strengths for military technicians (dual status) (sec. 
         413)
       The House bill contained a provision (sec. 413) that would 
     authorize the following end strengths for military 
     technicians (dual status) as of September 30, 2008: the Army 
     Reserve, 8,249; the Army National Guard of the United States, 
     26,502; the Air Force Reserve, 9,909; the Air National Guard 
     of the United States, 22,553.
       The Senate amendment contained an identical provision (sec. 
     413).
       The conference agreement includes this provision.
       The conferees recommend end strength levels for military 
     technicians (dual status) as set forth in the following 
     table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             FY 2008                             Change from
                                                                FY 2007      ---------------------------------------------------------------------------
                         Service                               authorized                             Conferee                              FY 2007
                                                                                   Request         recommendation    FY 2008  request      authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Army Reserve.............................................              7,912              8,249              8,249                  0                337
Army National Guard......................................             26,050             26,502             26,502                  0                452
Air Force Reserve........................................             10,124              9,909              9,909                  0               -215
Air National Guard.......................................             23,255             22,553             22,553                  0               -702
                                                          ----------------------------------------------------------------------------------------------
    DOD Total............................................             67,341             67,213             67,213                  0               -128
--------------------------------------------------------------------------------------------------------------------------------------------------------

     Fiscal year 2008 limitation on number of non-dual status 
         technicians (sec. 414)
       The House bill contained a provision (sec. 414) that would 
     establish the maximum end strengths for the reserve 
     components of the Army and Air Force for non-dual status 
     technicians as of September 30, 2008.
       The Senate amendment contained an identical provision (sec. 
     414).
       The conference agreement includes this provision.
     Maximum number of reserve personnel authorized to be on 
         active duty for operational support (sec. 415)
       The House bill contained a provision (sec. 415) that would 
     authorize the maximum number of reserve component personnel 
     who may be on active duty or full-time National Guard duty 
     under section 115(b) of title 10, United States Code, during 
     fiscal year 2008 to provide operational support.
       The Senate amendment contained an identical provision (sec. 
     415).
       The conference agreement includes this provision.

[[Page H14913]]

     Future authorizations and accounting for certain reserve 
         component personnel authorized to be on active duty or 
         full-time National Guard duty to provide operational 
         support (sec. 416)
       The House bill contained a provision (sec. 416) that would 
     require the Secretary of Defense to review the long-term 
     operational support missions performed by reserve component 
     personnel under section 115(b) of title 10, United States 
     Code, and to submit the results of that review to the 
     congressional defense committees by March 1, 2008. The 
     provision would also require that future budget justification 
     materials provided to the Congress include data regarding the 
     numbers of reservists projected to be on active-duty or full-
     time National Guard duty for operational support under 
     section 115(b) and a summary of the missions they would be 
     performing.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Revision of variances authorized for Selected Reserve end 
         strengths (sec. 417)
       The House bill contained a provision (sec. 417) that would 
     amend section 115(f)(3) of title 10, United States Code, to 
     authorize the Secretary of Defense to vary the end strength 
     for a fiscal year for the Selected Reserve of any of the 
     reserve components by a number equal to not more than 3 
     percent of that end strength.
       The Senate amendment contained a similar provision (sec. 
     416).
       The Senate recedes.

              Subtitle C--Authorization of Appropriations

     Military personnel (sec. 421)
       The House bill contained a provision (sec. 421) that would 
     provide an overall limit on the amounts authorized to be 
     appropriated for the military personnel accounts of the 
     Department of Defense for fiscal year 2008.
       The Senate amendment contained a similar provision (sec. 
     421).
       The conference agreement includes this provision.
       The conferees agree to the following changes from the 
     budget request for the military personnel accounts:

                   [Additions in millions of dollars]

Increased military pay raise......................................308.6
Reimburse travel expenses for specialty care........................1.0
Presumption of service-connected disabilities......................17.0
Increased retiree health care costs.................................6.0
Increased accrual payments/increased retirements....................2.0
Enhanced disability severance pay..................................30.0
Transitional assistance.............................................5.0
Restore Navy medical personnel cut of 498..........................45.8
Restore mil. to civ. medical conversions--Navy.....................45.5
Restore mil. to civ. medical conversions--Air Force................67.7
Control grade officers.............................................75.0
Increase in monthly rate of Hardship Duty Pay......................79.0
Travel allowance for inactive-duty training.......................108.0
Health Professional Scholarship accession bonus....................15.0
Loan repayment for reserves.........................................1.0
Accumulated leave carryover.........................................5.0
                                                               ________
                                                               
  Total...........................................................811.5

                   Legislative Provision Not Adopted

     Offsetting transfers from the National Defense Stockpile 
         Transaction Fund
       The House bill contained a provision (sec. 423) that would 
     require the Secretary of Defense to transfer funds from the 
     National Defense Stockpile Transaction Fund.
       The Senate amendment contained no similar provision.
       The House recedes.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

     Assignment of officers to designated positions of importance 
         and responsibility (sec. 501)
       The House bill contained a provision (sec. 501) that would 
     amend section 601(b) of title 10, United States Code, to 
     authorize officers serving in the grades of lieutenant 
     general or vice admiral and general or admiral to continue 
     for up to 60 days to hold those grades following reassignment 
     from positions authorized for those grades, unless sooner 
     placed under orders to another position authorized for those 
     grades.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
     Enhanced authority for reserve general and flag officers to 
         serve on active duty (sec. 502)
       The Senate amendment contained a provision (sec. 508) that 
     would amend section 526(d) of title 10, United States Code, 
     to exclude from the limitations on the number of general and 
     flag officers on active duty certain reserve general and flag 
     officers serving on active duty for not more than 365 days. 
     The total number of these officers could not exceed 10 
     percent of the number of reserve component general and flag 
     officers authorized to be in an active status under section 
     12004 of title 10, United States code.
       The House bill contained no similar provision.
       The House recedes.
     Increase in years of commissioned service threshold for 
         discharge of probationary officers and for use of force 
         shaping authority (sec. 503)
       The House bill contained a provision (sec. 502) that would 
     amend sections 630, 647, and 14503 of title 10, United States 
     Code, to provide that the secretaries of the military 
     departments, under regulations prescribed by the Secretary of 
     Defense, may discharge active or reserve component officers 
     who have less than 6 years of active commissioned service or 
     service in an active-status as a commissioned officer. The 
     provision would also authorize discharge or transfer to the 
     reserve active-status list for force restructuring purposes 
     of officers with less than 6 years of service.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Mandatory retirement age for active-duty general and flag 
         officers continued on active duty (sec. 504)
       The Senate amendment contained a provision (sec. 504) that 
     would amend section 637(b)(3) of title 10, United States 
     Code, relating to deferral of retirement and continuation on 
     active duty of regular flag and general officers to conform 
     with recently enacted extended age limits for mandatory 
     retirement of general and flag officers serving on active 
     duty that were included in section 502 of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364).
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Authority for reduced mandatory service obligation for 
         initial appointments of officers in critically short 
         health professional specialties (sec. 505)
       The House bill contained a provision (sec. 531) that would 
     amend section 651 of title 10, United States Code, to 
     authorize the Secretary of Defense to reduce the 8-year 
     minimum service obligation to 2 years for initial appointment 
     of a commissioned officer in a critically short health 
     professional specialty.
       The Senate amendment contained a similar provision (sec. 
     505) that would provide that the minimum period of service 
     under such a waiver would be the greater of 2 years or the 
     period of obligated service associated with receipt of an 
     accession bonus or special pay.
       The House recedes with a clarifying amendment.
     Expansion of authority for reenlistment of officers in their 
         former enlisted grade (sec. 506)
       The House bill contained a provision (sec. 532) that would 
     amend sections 3258 and 8258 of title 10, United States Code, 
     to authorize Regular Army and Air Force officers to reenlist 
     in their former enlisted grade when separation as an officer 
     is under honorable conditions and the officer is otherwise 
     qualified for reenlistment.
       The Senate amendment contained a similar provision (sec. 
     507).
       The House recedes.
     Increase in authorized number of permanent professors at the 
         United States Military Academy (sec. 507)
       The Senate amendment contained a provision (sec. 506) that 
     would amend section 4331(b) of title 10, United States Code, 
     to increase from 22 to 28 the authorized number of permanent 
     professors at the United States Military Academy.
       The House bill contained no similar provision.
       The House recedes.
     Promotion of career military professors of the Navy (sec. 
         508)
       The House bill contained a provision (sec. 503) that would 
     amend section 641 of title 10, United States Code, to 
     authorize the promotion of an officer of the Navy or Marine 
     Corps serving as a permanent professor at the Naval Academy 
     in the grade of commander or lieutenant colonel to the grade 
     of captain or colonel upon completion of 6 years of service 
     as a permanent military professor or career military 
     professor.
       The Senate amendment contained a provision (sec. 509) that 
     would amend chapter 603 of title 10, United States Code, to 
     authorize promotion of career military professors of the Navy 
     to the grade of captain or colonel not earlier than 3 years 
     after selection as a permanent professor, pursuant to 
     regulations prescribed by the Secretary of the Navy, which 
     must include a competitive selection board process.
       The House recedes with an amendment that would require the 
     Secretary of Defense to conduct an assessment of the 
     effectiveness of the promotion system established by this 
     section and report the results of the assessment to the 
     congressional defense committees no later than December 31, 
     2009, and that would require the Secretary of the Navy to 
     submit a report regarding the need for any additional grade 
     limitation exemptions by March 31, 2008.

                Subtitle B--Reserve Component Management

     Retention of military technicians who lose dual status in the 
         Selected Reserve due to combat-related disability (sec. 
         511)
       The House bill contained a provision (sec. 514) that would 
     amend section 10216 of title 10, United States Code, to 
     authorize: (1) a military technician (dual status) to 
     continue employment as a military technician when the 
     technician loses military status as a result of a combat-
     related disability; (2) the secretary concerned to waive 
     temporarily

[[Page H14914]]

     the requirement that a military technician maintain 
     membership in the Selected Reserve to fill the position of a 
     military technician (dual status) while that position is 
     vacant as a result of the mobilization of the technician 
     normally assigned to that position; and (3) the secretary 
     concerned to defer mandatory separation of a military 
     technician (dual status) until the technician attains 
     eligibility for an unreduced annuity, but not beyond age 62.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would authorize 
     retention until age 60 of a military technician (dual status) 
     as a military technician if the technician loses dual status 
     as the result of a combat-related disability and is otherwise 
     qualified for the position.
     Constructive service credit upon original appointment of 
         reserve officers in certain health care professions (sec. 
         512)
       The House bill contained a provision (sec. 512) that would 
     amend section 12207(b) of title 10, United States Code, to 
     authorize the granting of sufficient constructive service 
     credit to persons receiving original appointments as reserve 
     officers in critically short health care professions to be 
     appointed in the grade of captain, or in the Navy Reserve, 
     lieutenant.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Mandatory separation of reserve officers in the grade of 
         lieutenant general or vice admiral after completion of 38 
         years of commissioned service (sec. 513)
       The House bill contained a provision (sec. 511) that would 
     amend section 14508 of title 10, United States Code, to 
     require separation from active status of reserve component 
     officers serving in the grades of lieutenant general or vice 
     admiral 30 days after completion of 38 years of commissioned 
     service.
       The Senate amendment contained a similar provision (sec. 
     534) that would also require separation from active status of 
     these officers on the fifth anniversary of the date of an 
     officer's appointment in the grade of lieutenant general or 
     vice admiral, whichever is later.
       The Senate recedes with an amendment that would require 
     separation from active status of these officers upon 
     completion of 5 years of service in grade or 30 days after 
     completion of 38 years of commissioned service, whichever is 
     later.
     Maximum period of temporary federal recognition of person as 
         Army National Guard officer or Air National Guard officer 
         (sec. 514)
       The House bill contained a provision (sec. 513) that would 
     amend section 308(a) of title 32, United States Code, to 
     extend the period that members of the National Guard may be 
     granted temporary federal recognition from 6 months to 1 
     year.
       The Senate amendment contained a similar provision (sec. 
     535).
       The Senate recedes with a technical amendment.
     Advance notice to members of reserve components of deployment 
         in support of contingency operations (sec. 515)
       The House bill contained a provision (sec. 517) that would 
     require a minimum of 30 days advance notice, with a goal of 
     90 days advance notice, to a member of a reserve component 
     called or ordered to active duty for a period of more than 30 
     days in support of a contingency operation.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
     Report on relief from professional licensure and 
         certification requirements for reserve component members 
         on long-term active duty (sec. 516)
       The Senate amendment contained a provision (sec. 536) that 
     would amend sections 1819(b)(5) and 1919(b)(5) of the Social 
     Security Act to allow certain National Guard and reserve 
     nurse aides who are called to active duty extra time, 
     beginning July 1, 2007 and ending on September 30, 2008, to 
     complete training and competency evaluations required by law. 
     In addition, the provision would require the Secretary of 
     Defense to report on the need for legislation to provide for 
     the exemption of professional or other licensure or 
     certification requirements for National Guard and reserve 
     members who are placed on active duty for an extended period 
     of time.
       The House bill contained no similar provision.
       The House recedes with an amendment that would delete the 
     authorization for additional time for certification as 
     required by the Social Security Act. The amendment would 
     require a study by the Comptroller General of the United 
     States to: (1) identify the number and type of licensure or 
     certification requirements that could be impacted by extended 
     periods of active duty; and (2) determine means to provide 
     relief from such requirements if necessary.

                   Subtitle C--Education and Training

     Revisions to authority to pay tuition for off-duty training 
         or education (sec. 521)
       The House bill contained a provision (sec. 523) that would 
     authorize the secretaries of the military services, or the 
     Secretary of Homeland Security with respect to the Coast 
     Guard when it is not operating as a service in the Navy, to 
     pay tuition and related expenses to certain members of the 
     Ready Reserve.
       The Senate amendment contained a similar provision (sec. 
     671).
       The Senate recedes with a technical amendment.
     Reduction or elimination of service obligation in an Army 
         Reserve or Army National Guard troop program unit for 
         certain persons selected as medical students at Uniformed 
         Services University of the Health Sciences (sec. 522)
       The House bill contained a provision (sec. 521) that would 
     amend section 2107a(b) of title 10, United States Code, to 
     authorize the Secretary of the Army to modify agreements 
     entered into by cadets in the Reserve Officers' Training 
     Scholarship Program who are selected to be medical students 
     at the Uniformed Services University of the Health Sciences 
     or to participate in the Armed Forces Health Professions 
     Scholarship and Financial Assistance program. Under this 
     provision, the Secretary would be authorized to reduce or 
     eliminate troop program unit service obligations and to 
     establish, in lieu of that obligation, an active-duty service 
     obligation upon a determination that it is in the best 
     interests of the United States to modify the agreement and 
     with the consent of the member involved.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Repeal of annual limit on number of ROTC scholarships under 
         Army Reserve and Army National Guard financial assistance 
         program (sec. 523)
       The House bill contained a provision (sec. 522) that would 
     amend section 2107a(h) of title 10, United States Code, to 
     increase from 416 to 424 the limit on the number of Reserve 
     Officer Training Corps (ROTC) scholarships that may be 
     awarded to cadets who agree to serve in the reserve 
     components of the Army.
       The Senate amendment contained a similar provision (sec. 
     557) that would amend section 2107a(h) of title 10, United 
     States Code, to repeal the limit on the number of ROTC 
     scholarships that may be awarded to cadets who agree to serve 
     in the reserve components of the Army.
       The House recedes.
     Treatment of prior active service of members in uniformed 
         medical accession programs (sec. 524)
       The Senate amendment contained a provision (sec. 551) that 
     would amend sections 2114(b) and 2121(c) of title 10, United 
     States Code, to require that medical students at the 
     Uniformed Services University of the Health Sciences and 
     persons participating in the armed forces Health Professions 
     Scholarship and Financial Assistance Programs who have prior 
     commissioned service, serve, while on active duty, in pay 
     grade O-1, or in pay grade O-2 if they meet specified 
     promotion criteria prescribed by the service secretary. The 
     provision would also amend section 2004a of title 10, United 
     States Code, to impose the same limitations regarding the pay 
     grade and service credit exclusion on officers on active duty 
     with prior commissioned service who are detailed as students 
     at medical schools under section 2004a.
       The House bill contained no similar provision.
       The House recedes with an amendment that would provide that 
     medical students at the Uniformed Services University of the 
     Health Sciences and persons participating in the armed forces 
     Health Professions Scholarship and Financial Assistance 
     Programs with prior active service would continue to receive 
     basic pay based on their former grade and years of service if 
     that pay would be greater than the rate of basic pay for 
     regular officers in the grade of second lieutenant or ensign. 
     The provision would also amend section 2004a of title 10, 
     United States Code, to provide that any officer detailed 
     under this section to attend medical school would be required 
     to revert to the grade of ensign or second lieutenant while 
     receiving pay based on their prior grade or years of service.
     Repeal of post-2007-2008 academic year prohibition on phased 
         increase in cadet strength limit at the United States 
         Military Academy (sec. 525)
       The Senate amendment contained a provision (sec. 553) that 
     would amend section 4342 of title 10, United States Code, to 
     extend the authority of the Secretary of the Army to increase 
     by up to 100 cadets per year the size of the Corps of Cadets 
     at the United States Military Academy to a maximum of 4,400 
     cadets.
       The House bill contained no similar provision.
       The House recedes.
     National Defense University master's degree programs (sec. 
         526)
       The House bill contained a provision (sec. 524) that would 
     amend section 2163 of title 10, United States Code, to 
     authorize the President of the National Defense University to 
     award a master of arts degree in strategic security studies 
     to graduates of the School for National Security Executive 
     Education.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Authority of the Air University to confer degree of master of 
         science in flight test engineering (sec. 527)
       The Senate amendment contained a provision (sec. 555) that 
     would amend section 9317(a) of title 10, United States Code, 
     to authorize the commander of the Air University

[[Page H14915]]

     to confer the degree of doctor of philosophy in strategic 
     studies upon graduates of the School of Advanced Airpower 
     Studies; the degree of master of air, space, and cyberspace 
     studies upon graduates of Air University; and the degree of 
     master of flight test engineering science upon graduates of 
     the Air Force Test Pilot School.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 
     the commander of the Air University to confer the degree of 
     master of science in flight test engineering upon graduates 
     of the Air Force Test Pilot School.
     Enhancement of education benefits for certain members of 
         reserve components (sec. 528)
       The Senate amendment contained a provision (sec. 674) that 
     would authorize an accelerated payment program for the 
     educational benefits in chapters 1606 and 1607 of title 10, 
     United States Code. The provision would also expand the 
     eligibility criteria for attaining the maximum benefit for 
     the education benefit under chapter 1607 of title 10, United 
     States Code to 3 cumulative years of active service. Finally, 
     the provision would create a buy-up program for service 
     members eligible for the education benefit under chapter 1607 
     of title 10, United States Code.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Extension of period of entitlement to educational assistance 
         for certain members of the Selected Reserve affected by 
         force shaping initiatives (sec. 529)
       The Senate amendment contained a provision (sec. 675) that 
     would eliminate the service requirement for continued 
     eligibility for education benefits under chapter 1606 of 
     title 10, United States Code, for service members who have 
     been affected by base realignment and closure or other force 
     shaping initiatives.
       The House bill contained no similar provision.
       The House recedes.
     Time limit for use of educational assistance benefit for 
         certain members of reserve components and resumption of 
         benefit (sec. 530)
       The House bill contained a provision (sec. 530) that would 
     express the sense of Congress that the time limitation for 
     use of education benefits under chapter 1607 of title 10, 
     United States Code, should be extended to allow an individual 
     entitled to such benefits to use those benefits for 10 years 
     following separation from a reserve component.
       The Senate amendment contained a similar provision (sec. 
     676) that would authorize a service member entitled to 
     education benefits under chapter 1607 of title 10, United 
     States Code, to use those benefits for 10 years after 
     separation from a reserve component.
       The House recedes with an amendment that would allow 
     service members separated from a reserve component, who prior 
     to separation were eligible for benefits under chapter 1607 
     of title 10, United States Code, to reclaim eligibility for 
     those benefits upon rejoining a reserve component and to use 
     those benefits for 10 years following any subsequent 
     separation.
     Secretary of Defense evaluation of the adequacy of the 
         degree-granting authorities of certain military 
         universities and educational institutions (sec. 531)
       The House bill contained a provision (sec. 526) that would 
     require the Secretary of Defense to evaluate the degree-
     granting authorities of certain military universities and 
     educational institutions to assess whether the current 
     process remains adequate, appropriate, and responsive to meet 
     emerging military service education requirements. The 
     Secretary would be required to submit a report on the 
     evaluation to the Committees on Armed Services of the Senate 
     and the House of Representatives no later than April 1, 2008.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees direct the Secretary of Defense, as part of 
     the evaluation and report required under this section, to 
     thoroughly review various proposals by the United States Air 
     Force for expanded authority for the Commander of the Air 
     University to grant degrees to attendees of the schools of 
     the Air University. These proposals include, among others, 
     authority to allow the Commander of the Air University to 
     grant bachelor's and master's of arts degrees, and the degree 
     of doctor of philosophy in strategic studies. The conferees 
     believe that these Air Force initiatives raise important 
     questions about the role of the services in providing 
     advanced education and that the Department must be more 
     proactive in providing timely guidance and coordination in 
     this key area affecting retention and career progression for 
     both officer and enlisted personnel. The Secretary should 
     provide an assessment of these proposals and recommendations 
     for legislation, if required.
     Report on success of Army National Guard and Reserve Senior 
         Reserve Officers' Training Corps financial assistance 
         program (sec. 532)
       The House bill contained a provision (sec. 529) that would 
     require the Secretary of Defense to ensure that Senior 
     Reserve Officer's Training Corps (SROTC) scholarships are 
     available to students attending historically Black colleges 
     and universities, minority institutions, and Hispanic-serving 
     institutions.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of the Army to submit a report to the Committees on 
     Armed Services of the Senate and House of Representatives on 
     the success of the financial assistance program of the SROTC 
     in securing the appointment of second lieutenants in the Army 
     Reserve and the Army National Guard. The report would include 
     detailed information on the appointment of cadets enrolled in 
     historically Black colleges or universities, minority 
     institutions, and Hispanic-serving institutions and address 
     efforts to increase awareness of the availability and 
     advantages of appointment in the SROTC at these institutions 
     and to increase the number of cadets at these institutions.
       The conferees encourage the Secretary of the Army to expand 
     the Army's outreach program to students attending 
     historically Black colleges or universities, minority 
     institutions, and Hispanic-serving institutions, and to 
     ensure that SROTC scholarships are available to qualified 
     students at these institutions.
     Report on utilization of tuition assistance by members of the 
         armed forces (sec. 533)
       The Senate amendment contained a provision (sec. 673) that 
     would require the secretary of each of the military 
     departments to submit to the congressional defense committees 
     by April 1, 2008 a report on the utilization of tuition 
     assistance by members of the armed forces, both in the 
     regular and reserve components, during fiscal year 2007.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Navy Junior Reserve Officers' Training Corps unit for 
         Southold, Mattituck, and Greenport High Schools (sec. 
         534)
       The House bill contained a provision (sec. 527) that would 
     authorize the Southold, Mattituck, and Greenport High 
     Schools, located in Southold, New York, to be treated as a 
     single institution for the purposes of maintaining a Navy 
     Junior Reserve Officers' Training Corps unit.
       The Senate amendment contained a similar provision (sec. 
     554).
       The Senate recedes with a technical amendment.
     Report on transfer of administration of certain educational 
         assistance programs for members of the reserve components 
         (sec. 535)
       The House bill contained a provision (sec. 525) that would 
     recodify the reserve educational assistance programs in 
     chapters 1606 and 1607 of title 10, United States Code, from 
     title 10 to title 38, United States Code, and transfer 
     administration of those programs to the Department of 
     Veterans Affairs.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense, in cooperation with the Secretary of 
     Veterans Affairs, to submit to the congressional defense and 
     veterans affairs committees a report on the feasibility and 
     merits of transferring the administration of the educational 
     assistance programs for members of the reserve components 
     contained in chapters 1606 and 1607 of title 10, United 
     States Code, from the Department of Defense to the Department 
     of Veterans Affairs, no later than September 1, 2008. The 
     provision would further require both the Defense Business 
     Board, in cooperation with the Reserve Forces Policy Board, 
     and the Veterans Affairs Advisory Committee on Education to 
     review the report, and provide their independent reviews. The 
     provision would also require the Comptroller General of the 
     United States to assess the study and to report to the 
     congressional defense and veterans affairs committees the 
     results of that assessment by November 1, 2008.

       Subtitle D--Military Justice and Legal Assistance Matters

     Authority to designate civilian employees of the Federal 
         Government and dependents of deceased members as eligible 
         for legal assistance from Department of Defense legal 
         staff resources (sec. 541)
       The House bill contained a provision (sec. 541) that would 
     amend section 1044(a) of title 10, United States Code, to 
     authorize the provision of legal assistance to certain 
     civilian employees of the Federal Government serving with, or 
     preparing to serve with, an armed force in support of a 
     contingency operation.
       The Senate amendment contained a similar provision (sec. 
     572) that would clarify the authority of the service 
     secretaries to provide legal assistance to civilian employees 
     of the Department of Defense in locations where legal 
     assistance from non-military legal assistance providers is 
     not reasonably available.
       The Senate recedes with an amendment that would authorize 
     the provision of legal assistance to survivors of deceased 
     members or former members who were dependents of the member 
     or former member at the time of the member's death and to 
     civilian employees of the Federal Government serving in 
     locations where legal assistance from non-military legal 
     assistance providers is not reasonably available.
     Authority of judges of the United States Court of Appeals for 
         the Armed Forces to administer oaths (sec. 542)
       The Senate amendment contained a provision (sec. 571) that 
     would amend section 936

[[Page H14916]]

     of title 10, United States Code, to authorize judges of the 
     United States Court of Appeals for the Armed Forces to 
     administer oaths.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Modification of authorities on senior members of the Judge 
         Advocate Generals' Corps (sec. 543)
       The Senate amendment contained a provision (sec. 573) that 
     would require that the Judge Advocates General of the Army, 
     Navy, and Air Force serve in the grade of lieutenant general 
     or vice admiral, and would exclude them from the authorized 
     number of officers serving in grades above major general or 
     rear admiral. The provision would also authorize the position 
     of Legal Counsel to the Chairman of the Joint Chiefs of 
     Staff, and would require that the officer appointed to this 
     position serve in the grade of brigadier general or rear 
     admiral (lower half) and be recommended by a board of 
     officers convened by the Secretary of Defense.
       The House bill contained no similar amendment.
       The House recedes with an amendment that would amend 
     section 525(b) of title 10, United States Code, to increase 
     from 15.7 to 16.3 the percentage of general officers or 
     admirals in a military service that may be appointed above 
     the grade of major general or rear admiral. The House 
     amendment would also require the Secretary of Defense to 
     develop a strategic plan linking the missions and 
     requirements of the Department of Defense for general and 
     flag officers to the statutory limits on the numbers of 
     general and flag officers, and current assignment, promotion, 
     and joint officer development policies for general and flag 
     officers.
     Prohibition against members of the armed forces participating 
         in criminal street gangs (sec. 544)
       The House bill contained a provision (sec. 579) that would 
     require the Secretary of Defense to revise Department of 
     Defense Directive 1325.6 to include membership in a criminal 
     street gang among the list of prohibited activities by 
     members of the armed forces.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense to prescribe regulations to prohibit the 
     active participation by members of the armed forces in a 
     criminal street gang.

                       Subtitle E--Military Leave

     Temporary enhancement of carryover of accumulated leave for 
         members of the armed forces (sec. 551)
       The Senate amendment contained a provision (sec. 591) that 
     would increase for all service members the number of days of 
     accumulated leave they may carry over from 1 fiscal year to 
     the next from 60 to 90 days. The provision would also 
     increase by 1 year the length of time available to use leave 
     accumulated under the special leave accrual provisions of 
     section 701(f) of title 10, United States Code. Finally, the 
     provision would amend section 501(b) of title 37, United 
     States Code, to authorize enlisted service members who have 
     accumulated more than 120 days of leave under section 701(f) 
     of title 10, United States Code, to sell back, on a one-time 
     basis, up to 30 days of such leave in excess of 120 days.
       The House bill contained no similar provision.
       The House recedes with an amendment that would reduce the 
     enhanced leave carryover provision from 90 to 75 days, and 
     would terminate this authority after December 31, 2010.
     Enhancement of rest and recuperation leave (sec. 552)
       The Senate amendment contained a provision (sec. 594) that 
     would authorize an additional 5 days of rest and recuperation 
     leave under section 705(b) of title 10, United States Code, 
     for certain service members whose overseas tours of duty last 
     longer than 12 months.
       The House bill contained no similar provision.
       The House recedes.

                   Subtitle F--Decorations and Awards

     Authorization and request for award of Medal of Honor to 
         Leslie H. Sabo, Jr., for acts of valor during the Vietnam 
         War (sec. 561)
       The House bill contained a provision (sec. 551) that would 
     authorize the President to award the Medal of Honor to Leslie 
     H. Sabo, Jr., who served in the U.S. Army during the Vietnam 
     War.
       The Senate amendment contained a similar provision (sec. 
     593(c)).
       The Senate recedes.
     Authorization and request for award of Medal of Honor to 
         Henry Svehla for acts of valor during the Korean War 
         (sec. 562)
       The House bill contained a provision (sec. 552) that would 
     authorize the President to award the Medal of Honor to Henry 
     Svehla who served in the U.S. Army during the Korean War.
       The Senate amendment contained a similar provision (sec. 
     593(e)).
       The Senate recedes.
     Authorization and request for award of Medal of Honor to 
         Woodrow W. Keeble for acts of valor during the Korean War 
         (sec. 563)
       The House bill contained a provision (sec. 553) that would 
     authorize the President to award the Medal of Honor to 
     Woodrow W. Keeble who served in the U.S. Army during the 
     Korean War.
       The Senate amendment contained a similar provision (sec. 
     593(b)).
       The Senate recedes.
     Authorization and request for award of Medal of Honor to 
         Private Philip G. Shadrach for acts of valor as one of 
         Andrews' Raiders during the Civil War (sec. 564)
       The House bill contained a provision (sec. 554) that would 
     authorize the President to award the Medal of Honor to 
     Private Philip G. Shadrach, who served in the U.S. Army 
     during the Civil War.
       The Senate amendment contained a similar provision (sec. 
     593(d)).
       The Senate recedes with a technical amendment.
     Authorization and request for award of Medal of Honor to 
         Private George D. Wilson for acts of valor as one of 
         Andrews' Raiders during the Civil War (sec. 565)
       The House bill contained a provision (sec. 555) that would 
     authorize the President to award the Medal of Honor to 
     Private George D. Wilson, who served in the U.S. Army during 
     the Civil War.
       The Senate amendment contained a similar provision (sec. 
     593(f)).
       The Senate recedes with a technical amendment.

     Subtitle G--Impact Aid and Defense Dependents Education System

     Continuation of authority to assist local educational 
         agencies that benefit dependents of members of the armed 
         forces and Department of Defense civilian employees (sec. 
         571)
       The House bill contained a provision (sec. 562) that would 
     authorize $50.0 million for continuation of the Department of 
     Defense (DOD) assistance program to local agencies that are 
     impacted by enrollment of dependent children of military 
     members and civilian employees of the Department of Defense. 
     This provision would also authorize $15.0 million for 
     assistance to local educational agencies with significant 
     changes in enrollment of military and civilian school-aged 
     dependent children due to base closures, force structure 
     changes, or force relocations.
       The Senate amendment contained a similar provision (sec. 
     561) that would authorize $35.0 million and $10.0 million for 
     each assistance program, respectively.
       The Senate recedes with an amendment that would authorize 
     $30.0 million for continuation of assistance to agencies 
     impacted by enrollment of DOD military and civilian employee 
     dependents, and $10.0 million for assistance to agencies with 
     significant changes in enrollment of children due to base 
     closures, force structure changes, or force relocations.
     Impact aid for children with severe disabilities (sec. 572)
       The Senate amendment contained a provision (sec. 562) that 
     would authorize $5.0 million for impact aid payments for 
     children with disabilities for continuation of the Department 
     of Defense's assistance to local educational agencies that 
     benefit dependents with severe disabilities.
       The House bill contained no similar provision.
       The House recedes.
     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. 573)
       The Senate amendment contained a provision (sec. 563) that 
     would amend section 574(e)(3) of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364) to include dependents of personnel who work on 
     federal property but are not members of the armed forces or 
     civilian employees of the Department of Defense in the plan 
     and annual reports required to identify and assist local 
     educational agencies experiencing growth in enrollment due to 
     force structure changes, relocation of military units, or 
     base closure and realignments. The provision would make the 
     definition of ``military dependent students'' consistent with 
     the definition used for purposes of computation of payments 
     under the Federal Impact Aid program authorized in section 
     7703 of title 20, United States Code.
       The House bill contained no similar provision.
       The House recedes.
     Payment of private boarding school tuition for military 
         dependents in overseas areas not served by Defense 
         Dependents' Education System schools (sec. 574)
       The House bill contained a provision (sec. 561) that would 
     amend section 1407(b)(1) of the Defense Dependents' Education 
     Act of 1978 (20 U.S.C. 926(b)(1)) to authorize the Secretary 
     of Defense to pay tuition for attendance at private boarding 
     schools in the United States for military dependents in 
     overseas areas not served by Department of Defense schools.
       The Senate amendment contained a similar provision (sec. 
     564).
       The House recedes with a clarifying amendment.

                     Subtitle H--Military Families

     Department of Defense Military Family Readiness Council and 
         policy and plans for military family readiness (sec. 581)
       The Senate amendment contained a provision (sec. 581) that 
     would amend chapter 88 of title 10, United States Code, to 
     establish a Department of Defense Military Family Readiness 
     Council to review and make recommendations on Department of 
     Defense

[[Page H14917]]

     policy requirements for the support of military family 
     readiness; to monitor requirements for the support of 
     military family readiness; and to evaluate and assess the 
     effectiveness of military family readiness programs and 
     activities of the Department of Defense.
       The Senate amendment contained another provision (sec. 582) 
     that would amend chapter 88 of title 10, United States Code, 
     to require the Secretary of Defense to develop a policy and 
     plans for the support of military family readiness.
       The House bill contained no similar provisions.
       The House recedes with a clarifying amendment that would 
     combine the Senate provisions and include the senior enlisted 
     advisors of the Army, Navy, Marine Corps, and Air Force, or 
     the spouse of a senior enlisted member from each service as a 
     member of the Department of Defense Military Family Readiness 
     Council.
       The conferees expect the council to meet not less often 
     than twice each year, and that not more than one of these 
     meetings will be in the National Capitol Region.
     Yellow Ribbon Reintegration Program (sec. 582)
       The House bill contained a provision (sec. 515) that would 
     establish a Department of Defense working group to identify 
     and assess the reintegration needs of members of the reserve 
     components who return from overseas operational deployment.
       The House bill also contained a provision (sec. 516) that 
     would require the Secretary of Defense, in coordination with 
     the Chief of the National Guard Bureau, to establish a 
     national combat veteran reintegration program, to be known as 
     the Yellow Ribbon Reintegration Program, to provide National 
     Guard members and their families with sufficient information, 
     services, referral, and proactive approach opportunities 
     throughout the entire deployment cycle. The provision would 
     designate the National Guard Bureau as the executive agent 
     for this program, and would require establishment of a Center 
     of Excellence for Reintegration Programs, appointment of an 
     Advisory Board, and employment of personnel to implement the 
     Yellow Ribbon program at the State level.
       The Senate amendment contained a similar provision (sec. 
     683) that would require a Yellow Ribbon Reintegration Program 
     to serve both National Guard and reserve members and their 
     families, and would designate the Office of the Secretary of 
     Defense for Personnel and Readiness as the executive agent.
       The Senate amendment also contained a provision (sec. 587) 
     that would require the Secretary of Defense to carry out a 
     pilot program, to be known as the National Military Family 
     Readiness and Servicemember Reintegration Outreach Program, 
     to assess the feasibility and advisability of providing 
     assistance and support to the Adjutant General of a State or 
     territory for the purpose of creating comprehensive soldier 
     and family preparedness and reintegration outreach programs.
       The House recedes with an amendment that would authorize 
     the Secretary to create State Deployment Cycle Support Teams 
     to administer the Yellow Ribbon Reintegration Program at the 
     State level and would authorize outreach programs to educate 
     service members and their families about the Yellow Ribbon 
     Reintegration Program.
       The conferees acknowledge that the reserve component has 
     changed from a strategic reserve to an operational reserve, 
     fully engaged in the global war on terror, and that reserve 
     component members face challenges that are inherently 
     different from their counterparts in the active component. 
     One such challenge is reintegration to civilian life. The 
     Department of Defense has recognized the need for programs 
     that address similar challenges for service members in active 
     components returning from combat and has instituted such 
     programs.
       The conference outcome will ensure that members of the 
     reserve components returning to their hometowns following 
     demobilization have access to improved services and resources 
     that allow them to successfully reintegrate back into 
     society.
     Study to enhance and improve support services and programs 
         for families of members of regular and reserve components 
         undergoing deployment (sec. 583)
       The House bill contained a series of provisions that would 
     address support to families of deployed service members:
       The House bill contained a provision (sec. 580) that would 
     require the Secretary of Defense to carry out a study to 
     evaluate the feasibility and advisability of establishing a 
     pilot program on family-to-family support for families of 
     members of the National Guard and reserves undergoing 
     deployment.
       The House bill contained a provision (sec. 581) that would 
     require the Secretary of Defense to conduct a study to 
     evaluate the feasibility and advisability of contracting with 
     a private sector entity with expertise in the health and 
     well-being of families and children, infants, and toddlers to 
     enhance and develop support services for children of members 
     of the National Guard and reserve who are deployed.
       The House bill contained a provision (sec. 1034) that would 
     require the Secretary of Defense to submit a report to 
     Congress no later than 180 days after enactment of this Act 
     regarding the impact on military family members of multiple 
     deployments as part of Operation Iraqi Freedom and Operation 
     Enduring Freedom.
       The Senate amendment also contained a series of provisions 
     that would address support to families of deployed military 
     personnel:
       The Senate amendment contained a provision (sec. 583) that 
     would require the Secretary of Defense to 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, before, during, and after their deployment cycle.
       The Senate amendment contained a provision (sec. 584) that 
     would require the Secretary of Defense to provide information 
     to parents and other caretakers of children, including 
     infants and toddlers, to assist the parents and caretakers in 
     responding to the adverse implications of the deployment of a 
     service member, including the death or injury of the service 
     member, and to develop programs and activities to increase 
     awareness in military and civilian communities of the adverse 
     implications of deployment of service members.
       The Senate amendment contained a provision (sec. 585) that 
     would require the Secretary of Defense to conduct a study to 
     evaluate the feasibility and advisability of contracting with 
     a private sector entity with expertise in the health and 
     well-being of families and children, infants, and toddlers to 
     enhance and develop support services for children of deployed 
     members of the active and reserve components.
       The Senate amendment contained a provision (sec. 586) that 
     would require the Secretary of Defense to 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 Senate recedes with an amendment that would combine the 
     House and Senate provisions to require a study to determine 
     the most effective means to enhance and improve family 
     support programs for families of the regular and reserve 
     components of the armed forces before, during, and after 
     deployment.
       In a separate provision contained elsewhere in this 
     conference report, the conferees would require the 
     establishment of a national combat veteran reintegration 
     program, to be known as the Yellow Ribbon Reintegration 
     Program, to provide families of deployed service members with 
     information, services, referrals, and proactive outreach 
     throughout the entire deployment cycle.
       The conferees are concerned about the adequacy of support 
     available to families of deployed service members, 
     particularly the support available to families of National 
     Guard and reserve personnel who are not located in the 
     vicinity of a military installation with extensive family 
     support programs. The conferees strongly encourage the 
     Secretary of Defense to expeditiously implement and improve 
     programs that will enhance the support available to these 
     families.
     Protection of child custody arrangements for parents who are 
         members of the armed forces deployed in support of a 
         contingency operation (sec. 584)
       The House bill contained a provision (sec. 577) that would 
     amend title II of the Servicemembers Civil Relief Act (SCRA) 
     (50 U.S.C. App. 521 et seq.) to limit the authority of a 
     court to modify or amend a previous order or judgment 
     regarding custody of a child of a service member while the 
     service member is deployed in support of a contingency 
     operation. The provision would also bar courts from 
     considering the absence of the service member by reason of 
     deployment in determining the best interests of a child.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would modify 
     sections 201 and 202 of the SCRA to clarify that the act 
     applies to child custody proceedings.
       The conferees recognize that service members who have been 
     awarded custody of minor children but who are required to 
     deploy or be absent from their children as a result of their 
     military duties are vulnerable to litigation initiated by 
     non-custodial parents. The procedural protections of the SCRA 
     apply in child custody cases and, in most cases, should 
     prevent adverse judgments until members can be present to 
     defend their interests. The modifications to the SCRA 
     included in this provision underscore the importance of SCRA 
     protections in child custody cases. While the facts in child 
     custody disputes are central to determinations of the best 
     interests of minor children, the conferees would urge judges 
     who must decide such cases not to consider the mere absence 
     of a service member who is performing military duty to 
     constitute the sole or even a major factor in a court's 
     determination about what is in the best interests of a child.
     Family leave in connection with injured members of the Armed 
         Forces (sec. 585)
       The House bill contained a provision (sec. 675) that would 
     amend the Family and Medical Leave Act (FMLA) of 1993 (29 
     U.S.C. 2611) to provide leave to an eligible employee in the 
     case of any qualifying exigency, as determined in regulation 
     by the Secretary of Labor, arising from the fact that the 
     spouse, child, or parent of the employee is on active duty or 
     has been notified of an impending call or order to active 
     duty in support of a contingency operation.
       The Senate amendment contained a provision (sec. 1093) that 
     would authorize the Office of Personnel Management to 
     establish a

[[Page H14918]]

     program under which federal civilian employees designated as 
     caregivers could use leave for the purpose of caring for a 
     family member of a member of the armed forces serving on 
     active duty in support of a contingency operation. The 
     provision would authorize the Secretary of Labor to establish 
     a similar voluntary private sector leave program.
       The Senate recedes with an amendment that would also extend 
     the FMLA to provide leave to eligible employees, including 
     federal civilian employees, who are the spouse, son, 
     daughter, parent, or next of kin of a seriously injured 
     service member, in order to care for the service member. The 
     amendment would also extend the amount of leave time 
     available for caregivers of seriously injured service members 
     from 12 workweeks to 26 workweeks.
       The conferees note that this extension of the FMLA to cover 
     caregivers of injured service members conforms with the 
     recommendation made by The President's Commission on Care for 
     America's Returning Wounded Warriors to allow up to 26 
     workweeks of leave to an eligible family member of a service 
     member who has a combat-related injury.
     Family care plans and deferment of deployment of single 
         parent or dual military couples with minor dependents 
         (sec. 586)
       The House bill contained a provision (sec. 578) that would 
     authorize a service member to request deferment from 
     deployment to an area for which imminent danger pay is 
     authorized if the member has minor dependents and a spouse 
     who is a service member deployed to an area for which 
     imminent danger pay is authorized.
       The Senate amendment contained a provision (sec. 1072) that 
     would express the sense of Congress that 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, and that 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 an area for which imminent 
     danger pay is authorized, requests for deferment from 
     deployment due to unforeseen circumstances are rapidly 
     evaluated and that appropriate steps are taken to ensure 
     adequate care for minor dependents.
       The House recedes with an amendment that would require the 
     Secretary of Defense to establish appropriate procedures to 
     ensure that an adequate family care plan is in place for a 
     member of the armed forces with minor dependents who is a 
     single parent or whose spouse is also a member of the armed 
     forces when the member may be deployed in an area for which 
     imminent danger pay is authorized. The procedures should 
     allow the member to request a deferment of deployment due to 
     unforeseen circumstances, and the request should be 
     considered and responded to promptly.
     Education and treatment services for military dependent 
         children with autism (sec. 587)
       The Senate amendment contained a provision (sec. 595) that 
     would require the Secretary of Defense to conduct one or more 
     demonstration projects to evaluate improved approaches to the 
     provision of education and treatment services to military 
     dependent children with autism. The amendment would also 
     require the assignment of case managers for both medical and 
     educational services and the voluntary development of 
     individualized autism services plans.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Defense to conduct a comprehensive assessment of 
     the availability of federal, State, and local education and 
     treatment services on and in the vicinity of certain military 
     installations for children of service members who are 
     diagnosed with autism. The amendment would also require the 
     service secretaries to ensure that, whenever practicable, 
     eligible members are assigned only in geographic areas with 
     educational services and facilities available on or in the 
     vicinity of the military installation that provide special 
     education and related services consistent with the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.). The amendment would authorize one or more 
     demonstration projects to evaluate the provision of 
     educational services and treatment services to eligible 
     dependents.
     Commendation of efforts of Project Compassion in paying 
         tribute to members of the armed forces who have fallen in 
         the service of the United States (sec. 588)
       The Senate amendment contained a provision (sec. 1077) that 
     would express the sense of the Senate commending Kaziah M. 
     Hancock, other Project Compassion volunteer professional 
     portrait artists, and the entire Project Compassion 
     organization for their tireless work in paying tribute to 
     members of the armed forces who have fallen in the service of 
     the United States.
       The House bill contained no similar provision.
       The House recedes with an amendment that would express a 
     sense of Congress that the people of the United States owe 
     the deepest gratitude to Kaziah M. Hancock and the members of 
     Project Compassion.

                       Subtitle I--Other Matters

     Uniform performance policies for military bands and other 
         musical units (sec. 590)
       The House bill contained a provision (sec. 572) that would 
     amend chapter 49 of title 10, United States Code, to provide 
     uniform policy for Department of Defense bands and musical 
     units regarding when public performances are permitted, the 
     conditions under which band members may perform in their 
     personal capacities, and recording of music for distribution 
     to the public.
       The Senate amendment contained a similar provision (sec. 
     592).
       The Senate recedes with a clarifying amendment.
     Transportation of remains of deceased members of the armed 
         forces and certain other persons (sec. 591)
       The House bill contained a provision (sec. 1454) that would 
     require the secretaries of the military services to provide 
     for the delivery of the remains of deceased service members 
     who die in a combat theater of operations and whose remains 
     are returned to the United States through the mortuary 
     facility at Dover Air Force Base, Delaware, to the 
     commercial, general aviation, or military airport, when air 
     transportation is utilized, nearest to the place selected by 
     the person designated to direct the disposition of the 
     remains.
       The Senate amendment contained a similar provision (sec. 
     657).
       The Senate recedes.
     Expansion of number of academies supportable in any State 
         under STARBASE program (sec. 592)
       The House bill contained a provision (sec. 573) that would 
     amend section 2193b of title 10, United States Code, to 
     repeal the limitation on the number of STARBASE academies in 
     each State.
       The Senate amendment contained a provision (sec. 552) that 
     would increase from two to four the maximum number of 
     STARBASE academies in a State that could be supported with 
     Department of Defense funds.
       The House recedes with a technical amendment.
     Gift acceptance authority (sec. 593)
       The House bill contained a provision (sec. 571) that would 
     amend section 2601(b)(4) of title 10, United States Code, to 
     extend from December 31, 2007 to December 31, 2010, the 
     authority for the Secretary of Defense to accept gifts for 
     the benefit of members of the armed forces, civilian 
     employees of the Department of Defense (DOD), and dependents 
     of such members or employees.
       The Senate amendment contained a similar provision (sec. 
     1025) that would make this gift acceptance authority 
     permanent and require the Secretary of Defense to prescribe 
     regulations prohibiting the solicitation of any gift by any 
     DOD employee if the nature or circumstances of the 
     solicitation would compromise the integrity or the appearance 
     of integrity of any DOD program or official.
       The House recedes.
     Conduct by members of the Armed Forces and veterans out of 
         uniform during hoisting, lowering, or passing of United 
         States flag (sec. 594)
       The Senate amendment contained a provision (sec. 1073) that 
     would amend section 9 of title 4, United States Code, to 
     authorize members of the armed forces and veterans not 
     wearing a uniform to render a salute during the ceremony of 
     hoisting or lowering the flag, or when the flag is passing in 
     a parade or in review.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Annual report on cases reviewed by National Committee for 
         Employer Support of the Guard and Reserve (sec. 595)
       The Senate amendment contained a provision (sec. 1044) that 
     would amend section 4332 of title 38, United States Code, to 
     require the Secretary of Veterans Affairs to include in an 
     annual report to Congress the number of cases regarding 
     veterans' employment or reemployment rights 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.
       The House bill contained no similar provision.
       The House recedes.
     Modification of Certificate of Release or Discharge from 
         Active Duty (DD Form 214) (sec. 596)
       The Senate amendment contained a provision (sec. 596) that 
     would require the Secretary of Defense, in consultation with 
     the Secretary of Veterans Affairs, to modify the Certificate 
     of Release or Discharge from Active Duty (DD Form 214) to 
     permit a service member, upon discharge or release from 
     active duty, to elect that the DD 214 be forwarded to the 
     Central Office of the Department of Veterans Affairs or to 
     the appropriate office of the Department of Veterans Affairs 
     for the State or locality where the member will reside.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
       The conferees direct the Secretary of Defense to assess the 
     feasibility of issuing the DD Form 214 containing only the 
     last four digits of a service member's Social Security 
     account number. If the Secretary determines that it is 
     feasible, the Secretary should also determine a timeline for 
     implementing such a change. The Secretary should submit a 
     report of the assessment to the Committees on

[[Page H14919]]

     Armed Services of the Senate and the House of Representatives 
     no later than 180 days after the date of enactment of this 
     Act.
     Reports on administrative separations of members of the Armed 
         Forces for personality disorder (sec. 597)
       The Senate amendment contained a provision (sec. 597) that 
     would require the Secretary of Defense to report to the 
     congressional defense committees by April 1, 2008 on all 
     cases of administrative separation from the armed forces of 
     any service member who had served in Iraq or Afghanistan 
     since October 2001 for personality disorder. Additionally, 
     the provision would prohibit the administrative separation of 
     any such service member until such time as the Secretary of 
     Defense submits that report, unless a clinical review is 
     first conducted in the office of the surgeon general of the 
     military department concerned. The provision would also 
     require the Comptroller General of the United States to 
     report to the congressional defense committees by June 1, 
     2008 on the policies and procedures of the Department of 
     Defense and the military departments relating to the 
     separation of members of the armed forces for personality 
     disorder.
       The House bill contained no similar provision.
       The House recedes with an amendment that would eliminate 
     the prohibition against administrative separation for 
     personality disorder without a review, but would retain the 
     reports required of the Secretary of Defense and the 
     Comptroller General.
     Program to commemorate 50th anniversary of the Vietnam War 
         (sec. 598)
       The House bill included a provision (sec. 576) that would 
     require the Secretary of Defense to conduct a program to 
     commemorate the 50th anniversary of the Vietnam War and to 
     coordinate and support programs of the federal, State, and 
     local governments, and the activities of other persons and 
     organizations, for this purpose. This provision would 
     authorize the establishment of a fund to be administered by 
     the Secretary of Defense and would authorize $3.0 million to 
     be appropriated for deposit in the fund in fiscal year 2008. 
     The provision would also authorize acceptance of voluntary 
     services in support of commemoration activities and direct 
     the program to continue through 2025 with the Secretary 
     determining the schedule of events and priority of efforts 
     for the duration of the program.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would authorize 
     the Secretary to carry out such a program and to determine 
     the duration of the commemoration, and would authorize $1.0 
     million for program planning and activities. The amendment 
     would omit provisions relating to protections to be afforded 
     to volunteers pending further study, planning, and evaluation 
     of the appropriate functions to be performed by volunteers 
     and the conditions under which their services would be 
     accepted.
     Recognition of members of the Monuments, Fine Arts, and 
         Archives program of the Civil Affairs and Military 
         Government Sections of the Armed Forces during and 
         following World War II (sec. 599)
       The House bill contained a provision (sec. 575) that would 
     recognize the men and women who served in the Monuments, Fine 
     Arts, and Archives program under the Civil Affairs and 
     Military Government sections of the United States armed 
     forces for their role in the preservation, protection, and 
     restitution of monuments, works of art, and other artifacts 
     of cultural importance in Europe and Asia during and 
     following World War II.
       The Senate amendment contained no similar provision.
       The Senate recedes.

                   Legislative Provisions Not Adopted

     Cold War Victory Medal
       The House bill contained a provision (sec. 556) that would 
     require the service secretaries to issue a Cold War Victory 
     Medal to former service members who served during the Cold 
     War.
       The Senate amendment contained no similar provision.
       The House recedes.
     Combat veterans mentoring program for current members of the 
         Armed Forces
       The House bill contained a provision (sec. 574) that would 
     require the Secretary of Defense to establish a program that 
     would provide combat veterans the opportunity to meet and 
     mentor current members of the Armed Forces before, during, 
     and after deployments.
       The Senate amendment contained no similar provision.
       The House recedes.
     Emergency assistance for local educational agencies enrolling 
         military dependent children
       The Senate amendment contained a provision (sec. 566) that 
     would authorize the Secretary of Defense to 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.
       The House bill contained no similar provision.
       The Senate recedes.
     Establishment of Combat Medevac Badge
       The House bill contained a provision (sec. 557) that would 
     amend chapter 537 of title 10, United States Code, to require 
     the service secretaries to issue a badge to be known as the 
     Combat Medevac Badge to service members who served in combat 
     after June 25, 1950, as a pilot or crew member of a 
     helicopter medical evacuation ambulance and who meet the 
     requirements for the award of that badge, as prescribed by 
     the secretary concerned.
       The Senate amendment contained no similar provision.
       The House recedes.
     Expansion of exclusion of military permanent professors from 
         strength limitations for officers below general and flag 
         grades
       The Senate amendment contained a provision (sec. 503) that 
     would amend section 523(b) of title 10, United States Code, 
     to increase from 50 to 85 the number of permanent professors 
     for each of the United States Military Academy, and the 
     United States Air Force Academy and professors of the United 
     States Navy who are career military professors who may be 
     excluded from the authorized number of commissioned officers 
     who may be serving on active duty in that grade.
       The House bill contained no similar provision.
       The Senate recedes.
     Heavily impacted local educational agencies
       The Senate amendment contained a provision (sec. 565) that 
     would require the Secretary of Education to 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 for the 
     fiscal year for which the determination is made.
       The House bill contained no similar provision.
       The Senate recedes.
     Navy Senior Reserve Officers' Training Corps program at 
         University of Miami, Coral Gables, Florida
       The House bill contained a provision (sec. 528) that would 
     authorize the Secretary of the Navy to establish and maintain 
     a Navy Senior Officers' Training Corps program at the 
     University of Miami, Coral Gables, Florida.
       The Senate amendment contained no similar provision.
       The House recedes.
     Prohibition on the unauthorized use of names and images of 
         members of the Armed Forces
       The House bill contained a provision (sec. 582) that would, 
     except when authorized by an individual or the individual's 
     survivor, prohibit the knowing use of the name or picture of 
     a current or former service member in connection with any 
     merchandise, retail product, impersonation, solicitation, or 
     commercial activity in a manner reasonably calculated to 
     connect the protected individual with that individual's 
     service in the armed forces.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees direct the Secretary of Defense to conduct a 
     study on the issue of protecting the use of names and images 
     of current and former members of the armed services, both 
     living and deceased. This study should include an analysis of 
     the legal issues related to the limitations placed on the use 
     of the names and images of these current and former military 
     personnel by non-U.S. Government entities. This study should 
     specifically address the use of these names and images on 
     commercial products and merchandise as well as the privacy 
     rights of the service members and their family and next of 
     kin in association with this use. The study should also 
     include options and recommendations for protecting service 
     members' names and images. The Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the results of this study not 
     later than 90 days after the enactment of this Act. In 
     addition, the conferees have asked the Congressional Research 
     Service to do a similar study in order to obtain multiple 
     legal viewpoints on this important topic.
       It is the sense of the conferees that the commercial use of 
     names and images of deceased service members should be 
     treated with respect and dignity, and that individuals should 
     take into account the feelings of the family and next-of-kin 
     of those service members when using their names and images, 
     especially if the family members have requested that their 
     son or daughter's name and/or image not be used.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

     Fiscal year 2008 increase in military basic pay (sec. 601)
       The House bill contained a provision (sec. 601) that would 
     authorize a pay raise for the members of the uniformed 
     services of 3.5 percent effective on January 1, 2008. This 
     across-the-board pay raise is 0.5 percent above the budget 
     request.
       The Senate amendment contained a similar provision (sec. 
     601).
       The House recedes.
     Basic allowance for housing for reserve component members 
         without dependents who attend accession training while 
         maintaining a primary residence (sec. 602)
       The House bill contained a provision (sec. 602) that would 
     authorize unmarried reserve

[[Page H14920]]

     component members without dependents to receive basic 
     allowance for housing while attending initial training 
     following accession, provided that the member maintains a 
     permanent residence.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Extension and enhancement of authority for temporary lodging 
         expenses for members of the armed forces in areas subject 
         to major disaster declaration or for installations 
         experiencing sudden increase in personnel levels (sec. 
         603)
       The Senate amendment contained a provision (sec. 605) that 
     would increase from 20 to 60 the maximum number of days the 
     secretary of a military department may pay temporary lodging 
     expenses associated with changes of permanent station 
     involving installations located in an area subject to a 
     declaration of major disaster or experiencing a sudden 
     increase in personnel moving to or from that installation.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Income replacement payments for reserve component members 
         experiencing extended and frequent mobilization for 
         active duty service (sec. 604)
       The House bill contained a provision (sec. 603) that would 
     clarify the eligibility criteria for payments under the 
     reserve income replacement program. The provision would 
     change the method for measuring cumulative periods of 
     qualifying service by counting cumulative days, rather than 
     months. The provision would also authorize the continuation 
     of income replacement payments in the case of service members 
     who are retained on active duty to receive authorized medical 
     care or to be evaluated for disability.
       The Senate amendment contained a similar provision (sec. 
     681).
       The Senate recedes with a technical amendment.
     Midmonth payment of basic pay for contributions of members of 
         the uniformed services participating in Thrift Savings 
         Plan (sec. 605)
       The House bill contained a provision (sec. 604) that would 
     authorize the Department of Defense to make midmonth 
     contributions to the Thrift Savings Fund on behalf of members 
     of the uniformed services who participate in the Thrift 
     Savings Plan.
       The Senate amendment contained a similar provision (sec. 
     603).
       The Senate recedes with a technical amendment.

           Subtitle B--Bonuses and Special and Incentive Pays

     Extension of certain bonus and special pay authorities for 
         reserve forces (sec. 611)
       The House bill contained a provision (sec. 611) that would 
     extend for 2 years the authority to pay the Selected Reserve 
     reenlistment bonus; the Selected Reserve affiliation or 
     enlistment bonus; the special pay for enlisted members 
     assigned to certain high priority units; the Ready Reserve 
     enlistment bonus for persons without prior service; the Ready 
     Reserve enlistment and reenlistment bonus for persons with 
     prior service; and the Selected Reserve enlistment bonus for 
     persons with prior service.
       The Senate amendment contained a similar provision (sec. 
     611) that would extend for 1 year the authority to pay the 
     same bonus and special pay authorities.
       The House recedes.
     Extension of certain bonus and special pay authorities for 
         health care professionals (sec. 612)
       The House bill contained a provision (sec. 612) that would 
     extend for 2 years the authority to pay the nurse officer 
     candidate accession bonus; the repayment of education loans 
     for certain health professionals who serve in the Selected 
     Reserve; the accession bonus for registered nurses; incentive 
     special pay for nurse anesthetists; special pay for Selected 
     Reserve health professionals in critically short wartime 
     specialities; the accession bonus for dental officers; the 
     accession bonus for pharmacy officers; the accession bonus 
     for medical officers in critically short wartime specialties; 
     and the accession bonus for dental specialist officers in 
     critically short wartime specialities.
       The Senate amendment contained a similar provision (sec. 
     612) that would extend for 1 year the authority to pay the 
     same bonus and special pay authorities.
       The House recedes.
     Extension of special pay and bonus authorities for nuclear 
         officers (sec. 613)
       The House bill contained a provision (sec. 613) that would 
     extend for 2 years the authority to pay the special pay for 
     nuclear-qualified officers extending their period of active 
     service; the nuclear career accession bonus; and the nuclear 
     career annual incentive bonus.
       The Senate amendment contained a similar provision (sec. 
     613) that would extend for 1 year the authority to pay the 
     same special pay and bonus authorities.
       The House recedes.
     Extension of authorities relating to payment of other bonuses 
         and special pays (sec. 614)
       The House bill contained a provision (sec. 614) that would 
     extend for 2 years the authority to pay the aviation officer 
     retention bonus; the reenlistment bonus for active members; 
     the enlistment bonus; the retention bonus for members with 
     critical military skills or assigned to high priority units; 
     the accession bonus for new officers in critical skills; the 
     incentive bonus for conversion to military occupational 
     speciality to ease personnel shortage; the accession bonus 
     for officer candidates; and the Army referral bonus. The 
     provision would extend for 1 year the authority to pay the 
     assignment incentive pay and the incentive bonus for transfer 
     between the armed forces.
       The Senate amendment contained a similar provision (sec. 
     614) that would extend for 1 year the authority to pay the 
     aviation officer retention bonus; the reenlistment bonus for 
     active members; the enlistment bonus; the retention bonus for 
     members with critical military skills or assigned to high 
     priority units; the accession bonus for new officers in 
     critical skills; the incentive bonus for conversion to 
     military occupational speciality to ease personnel shortage; 
     and the accession bonus for officer candidates. The Senate 
     extended for 1 year the authority to pay the Army referral 
     bonus in a separate provision (sec. 622).
       The House recedes with an amendment that would extend for 1 
     year the prohibition against requiring certain injured 
     service members to pay for meals provided by military 
     treatment facilities.
     Increase in incentive special pay and multiyear retention 
         bonus for medical officers (sec. 615)
       The House bill contained a provision (sec. 615) that would 
     increase the maximum annual rate of incentive special pay and 
     the multiyear retention bonus for medical officers from 
     $50,000 to $75,000.
       The Senate amendment contained a similar provision (sec. 
     615).
       The Senate recedes with a technical amendment.
     Increase in dental officer additional special pay (sec. 616)
       The House bill contained a provision (sec. 616) that would 
     increase the maximum annual amounts of additional special pay 
     for dental officers to $10,000 for officers with less than 3 
     years of creditable service and $12,000 for officers with 
     more than 3 but less than 10 years of creditable service.
       The Senate amendment contained a similar provision (sec. 
     616).
       The House recedes with a technical amendment.
     Increase in maximum monthly rate of hardship duty pay and 
         authority to provide hardship duty pay in a lump sum 
         (sec. 617)
       The House bill contained a provision (sec. 624) that would 
     raise the maximum monthly amount of hardship duty pay to 
     $1500. The provision would also authorize the payment of 
     hardship duty pay in a lump sum.
       The Senate amendment contained a similar provision (sec. 
     617).
       The House recedes with a technical amendment.
     Definition of sea duty for career sea pay to include service 
         as off-cycle crewmembers of multi-crew ships (sec. 618)
       The House bill contained a provision (sec. 617) that would 
     authorize off-cycle crewmembers of multi-crewed ships to be 
     eligible for career sea pay.
       The Senate amendment contained a similar provision (sec. 
     618).
       The Senate recedes with a technical amendment.
     Reenlistment bonus for members of the Selected Reserve (sec. 
         619)
       The House bill contained a provision (sec. 618) that would 
     provide the Department of Defense with more flexibility in 
     administering the reenlistment bonus. The provision would 
     eliminate the 3- and 6-year options currently in law and 
     require only that the period of reenlistment be at least 3 
     years. Similarly, the provision would eliminate the tiered 
     bonus structure and require only that the bonus not exceed 
     $15,000.
       The Senate amendment contained a similar provision (sec. 
     619).
       The Senate recedes with a technical amendment.
     Availability of Selected Reserve accession bonus for persons 
         who previously served in the armed forces for a short 
         period (sec. 620)
       The House bill contained a provision (sec. 619) that would 
     authorize payment of a Selected Reserve enlistment bonus to 
     persons who had enlisted previously, but were unable to 
     complete basic training requirements due to circumstances 
     beyond their control and were separated under conditions 
     characterized as either honorable or uncharacterized.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees believe that the Department of Defense should 
     limit its use of this authority to cases where the former 
     service member was separated from the military through no 
     fault of his or her own, such as an injury, family medical 
     emergency, or other case of hardship that forced the service 
     member to separate prematurely.
     Availability of nuclear officer continuation pay for officers 
         with more than 26 years of commissioned service (sec. 
         621)
       The House bill contained a provision (sec. 620) that would 
     extend eligibility for nuclear officer continuation pay from 
     26 to 30 years of commissioned service.
       The Senate amendment contained a similar provision (sec. 
     620).

[[Page H14921]]

       The Senate recedes with an amendment that would authorize 
     revision of agreements for nuclear officer continuation pay 
     that were entered into before the date of the enactment of 
     this Act.
     Waiver of years-of-service limitation on receipt of critical 
         skills retention bonus (sec. 622)
       The House bill contained a provision (sec. 621) that would 
     authorize the Secretary of Defense, or the Secretary of 
     Homeland Security with respect to the Coast Guard when it is 
     not operating as a service in the Navy, to waive the 25-year 
     service limitation on eligibility to receive the retention 
     bonus for certain members with designated critical military 
     skills.
       The Senate amendment contained a similar provision (sec. 
     621).
       The Senate recedes.
     Accession bonus for participants in the Armed Forces Health 
         Professions Scholarship and Financial Assistance Program 
         (sec. 623)
       The House bill contained a provision (sec. 622) that would 
     authorize the Secretary of Defense to pay an accession bonus 
     of not more than $20,000 to participants in the Armed Forces 
     Health Professions Scholarship and Financial Assistance 
     Program (HPSP).
       The Senate amendment contained a similar provision (sec. 
     624).
       The House recedes with a technical amendment.
       The conferees direct the Comptroller General of the United 
     States to report to the congressional defense committees by 
     April 1, 2008 on the number of HPSP participants who do not 
     enter onto active duty following completion of the program of 
     studies for which they were enrolled under HPSP, including 
     the extent to which the military departments have sought and 
     received reimbursement for stipends paid under section 
     2121(d) of title 10, United States Code, or annual grants 
     paid for specialized training under section 2127(e) of title 
     10, United States Code.
     Payment of assignment incentive pay for reserve members 
         serving in combat zone for more than 22 months (sec. 624)
       The House bill contained a provision (sec. 623) that would 
     authorize the secretaries of the military departments to pay 
     $1,000 per month in assignment incentive pay to members of 
     the reserve components serving in combat zones associated 
     with Operations Enduring Freedom and Iraqi Freedom once the 
     member exceeds 22 cumulative months of service on active duty 
     under either a voluntary mobilization authority, the 
     presidential Selected Reserve call-up authority, or the 
     partial mobilization authority. Qualifying service under this 
     provision would include cumulative mobilized service during 
     the period beginning on January 1, 2003 through the end of 
     the member's most recent period of mobilization to active 
     duty beginning before January 19, 2007.
       The Senate amendment contained no similar provision.
       The Senate recedes.

            Subtitle C--Travel and Transportation Allowances

     Payment of inactive duty training travel costs for certain 
         Selected Reserve members (sec. 631)
       The House bill contained a provision (sec. 635) that would 
     authorize the secretary of a military service to reimburse 
     members of the Selected Reserve who occupy a specialty 
     designated by the secretary concerned for travel expenses 
     while performing inactive duty training outside the commuting 
     limits of the member's station. The maximum rate would not 
     exceed $300.
       The Senate amendment contained a similar provision (sec. 
     604) that would authorize reimbursement for travel expenses 
     to an inactive duty training location outside of normal 
     commuting distances for members of the Selected Reserve who 
     are (1) qualified in a skill designated as critically short; 
     (2) assigned to a unit of the Selected Reserve, or in a pay 
     grade, with a critical manpower shortage; or (3) assigned to 
     a unit or position that is disestablished or relocated as a 
     result of defense base closure or realignment or other force 
     structure allocation.
       The House recedes with a technical amendment.
     Survivors of deceased members eligible for transportation to 
         attend burial ceremonies (sec. 632)
       The Senate amendment contained a provision (sec. 656) that 
     would extend the travel and transportation allowance to 
     attend burial ceremonies of deceased service members under 
     section 411f of title 37, United States Code, to minor 
     siblings of deceased service members and the person who 
     directs the disposition of the remains of the deceased 
     service member.
       The House bill contained no similar provision.
       The House recedes with an amendment that would extend the 
     travel and transportation allowance to the child or children 
     of the deceased member and to the sibling or siblings of the 
     deceased service member, regardless of age.
     Allowance for participation of reserves in electronic 
         screening (sec. 633)
       The House bill contained a provision (sec. 631) that would 
     authorize the secretaries of the military services to pay a 
     member of the Individual Ready Reserve a stipend for 
     participation in electronic screening performed pursuant to 
     the continuous screening required by section 10149 of title 
     10, United States Code. The aggregate amount of the stipend 
     paid to a member may not exceed $50 in any calendar year.
       The Senate amendment contained a similar provision (sec. 
     602).
       The House recedes.
     Allowance for civilian clothing for members of the armed 
         forces traveling in connection with medical evacuation 
         (sec. 634)
       The House bill contained a provision (sec. 632) that would 
     authorize service members to use some or all of the civilian 
     clothing allowance authorized by section 1047 of title 10, 
     United States Code, to purchase luggage at government expense 
     when traveling in connection with a medical evacuation.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Payment of moving expenses for Junior Reserve Officers' 
         Training Corps instructors in hard-to-fill positions 
         (sec. 635)
       The House bill contained a provision (sec. 633) that would 
     authorize the secretary of a military department to reimburse 
     educational institutions for moving expenses paid to Junior 
     Reserve Officers' Training Corps instructors when the 
     secretary concerned determines the position is hard-to-fill 
     for geographic or economic reasons, and the instructor agrees 
     to serve in the position for 2 years.
       The Senate amendment contained a similar provision (sec. 
     642).
       The House recedes with a technical amendment.

             Subtitle D--Retired Pay and Survivor Benefits

     Expansion of combat-related special compensation eligibility 
         (sec. 641)
       The House bill contained a provision (sec. 645) that would 
     authorize disabled military retirees with fewer than 20 years 
     of service to receive combat-related special compensation 
     under section 1413a of title 10, United States Code, provided 
     they served a minimum of 15 years of creditable service and 
     have a disability rated at least 60 percent disabling.
       The Senate amendment contained a similar provision (sec. 
     653) that would expand eligibility of combat-related special 
     compensation to all service members eligible for retirement 
     pay who have a combat-related disability, including service 
     members who were retired under chapter 61 of title 10, United 
     States Code.
       The House recedes with a technical amendment.
     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. 642)
       The Senate amendment contained a provision (sec. 660) that 
     would authorize veterans with service-connected disabilities 
     rated as total due to unemployability to receive concurrent 
     receipt of retired pay and veterans' disability compensation 
     as of December 31, 2004.
       The House bill contained no similar provision.
       The House recedes with an amendment that would restrict 
     payments under this provision until October 1, 2008.
     Recoupment of annuity amounts previously paid, but subject to 
         offset for Dependency and Indemnity Compensation (sec. 
         643)
       The House bill contained a provision (sec. 643) that would 
     require that any Survivor Benefit Plan (SBP) payments 
     previously paid to a surviving spouse or former spouse that 
     are subject to the mandatory offset associated with payments 
     of Dependency and Indemnity Compensation by the Department of 
     Veterans Affairs be recouped only to the extent that the 
     amount exceeds any SBP premiums to be refunded by the 
     Department of Defense. In addition, the provision would 
     specify a series of actions to protect the interests of 
     surviving spouses who are subject to the offset, including: 
     (1) a single written notice of the net amount to be recouped; 
     (2) a written explanation of the statutory requirements for 
     recoupment; (3) a detailed accounting of the calculations 
     used to determine the amount to be recouped; and (4) contact 
     information for a person who can provide information and 
     respond to questions regarding the recoupment action.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Special survivor indemnity allowance for persons affected by 
         required Survivor Benefit Plan annuity offset for 
         Dependency and Indemnity Compensation (sec. 644)
       The House bill contained a provision (sec. 644) that would 
     authorize a survivor indemnity allowance to surviving spouses 
     or former spouses of deceased service members who are denied 
     the full amount of their annuity under the Survivor Benefit 
     Plan (SBP) due to the offset required by the receipt of 
     Dependency and Indemnity Compensation (DIC) from the 
     Department of Veterans Affairs. The provision would authorize 
     monthly payments equal to the lesser amount of $40 or the 
     amount of the SBP annuity subject to the DIC offset. The 
     House provision would take effect October 1, 2008.
       The Senate amendment contained a provision (sec. 658) that 
     would eliminate the offset of the SBP annuity by the amount 
     of DIC.
       The Senate recedes with an amendment that would limit the 
     survivor indemnity allowance to survivors of service members 
     who

[[Page H14922]]

     were entitled to retired pay, or would be entitled to reserve 
     component retired pay but for the fact they were not yet 60 
     years of age, would increase the monthly allowance for fiscal 
     year 2009 to $50, and would increase the monthly allowance by 
     $10 every year through fiscal year 2013.
     Modification of authority of members of the armed forces to 
         designate recipients for payment of death gratuity (sec. 
         645)
       The House bill contained a provision (sec. 642) that would 
     amend section 1477 of title 10, United States Code, to allow 
     a service member to designate any individual to receive up to 
     50 percent of the death gratuity benefit in 10 percent 
     increments.
       The Senate amendment contained a provision (sec. 651) that 
     would allow a service member to designate in writing any 
     individual to receive the death gratuity benefit. In the 
     absence of such a designation, the death gratuity would be 
     paid in accordance with the succession set forth in section 
     1970 of title 38, United States Code, relating to 
     Servicemembers' Group Life Insurance (SGLI).
       The House recedes with an amendment that would make the 
     provision effective no later than July 1, 2008; provide for 
     spousal notification if an election were made under this 
     authority that would exclude a current spouse from any 
     portion of the death gratuity benefit; provide for partial 
     designations in 10 percent increments; and provide that 
     elections made under section 1477 of title 10, United States 
     Code, before the enactment of this provision, or before 
     enactment of the amendments to that section by section 1316 
     of the U.S. Troop Readiness, Veterans' Care, Katrina 
     Recovery, and Iraq Accountability Appropriations Act, 2007 
     (Public Law 110-28), would remain lawful and effectual.
       The conferees believe that service members have the duty 
     and should have the discretion to designate beneficiaries of 
     their choosing for receipt of the death gratuity. The 
     conferees view the SGLI and its statutory basis, as set forth 
     in section 1970 of title 38, United States Code, as the 
     appropriate model for the administration of the death 
     gratuity benefit. The conferees expect the Department of 
     Defense and the services to implement these changes swiftly 
     and to use all appropriate measures to ensure that service 
     members are informed about this important survivor benefit 
     and receive the assistance necessary to make this important 
     designation.
     Clarification of application of retired pay multiplier 
         percentage to members of the uniformed services with over 
         30 years of service (sec. 646)
       The Senate amendment contained a provision (sec. 654) that 
     would authorize, in the case of an individual who became a 
     member of the armed services prior to September 8, 1980, and 
     who was recalled to active duty for a period of more than 2 
     years, recomputation of that member's retired pay according 
     to the provisions of section 1409 of title 10, United States 
     Code. The provision would also amend section 6333 of title 
     10, United States Code, to conform that section to the 
     provisions of section 1409 of title 10, United States Code.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     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. 647)
       The Senate amendment contained a provision (sec. 655) that 
     would reduce the age at which a member of the Ready Reserve 
     could draw retired pay below the age of 60 by 3 months for 
     every aggregate 90 days of active duty performed since 
     September 11, 2001 under certain mobilization authorities. 
     Under this provision, a member of the Ready Reserve could not 
     reduce the age at which they draw retired pay below the age 
     of 50.
       The House bill contained no similar provision.
       The House recedes with an amendment that would limit the 
     applicability of the provision to service performed after the 
     date of enactment of this Act.
     Computation of years of service for purposes of retired pay 
         for non-regular service (sec. 648)
       The Senate amendment contained a provision (sec. 661) that 
     would increase to 130 the annual number of inactive duty 
     points that may be credited toward the computation of retired 
     pay for non-regular service.
       The House bill contained no similar provision.
       The House recedes.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

     Authority to continue commissary and exchange benefits for 
         certain involuntarily separated members of the armed 
         forces (sec. 651)
       The House bill contained a provision (sec. 652) that would 
     authorize members involuntarily separated from active duty or 
     the Selected Reserve to continue to use commissary and 
     exchange stores for 2 years after separation. This authority 
     would expire on December 31, 2012.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Authorization of installment deductions from pay of employees 
         of nonappropriated fund instrumentalities to collect 
         indebtedness to the United States (sec. 652)
       The House bill contained a provision (sec. 653) that would 
     clarify that executive branch instrumentalities have the same 
     access to procedures for collection of debts from federal 
     civilian employees as do judicial and legislative branch 
     instrumentalities under section 5514 of title 5, United 
     States Code.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would clarify 
     that nonappropriated fund instrumentalities have access to 
     the debt collection procedures of section 5514 of title 5, 
     United States Code, and that employees of nonappropriated 
     fund instrumentalities are subject to those provisions.

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

     Consolidation of special pay, incentive pay, and bonus 
         authorities of the uniformed services (sec. 661)
       The House bill contained a provision (sec. 661) that would 
     reform and consolidate over 60 special pays and incentive 
     pays into the following eight categories: (1) bonuses for 
     enlisted members; (2) bonuses for officers; (3) bonuses and 
     incentive pays for nuclear officers; (4) bonuses and 
     incentive pays for aviation officers; (5) bonuses and 
     incentive pays for officers in health professions; (6) 
     hazardous duty pays; (7) assignment pays and special duty 
     pays; and (8) skill incentive pays and proficiency bonuses. 
     The provision would also retain separate authorities for 15-
     year career status bonuses, critical skill retention bonuses, 
     and the continuation of combat zone-related pays and 
     allowances for members hospitalized as a result of combat-
     related wounds, injuries, or illnesses.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would set 
     expiration dates of December 31, 2009 for all the new 
     categories of pays and would clarify the maximum amounts 
     allowable for the various pays under the new authority.
     Transitional provisions (sec. 662)
       The House bill contained a provision (sec. 662) that would 
     require the Secretary of Defense to develop, in coordination 
     with the Secretary of Homeland Security, the Secretary of 
     Health and Human Services, and the Secretary of Commerce, a 
     plan to implement the consolidation of special pays, 
     incentive pays, and bonus authorities and to submit the plan 
     to the congressional defense committees within 1 year of the 
     date of enactment of this Act. The provision would also 
     provide for an orderly transfer to the new authorities that 
     would be implemented on a pace set by the Secretary of 
     Defense with full implementation required within 10 years 
     after the date of enactment of this Act.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense to submit to the congressional defense 
     committees a notice of the implementation of any new 
     authority at least 30 days before the new authority is first 
     used.

                       Subtitle G--Other Matters

     Referral bonus authorities (sec. 671)
       The House bill contained a provision (sec. 605) that would 
     authorize an Army referral bonus to be paid to a service 
     member or civilian employee of the Department of the Army who 
     refers an officer candidate who is later appointed as an 
     officer in a health profession designated by the Secretary of 
     the Army.
       The Senate amendment contained similar provisions (secs. 
     622 and 623) that would authorize the service secretaries to 
     approve a referral bonus for officer candidates in the health 
     professions for all the military services, codify existing 
     authority for the Army to pay a referral bonus to a service 
     member or civilian employee who refers a person to the Army 
     who enlists in a regular or reserve component, and extend the 
     authority to pay this bonus through December 31, 2008.
       The House recedes with an amendment that would give the 
     Secretary of Defense discretionary authority to approve 
     payment by the Army, Navy, or Air Force of a bonus to 
     encourage Department of Defense personnel to refer persons 
     for appointment as officers to serve in a health profession.
     Expansion of education loan repayment program for members of 
         the Selected Reserve (sec. 672)
       The House bill contained a provision (sec. 671) that would 
     include additional types of loans incurred for educational 
     purposes by members of the Selected Reserve that would be 
     eligible for repayment by the Department of Defense. The 
     provision would also make both officer and enlisted personnel 
     eligible for loan repayment under this program.
       The Senate amendment contained a similar provision (sec. 
     672).
       The Senate recedes.
     Ensuring entry into United States after time abroad for 
         permanent resident alien military spouses and children 
         (sec. 673)
       The House bill contained a provision (sec. 672) that would 
     allow permanent resident alien spouses and children of 
     service members stationed abroad under official orders to 
     gain readmission to the United States without their time 
     overseas being treated under the Immigration and Nationality 
     Act as abandonment or relinquishment of lawful

[[Page H14923]]

     permanent resident status or as an absence for the purposes 
     of establishing citizenship.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Overseas naturalization for military spouses and children 
         (sec. 674)
       The House bill contained a provision (sec. 673) that would 
     allow certain permanent-resident spouses and children of 
     members of the armed forces who reside in foreign countries 
     to be naturalized. Under the provision, upon compliance with 
     other requirements of the Immigration and Nationality Act, 
     the spouse or child's physical presence in a foreign country 
     while accompanying the member would be treated as residence 
     in the United States or any State for the purpose of 
     satisfying the continuous presence requirements of the Act.
       The Senate amendment contained a similar provision (sec. 
     682).
       The Senate recedes with a technical amendment.
     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 (sec. 675)
       The Senate amendment contained a provision (sec. 686) that 
     would amend section 667 of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001 (Public Law 
     106-398) to modify the method by which the Secretary of the 
     Navy calculates back pay owed to former service members who 
     by reason of being interned as prisoners of war were unable 
     to accept a promotion for which they had been selected. The 
     provision would require the calculation to account for 
     changes in the Consumer Price Index.
       The House bill contained no similar amendment.
       The House recedes.

                   Legislative Provisions Not Adopted

     Access to defense commissary and exchange system by surviving 
         spouse and dependents of certain disabled veterans
       The House bill contained a provision (sec. 651) that would 
     require the Secretary of Defense to revise regulations to 
     ensure access to the defense commissary and exchange system 
     by the surviving spouse and dependents of a veteran who had a 
     service-connected disability rated at 100 percent or total, 
     although the disability rating was awarded posthumously.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees believe that the change in the regulations 
     needed to appropriately recognize surviving spouses and 
     dependents of veterans who are posthumously determined to 
     have service-connected disabilities rated at 100 percent can 
     be accomplished without legislation. Accordingly, the 
     conferees direct the Secretary of Defense to revise the 
     Department of Defense regulations to provide such family 
     members access to the defense commissary and exchange system.
     Annuities for guardians or caretakers of dependent children 
         under Survivor Benefit Plan
       The Senate amendment contained a provision (sec. 652) that 
     would allow an unmarried service member with a dependent 
     child or children to elect, at the time of retirement, a 
     guardian or caretaker of that dependent child or children as 
     the beneficiary of the service member's Survivor Benefit Plan 
     annuity.
       The House bill contained no similar provision.
       The Senate recedes.
     Disregarding periods of confinement of member in determining 
         benefits for dependents who are victims of abuse by the 
         member
       The House bill contained a provision (sec. 641) that would 
     amend section 1408 of title 10, United States Code, to 
     require the secretary concerned to consider as credible 
     service for purposes of determining retirement eligibility 
     any periods of confinement served by a member before 
     convening authority action on a record of trial regarding the 
     member's conviction of an offense involving abuse of a spouse 
     or dependent child
       The Senate amendment contained no similar provision.
       The House recedes.
     Effective date of paid-up coverage under Survivor Benefit 
         Plan
       The Senate amendment contained a provision (sec. 659) that 
     would amend section 1452(j) of title 10, United States Code, 
     to change the effective date for paid-up coverage under the 
     Survivor Benefit Plan from October 1, 2008 to October 1, 
     2007.
       The House bill contained no similar provision.
       The Senate recedes.
     Guaranteed pay increase for members of the armed forces of 
         one-half of one percentage point higher than Employment 
         Cost Index
       The House bill contained a provision (sec. 606) that would 
     mandate that pay raises for all service members during fiscal 
     years 2009 through 2012 be one-half of 1 percent higher than 
     the annual rise in the Employment Cost Index.
       The Senate amendment contained no similar provision.
       The House recedes.
     Payment of expenses of travel to the United States for 
         obstetrical purposes of dependents located in very remote 
         locations outside the United States
       The Senate amendment contained a provision (sec. 641) that 
     would authorize the Secretary of Defense to pay travel 
     expenses for purposes of childbirth to a location in the 
     United States of a pregnant dependent of a service member 
     assigned to a very remote location outside the United States.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees direct the Secretary of Defense to conduct a 
     review, in consultation with the Chairman of the Joint Chiefs 
     and the combatant commanders, of the quality of life 
     challenges confronted by military families at remote overseas 
     locations. The review should include a review of current 
     policies and procedures regarding the delivery of obstetrical 
     care provided to medical beneficiaries. In particular, the 
     Secretary should compare and contrast the current policy of 
     transporting pregnant women to centrally located government 
     medical facilities with a policy of providing women the 
     opportunity to return to the United States to give birth. The 
     Secretary should report the findings and recommendations to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives not later than June 30, 2008.
     Postal benefits program for members of the armed forces 
         serving in Iraq or Afghanistan
       The House bill contained a provision (sec. 674) that would 
     require the Secretary of Defense, in consultation with the 
     United States Postal Service, to provide a postal benefits 
     program to service members serving in Iraq or Afghanistan, or 
     who are hospitalized in a Department of Defense facility as a 
     result of service in Iraq or Afghanistan.
       The Senate amendment contained no similar provision.
       The House recedes.
     Transportation of additional motor vehicle of members on 
         change of permanent station to or from nonforeign areas 
         outside the continental United States
       The House bill contained a provision (sec. 634) that would 
     authorize service members with at least one dependent of 
     driving age to ship two privately owned vehicles during 
     permanent change of station moves to nonforeign duty 
     locations outside the continental United States.
       The Senate amendment contained no similar provision.
       The House recedes.

                   TITLE VII--HEALTH CARE PROVISIONS

          Subtitle A--Improvements to Military Health Benefits

     One-year extension of prohibition on increases in certain 
         health care costs for members of the uniformed services 
         (sec. 701)
       The House bill contained a provision (sec. 701) that would 
     extend the prohibition established by the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364) on the Department of Defense from 
     increasing the premium, deductible, and copayment for TRICARE 
     Prime; the charge for inpatient care for TRICARE Standard; 
     and the premium for TRICARE Reserve Select and TRICARE 
     Standard for members of the Selected Reserve during the 
     period from October 1, 2007, to September 30, 2008.
       The Senate amendment contained a similar provision (sec. 
     713).
       The House recedes with a technical amendment.
       The conferees believe that the Department of Defense and 
     the Nation have an obligation to provide health care benefits 
     to active duty, National Guard, reserve, and retired members 
     of the uniformed services and their families, disabled 
     eligibles, and survivors. Additionally, the Department has 
     options to constrain the growth of health care spending in 
     ways that do not disadvantage retired members of the 
     uniformed services who have faithfully fulfilled the demands 
     of 20 to 30 year careers.
       The conferees urge the Department to continue to identify 
     opportunities to improve the quality and effectiveness of the 
     military health care system through improved performance and 
     health care outcomes. The conferees believe that any increase 
     in TRICARE program cost sharing should be made only after 
     implementation of improvements in the health care program, 
     after consideration of the comprehensive reports mandated by 
     Congress in sections 711 and 713 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364), and following consultation with military 
     beneficiary advocates.
     Temporary prohibition on increase in copayments under retail 
         pharmacy system of pharmacy benefits program (sec. 702)
       The House bill contained a provision (sec. 702) that would 
     limit the cost sharing requirements for drugs provided 
     through the TRICARE retail pharmacy program to amounts not 
     more than $3 for generic drugs, $9 for formulary drugs, and 
     $22 for non-formulary drugs during fiscal year 2008.
       The Senate amendment contained an identical provision (sec. 
     714). The conference agreement includes this provision.
     Inclusion of TRICARE retail pharmacy program in federal 
         procurement of pharmaceuticals (sec. 703)
       The House bill contained a provision (sec. 703) that would 
     authorize the Secretary of Defense to exclude from the 
     pharmacy benefits program any pharmaceutical agent that

[[Page H14924]]

     is not priced consistent with the pricing set forth under 
     section 8126 of title 38, United States Code.
       The Senate amendment contained a provision (sec. 701) that 
     would require that any prescription filled on or after 
     October 1, 2007 through the TRICARE retail pharmacy network 
     will be covered by the federal pricing limits applicable to 
     covered drugs under section 8126 of title 38, United States 
     Code.
       The House recedes with an amendment that would change the 
     implementation date from October 1, 2007 to the date of 
     enactment of this Act.
     Stipend for members of reserve components for health care for 
         certain dependents (sec. 704)
       The House bill contained a provision (sec. 708) that would 
     authorize the Secretary of Defense to pay a stipend for 
     continuing health care coverage to reserve members called to 
     active duty with a dependent possessing a special health care 
     need that would best be met by remaining in the member's 
     civilian health plan.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     program to be implemented pursuant to regulations issued by 
     the Secretary.
       The conferees intend that the stipend should be available 
     to eligible dependents regardless of whether their civilian 
     health plan is provided by private employers or the Federal 
     Government.
     Authority for expansion of persons eligible for continued 
         health benefits coverage (sec. 705)
       The Senate amendment contained a provision (sec. 706) that 
     would authorize the Secretary of Defense to expand 
     eligibility for continued health benefits coverage authorized 
     in section 1078a of title 10, United States Code, for 
     additional persons specified in regulations by the Secretary 
     for not more than 36 months after such persons lose 
     entitlement to Department of Defense health care benefits.
       The House bill contained no similar provision.
       The House recedes.
     Continuation of eligibility for TRICARE Standard coverage for 
         certain members of the Selected Reserve (sec. 706)
       The Senate amendment contained a provision (sec. 707) that 
     would allow federal employees already enrolled in TRICARE 
     Reserve Select under an existing program to remain in TRICARE 
     Reserve Select through the enrollment period for which they 
     qualified under the program as in effect on October 16, 2006.
       The House bill contained no similar provision.
       The House recedes.
     Extension of pilot program for health care delivery (sec. 
         707)
       The House bill contained a provision (sec. 707) that would 
     extend the pilot program established by the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375) to test initiatives that build 
     cooperative health care arrangements and agreements between 
     military installations and local, regional non-military 
     health care systems.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       Two sites were selected to test the pilot program, the 
     installations at Fort Drum, New York, and Yuma, Arizona. The 
     Department of Defense provided the Committees on Armed 
     Services of the Senate and the House of Representatives with 
     an interim report on the status of these programs. The 
     conferees are pleased that the results of the report are 
     favorable and indicate that the collaborative relationships 
     created through the pilots are benefitting both military and 
     civilian health care beneficiaries and providers. The 
     conferees expect the Department to share the lessons learned 
     from these collaborative efforts with other installations and 
     expand such programs where appropriate.
     Inclusion of mental health care in definition of health care 
         and report on mental health care services (sec. 708)
       The Senate amendment contained a provision (sec. 708) that 
     would clarify the Secretary of Defense's authority to 
     determine the appropriate payment amounts for mental health 
     services under the TRICARE program. This provision would also 
     require the Secretary to report to the Committees on Armed 
     Services of the Senate and the House of Representatives on 
     the adequacy of access to mental health services under the 
     TRICARE program.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify that 
     mental health care is in the definition of health care under 
     section 1072 of title 10, United States Code.
       The conferees intend that the Secretary will carefully 
     examine the adequacy of mental health payments under 
     contracts for care so as to ensure that TRICARE payment rates 
     are not a barrier to access to mental health services for 
     eligible Department of Defense beneficiaries.

                    Subtitle B--Studies and Reports

     Surveys on continued viability of TRICARE Standard and 
         TRICARE Extra (sec. 711)
       The Senate amendment contained a provision (sec. 702) that 
     would extend through 2011 the requirement for the Secretary 
     of Defense to conduct surveys to determine health care and 
     mental health care provider acceptance of the TRICARE 
     Standard and TRICARE Extra benefit. The provision would 
     require surveys of beneficiaries in addition to surveys of 
     providers and would require the Secretary to establish 
     benchmarks for primary and specialty care providers, to 
     determine the adequacy of providers available. The provision 
     would also require the Comptroller General of the United 
     States to review the processes, procedures, and analyses used 
     by the Department of Defense to determine the adequacy of the 
     number of health care and mental health care providers 
     available to beneficiaries, and to report on the results of 
     this review to the Committees on Armed Services of the Senate 
     and the House of Representatives on a biannual basis.
       The House bill contained no similar provision.
       The House recedes with an amendment that would delete the 
     requirement for a supervising official to be designated to 
     oversee the adequacy and accessibility of the TRICARE 
     Standard and TRICARE Extra programs. The amendment would also 
     require the Comptroller General to give a high priority to 
     studying areas with high concentrations of members of the 
     Selected Reserve.
       The conferees note that TRICARE Regional Offices (TRO) are 
     responsible for overseeing the adequacy and accessibility of 
     health care and mental health care services to TRICARE 
     beneficiaries in their areas. The conferees expect the TROs 
     to perform these oversight duties, paying specific attention 
     to the needs of beneficiaries in TRICARE Standard and TRICARE 
     Reserve Select.
     Report on training in preservation of remains under combat or 
         combat-related conditions (sec. 712)
       The House bill contained a provision (sec. 710) that would 
     require the Secretary of Defense to submit to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives a report on the training in preservation of 
     remains in combat or combat-related conditions required by 
     section 567 of the John Warner National Defense Authorization 
     Act for Fiscal Year 2007 (Public Law 109-364).
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Report on patient satisfaction surveys (sec. 713)
       The Senate amendment contained a provision (sec. 703) that 
     would require the Secretary of Defense to submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the ongoing patient satisfaction 
     surveys taking place in inpatient and outpatient settings at 
     military treatment facilities.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Report on medical physical examinations of members of the 
         armed forces before their deployment (sec. 714)
       The Senate amendment contained a provision (sec. 712) that 
     would require the Secretary of Defense to report to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives by April 1, 2008, on: (1) the results of a 
     study of the frequency of medical examinations conducted by 
     the armed forces prior to deployment; (2) a comparison of 
     policies among the military departments of such medical 
     examinations; and (3) a business case analysis for a single 
     pre-deployment physical and single system for tracking 
     medical examinations.
       The House bill contained no similar provision.
       The House recedes with an amendment that would delete the 
     requirement to report on the frequency of medical 
     examinations. The amendment would require an assessment of 
     current policies and the feasibility of implementing a single 
     examination and tracking system.
     Report and study on multiple vaccinations of members of the 
         armed forces (sec. 715)
       The House bill contained a provision (sec. 713) that would 
     require the Secretary of Defense to report to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives on the Department's policies for 
     administering and evaluating multiple vaccinations of members 
     of the armed forces in a 24-hour period, including an 
     assessment of procedures to provide current information on 
     such immunizations to State Adjutants General. The provision 
     would also require the Secretary to study the safety and 
     efficacy of administering multiple vaccinations within a 24-
     hour period.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would delete the 
     requirement for the Secretary to conduct a safety and 
     efficacy study.
     Review of gender- and ethnic group-specific mental health 
         services and treatment for members of the armed forces 
         (sec. 716)
       The Senate amendment contained a provision (sec. 1634) that 
     would require the Secretary of Defense and the Secretary of 
     Veterans Affairs to 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.
       The House bill contained no similar provision.

[[Page H14925]]

       The House recedes with an amendment that would require the 
     Secretary of Defense to conduct a comprehensive review of: 
     (1) the need for gender- and ethnic group-specific mental 
     health treatment and services for members of the armed 
     forces; and (2) the efficacy and adequacy of existing gender- 
     and ethnic group-specific mental health treatment programs 
     and services for members of the armed forces.
     Licensed mental health counselors and the TRICARE program 
         (sec. 717)
       The House bill contained a provision (sec. 706) that would 
     amend section 1079 of title 10, United States Code, to 
     authorize licensed or certified mental health counselors to 
     be reimbursed for services provided to TRICARE beneficiaries 
     without prior physician referral or supervision.
       The Senate amendment contained a provision (sec. 704) that 
     would require the Secretary of Defense to enter into a 
     contract with the Institute of Medicine of the National 
     Academy of Sciences or a similar organization to conduct an 
     independent study of individuals practicing as licensed 
     mental health counselors, social workers, and marriage and 
     family therapists under the TRICARE program and make 
     recommendations for permitting such professionals to practice 
     independently under the TRICARE program.
       The Senate recedes with an amendment that would require a 
     study of the credentials, preparation, and training of 
     individuals practicing as licensed mental health counselors 
     and would require the Secretary of Defense to establish 
     criteria that licensed or certified mental health counselors 
     would have to meet in order to be able to independently 
     provide care to TRICARE beneficiaries and receive payment 
     under the TRICARE program for such services.
       The conferees are aware that mental health counselors, in 
     contrast to the licensing practices of other health care 
     disciplines, have multiple routes to licensure. While the 
     conferees encourage the profession to work toward a single 
     certifying body or joint certification agreement, the 
     conference outcome would allow the Department of Defense to 
     create opportunities for the independent practice of licensed 
     mental health professionals who meet criteria established by 
     the Department in order to meet the immediate mental health 
     needs of service members and their families.
     Report on funding of the Department of Defense for health 
         care (sec. 718)
       The Senate amendment contained a provision (sec. 1008) that 
     would require the President to submit a report to Congress in 
     any year that the armed forces are involved in a major 
     conflict if the budget for the Department of Defense for 
     health care is less than the amount provided by Congress for 
     the preceding fiscal year or if the allocation from the 
     Defense Health Program to any military department is less 
     than the allocation in the preceding fiscal year. The report 
     would include the reason for the lesser amount or allocation 
     and the anticipated effects of the reduction.
       The House bill contained no similar provision.
       The House recedes with an amendment that would terminate 
     this provision on December 31, 2017 and would remove the 
     condition that the armed forces be involved in a major 
     conflict.

                       Subtitle C--Other Matters

     Prohibition on conversion of military medical and dental 
         positions to civilian medical and dental positions (sec. 
         721)
       The House bill contained a provision (sec. 704) that would 
     establish a permanent prohibition on the secretaries of the 
     military departments from converting any military medical or 
     dental position to a civilian medical or dental position on 
     or after October 1, 2007. This provision would also require a 
     report to the congressional defense committees on such 
     conversions made during fiscal year 2007.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     prohibition to end on September 30, 2012. The amendment would 
     also require that any military medical or dental position 
     that has been converted to a civilian medical or dental 
     position from October 1, 2004 through September 30, 2008 be 
     restored to a military medical or dental position if the 
     position is not filled by a civilian by September 30, 2008.
       The conferees are concerned that the military departments 
     have not fully addressed the certification requirements 
     contained in section 724 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364), 
     and thus lack assurance that planned conversions will not 
     increase costs, decrease access to care, decrease quality of 
     care, or negatively impact recruitment and retention of 
     military personnel.
       In addition, the conferees have learned that military to 
     civilian conversions have had a negative impact on the 
     ability of the military health system to provide health care 
     to service members and their families, have compounded the 
     impact of multiple deployments on military medical personnel, 
     and could impact adequate staffing of wounded warrior 
     transition units. The conferees are concerned that, despite 
     these concerns, the military departments have continued to 
     convert military medical positions to civilian medical 
     positions. Therefore, the conferees prohibit the conversion 
     of military medical positions to civilian positions until 
     September 30, 2012.
     Establishment of Joint Pathology Center (sec. 722)
       The House bill contained a provision (sec. 709) that would 
     require the Secretary of Defense to establish a Joint 
     Pathology Center located on the National Naval Medical Center 
     in Bethesda, Maryland. The center would function as the 
     reference center in pathology for the Department of Defense 
     and the Department of Veterans Affairs, providing services 
     in: diagnostic pathology consultation in medicine, dentistry, 
     and veterinary sciences; pathology education, to include 
     graduate medical education, including residency and 
     fellowship programs, and continuing medical education; and 
     diagnostic pathology research.
       The Senate amendment contained a similar provision (sec. 
     1095) that would allow the Secretary to establish a Joint 
     Pathology Center, to the extent that establishing such a 
     center is consistent with the recommendations of the 2005 
     Defense Base Closure and Realignment Commission.
       The Senate recedes with an amendment that would require the 
     President to establish a Joint Pathology Center.
       The conferees believe that having a Joint Pathology Center 
     performing second opinion consults is integral to pathology 
     education and residency programs and that the Federal 
     Government should continue to perform this essential mission.
       The conferees find that the recommendations of the 2005 
     Defense Base Closure and Realignment Commission Final Report 
     provide the flexibility to establish a Joint Pathology Center 
     as a Department of Defense or federal entity. The President 
     would be required to make a determination as to whether to 
     establish the Joint Pathology Center inside the Department of 
     Defense or in another agency such as the Department of Health 
     and Human Services. The conferees expect the President to 
     consider, in making his determination, whether establishing 
     the center within the Department of Defense is consistent 
     with the recommendations of the 2005 Defense Base Closure and 
     Realignment Commission.

                   Legislative Provisions Not Adopted

     Establishment of nurse practitioner program
       The House bill contained a provision (sec. 705) that would 
     require the Secretary of Defense to establish a graduate 
     education program for advanced-practice nursing at the 
     Uniformed Services University of the Health Sciences.
       The Senate amendment contained no similar provision.
       The House recedes.
     Sense of Congress on fees and adjustments under the TRICARE 
         program
       The Senate amendment contained a provision (sec. 715) that 
     would state the sense of Congress on fees and adjustments 
     under the TRICARE program.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that portions of this provision have 
     been included elsewhere in this report.
     Implementation of recommendations of Department of Defense 
         Mental Health Task Force
       The Senate amendment contained a provision (sec. 709) that 
     would require the Secretary of Defense to implement the 
     recommendations of the Department of Defense Task Force on 
     Mental Health (Task Force) as soon as practicable, but not 
     later than May 31, 2008.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees understand that the Secretary of Defense 
     intends to implement nearly all of the 95 recommendations of 
     the Task Force for improvements in the psychological health 
     of members of the armed forces and their families.
       The conferees will closely monitor the Department's efforts 
     to implement these recommendations, especially those focused 
     on access to mental health services for deployed members and 
     their families and on ensuring an adequate supply of highly 
     qualified uniformed mental health care providers.
       The conferees direct the Secretary of Defense to submit to 
     the congressional defense committees not later than March 1, 
     2008, a report on the implementation of each recommendation. 
     The report will include: (1) the expected date of 
     implementation of each recommendation that will be fully 
     implemented; (2) a description of and reason for any 
     modification of a recommendation and the expected date of 
     implementation of the modified recommendation; and (3) the 
     reason for not implementing any recommendation that will not 
     be implemented.

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

     Short title (sec. 800)
       The conferees agree to a provision that would provide that 
     this title may be cited as the ``Acquisition Improvement and 
     Accountability Act of 2007''.

             Subtitle A--Acquisition Policy and Management

     Internal controls for procurements on behalf of the 
         Department of Defense by certain non-defense agencies 
         (sec.801)
       The House bill contained a provision (sec. 803) that would 
     require the Under Secretary

[[Page H14926]]

     of Defense for Acquisition, Technology, and Logistics to 
     issue guidelines on the use of interagency contracting by the 
     Department of Defense.
       The Senate amendment contained a provision (sec. 846) that 
     would require inspector general reviews to determine whether 
     procurements conducted by certain non-defense agencies on 
     behalf of the Department have been conducted in compliance 
     with defense procurement requirements.
       The Senate recedes with an amendment that would combine the 
     requirements of the two provisions.
     Lead systems integrators (sec. 802)
       The House bill contained a provision (sec. 806) that would 
     prohibit the Department of Defense from awarding new 
     contracts for lead systems integrator functions, effective 
     October 1, 2011.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would prohibit 
     the Department of Defense from awarding new contracts for 
     lead systems integrator functions, effective October 1, 2010, 
     to any entity that was not performing lead system integrator 
     functions for the same system prior to the date of the 
     enactment of this Act. The provision would also prohibit the 
     award of any new contract for lead system integrator 
     functions for a major system that has proceeded beyond low-
     rate initial production, effective upon the date of enactment 
     of this Act, absent a written waiver by the Secretary of 
     Defense that meets conditions specified in the provision.
     Reinvestment in domestic sources of strategic materials (sec. 
         803)
       The House bill contained a provision (sec. 808) that would 
     require that all Department of Defense solicitations for 
     major weapon systems include an evaluation criteria 
     addressing the extent to which suppliers of strategic 
     materials demonstrate a record of sustained reinvestment in 
     domestic production of such materials.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Strategic Materials Protection Board established pursuant to 
     section 187 of title 10, United States Code, to perform an 
     assessment of the extent to which sources of strategic 
     materials are reinvesting in domestic production of such 
     materials.
     Clarification of the protection of strategic materials 
         critical to national security (sec. 804)
       The House bill contained a provision (sec. 809) that would 
     address the use of domestic non-availability determinations 
     and commercial item exceptions with regard to the requirement 
     to buy strategic materials from American sources pursuant to 
     section 2533b of title 10, United States Code.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would revise 
     section 2533b to address the availability and use of domestic 
     non-availability determinations, commercial item exceptions, 
     purchases of fasteners, purchases of high-performance 
     magnets, purchases of electronic components, de minimis 
     purchases, purchases of commercial derivative military 
     articles, and national security waivers. The conferees intend 
     the revised provision to ensure that defense contractors 
     comply with requirements to purchase domestic specialty 
     metals without impeding the ability of the Department of 
     Defense to acquire weapon systems when and as needed.
       The conferees agree that the term ``electronic 
     components'', as used in this provision, does not include any 
     assembly, such as a radar, that incorporates structural or 
     mechanical parts. In addition, the conferees agree that the 
     term ``high performance magnet'', as used in the provision, 
     means permanent magnets containing 10 or more percent by 
     weight of materials such as cobalt, samarium, or nickel. The 
     conferees note that high performance magnets have been fully 
     or partially excluded from some of the exceptions added by 
     this section. The conferees intend in doing so to ensure that 
     the Department continues to procure such magnets from 
     domestic sources whenever possible and consistent with this 
     section.
       Section 2533b, as amended, would authorize streamlined 
     compliance for commercial derivative military articles, based 
     on a contractor's certification that minimum threshold 
     quantities are being purchased during the period of contract 
     performance. The provision specifies that the speciality 
     metal must be purchased for use during the period of contract 
     performance in the production of the commercial derivative 
     military article and the related commercial article. 
     Domestically-melted specialty metal that is purchased for use 
     in the production of commercial derivative military articles 
     acquired under one contract may not be used as a basis for an 
     exception to the requirements of this section for the 
     acquisition of the same or other commercial derivative 
     military articles under a different contract.
       The conferees note that commercially available off-the-
     shelf fasteners would be exempt from the requirements of 
     subsection (a) of section 2533b of title 10, United States 
     Code, only to the limited extent provided in paragraph 
     (h)(2)(D). However, nothing in this section precludes the use 
     of other exceptions or waivers available to the Secretary 
     with regard to such fasteners, to the extent that they are 
     applicable.
       The conferees direct the Secretary of Defense to ensure, in 
     promulgating rules to implement the minimum threshold in 
     subsection (j) of section 2533b, as amended, that such 
     threshold applies to the specialty metals contained in an 
     item delivered to the Department of Defense and may not be 
     applied on a piecemeal basis to a subsystem or component of 
     such item.
       Finally, the conferees understand that the recently 
     published rule regarding commercially available off-the-shelf 
     items, and other recent domestic non-availability 
     determinations that apply to multiple contracts and which 
     were based on the availability of components, rather than 
     speciality metals, will have to be reviewed and amended to 
     comply with section 2533b of title 10, United States Code, as 
     amended by this provision. The conferees encourage the 
     Department to ensure that the exceptions provided by 
     subsections (b) through (k) of the revised section 2533b are 
     utilized through an open and transparent process, to the 
     extent consistent with the protection of national security 
     information and confidential business information.
     Procurement of commercial services (sec. 805)
       The House bill contained a provision (sec. 801) that would 
     require the Administrator for Federal Procurement Policy to 
     modify the Federal Acquisition Regulation to narrow the 
     regulatory definition of commercial services.
       The Senate amendment contained a provision (sec. 823) that 
     would limit the use of time and materials contracts to 
     purchase commercial services for or on behalf of the 
     Department of Defense.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense to modify the regulations of the 
     Department of Defense to: (1) authorize the contracting 
     officer in the procurement of certain commercial services to 
     require offerors to submit sufficient information to 
     evaluate, through price analysis, the reasonableness of the 
     proposed price; and (2) address the categories of services 
     which may be purchased for or on behalf of the Department of 
     Defense pursuant to commercial time and materials contracts.
     Specification of amounts requested for procurement of 
         contract services (sec. 806)
       The Senate amendment contained a provision (sec. 843) that 
     would require the Department of Defense (DOD) to clearly and 
     separately identify in its budget justification materials the 
     amounts requested in each budget account for the procurement 
     of contract services.
       The House bill contained no similar provision.
       The House recedes with an amendment that would: (1) require 
     that the materials submitted clearly identify amounts 
     requested for each category of service for each DOD 
     component, installation, or activity; and (2) provide that 
     the provision takes effect for fiscal years after fiscal year 
     2009.
       The conferees note that the military services currently 
     identify certain categories of services--such as engineering 
     and technical services and advisory and assistance services--
     in their budget justification documents. The conferees expect 
     that these and other categories of services will be 
     identified separately in the budget justification materials 
     submitted in accordance with this provision. In addition, the 
     conferees expect the budget justification materials to 
     identify the total amount in each account for contract 
     services for each DOD component, installation, or activity 
     for which funding for such services is requested.
       The conferees further note that section 2330a of title 10, 
     United States Code requires the Secretary of Defense to 
     establish a data collection system to provide management 
     information on DOD purchases of contract services. The 
     conferees encourage the Department to utilize the required 
     data collection system and ensure that budget information is 
     collected and reported in a manner that is consistent with 
     the collection and reporting of information on expenditures.
     Inventories and reviews of contracts for services (sec. 807)
       The House bill contained a provision (sec. 326(b)) that 
     would require the Secretary of Defense to establish an 
     inventory of work performed by contractors.
       The Senate amendment contained a provision (sec. 845) that 
     would require the secretary of each military department and 
     the head of each defense agency to maintain an inventory of 
     activities performed pursuant to contracts for services based 
     on cost or time of performance.
       The House recedes with an amendment that would codify a 
     requirement for the Secretary of Defense to maintain an 
     annual inventory of activities performed pursuant to 
     contracts for services for or on behalf of the Department of 
     Defense. The provision would require the secretaries of the 
     military departments and the heads of defense agencies to 
     conduct certain review and planning activities on the basis 
     of the annual inventories.
     Independent management reviews of contracts for services 
         (sec. 808)
       The Senate amendment contained a provision (sec. 847) that 
     would require the Secretary of Defense to issue guidance to 
     provide for independent management reviews of contracts for 
     services.
       The House bill contained no similar provision.
       The House recedes with an amendment that would extend the 
     amount of time for

[[Page H14927]]

     the Secretary to issue the required guidance and add 
     additional matters to be addressed in the guidance. In 
     addition to the matters required in the Senate provision, the 
     independent management reviews would be required to 
     specifically address issues raised by contracts under which 
     an agency uses one contractor to perform program management 
     and other acquisition services with regard to services 
     performed by other contractors.
       The conferees note the military services and defense 
     agencies are beginning to rely on a single contractor to 
     oversee program management of large services contracts, in a 
     manner similar to that of the ``lead systems integrator'' 
     concept on hardware programs.
       For example, the conferees understand that the program 
     structure for the Defense Logistics ``tire privatization'' 
     program places extensive control for the management, supply, 
     and distribution of military tires into the hands of a single 
     contractor. Similarly, the Army's Warfighter Field Operations 
     Customer Support (Warfighter FOCUS) consolidates several 
     existing contracts for training aids, simulators, and ranges 
     used by the active, reserve, and Guard components of the Army 
     into a single contract for life cycle support to be managed 
     by a single large prime contractor over a 10 year period.
       The conferees are concerned that the trend toward large 
     single contracts for the procurement of services may 
     undermine competition and result in unequal access to 
     information about future government needs. The conferees 
     expect the Department of Defense to review these issues and 
     take appropriate action to ensure that, to the extent that 
     the Department continues to rely upon such contracts, they do 
     not result in the exclusion or unequal treatment of competing 
     contractors.
     Implementation and enforcement of requirements applicable to 
         undefinitized contractual actions (sec. 809)
       The Senate amendment contained a provision (sec. 848) that 
     would require the Secretary of Defense to issue guidance, 
     with detailed implementation instructions, for the Department 
     of Defense (DOD) to ensure the implementation and enforcement 
     of requirements applicable to undefinitized contractual 
     actions (UCAs).
       The House bill contained no similar provision.
       The House recedes with an amendment clarifying the issues 
     to be addressed in the guidance.
       The conferees note that the DOD already has requirements in 
     place regarding the use of UCAs. However, the Government 
     Accountability Office (GAO) reported in June 2007 that DOD 
     has frequently failed to comply with these requirements.
       For example, the Defense Federal Acquisition Regulation 
     Supplement (DFARS) states that when the final price of a UCA 
     is negotiated after a substantial portion of the required 
     performance has been completed, the negotiated profit rate 
     should reflect any reduced cost risk to the contractor for 
     costs incurred during contract performance before negotiation 
     of the final price. Section 215.404-71-3(d)(2) of the DFARS 
     states: ``When costs have been incurred prior to 
     definitization, generally regard the contract type risk to be 
     in the low end of the designated range. If a substantial 
     portion of the costs have been incurred prior to 
     definitization, the contracting officer may assign a value as 
     low as 0 percent, regardless of contract type.'' However, GAO 
     found no evidence that DOD contracting officers have been 
     observing these requirements in the negotiation of contract 
     fees. The conferees expect the guidance issued pursuant to 
     this section to include procedures for ensuring compliance 
     with these and other requirements regarding UCAs.
     Clarification of limited acquisition authority for Special 
         Operations Command (sec. 810)
       The House bill contained a provision (sec. 817) that would 
     clarify the authorities available to U.S. Special Operations 
     Command (SOCOM) by codifying the position of acquisition 
     executive and senior procurement executive, respectively, by 
     amending section 167(e)(4) of title 10, United States Code.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that codifies the 
     position of the SOCOM command acquisition executive, and 
     deletes language stating that the acquisition executive shall 
     have the same duties and authorities as the service 
     acquisition executives. Furthermore, this provision states 
     that the command acquisition executive is responsible for 
     supervising all SOCOM acquisition matters regardless of 
     whether or not such an activity is carried out by the command 
     or by a military department (MILDEP) pursuant to a delegation 
     of authority by the command. The provision further authorizes 
     the command acquisition executive to negotiate acquisition-
     related memoranda of agreement with the MILDEPs, to ensure 
     proper representation of the command in acquisition 
     discussions, and to receive acquisition directives and 
     instructions of the department.

 Subtitle B--Provisions Relating to Major Defense Acquisition Programs

     Requirements applicable to multiyear contracts for the 
         procurement of major systems of the Department of Defense 
         (sec. 811)
       The Senate amendment contained a provision (sec. 801) that 
     would define the term ``substantial savings'' for the 
     purposes of authorizing multiyear contracts.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Defense to certify in writing by no later than 
     March 1 of a year in which the Secretary requests legislative 
     authority to enter into a multiyear contract for which such 
     authority is required that he has made certain determinations 
     with regard to such contract.
       The conferees agree that ``substantial savings'' under 
     section 2306b(a)(1) of title 10, United States Code, means 
     savings that exceed 10 percent of the total costs of carrying 
     out the program through annual contracts, except that 
     multiyear contracts for major systems providing savings 
     estimated at less than 10 percent should only be considered 
     if the Department presents an exceptionally strong case that 
     the proposal meets the other requirements of section 
     2306b(a), as amended. The conferees agree with a Government 
     Accountability Office finding that any major system that is 
     at the end of its production line is unlikely to meet these 
     standards and therefore would be a poor candidate for a 
     multiyear procurement contract.
       The conferees further agree that the Cost Analysis 
     Improvement Group must be tasked and resourced to perform the 
     cost estimates required by this section in a timely manner to 
     ensure compliance with this section.
     Changes to Milestone B certifications (sec. 812)
       The Senate amendment contained a provision (sec. 802) that 
     would: (1) require that the milestone decision authority 
     (MDA) receive a business case analysis before making a 
     Milestone B certification under section 2366a of title 10, 
     United States Code; and (2) require the program manager for a 
     major defense acquisition program (MDAP) to immediately 
     notify the MDA of significant changes to the MDAP after a 
     Milestone B certification is made.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify the 
     requirements for Milestone B certifications.
     Comptroller General report on Department of Defense 
         organization and structure for major defense acquisition 
         programs (sec. 813)
       The Senate amendment contained a provision (sec. 803) that 
     would require the Comptroller General to report to the 
     congressional defense committees on potential modifications 
     to the Department of Defense organization and structure for 
     major defense acquisition programs.
       The House bill contained no similar provision.
       The House recedes with an amendment striking two of the 
     elements of the study and adding a new element: a review of 
     whether, and how, the combatant commands should participate 
     in long-term planning for future capabilities.
       The conferees agree that the review of shorter, more 
     frequent acquisition milestones should include appropriate 
     consideration of: (1) separate milestones at the time of 
     approval of a mission need statement, approval of a 
     capability need definition, technology development and 
     assessment, system development and demonstration, final 
     design, production prototyping and testing, limited 
     production, and full-rate production; and (2) a requirement 
     that appropriate officials certify to the Milestone Decision 
     Authority that exit criteria related to cost, schedule, 
     technological maturity, and performance factors have been met 
     prior to a program proceeding to the next milestone.
     Clarification of submission of cost or pricing data on 
         noncommercial modifications of commercial items (sec. 
         814)
       The House bill contained a provision (sec. 812) that would 
     clarify certain thresholds in the Truth in Negotiations Act 
     (10 U.S.C. 2306a).
       The Senate amendment contained a similar provision (sec. 
     822(c)).
       The Senate recedes with a technical amendment.
     Clarification of rules regarding the procurement of 
         commercial items (sec. 815)
       The House bill contained a provision (sec. 811) that would 
     amend the Truth in Negotiations Act, section 2306a of title 
     10, United States Code, to require the submission of cost or 
     pricing data for sole-source contracts for commercial items 
     if needed to determine that a price is fair and reasonable.
       The Senate amendment contained a provision (sec. 822) that 
     would amend section 2379 of title 10, United States Code, to 
     narrow the categories of subsystems, components, and spare 
     parts of major weapon systems that may be purchased as 
     commercial items.
       The House recedes with an amendment that would authorize 
     the contracting officer in the procurement of a major weapon 
     system, or subsystems, components, or spare parts for a major 
     weapon system to require offerors to submit sufficient 
     information to evaluate, through price analysis, the 
     reasonableness of the proposed price. The information 
     required to be submitted may include information on prices 
     paid for the same or similar items under comparable terms and 
     conditions and, if the contracting officer determines that 
     price information is not sufficient to determine the 
     reasonableness of price, other relevant information regarding 
     the basis of price or cost, including information on labor 
     costs, material costs, and overhead rates.
       The conferees expect that a contracting officer's written 
     determination under this section will include an explanation 
     of the basis

[[Page H14928]]

     for the contracting officer's determination that: (1) the 
     item is a commercial item; and (2) the information provided 
     by the contractor is sufficient to evaluate the 
     reasonableness of price.
     Review of systemic deficiencies on major defense acquisition 
         programs (sec. 816)
       The House bill contained a provision (sec. 847) that would 
     require each component of the Department of Defense that has 
     multiple programs experiencing excessive cost growth in any 
     fiscal year to identify and report on systemic deficiencies 
     in its acquisition policies and practices that may have 
     contributed to such cost growth.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics to conduct an annual review of systemic 
     deficiencies in major defense acquisition programs that have 
     led to critical cost threshold breaches or required 
     recertification of programs by the Joint Requirements 
     Oversight Council.
     Investment strategy for major defense acquisition programs 
         (sec. 817)
       The Senate amendment contained a provision (sec. 804) that 
     would require the Secretary of Defense to submit a report to 
     the congressional defense committees on the strategies of the 
     Department of Defense for balancing the allocation of funds 
     and other resources among major defense acquisition programs. 
     The report would also address the role of the Tri-Chair 
     Committee of the Department of Defense in the resource 
     allocation process for major defense acquisition programs.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require that 
     the report also address, to the maximum extent practicable, 
     any changes to the budget, acquisition, and requirements 
     processes of the Department of Defense that the Department 
     has undertaken or plans to undertake as a result of changes 
     in law made by provisions of this Act.
     Report on implementation of recommendations on total 
         ownership cost for major weapon systems (sec. 818)
       The Senate amendment contained a provision (sec. 805) that 
     would require the Secretary of Defense to report to the 
     congressional defense committees on the implementation of 
     recommendations by the Comptroller General regarding total 
     ownership cost for major weapon systems.
       The House bill contained no similar provision.
       The House recedes.

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

     Plan for restricting government-unique contract clauses on 
         commercial contracts (sec. 821)
       The House bill contained a provision (sec. 813) that would 
     require the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics to develop and implement a plan to 
     minimize the number of government-unique contract clauses 
     used in commercial contracts.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Extension of authority for use of simplified acquisition 
         procedures for certain commercial items (sec. 822)
       The House bill contained a provision (sec. 814) that would 
     extend the authority of the Department of Defense to use 
     simplified acquisition procedures for the acquisition of 
     certain commercial items.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require a 
     report on the use of the authority.
     Five-year extension of authority to carry out certain 
         prototype projects (sec. 823)
       The House bill contained a provision (sec. 816) that would 
     extend for 5 years the authority of the Secretary of Defense 
     to carry out certain prototype projects.
       The Senate amendment contained an identical provision (sec. 
     825). The conference agreement includes this provision.
     Exemption of Special Operations Command from certain 
         requirements for certain contracts relating to vessels, 
         aircraft, and combat vehicles (sec. 824)
       The House bill contained a provision (sec. 818) that would 
     exempt U.S. Special Operations Command from leasing 
     limitations as required in section 2401 of title 10, United 
     States Code.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would permit the 
     Secretary of Defense to exempt U.S. Special Operations 
     Command from leasing limitations regarding substantial 
     termination liability, as required in section 2401 of title 
     10, United States Code, if he or she can certify that 
     specified conditions have been met, and informs Congress in 
     advance of the certification.
     Provision of authority to maintain equipment to Unified 
         Combatant Command for Joint Warfighting (sec. 825)
       The House bill contained a provision (sec. 819) that would 
     clarify the acquisition authority of the Unified Combatant 
     Command for Joint Warfighting.
       The Senate amendment contained a similar provision (sec. 
     874).
       The Senate recedes with an amendment that would extend the 
     authority for two years.
     Market research (sec. 826)
       The House bill contained a provision (sec. 820) that would 
     require the Secretary of Defense to take certain steps to 
     ensure that the Department of Defense and its prime 
     contractors conduct appropriate market research before making 
     purchases for or on behalf of the Department.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would provide 
     additional flexibility to the Secretary in providing for 
     market research.
       The conference agreement directs the Secretary to work to 
     develop market research tools to assist contracting officers 
     and prime contractors in performing market research. In 
     developing such tools, the conferees expect the Secretary to 
     give appropriate consideration to the use of web-based tools 
     such as search engines.
     Modification of competition requirements for purchases from 
         Federal Prison Industries (sec. 827)
       The Senate amendment contained a provision (sec. 824) that 
     would tighten requirements for competition in Department of 
     Defense purchases from Federal Prison Industries.
       The House bill contained no similar provision.
       The House recedes.
     Multiyear contract authority for electricity from renewable 
         energy sources (sec. 828)
       The Senate amendment contained a provision (sec. 826) that 
     would authorize the Secretary of Defense to enter contracts 
     for up to 10 years for the purchase of electricity from 
     sources of renewable energy.
       The House bill contained no similar provision.
       The House recedes with an amendment clarifying that the 
     authority provided in this provision does not preclude the 
     use of any other multiyear contracting authority available to 
     the Department of Defense for the purchase of electricity 
     from renewable sources.
     Procurement of fire resistant rayon fiber for the production 
         of uniforms from foreign sources (sec. 829)
       The Senate amendment contained a provision (sec. 827) that 
     would authorize the continued procurement of fire resistant 
     rayon fiber for the production of uniforms from foreign 
     sources under certain conditions. The provision would expire 
     5 years after the date of the enactment of this Act.
       The House bill contained no similar provision.
       The House recedes.
     Comptroller General review of noncompetitive awards of 
         congressional and executive branch interest items (sec. 
         830)
       The Senate amendment contained a provision (sec. 828) that 
     would establish special competition rules for contracts 
     awarded by the Department of Defense to implement new 
     programs or projects pursuant to congressional initiatives.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Comptroller General of the United States to compare the 
     procedures used by the Department of Defense for contracts to 
     implement new programs or projects pursuant to congressional 
     initiatives with the procedures used for contracts to 
     implement new programs or projects of special interest to 
     senior executive branch officials.

               Subtitle D--Accountability in Contracting

     Commission on Wartime Contracting in Iraq and Afghanistan 
         (sec. 841)
       The Senate amendment contained a provision (sec. 1539(a)) 
     that would establish a Commission on Wartime Contracting to 
     review federal contracting for the reconstruction of Iraq and 
     Afghanistan, logistical support of coalition forces operating 
     in Iraq and Afghanistan, and the performance of security and 
     intelligence functions in Iraq and Afghanistan.
       The House bill contained no similar provision.
       The House recedes with an amendment deleting the review of 
     contracting for intelligence functions from the Commission's 
     responsibilities and making certain modifications to the 
     structure of the Commission.
     Investigation of waste, fraud, and abuse in wartime contracts 
         and contracting processes in Iraq and Afghanistan (sec. 
         842)
       The Senate amendment contained a provision (sec. 1539(b)) 
     that would require the Special Inspector General for Iraq 
     Reconstruction to conduct a series of audits of contracts for 
     the logistical support of coalition forces in Iraq and 
     Afghanistan and contracts for the performance of security and 
     reconstruction functions in Iraq and Afghanistan.
       The House bill contained no similar provision.
       The House recedes with an amendment that would provide for 
     the audits to be conducted by the inspectors general with 
     jurisdiction over the relevant contracts. The audits would be 
     conducted pursuant to audit plans developed by the Department 
     of Defense Inspector General, the Special Inspector General 
     for Iraq Reconstruction, and the Special Inspector General 
     for Afghanistan Reconstruction, and would be coordinated

[[Page H14929]]

     through councils and working groups composed of the relevant 
     inspectors general.
       The conferees do not intend for the audits conducted 
     pursuant to this section to duplicate audit work previously 
     performed under other authority.
     Enhanced competition requirements for task and delivery order 
         contracts (sec. 843)
       The House bill contained a provision (sec. 821) that would 
     address the issue of competition in contracting on a 
     government-wide basis.
       The Senate amendment contained a provision (sec. 821) that 
     would encourage the use of multiple-award task and delivery 
     order contracts in lieu of single-award contracts, enhance 
     requirements for the competition of task orders and delivery 
     orders under multiple-award contracts, and authorize bid 
     protests for task or delivery orders in excess of $5.0 
     million under such contracts.
       The House bill contained no similar provision.
       The House recedes with an amendment that would address the 
     competition issues in the Senate provision on a government-
     wide basis. The provision would raise the threshold for bid 
     protests to $10.0 million and sunset the authorization for 
     bid protests after 3 years. The conferees expect that the 
     sunset date will provide Congress with an opportunity to 
     review the implementation of the provision and make any 
     necessary adjustments.
     Public disclosure of justification and approval documents for 
         noncompetitive contracts (sec. 844)
       The House bill contained a provision (sec. 823) that would 
     require public disclosure of justification and approval 
     documents for noncompetitive contracts.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     disclosure of such documents through appropriate websites, 
     rather than through the Federal Procurement Data System.
     Disclosure of government contractor audit findings (sec. 845)
       The House bill contained a provision (sec. 824) that would 
     require the head of each federal agency to submit quarterly 
     reports to Congress on completed audits of contractors 
     performed by the agency or department.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     inclusion of significant findings in final, completed audits 
     of contractors in the semiannual reports submitted to 
     Congress by Inspectors General pursuant to section 5 of the 
     Inspector General Act (Public Law 95-452, as amended). The 
     provision would provide for the redaction from such reports 
     of information that is exempt from public disclosure under 
     the Freedom of Information Act (section 552(b) of title 5, 
     United States Code).
     Protection of contractor employees from reprisal for 
         disclosure of certain information (sec. 846)
       The Senate amendment contained a provision (sec. 861) that 
     would provide enhanced protection for contractor employees 
     who disclose evidence of waste, fraud, or abuse on Department 
     of Defense contracts.
       The House bill contained no similar provision.
       The House recedes with an amendment that would: expand the 
     categories of government officials to whom a protected 
     communication may be made; expand the categories of waste, 
     fraud, and abuse about which a protected communication may be 
     made; and establish a de novo right of action in federal 
     district court for contractor employees who have exhausted 
     their administrative remedies under the provision.
     Requirements for senior Department of Defense officials 
         seeking employment with defense contractors (sec. 847)
       The Senate amendment contained a provision (sec. 862) that 
     would require contractors that receive defense contracts in 
     excess of $10.0 million to report to the Department of 
     Defense (DOD) on an annual basis on certain former senior DOD 
     officials who receive compensation from the contractor.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require 
     certain former senior DOD officials to obtain written 
     opinions from the appropriate DOD ethics officials before 
     accepting compensation from DOD contractors.
       The conferees encourage covered DOD officials to request 
     the required written opinion from an ethics counselor 
     regarding post-employment restrictions that may apply to the 
     official prior to leaving the Department whenever possible.
     Report on contractor ethics programs of major defense 
         contractors (sec. 848)
       The Senate amendment contained a provision (sec. 863) that 
     would require the Comptroller General to report to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives on the internal ethics programs of major 
     defense contractors.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
       In conducting the required review, the conferees direct the 
     Comptroller General to report on the extent to which the 
     internal ethics programs of major defense contractors 
     include: (1) disclosure of personal financial interests and 
     outside employment by key personnel performing work for the 
     government; (2) conflict mitigation measures for addressing 
     any personal conflicts of interest of employees in connection 
     with their work on Department of Defense contracts; and (3) 
     procedures for reporting these personal conflicts of interest 
     and any mitigation measures to the Department of Defense.
     Contingency contracting training for personnel outside the 
         acquisition workforce and evaluations of Army Commission 
         recommendations (sec. 849)
       The Senate amendment contained a provision (sec. 865) that 
     would require the Secretary of Defense to provide for 
     appropriate training of military personnel outside the 
     acquisition workforce who are expected to have acquisition 
     responsibilities during combat operations, post-conflict 
     operations, and contingency operations.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Defense and the Secretary of the Army to review 
     the recommendations of the Commission on Army Acquisition and 
     Program Management in Expeditionary Operations and report to 
     the congressional defense committees on steps that they have 
     taken or plan to take to implement those recommendations. The 
     conferees agree with the Commission's conclusion that 
     acquisition failures in expeditionary operations urgently 
     require a systemic fix of Army contracting and urge the 
     Secretary of Defense and the Secretary of the Army to act on 
     the Commission's recommendations as expeditiously as 
     possible.

              Subtitle E--Acquisition Workforce Provisions

     Requirement for section on defense acquisition workforce in 
         strategic human capital plan (sec. 851)
       The House bill contained a provision (sec. 802(b)) that 
     would require the Secretary of Defense to include a section 
     on the acquisition workforce in annual updates of the 
     strategic human capital plan required under section 1122 of 
     the National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163).
       The Senate amendment contained a similar provision (sec. 
     844(h)).
       The Senate recedes with an amendment clarifying the issues 
     to be addressed in the plan.
     Department of Defense acquisition workforce development fund 
         (sec. 852)
       The Senate amendment contained a provision (sec. 844) that 
     would establish an acquisition workforce development fund to 
     ensure that the Department of Defense (DOD) has the capacity, 
     in both personnel and skills, needed to properly perform its 
     mission, provide appropriate oversight of contractor 
     performance, and provide the best value for the expenditure 
     of public resources in DOD acquisitions. The fund would be 
     financed through quarterly remittances by the military 
     departments and defense agencies.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 
     the Secretary of Defense to reduce the percentages on which 
     remittances to the fund are based, if the Secretary 
     determined that credits to the fund would otherwise exceed 
     amounts reasonably needed for the development of the DOD 
     acquisition workforce. The provision would establish minimum 
     levels, below which the Secretary would not be permitted to 
     reduce annual remittances to the fund.
       The conferees note that the final report of the Commission 
     on Army Acquisition and Program Management in Expeditionary 
     Operations, released on October 31, 2007, found that the Army 
     has failed to recognize the importance of the contracts 
     requirement development process, failed to allocate resources 
     needed for contract management, and failed to provide defined 
     clear paths for contracting professionals. The report 
     concluded that ``contracting, from requirements definition to 
     contract management, is not an Army Core Competence. The Army 
     has excellent, dedicated people, but they are understaffed, 
     overworked, under-trained, under-supported and, most 
     important, under-valued.''
       Unfortunately, these shortcomings, which have increased the 
     Army's vulnerability to fraud, waste, and abuse, are not 
     limited to the Department of the Army. The Acquisition 
     Advisory Panel chartered pursuant to section 1423 of the 
     National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136) reported that the failure of DOD and 
     other federal agencies to adequately fund the acquisition 
     workforce is `` `penny wise and pound foolish,' as it 
     seriously undermines the pursuit of good value for the 
     expenditure of public resources.'' The fund established by 
     this provision is intended to address this problem by making 
     the investments needed to reinvigorate the DOD acquisition 
     workforce.
     Extension of authority to fill shortage category positions 
         for certain federal acquisition positions (sec. 853)
       The House bill contained a provision (sec. 815) that would 
     amend section 1413 of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136) to extend the

[[Page H14930]]

     authority of federal agencies to treat certain acquisition 
     positions as shortage category positions.
       The Senate amendment contained a provision (sec. 844(g)) 
     that would have provided a similar extension, applicable only 
     to the Department of Defense.
       The Senate recedes.
     Repeal of sunset of acquisition workforce training fund (sec. 
         854)
       The House bill contained a provision (sec. 802(a)) that 
     would repeal the sunset of the acquisition workforce training 
     fund established pursuant to section 37(h) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 433(h)).
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Federal acquisition workforce improvements (sec. 855)
       The House bill contained a provision (sec. 825) that would 
     require the Administrator for Federal Procurement Policy to 
     conduct a study of the composition, scope, and functions of 
     the government-wide acquisition workforce and develop a 
     comprehensive definition of, and method of measuring the size 
     of, such workforce.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment directing the 
     Administrator to: designate a member of the Senior Executive 
     Service as Associate Administrator for Acquisition Workforce 
     Programs; work with agency heads to establish acquisition 
     training programs; develop performance standards for 
     acquisition workforce training; ensure that agency heads 
     collect and maintain standardized information on the 
     acquisition workforce; work with agency heads to develop 
     acquisition workforce human capital plans; and work with the 
     Office of Personnel Management to encourage agencies to 
     utilize existing personnel authorities to recruit and retain 
     qualified acquisition personnel.

             Subtitle F--Contracts in Iraq and Afghanistan

     Memorandum of understanding on matters relating to 
         contracting (sec. 861)
       The House bill contained a provision (sec. 831) that would 
     require the Secretary of Defense and other relevant agency 
     heads to sign a memorandum of understanding (MOU) regarding 
     matters relating to contracting in Iraq and Afghanistan and 
     prohibit the award of any new contracts in Iraq and 
     Afghanistan after January 1, 2008, until the MOU has been 
     signed.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment eliminating the 
     prohibition on the award of new contracts.
     Contractors performing private security functions in areas of 
         combat operations (sec. 862)
       The Senate amendment contained a provision (sec. 871) that 
     would: (1) require the Secretary of Defense to prescribe 
     regulations on the selection, training, equipment, and 
     conduct of personnel performing private security functions in 
     an area of combat operations; and (2) ensure that contractors 
     and subcontractors of all federal agencies are subject to 
     such regulations and to directives issued by combatant 
     commanders in accordance with such regulations.
       The House bill contained no similar provision.
       The House recedes with an amendment clarifying that the 
     requirements of this provision do not apply to contracts 
     entered into by the intelligence community in support of 
     intelligence activities.
       The conferees have agreed to provide the Secretary of 
     Defense the authority to require contractors to comply with 
     the regulations issued under this section in areas where 
     there is the potential for combat operations. The conferees 
     intend that the Secretary use this authority with discretion 
     to designate areas with a high potential for combat 
     operations with a commensurate likelihood that private 
     security contractors in such areas would come into regular 
     contact with members of the armed forces.
     Comptroller General reviews and reports on contracting in 
         Iraq and Afghanistan (sec. 863)
       The House bill contained a provision (sec. 832) that would 
     require the Comptroller General to report to review data on 
     contracts in Iraq and Afghanistan and report to Congress 
     every 6 months.
       The Senate amendment contained a provision (sec. 878) that 
     would require agency heads to report to Congress on similar 
     issues.
       The Senate recedes with an amendment that would require 
     reports to Congress on an annual basis, instead of every 6 
     months.
     Definitions and other general provisions (sec. 864)
       The House bill contained a provision (sec. 833) that would 
     define certain terms used in provisions on contracting in 
     Iraq and Afghanistan.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would add 
     definitions of the terms ``covered contract'' and ``private 
     security functions'' and clarify that nothing in this 
     subtitle shall be interpreted to require the handling of 
     classified information or information relating to 
     intelligence sources and methods in a manner inconsistent 
     with the requirements of applicable provisions of law, 
     regulation, executive order, or legislative branch rules.

              Subtitle G--Defense Materiel Readiness Board

     Establishment of Defense Materiel Readiness Board (sec. 871)
       The House bill contained a provision (sec. 1702) that would 
     require the Secretary of Defense to establish a Defense 
     Readiness Production Board and define the membership and 
     functions of the Board.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense to establish a Defense Materiel 
     Readiness Board. The Board would be required to provide 
     independent assessments of materiel readiness, readiness 
     shortfalls, and readiness plans to the Secretary of Defense 
     and Congress.
     Critical materiel readiness shortfalls (sec. 872)
       The House bill contained a series of provisions (secs. 
     1705, 1706, and 1708) that would provide the Secretary of 
     Defense with authorities to address critical materiel 
     readiness shortfalls.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would consolidate 
     the authorities provided to the Secretary into a single 
     provision. The provision would authorize the Secretary to: 
     designate certain requirements of the Department of Defense 
     as critical materiel readiness shortfalls; ensure that 
     relevant officials of the Department of Defense prioritize 
     and address such shortfalls in requirements, budgets, and 
     acquisition; authorize the transfer of up to $2.0 billion in 
     authorizations in fiscal year 2008, subject to established 
     procedures, to address such shortfalls; establish a Strategic 
     Readiness Fund to address such shortfalls; and provide for 
     the secretaries of the military departments to report whether 
     multiyear contracts should be used to address critical 
     material readiness shortfalls. The conferees note that 
     nothing in this provision modifies existing statutory 
     requirements regarding the use of multiyear contracts.

                       Subtitle H--Other Matters

     Clearinghouse for rapid identification and dissemination of 
         commercial information technologies (sec. 881)
       The House bill contained a provision (sec. 841) that would 
     require the Assistant Secretary of Defense for Networks and 
     Information Integration to establish a demonstration project 
     to identify, assess, stimulate investment in, rapidly 
     acquire, and coordinate the use of information technologies 
     (with an emphasis on commercial off-the-shelf information 
     technologies).
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Assistant Secretary to establish a clearinghouse to identify, 
     assess, and disseminate knowledge about commercial 
     information technologies (with an emphasis on commercial off-
     the-shelf information technologies, but also including 
     government off-the-shelf information technologies).
     Authority to license certain military designations and 
         likenesses of weapons systems to toy and hobby 
         manufacturers (sec. 882)
       The House bill contained a provision (sec. 843) that would 
     require the secretaries of the military departments to 
     license trademarks, service marks, certification marks, and 
     collective marks relating to military designations and 
     likenesses of military weapons systems to toy or hobby 
     manufacturers.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would clarify 
     that the licenses apply to trademarks owned or controlled by 
     the Department of Defense, and give the secretaries of the 
     military departments discretion over granting such licenses.
     Modifications to limitation on contracts to acquire military 
         flight simulator (sec. 883)
       The House bill contained a provision (sec. 844) that would 
     modify the waiver standard in section 832 of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364), which placed limitations on the use of 
     service contracts to acquire military flight simulators.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would limit the 
     applicability of section 832 to contracts that were entered 
     into prior to October 17, 2006.
     Requirements relating to waivers of certain domestic source 
         limitations relating to specialty metals (sec. 884)
       The House bill contained a provision (sec. 846) that would 
     require that any domestic non-availability determination 
     pursuant to section 2533b(b) of title 10, United States Code, 
     that would apply to more than one prime contract of the 
     Department of Defense be made on the basis of a formal 
     rulemaking process.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require 
     that the Secretary of Defense solicit information from 
     interested parties, including producers of specialty metal 
     mill products, to the maximum extent practicable and in a 
     manner consistent with

[[Page H14931]]

     the protection of national security information and 
     confidential business information before making a domestic 
     non-availability determination that would apply to more than 
     one prime contract. The provision would also require that the 
     Secretary's determination and the rationale for the 
     determination be made publicly available to the maximum 
     extent practicable consistent with the protection of national 
     security information and confidential business information.
     Telephone services for military personnel serving in combat 
         zones (sec. 885)
       The House bill contained a provision (sec. 848) that would 
     require the Secretary of Defense to: (1) use competitive 
     procedures in entering new contracts to provide morale, 
     welfare, and recreation telephone service for personnel 
     serving in combat zones; and (2) ensure that such contracts 
     provide individual users the flexibility of using phone cards 
     from multiple phone service providers.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary to use competitive procedures when contracting for 
     morale, welfare, and recreation telephone services and to 
     review and determine whether it is in the best interest of 
     the Department of Defense (DOD) to provide individual users 
     the flexibility of using multiple phone service providers 
     under such contracts.
       The conferees expect the Secretary to take appropriate 
     steps to ensure that the cost of phone cards, both to DOD and 
     to DOD personnel, is as low as possible under both existing 
     and future contracts. In general, contracts for morale, 
     welfare, and recreation phone services should recognize the 
     contractor's demonstrable and reasonable costs of access when 
     providing individual users the flexibility of using phone 
     cards from providers other than the contractor.
     Enhanced authority to acquire products and services produced 
         in Iraq and Afghanistan (sec. 886)
       The Senate amendment contained a provision (sec. 872) that 
     would authorize the Secretary of Defense to establish a 
     preference for the acquisition of products and services in 
     Iraq and Afghanistan for the purpose of providing a stable 
     source of jobs and employment in Iraq and Afghanistan in 
     cases where the preference will not have an adverse effect on 
     U.S. military operations or the U.S. industrial base.
       The House bill contained no similar provision.
       The House recedes.
       The conferees direct the Secretary of Defense to report to 
     the congressional defense committees on the use of this 
     authority six months after the date of the enactment of this 
     Act and every six months thereafter until the end of fiscal 
     year 2009. Each such report should address the dollar amounts 
     and purposes of procurements made under the authority of this 
     section during the preceding six-month period.
     Defense Science Board review of Department of Defense 
         policies and procedures for the acquisition of 
         information technology (sec. 887)
       The Senate amendment contained a provision (sec. 873) that 
     would require the Secretary of Defense to direct the Defense 
     Science Board to carry out a review of Department of Defense 
     policies and procedures for the acquisition of information 
     technology.
       The House bill contained no similar provision.
       The House recedes.
     Green procurement policy (sec. 888)
       The Senate amendment contained a provision (sec. 876) that 
     would require the Secretary of Defense to report to Congress 
     on plans to increase the usage of environmentally friendly 
     products at Department of Defense facilities.
       The House bill contained no similar provision.
       The House recedes with an amendment that would delete the 
     findings included in the Senate provision and would require 
     the report to cover consideration of the budgetary impact of 
     implementation of the plan.
       The conferees support the efforts of the Department of 
     Defense to purchase environmentally friendly products and 
     urge the Department to take additional steps to increase the 
     usage of these products, and to document and track such 
     usage.
     Comptroller General review of use of authority under the 
         Defense Production Act of 1950 (sec. 889)
       The Senate amendment contained a provision (sec. 877) that 
     would require the Comptroller General to review the 
     application of the Defense Production Act of 1950 over the 
     last 5 years.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify the 
     issues to be addressed in the review.
     Prevention of export control violations (sec. 890)
       The House bill contained a provision (sec. 810) that would 
     provide for the debarment of any contractor or prospective 
     contractor who has been convicted of a criminal violation of 
     any provision of the Arms Export Control Act (section 2751 of 
     title 22, United States Code, et seq.).
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense to promulgate regulations requiring 
     Department of Defense contractors to comply with applicable 
     export control laws and regulations, develop a contract 
     clause enforcing such requirement, and ensure that 
     contractors are made aware of resources available to assist 
     in compliance with such requirements.
     Procurement goal for native Hawaiian-serving institutions and 
         Alaska native-serving institutions (sec. 891)
       The House bill contained a provision (sec. 807) that would 
     clarify that the minority-serving institutions covered by the 
     goal established in section 2323 of title 10, United States 
     Code, includes native Hawaiian-serving institutions and 
     Alaska native-serving institutions.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Competition for procurement of small arms supplied to Iraq 
         and Afghanistan (sec. 892)
       The House bill contained a provision (sec. 834) that would 
     require competition for the procurement of small arms 
     supplied to Iraq and Afghanistan.
       The Senate amendment contained an identical provision (sec. 
     1534). The conference agreement includes this provision.

                   Legislative Provisions Not Adopted

     Clarification of jurisdiction of the United States district 
         courts to hear bid protest disputes involving maritime 
         contracts
       The House bill contained a provision (sec. 850) that would 
     limit bid protests arising out of maritime contracts to the 
     U.S. Court of Federal Claims.
       The Senate amendment contained no similar provision.
       The House recedes.
     Defense Production Industry Advisory Council
       The House bill contained a provision (sec. 1703) that would 
     require the Secretary of Defense to establish a Defense 
     Production Industry Advisory Council.
       The Senate amendment contained no similar provision.
       The House recedes.
     Evaluation of cost of compliance with requirement to buy 
         certain articles from American sources
       The House bill contained a provision (sec. 845) that would 
     require that costs related to compliance with requirements 
     related to the purchase of specialty metals from non-domestic 
     sources be excluded from consideration in the evaluation of 
     offers for Department of Defense contracts.
       The Senate amendment contained no similar provision.
       The House recedes.
     Jurisdiction under Contract Disputes Act of 1978 over claims, 
         disputes, and appeals arising out of maritime contracts
       The House bill contained a provision (sec. 849) that would 
     extend the coverage of the Contract Disputes Act of 1978 (41 
     U.S.C. 601 et seq.) to maritime contracts.
       The Senate amendment contained no similar provision.
       The House recedes.
     Management structure for the procurement of contract services
       The Senate amendment contained a provision (sec. 842) that 
     would authorize the military departments to establish 
     Contract Support Acquisition Centers.
       The House bill contained no similar provision.
       The Senate recedes.
     Maximizing fixed-price procurement contracts
       The House bill contained a provision (sec. 822) that would 
     require the head of each executive branch agency to develop 
     and implement a plan to maximize the use of fixed-price type 
     contracts for the procurement of goods and services.
       The Senate amendment contained no similar provision.
       The House recedes.
     Prohibition on procurement from beneficiaries of foreign 
         subsidies
       The House bill contained a provision (sec. 804) that would 
     prohibit the Secretary of Defense from entering into a 
     contract with a foreign person who has received a subsidy 
     from the government of a foreign country, if the United 
     States has requested a consultation with that foreign country 
     on the basis that the subsidy is prohibited under the 
     Agreement on Subsidies and Countervailing Measures.
       The Senate amendment contained no similar provision.
       The House recedes.
     Prohibition on procurement from companies in violation of the 
         Iran and Syria Nonproliferation Act
       The House bill contained a provision (sec. 805) that would 
     prohibit the use of funds for the procurement of goods or 
     services at a prime contract or subcontract level from any 
     source that is owned or controlled by an entity that is 
     subject to sanctions for violations of the Iran and Syria 
     Nonproliferation Act (Public Law 106-178).
       The Senate amendment contained no similar provision.
       The House recedes.
     Purpose
       The House bill contained a provision (sec. 1701) that would 
     establish the purpose of the Defense Readiness Production 
     Board.
       The Senate amendment contained no similar provision.
       The House recedes.

[[Page H14932]]

     Repeal of requirement for identification of essential 
         military items and military system essential item 
         breakout list
       The Senate amendment contained a provision (sec. 875) that 
     would repeal the requirement for the Secretary of Defense to 
     submit an annual report to the congressional defense 
     committees listing essential items, assemblies, and 
     components of military systems.
       The House bill contained no similar provision.
       The Senate recedes.
     Report on Department of Defense contracting with contractors 
         or subcontractors employing members of the Selected 
         Reserve
       The Senate amendment contained a provision (sec. 864) that 
     would require the Secretary of Defense to conduct a study on 
     contracting with the Department of Defense by contractors and 
     subcontractors who employ members of the Selected Reserve.
       The House bill contained no similar provision.
       The Senate recedes.
     Report to Congress
       The House bill contained a provision (sec. 826) that would 
     require the Director of the Office of Government Ethics to 
     submit a report to Congress that contains the Director's 
     recommendations on requiring certain government contractor 
     employees to comply with restrictions relating to personal 
     financial interests such as those that apply to federal 
     employees.
       The Senate amendment contained no similar provision.
       The House recedes.
     Report to Congress required on delays in major phases of 
         acquisition process for major automated information 
         system programs
       The House bill contained a provision (sec. 842) that would 
     require the Secretary of Defense to report to Congress if 
     there is a delay in meeting any deadline for a phase of the 
     acquisition process in the case of a major automated 
     information system program.
       The Senate amendment contained no similar provision.
       The House recedes.
     Role of Chairman of Board in certain reporting processes
       The House bill contained a provision (sec. 1704) that would 
     establish the role of the Chairman of the Defense Readiness 
     Production Board in certain Department of Defense processes.
       The Senate amendment contained no similar provision.
       The House recedes.
     Special authority for use of working capital funds for 
         critical readiness requirements
       The House bill contained a provision (sec. 1707) that would 
     provide special authority for the Secretary of Defense to 
     transfer funds from one working capital fund to another for 
     the purpose of addressing critical readiness programs.
       The Senate amendment contained no similar provision.
       The House recedes.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                       Items of Special Interest

     Operationally responsive space
       The conferees continue to strongly support the concept of 
     operationally responsive space (ORS) and note that the joint 
     ORS program office was recently established with an Air Force 
     director and a deputy director that will rotate among the 
     services or other federal agencies. There are many 
     opportunities for work in the ORS office and the conferees 
     believe that the Department of Defense (DOD) decision to 
     categorize the potential work into three tiers is a good way 
     to begin to establish priorities for the office. Tier 1 
     activities focus on utilizing existing assets in new ways; 
     Tier 2 activities focus on payload and satellite bus work to 
     support rapid replacement, reconstitution, and quick reaction 
     capabilities that could be delivered in days to weeks. Tier 3 
     activities focus on the rapid development and deployment of 
     capabilities that are capable of delivery within months to a 
     year. Development of low-cost launch is embedded within these 
     tiers.
       The conferees urge the ORS office, working with the U.S. 
     Strategic Command and the Joint Staff, to develop a balanced, 
     integrated program that will include activities in all three 
     tiers. The conferees are concerned that the balance at 
     present may be too heavily focused in the direction of Tier 
     1. In the conference report accompanying the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Conf. Rpt. 109-702), the conferees directed the Secretary of 
     Defense to establish the ORS office ``to facilitate the 
     development of low-cost, rapid reaction payloads, buses, 
     space-lift, and launch control capabilities to fulfill joint 
     military operational requirements for on-demand space support 
     and reconstition.'' Keeping in mind this guidance, the ORS 
     office should work to find the right niche for small, low-
     cost satellites and launch vehicles that will deliver the 
     most capability for the warfighter and focus activities in a 
     few high pay-off areas.
     Space acquisition
       The conferees continue to be concerned about the high 
     costs, the requirements process, and the priorities that have 
     been established in the space acquisition process. In many 
     instances capability decisions are made too quickly and on 
     the basis of a specific technology rather than as a result of 
     evaluating a range of technologies that could be used to 
     provide a desired capability. Programs have been terminated 
     early to free up funding for the next-generation satellite 
     systems, and new programs have been started with immature 
     technologies and without clear and feasible requirements. 
     Programs often have overly aggressive schedules, insufficient 
     funding, and inadequate personnel resources. When one or more 
     of these elements are combined the result has been a national 
     security space program plagued with schedule delays, 
     technical difficulties, and cost overruns, many of which are 
     quite large.
       While the conferees share the desire of the Department of 
     Defense (DOD) and the military services to provide the best 
     space capabilities to the warfighter as quickly as possible, 
     in many instances haste, inadequate planning, and overly 
     optimistic assumptions have in fact delayed programs, and 
     have made space system architectures fragile and vulnerable 
     to capability gaps. On the other hand, the conferees 
     recognize the challenge of designing, developing, and 
     launching satellites.
       In response to these programs the DOD, the Air Force, the 
     intelligence community, and the Navy have recently taken 
     steps to provide sufficient funding, focus on the 
     requirements process, and development of a sequential 
     approach to improving capability. This back-to-basics 
     approach is off to a good start, but more remains to be done 
     to improve the acquisition of space systems.
       The conferees believe the military and intelligence 
     communities need to work together to identify opportunities 
     for more joint programs that support both communities. In 
     addition to the black-white space integration, the conferees 
     stress the need for evolutionary acquisition strategies that 
     leverage mature technology. The conferees support and urge 
     the space community to carefully phase new programs and to 
     manage scarce resources, including funding, people, and 
     production capabilities.

                     Legislative Provisions Adopted

              Subtitle A--Department of Defense Management

     Repeal of limitation on major Department of Defense 
         headquarters activities personnel and related report 
         (sec. 901)
       The House bill contained a provision (sec. 901) that would 
     authorize the Secretary of Defense to waive the limitation in 
     section 130a of title 10, United States Code, on the number 
     of major Department of Defense headquarters activities 
     personnel.
       The Senate amendment contained a provision (sec. 901) that 
     would repeal the limitation in section 130a.
       The House recedes with an amendment that would require the 
     Secretary of Defense to include information on military and 
     civilian personnel assigned to major Department of Defense 
     headquarters activities in the materials submitted to 
     Congress by the Secretary of Defense in support of the budget 
     request for each fiscal year.
     Flexibility to adjust the number of deputy chiefs and 
         assistant chiefs (sec. 902)
       The House bill contained a provision (sec. 902) that would 
     amend sections 3035(b), 5036(a), and 5037(a) of title 10, 
     United States Code, to provide the service secretaries with 
     greater flexibility to determine the number of Deputy Chiefs 
     of Staff and Assistant Chiefs of Staff or, in the case of the 
     Navy, Deputy Chiefs of Naval Operations and Assistant Chiefs 
     of Naval Operations, not to exceed eight total positions for 
     each service.
       The Senate amendment contained a similar provision (sec. 
     906) that would provide this flexibility to the Secretary of 
     the Army.
       The Senate recedes.
     Change in eligibility requirements for appointment to 
         Department of Defense leadership positions (sec. 903)
       The House bill contained a provision (sec. 903) that would 
     amend sections 113, 132, and 134 of title 10, United States 
     Code, to reduce from 10 years to 5 years the period of time 
     following active duty military service before a commissioned 
     officer of a regular component can be appointed as Secretary 
     of Defense, Deputy Secretary of Defense, or Under Secretary 
     of Defense for Policy.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would reduce from 
     10 years to 7 years the period of time following active duty 
     military service before a commissioned officer of a regular 
     component could be appointed as Secretary of Defense, Deputy 
     Secretary of Defense, or Under Secretary of Defense for 
     Policy.
     Management of the Department of Defense (sec. 904)
       The House bill contained a provision (sec. 906) that would 
     require the Secretary of Defense to adopt a management 
     structure for the Department of Defense (DOD) and to assign 
     duties for significant management issues to a senior official 
     of a rank not lower than Under Secretary of Defense.
       The Senate amendment contained a provision (sec. 902) that 
     would: (1) designate the Deputy Secretary of Defense as the 
     Chief Management Officer (CMO) of the Department; (2) 
     establish a new position of Under Secretary of Defense for 
     Management (Deputy Chief Management Officer); (3) designate 
     the under secretaries of the military departments as the CMOs 
     of those departments; and (4) assign specific duties to the 
     CMOs of DOD and the military departments.

[[Page H14933]]

       The House recedes with an amendment that would: (1) 
     designate the Deputy Secretary of Defense as CMO of the 
     Department; (2) establish a new position of Deputy Chief 
     Management Officer of the Department of Defense; and (3) 
     require the Secretary of Defense and the secretaries of the 
     military departments to assign duties and authorities 
     relating to the management of the business operations for DOD 
     and the military departments.
       The conferees note that their intent in establishing a 
     Deputy CMO for DOD is to ensure that a senior official of the 
     Department has formal responsibility, on a full-time basis, 
     for assisting the CMO in accomplishing his or her duties in 
     the development, approval, integration and oversight of 
     policies, procedures, processes, and systems for the 
     management of the Department. In the view of the conferees, 
     the implementation of these policies, procedures, processes, 
     and systems should be left to other officials and components 
     of the Department.
       This section codifies the position of Deputy CMO in title 
     10, United States Code, at a level on the Executive Schedule 
     equivalent with the Under Secretaries of Defense for Policy, 
     Personnel and Readiness, Comptroller, and Intelligence. 
     However, the conferees do not intend for the Deputy CMO to 
     have a staff or office structure of a size equivalent to that 
     of an Under Secretary. Rather, the Deputy CMO's primary role 
     should be to assist the CMO in planning and oversight of 
     activities carried out by other offices. The conferees 
     believe strongly that the Deputy CMO's office should not be 
     of a size that could distract from that role.
     Revision in guidance relating to combatant command 
         acquisition authority (sec. 905)
       The House bill contained a provision (sec. 907) that would 
     modify existing law to eliminate the requirement that the 
     acquisition programs of U.S. Special Operations Command 
     support the acquisition priorities of the respective 
     services. The House provision would also revise the 
     consultation requirement between defense agencies and 
     military departments.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would strike the 
     revision in the consultation requirement contained in section 
     907(b).
     Department of Defense Board of Actuaries (sec. 906)
       The House bill contained a provision (sec. 908) that would 
     consolidate the Department of Defense Retirement Board of 
     Actuaries and the Department of Defense Education Benefits 
     Board of Actuaries into the Department of Defense Board of 
     Actuaries.
       The Senate amendment contained a similar provision (sec. 
     904).
       The House recedes.
     Modification of background requirement of individuals 
         appointed as Under Secretary of Defense for Acquisition, 
         Technology, and Logistics (sec. 907)
       The Senate amendment contained a provision (sec. 903) that 
     would delete the requirement that a nominee for the position 
     of Under Secretary of Defense for Acquisition, Technology, 
     and Logistics have extensive management background ``in the 
     private sector.''
       The House bill contained no similar provision.
       The House recedes.
       The conferees agree that management experience in the 
     private sector can be an extremely valuable asset for an 
     individual serving in the position of Under Secretary of 
     Defense for Acquisition, Technology, and Logistics. However, 
     the conferees conclude that other experience--including 
     management experience in the public sector--may also be 
     highly relevant to service in this position.
     Assistant secretaries of the military departments for 
         acquisition matters; principal military deputies (sec. 
         908)
       The Senate amendment contained a provision (sec. 905) that 
     would require the appointment of a three-star officer as the 
     principal deputy to the service acquisition executive in each 
     of the military departments. The provision would exclude the 
     principal deputies from distribution limitations on flag and 
     general officers.
       The House bill contained no similar provision.
       The House recedes with an amendment that would designate 
     the three-star officers as principal military deputies, 
     rather than principal deputies, to the service acquisition 
     executives. The conferees recommend this change to preserve 
     the option for the military departments to appoint principal 
     civilian deputies to the service acquisition executives in 
     addition to the principal military deputies.
       The provision would not address the distribution 
     limitations on flag and general officers. This issue is 
     addressed by a provision elsewhere in the conference report 
     that would amend section 525 of title 10, United States Code, 
     to authorize an increase in the number of flag or general 
     officers in each of the military services serving in a grade 
     above rear admiral or major general.
     Sense of Congress on term of office of the Director of 
         Operational Test and Evaluation (sec. 909)
       The Senate amendment contained a provision (sec. 907) that 
     would express the sense of Congress that the term of office 
     of the Director of Operational Test and Evaluation should be 
     not less than five years.
       The House bill contained no similar provision.
       The House recedes.

                      Subtitle B--Space Activities

     Space Protection Strategy (sec. 911)
       The House bill contained a provision (sec. 911) that would 
     set forth the policy of the United States with respect to the 
     priority within the Nation's space programs on the protection 
     of national security space systems. The provision would also 
     require the Secretary of Defense to develop a Space 
     Protection Strategy for four, 5-fiscal year periods beginning 
     in fiscal year 2008, and continuing through fiscal year 2025. 
     The first report on the strategy would be due March 15, 2008 
     with updated reports to be submitted biennially in every 
     even-numbered year thereafter. The provision would also 
     repeal section 911 of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163).
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would set forth 
     the sense of Congress that the United States should place 
     greater priority on the protection of national security space 
     systems, direct that the strategy be developed in conjunction 
     with the Director of National Intelligence (DNI), and change 
     the due date of the first report on the strategy to no later 
     than 6 months after the date of enactment of this Act. The 
     report would also be prepared in conjunction with the DNI. In 
     addition, the amendment would clarify the elements to be 
     included in the strategy. The report on the strategy would be 
     submitted to the congressional defense committees and the 
     Committees on Intelligence in the Senate and the House of 
     Representatives.
       The conferees remain concerned about the growing threat to 
     and vulnerability of our Nation's space capabilities, 
     highlighted by the January 11, 2007 Chinese anti-satellite 
     test and other counterspace developments. Key protection and 
     space situational awareness (SSA) capabilities could mitigate 
     such vulnerabilities but continue to be underfunded. 
     Moreover, no clear strategy exists to guide SSA investments.
       Furthermore, the conferees believe that better coordination 
     of protection and SSA technology investments must occur and 
     that the Defense Advanced Research Projects Agency should be 
     consulted in the development of the strategy, to assist in 
     the development of suitable protection technologies.
       The committees with jurisdiction over the subject matter 
     requested will work with the respective executive branch 
     organizations to determine the proper recipients of all 
     information requested by Congress. This determination will be 
     made in accordance with House and Senate rules and with 
     respect to proper protections of sources and methods.
     Biennial report on management of space cadre within the 
         Department of Defense (sec. 912)
       The House bill contained a provision (sec. 912) that would 
     require the Secretary of Defense and each secretary of a 
     military department to develop and use metrics to identify, 
     track, and manage space cadre personnel within the Department 
     of Defense (DOD) and to ensure that there are enough people 
     with the necessary expertise, training, and experience to 
     meet current and future national security space needs. The 
     provision would also require a detailed report and assessment 
     on the management of the space cadre and DOD efforts to 
     ensure that the space cadre is appropriate to meet current 
     and future national security space needs.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
       The conferees note that many of the DOD and military 
     service members of the space cadre serve, over the course of 
     their careers, in a variety of space positions and in a 
     variety of defense and intelligence agencies, such as the 
     National Reconnaissance Office and other intelligence 
     organizations with space-related responsibilities. The 
     conferees believe that the report and assessment should also 
     include the requirements of these entities and the ability of 
     the space cadre to meet the current and future needs of these 
     entities. Therefore, the conferees urge the Secretary to 
     coordinate and consult with the Director of National 
     Intelligence in the preparation of this report.
     Additional report on oversight of acquisition for defense 
         space programs (sec. 913)
       The Senate amendment contained a provision (sec. 922) that 
     would extend the due date for the report on the oversight of 
     defense space acquisition programs required by section 911 of 
     the Bob Stump National Defense Authorization Act for Fiscal 
     Year 2003 (Public Law 107-314).
       The House bill contained no similar provision.
       The House recedes.

             Subtitle C--Chemical Demilitarization Program

     Chemical demilitarization citizens advisory commissions (sec. 
         921)
       The House bill contained a provision (sec. 921) that would 
     modify the termination requirements for the chemical 
     demilitarization citizens advisory commissions to permit the 
     commissions to remain in existence, at the discretion of the 
     Governor of the respective State, until either the closure of 
     that State's

[[Page H14934]]

     chemical agent destruction facility, or upon the request of 
     the Governor, whichever comes first.
       The Senate amendment contained a similar provision (sec. 
     1431).
       The Senate recedes.
     Sense of Congress on completion of destruction of United 
         States chemical weapons stockpile (sec. 922)
       The House bill contained a provision (sec. 922) that would 
     express the sense of Congress that the Department of Defense 
     should continue to plan for on-site disposal of chemical 
     stockpiles located at Pueblo Chemical Depot, Colorado, and 
     Blue Grass Army Depot, Kentucky, and that the Department 
     should ensure extensive consultation and notification 
     processes between representatives of the Department and 
     representatives of relevant States and local communities.
       The Senate amendment contained a provision (sec. 1433) that 
     would express the sense of Congress that the United States 
     must remain committed to making every effort to safely 
     destroy its chemical weapons stockpile by the Chemical 
     Weapons Convention deadline of April 2012, or as soon 
     thereafter as possible, and that the Secretary of Defense 
     should make every effort to plan for and request adequate 
     funding to complete such destruction in accordance with U.S. 
     obligations under the Chemical Weapons Convention. The 
     provision would also require biannual reports describing the 
     status of chemical weapons destruction; the options and 
     funding required for accelerating such destruction; and the 
     actions being taken to accelerate such destruction.
       The Senate amendment also contained a provision (sec. 2406) 
     that would, among other things, require the completion of the 
     destruction of the U.S. chemical weapons stockpile by no 
     later than December 31, 2017, and would require biannual 
     reports on progress to implement this destruction deadline.
       The House recedes with an amendment that would add several 
     findings and would add two elements to the required reports: 
     a description of the options and funding required to complete 
     chemical stockpile destruction by December 2017; and a life 
     cycle cost estimate for each facility included in the 
     descriptions of accelerated funding options.
     Repeal of certain qualifications requirement for director of 
         chemical demilitarization management organization (sec. 
         923)
       The Senate amendment contained a provision (sec. 1432) that 
     would repeal the requirement that the Army's Director of the 
     Chemical Materials Agency must be trained in chemical warfare 
     defense operations.
       The House bill contained no similar provision.
       The House recedes.
     Modification of termination of assistance to State and local 
         governments after completion of the destruction of the 
         United States chemical weapons stockpile (sec. 924)
       The Senate amendment contained a provision (sec. 1434) that 
     would permit the Chemical Stockpile Emergency Preparedness 
     Program to provide assistance to State and local governments 
     until existing grants or cooperative agreements are 
     completed, but not beyond 6 months after the date of 
     completion of the destruction of lethal chemical agents and 
     munitions at each chemical demilitarization installation or 
     facility.
       The House bill contained no similar provision.
       The House recedes.

                Subtitle D--Intelligence-Related Matters

     Technical amendments to title 10, United States Code, arising 
         from enactment of the Intelligence Reform and Terrorism 
         Prevention Act of 2004 (sec. 931)
       The House bill contained a provision (sec. 932) that would 
     make technical corrections to title 10, United States Code, 
     to reflect enactment of the Intelligence Reform and Terrorism 
     Prevention Act of 2004.
       The Senate amendment contained a similar provision (sec. 
     1068).
       The Senate recedes.

                Subtitle E--Roles and Missions Analysis

     Requirement for quadrennial roles and missions review (sec. 
         941)
       The House bill contained provisions (secs. 941-943) that 
     would require the Secretary of Defense to conduct a 
     quadrennial roles and missions review, to identify core 
     competencies of the military departments and other entities 
     within the Department of Defense, and to review the 
     capabilities that such departments and entities are 
     performing or developing.
       The Senate amendment contained no similar provisions.
       The Senate recedes with an amendment that would consolidate 
     these provisions into a single section. This provision would 
     require the Secretary to conduct a quadrennial roles and 
     missions review after receiving an independent military 
     assessment of roles and missions from the Chairman of the 
     Joint Chiefs of Staff.
     Joint Requirements Oversight Council additional duties 
         relating to core mission areas (sec. 942)
       The House bill contained a provision (sec. 944) that would 
     amend section 181 of title 10, United States Code, to revise 
     the mission of the Joint Requirements Oversight Council 
     (JROC) and address the participation of senior civilian 
     leaders of the Department of Defense in JROC proceedings.
       The Senate amendment contained a provision (sec. 841) that 
     would address the issue of participation by senior civilian 
     leaders in JROC proceedings.
       The Senate recedes with an amendment that would combine the 
     requirements of the two provisions.
     Requirement for certification of major systems prior to 
         technology development (sec. 943)
       The House bill contained a provision (sec. 945) that would 
     require the Joint Requirements Oversight Council (JROC) to 
     make certain certifications before the start of technology 
     development for a major system.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment requiring that the 
     Milestone Decision Authority for a major defense acquisition 
     program (MDAP) make the required certifications, after 
     consultation with the JROC, before the program may receive 
     Milestone A approval. The provision would also direct the 
     Secretary of Defense to ensure that the Department of Defense 
     does not commence a technology development program for a 
     major weapon system without Milestone A approval.
     Presentation of future-years mission budget by core mission 
         area (sec. 944)
       The House bill contained a provision (sec. 946) that would 
     amend section 222 of title 10, United States Code, to require 
     that the future-years mission budget of the Department of 
     Defense be organized by core mission area.
       The Senate amendment contained no similar provision.
       The Senate recedes.

                       Subtitle F--Other Matters

     Department of Defense consideration of effect of climate 
         change on department facilities, capabilities, and 
         missions (sec. 951)
       The House bill contained a provision (sec. 951) that would 
     require that the first national security strategy, national 
     defense strategy, and quadrennial defense review prepared 
     after the date of the enactment of this Act include 
     consideration of the effect of climate change on Department 
     of Defense facilities, capabilities, and missions.
       The Senate amendment contained a similar provision (sec. 
     931).
       The Senate recedes with an amendment that would clarify the 
     conferees' expectation that this aspect of the national 
     security strategy and the national defense strategy, like 
     other aspects of those strategies, will be implemented in a 
     manner that is consistent with the national security 
     interests of the United States.
     Interagency policy coordination (sec. 952)
       The House bill contained a provision (sec. 952) that would 
     require the Secretary of Defense to develop and submit, not 
     later than 180 days after the date of enactment of this Act, 
     a plan to Congress to improve and reform the interagency 
     coordination process on national security issues.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would clarify 
     that the plan required would be to improve the Department of 
     Defense's participation and contribution to the interagency 
     coordination process on national security issues.
       The conferees urge the President to require other relevant 
     agencies and departments to establish similar plans to 
     improve the overall interagency process for national 
     security, and to ensure that the Department of Defense, 
     simply by virtue of having a plan, does not become the de 
     facto dominant organization in the interagency coordination 
     process.
     Expansion of employment creditable under service agreements 
         under National Security Education Program (sec. 953)
       The House bill contained a provision (sec. 953) that would 
     modify the David L. Boren National Security Education Act of 
     1991 (50 U.S.C. 1902) to allow a recipient of support under 
     that Act to repay that service by working in an educational 
     area related to the discipline for which the support was 
     provided. Such educational service would only be permitted if 
     the Secretary of Defense were to determine that no position 
     is available in departments, agencies, or offices covered by 
     Act.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Board of Regents for the Uniformed Services University of the 
         Health Sciences (sec. 954)
       The Senate amendment contained a provision (sec. 932) that 
     would amend chapter 104 of title 10, United States Code, to 
     authorize the Secretary of Defense to appoint the members of 
     the Board of Regents for the Uniformed Services University of 
     the Health Sciences (USUHS) without a requirement for the 
     advice and consent of the Senate, and would redesignate the 
     Dean of USUHS as the President of USUHS.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     require the Board to meet at least once a quarter.
       The conferees believe that this provision should not alter 
     the well-established role of the Board of Regents under its 
     charter to assist the Secretary of Defense in an advisory 
     capacity in carrying out the Secretary's responsibility to 
     conduct the business of

[[Page H14935]]

     USUHS and to provide advice and recommendations to the 
     Secretary of Defense on academic and administrative matters 
     critical to the full accreditation and successful operation 
     of the USUHS. The conferees value the contributions and 
     voluntary service of the members of the Board and believe 
     that the Board can best perform its functions in coordination 
     with the President of USUHS and the Assistant Secretary of 
     Defense for Health Affairs.
     Establishment of Department of Defense School of Nursing 
         (sec. 955)
       The Senate amendment contained a provision (sec. 556) that 
     would authorize the Secretary of Defense to create several 
     programs to address a national shortage of nursing 
     instructors at accredited nursing schools and aid in the 
     recruiting and retention of military nurses. The programs 
     could include: (1) authorizing active duty military nurse 
     officers with a graduate degree in nursing or a related field 
     to serve as full-time faculty at an accredited civilian 
     school of nursing in exchange for a commitment to additional 
     service in the armed forces; (2) authorizing active duty 
     military nurse officers with a graduate degree in nursing or 
     a related field to serve as full-time faculty at an 
     accredited civilian school of nursing in exchange for 
     scholarships provided by the nursing school to military nurse 
     officer candidates; (3) providing scholarships to retirement-
     eligible active duty military nurse corps officers who agree 
     to serve not less than 2 years as a full-time faculty member 
     of an accredited civilian school of nursing; (4) providing 
     career placement assistance, continuing education, and 
     stipends to retirement-eligible active duty military nurse 
     corps officers with a doctoral or master degree in nursing or 
     a related field who agree, in return, to serve as a full-time 
     faculty member of an accredited school of nursing; and (5) 
     supplemental salary payments to a retired military nurse 
     corps officer serving as a full-time faculty member of a 
     civilian accredited school of nursing to compensate for any 
     difference between base pay to which the retired officer was 
     entitled immediately before retirement and the sum of the 
     officer's retired pay and the salary received from the 
     nursing school.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary to develop a detailed plan to establish a 
     Department of Defense School of Nursing within the Uniformed 
     Services University of Health Sciences (USUHS). The amendment 
     would also authorize the Secretary to establish a school of 
     nursing within USUHS that could lead to the award of a 
     bachelor of science or graduate degree in nursing. The 
     conferees note the shortage of nurses in the military, and 
     encourage the Department to establish a Department of Defense 
     school of nursing as soon as practicable.
       The conferees direct the Secretary to conduct a study to 
     determine whether a program to provide incentives to retired 
     military nurse corps officers to serve as faculty at civilian 
     nursing schools, sometimes referred to as ``Retired Troops to 
     Nurse Teachers,'' could help to alleviate the current and 
     projected nursing shortage in the military services. The 
     conferees believe that an essential part of any such program 
     should ensure that the Department would receive a tangible 
     benefit in exchange for partially funding the program. The 
     study should include the following elements: (1) the number 
     of retired military nurse corps officers who have at least 20 
     years of active federal commissioned service who would be 
     eligible to participate in such a program; (2) whether 
     colleges or universities at which retired military nurse 
     instructors would serve would award and fund at least two 
     full scholarships per academic year to military nurse corps 
     candidates in return for a commitment to serve in the armed 
     forces as a military nurse corps officer; (3) for each 
     nursing student awarded such a scholarship that fails to 
     access into the armed forces as a military nurse, the 
     recourse that would be available to the Department; (4) 
     whether the retired military nurse corps officer instructor 
     should be paid by the college or university at a comparable 
     rate, as determined by the Secretary, to other faculty at the 
     school based upon their skills, experience, and 
     certification(s); (5) when the sum of the comparable salary 
     offered to the retired military nurse corps officer 
     instructor and the instructor's retired pay is less than the 
     amount that the member's base pay (based on grade and time in 
     service) would be if the member was still on active duty, 
     should the Secretary reimburse the retired military nurse 
     corps officer for any difference; and (6) any other relevant 
     factors, as determined by the Secretary. The Secretary should 
     submit a report on the findings and recommendations of this 
     study to the Committees on Armed Services of the Senate and 
     the House of Representatives by March 1, 2008.
     Inclusion of commanders of Western Hemisphere combatant 
         commands in Board of Visitors of Western Hemisphere 
         Institute for Security Cooperation (sec. 956)
       The Senate amendment contained a provision (sec. 935) that 
     would authorize all combatant commanders, or their directed 
     designees, who have responsibility in the Western Hemisphere 
     to be members of the Western Hemisphere Institute for 
     Security Cooperation Board of Visitors.
       The House bill contained no similar provision.
       The House recedes.
     Comptroller General assessment of reorganization of the 
         office of the Under Secretary of Defense for Policy (sec. 
         957)
       The Senate amendment contained a provision (sec. 936) that 
     would require the Comptroller General to submit to the 
     congressional defense committees, not later than March 1, 
     2008, a report assessing the most recent reorganization of 
     the office of the Under Secretary of Defense for Policy 
     (USDP).
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that, among 
     other things, would require the report to be submitted by 
     June 1, 2008.
       The conferees note the concerns expressed in the report 
     accompanying the Senate amendment (S. Rpt. 110-77). While the 
     conferees understand that the office of the USDP plans on 
     evaluating the reorganization in terms of stakeholder input, 
     internal assessment, and performance metrics in February 
     2008, they also note that they have been made aware of other 
     concerns, which that review may not address, including: (1) 
     the possible absence of a dissent channel within the 
     Department of Defense (DOD) and, in particular, the USDP's 
     office that personnel may use to present alternative views, 
     analyses, and policy recommendations at variance with those 
     in place or being submitted to senior leadership for 
     consideration; (2) the impact of the process, as conducted in 
     November 2006 and implemented in early 2007, whereby career 
     civil servants ``bid'' on positions within the USDP's office 
     on overall levels of personnel morale, expertise, and 
     effectiveness. Of specific concern are those positions that 
     deal with policy towards Iraq, Afghanistan, Pakistan, and 
     other regional and functional areas critical to national 
     security; and (3) the fact that foreign affairs specialists 
     (i.e., GS-130 series) from those field agencies and offices 
     associated with the office of the USDP--i.e., the Defense 
     Security Cooperation Agency, the Defense Technology Security 
     Administration, and the Defense Prisoner of War/Missing 
     Personnel Office--were not included in the personnel 
     assignment bidding system, even though they are eligible to 
     apply for vacancies in the office of the USDP. The conferees 
     recommend that the Comptroller General also assess the impact 
     of these issues on the overall effectiveness and efficiency 
     of the office of the USDP.
     Reports on foreign language proficiency (sec. 958)
       The House bill contained a provision (sec. 931) that would 
     require the Secretary of Defense and the secretaries of the 
     military departments to submit annual reports on the foreign 
     language proficiencies of the military departments and the 
     Department of Defense.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment that, among 
     other things, terminates the reporting requirement on 
     December 31, 2013.

                   Legislative Provisions Not Adopted

     Future capability planning by Joint Requirements Oversight 
         Council
       The House bill contained a provision (sec. 947) that would 
     require that each operational and contingency plan of the 
     Department of Defense include an extended planning annex 
     assessing capabilities required to perform the planned 
     missions.
       The Senate amendment contained no similar provision.
       The House recedes.
       The issue of whether, and how, the combatant commands 
     should participate in long-term planning for future 
     capabilities is addressed in a separate provision.
     Redesignation of the Department of the Navy as the Department 
         of the Navy and Marine Corps
       The House bill contained a provision (sec. 905) that would 
     redesignate the Department of the Navy as the Department of 
     the Navy and Marine Corps and the position of the Secretary 
     of the Navy as the Secretary of the Navy and Marine Corps.
       The Senate amendment contained no similar provision.
       The House recedes.
     Revisions in functions and activities of special operations
       The House bill contained a provision (sec. 904) that would 
     amend section 167(a) of title 10, United States Code, to 
     modify the authorities governing U.S. Special Operations 
     Command (SOCOM) to accurately reflect current mission 
     requirements.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees will work with the Department of Defense and 
     SOCOM to ensure that title 10 continues to accurately reflect 
     the missions of SOCOM and the activities of special 
     operations forces. In addition, the conferees remain 
     concerned about the evolving requirements associated with the 
     concepts of irregular and unconventional warfare, especially 
     as they pertain to the Department's personnel management 
     programs. The conferees support the concerns raised in House 
     Report 110-146 calling for a full spectrum analysis on 
     irregular warfare. The conferees direct the Secretary of 
     Defense to initiate the requirements of this study and 
     deliver the results to the congressional defense committees 
     by June 1, 2008.

[[Page H14936]]

     Space posture review
       The Senate amendment contained a provision (sec. 921) that 
     would direct the Secretary of Defense and the Director of 
     National Intelligence to conduct a comprehensive review of 
     the space posture of the United States.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the space posture review previously 
     required was submitted.
     United States Military Cancer Institute
       The Senate amendment contained a provision (sec. 933) that 
     would require the Secretary of Defense to establish a United 
     States Military Cancer Institute in the Uniformed Services 
     University of the Health Sciences.
       The House bill contained no similar provision.
       The Senate recedes.
     Western Hemisphere Center for Excellence in Human Rights
       The Senate amendment contained a provision (sec. 934) that 
     would authorize the Secretary of Defense to establish a 
     Western Hemisphere Human Rights Center to continue and expand 
     the work that began under U.S. Southern Command's Human 
     Rights Initiative.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees support the U.S. Southern Command's 
     activities on behalf of human rights in the Western 
     Hemisphere. However, rather than authorize the creation of a 
     new institution, the conferees prefer that the Southern 
     Command work out an arrangement, with the Center for 
     Hemispheric Defense Studies, which would provide for gifts 
     and donations to be directed from the regional center to the 
     human rights activities of Southern Command through the gift 
     and donation authority that Congress has already provided to 
     the regional centers.

                      TITLE X--GENERAL PROVISIONS

                       Items of Special Interest

     Ship disposal
       The Senate report (S. Rept. 110-77) accompanying the 
     National Defense Authorization Act for Fiscal Year 2008 (S. 
     1547) contained direction for the Navy to maintain 
     decommissioned LHA-1 class amphibious assault ships in a 
     reduced operating status until such time that the active 
     fleet could deliver 2.0 Marine Expeditionary Brigade forcible 
     entry lift capability in response to a national emergency. 
     Total forcible lift entry capability was to be assessed under 
     the assumption that no less than 10 percent of the force will 
     be unavailable due to extended duration maintenance 
     availabilities.
       The conferees agree with the intent of this provision. The 
     conferees understand that the Navy's preferred method of 
     meeting this intent would be to retain decommissioned LHA-1 
     class amphibious assault ships in a mobilization category B 
     status.
       The conferees agree to direct the Navy to: (1) maintain 
     these ships in mobilization category B status until such time 
     that the active fleet could deliver 2.0 Marine Expeditionary 
     Brigade forcible entry lift capability in response to a 
     national emergency; and (2) assess total forcible lift entry 
     capability under the assumption that no less than 10 percent 
     of the force will be unavailable due to extended duration 
     maintenance availabilities.
     Table of congressionally directed spending and related items
       In accordance with the requirements of Rule XLIV of the 
     Standing Rules of the Senate and Rules XXI and XXIII of the 
     Rules of the House of Representatives, this joint statement 
     of managers includes a table listing congressionally-directed 
     spending items, congressional earmarks, limited tax benefits, 
     or limited tariff benefits requested by Senators and Members, 
     regardless whether the expenditure is directed to a 
     particular entity or targeted to a specific State, locality, 
     or congressional district. By including this table in the 
     statement of managers, the conferees do not take the position 
     that all of the items meet the definitions of an earmark or a 
     congressionally-directed spending item in the Rules of the 
     Senate or the House of Representatives.
       The conferees direct the Department of Defense to use all 
     applicable competitive, merit-based procedures in the 
     awarding of any new contract, grant, or other agreement which 
     is entered into with funds that are authorized to be 
     appropriated by this conference report and statement of 
     managers. No provision in the conference report or statement 
     of managers shall be construed to direct funds to any 
     particular location or entity unless the provision expressly 
     so provides.

                     Subtitle A--Financial Matters

     General transfer authority (sec. 1001)
       The House bill contained a provision (sec. 1001) that would 
     provide for the transfer of up to $4.5 billion of funds 
     authorized in Division A of this Act to unforeseen higher 
     priority needs in accordance with normal reprogramming 
     procedures.
       The Senate amendment contained a similar provision (sec. 
     1001) that would provide for the transfer of up to $5.0 
     billion in authorizations and would exempt transfers of funds 
     between military personnel authorizations from the dollar 
     limitation in this provision.
       The House recedes.
     United States contribution to NATO common-funded budgets in 
         fiscal year 2008 (sec. 1002)
       The House bill contained a provision (sec. 1002) that would 
     authorize the U.S. contribution to North Atlantic Treaty 
     Organization (NATO) common-funded budgets for fiscal year 
     2008, including the use of unexpended balances.
       The Senate amendment contained an identical provision (sec. 
     1004).
       The conference agreement includes this provision.
       The conferees note that this provision is necessary because 
     the resolution of ratification for the Protocol to the North 
     Atlantic Treaty of 1949 on the Accession of Poland, Hungary, 
     and the Czech Republic contained a provision (section 
     3(2)(c)(ii)) requiring a specific authorization for U.S. 
     payments to the common-funded budgets of NATO for each fiscal 
     year, beginning in fiscal year 1999, that payments exceed the 
     fiscal year 1998 total.
     Authorization of additional emergency supplemental 
         appropriations for fiscal year 2007 (sec. 1003)
       The Senate amendment contained a provision (sec. 1002) that 
     would authorize the additional supplemental appropriations 
     for operations in Iraq and Afghanistan, and for other 
     purposes, for fiscal year 2007 that were enacted in Public 
     Law 110-28.
       The House bill contained no similar provision.
       The House recedes.
     Modification of fiscal year 2007 general transfer authority 
         (sec. 1004)
       The Senate amendment contained a provision (sec. 1003) that 
     would modify the transfer authority provided in section 1001 
     of the John Warner National Defense Authorization Act for 
     Fiscal Year 2007 (Public Law 109-364) by exempting the 
     transfer of funds previously approved by the committees in 
     two reprogramming actions from the dollar limitation in that 
     provision.
       The House bill contained no similar provision.
       The House recedes.
     Financial management transformation initiative for the 
         Defense Agencies (sec. 1005)
       The Senate amendment contained a provision (sec. 1005) that 
     would require the Director of the Business Transformation 
     Agency of the Department of Defense to carry out an 
     initiative for financial management transformation in the 
     Defense Agencies.
       The House bill contained no similar provision.
       The House recedes with an amendment that would: (1) require 
     the Director to consult with the Comptroller of the 
     Department of Defense to ensure that the initiative is 
     carried out in a manner that is consistent with the financial 
     standards and requirements of the Department of Defense; and 
     (2) provide greater specificity on the requirements for the 
     plan on development and implementation of the initiative.
     Repeal of requirement for two-year budget cycle for the 
         Department of Defense (sec. 1006)
       The Senate amendment contained a provision (sec. 1006) that 
     would repeal the requirement enacted in the National Defense 
     Authorization Act for Fiscal Year 1986 (Public Law 99-145) 
     for the Department of Defense to submit a biennial budget as 
     part of the President's budget request for even-numbered 
     fiscal years.
       The House bill contained no similar provision.
       The House recedes.

          Subtitle B--Policy Relating to Vessels and Shipyards

     Limitation on leasing of vessels (sec. 1011)
       The House bill contained a provision (sec. 1011) that would 
     prohibit the secretary of a military department from entering 
     into a contract for lease or charter of a vessel for a term 
     of more than 24 months. This would include all options to 
     renew or extend the contract, if the hull or superstructure 
     of that vessel was constructed in a foreign shipyard.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     secretary of a military department to notify the 
     congressional defense committees 30 days prior to making a 
     contract for lease of a vessel, or for the provision of a 
     service through use by a contractor of a vessel, if the term 
     of the lease is for a period of greater than 2 years. The 
     secretary's notification is to include a description of the 
     terms of the lease, a justification for leasing rather than 
     purchasing a vessel for such service, a determination that 
     the lease contract provides the most cost-effective means for 
     obtaining such service, and a plan for meeting the 
     requirements provided by the leased vessel upon completion of 
     the term of the lease.
     Policy relating to major combatant vessels of the strike 
         forces of the United States Navy (sec. 1012)
       The House bill contained a provision (sec. 1012) that would 
     require that all new ship classes of submarines, aircraft 
     carriers and cruisers and large escorts for carrier strike 
     groups, expeditionary strike groups, and vessels comprising a 
     sea base have integrated nuclear power systems. The provision 
     would allow a single exception to the requirement: if the 
     Secretary of Defense were to submit, with the budget request 
     for such a vessel, a notification that the inclusion of an 
     integrated nuclear power system is not in the national 
     interest.

[[Page H14937]]

       The Senate amendment contained no similar provision.
       The Senate recedes.
       The Navy's next opportunity to apply this guidance will be 
     the next generation cruiser, or ``CG(X)''. Under the current 
     future-years defense program (FYDP), the Navy plans to award 
     the construction contract for CG(X) in fiscal year 2011. 
     Under this provision, the next cruiser would be identified as 
     ``CGN(X)'' to designate the ship as nuclear powered. Under 
     the Navy's normal shipbuilding schedule for the two programs 
     that already have nuclear power systems (aircraft carriers 
     and submarines), the Navy seeks authorization and 
     appropriations for long lead time nuclear components for 
     ships 2 years prior to full authorization and appropriation 
     for construction.
       The conferees recognize that the milestone decision for the 
     Navy's CG(X) is only months away. After that milestone 
     decision, the Navy and its contractors will begin a 
     significant design effort, and, in that process, will be 
     making significant tradeoff decisions and discarding major 
     options (such as propulsion alternatives). This is the normal 
     process for the Navy and the Department of Defense (DOD) to 
     make choices that will lead to producing a contract design 
     that will be the basis for awarding the construction contract 
     for the lead ship in 2011.
       In order for the Navy to live by the spirit of this 
     guidance, the conferees agree that:
       (1) the Navy would be required to proceed through the 
     contract design phase of the program with a comprehensive 
     effort to design a CGN(X) independent of the outcome of 
     decisions that the Navy or the DOD will make at the next 
     milestone decision point regarding any preferred propulsion 
     system for the next generation cruiser;
       (2) if the Navy intends to maintain the schedule in the 
     current FYDP and award a vessel in fiscal year 2011, the Navy 
     would need to request advance procurement for nuclear 
     components in the fiscal year 2009 budget request; and
       (3) the Navy must consider options for:
       (a) maintaining the segment of the industrial base that 
     currently produces the conventionally powered destroyer and 
     amphibious forces of the Navy;
       (b) certifying yards which comprise that segment of the 
     industrial base to build nuclear-powered vessels; or
       (c) seeking other alternatives for building non-nuclear 
     ships in the future if the Navy is only building nuclear-
     powered surface combatant ships for some period of time as it 
     builds CGN(X) vessels; and
       (d) identifying sources of funds to pay for the additional 
     near-term costs of the integrated nuclear power system, 
     either from offsets within the Navy's budget, from elsewhere 
     within the Department's resources, or from gaining additional 
     funds for DOD overall.
       The conferees recognize that these considerations will 
     require significant additional near-term investment by the 
     Navy. Some in the Navy have asserted that, despite such added 
     investment, the Navy would not be ready to award a 
     shipbuilding contract for a CGN(X) in fiscal year 2011 as in 
     the current FYDP.
       Section 128 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364) 
     required that the Navy include nuclear power in its Analysis 
     of Alternatives (AOA) for the CG(X) propulsion system. The 
     conferees are aware that the CG(X) AOA is nearing completion, 
     in which case the Navy should have some indications of what 
     it will require to design and construct a CGN(X) class.
       Accordingly, the conferees direct the Secretary of the Navy 
     to submit a report to the congressional defense committees 
     with the budget request for fiscal year 2009 providing the 
     following information:
       (1) the set of next generation cruiser characteristics, 
     such as displacement and manning, which would be affected by 
     the requirement for including an integrated nuclear power 
     system;
       (2) the Navy's estimate for additional costs to develop, 
     design, and construct a CGN(X) to fill the requirement for 
     the next generation cruiser, and the optimal phasing of those 
     costs in order to deliver CGN(X) most affordably;
       (3) the Navy's assessment of any effects on the delivery 
     schedule for the first ship of the next generation cruiser 
     class that would be associated with shifting the design to 
     incorporate an integrated nuclear propulsion system, options 
     for reducing or eliminating those schedule effects, and 
     alternatives for meeting next generation cruiser requirements 
     during any intervening period if the cruiser's full 
     operational capability were delayed;
       (4) the Navy's estimate for the cost associated with 
     certifying those shipyards that currently produce 
     conventionally powered surface combatants, to be capable of 
     constructing and integrating a nuclear-powered combatant;
       (5) any other potential effects on the Navy's 30-year 
     shipbuilding plan as a result of implementing these factors;
       (6) such other considerations that would need to be 
     addressed in parallel with design and construction of a 
     CGN(X) class, including any unique test and training 
     facilities, facilities and infrastructure requirements for 
     potential CGN(X) homeports, and environmental assessments 
     that may require long-term coordination and planning; and
       (7) an assessment of the highest risk areas associated with 
     meeting this requirement, and the Navy's alternatives for 
     mitigating such risk.

                  Subtitle C--Counter-Drug Activities

     Extension of authority for joint task forces to provide 
         support to law enforcement agencies conducting counter-
         terrorism activities (sec. 1021)
       The House bill contained a provision (sec. 1021) that would 
     amend section 1022(b) of the National Defense Authorization 
     Act for Fiscal Year 2004 (Public Law 108-136) to extend the 
     authority for joint task forces to provide support to law 
     enforcement agencies conducting counterterrorism activities 
     through fiscal year 2008.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees support the use of counternarcotics funds to 
     concurrently conduct counterterrorist and counternarcotics 
     activities, but urge the Department of Defense to be mindful 
     of the original intent of the Counternarcotics Central 
     Transfer Account, and to ensure that adequate resources 
     continue to be available for counternarcotics activities 
     where there is no nexis with counterterrorism. The conferees 
     will closely scrutinize the use of this authority over the 
     next fiscal year to determine whether it should be extended 
     in future years.
     Expansion of authority to provide additional support for 
         counterdrug activities in certain foreign countries (sec. 
         1022)
       The House bill contained a provision (sec. 1022) that would 
     expand additional counterdrug support to the Government of 
     Mexico and the Government of the Dominican Republic.
       The Senate amendment contained a similar provision.
       The Senate recedes with a technical amendment.
     Report on counternarcotics assistance for the Government of 
         Haiti (sec. 1023)
       The Senate amendment contained a provision (sec. 1012) that 
     would require the President to submit to Congress a report on 
     counternarcotics assistance to the Government of Haiti.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.

         Subtitle D--Miscellaneous Authorities and Limitations

     Provision of Air Force support and services to foreign 
         military and state aircraft (sec. 1031)
       The Senate amendment contained a provision (sec. 1028) that 
     would provide permanent authority for the Secretary of the 
     Air Force to furnish supplies and services to foreign 
     military and other state aircraft.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Department of Defense participation in Strategic Airlift 
         Capability Partnership (sec. 1032)
       The Senate amendment contained a provision (sec. 1029) that 
     would permit the Secretary of Defense to enter into a 
     multilateral memorandum of understanding authorizing the 
     Strategic Airlift Capability Partnership for the purpose of 
     acquiring, operating, and supporting strategic airlift 
     aircraft. The provision would also provide the Secretary of 
     Defense the authority to transfer one strategic airlift 
     aircraft to the Strategic Airlift Capability Partnership.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
       The conferees provide this authority with the expectation 
     that in allocating use of this shared strategic airlift 
     capability, the Partnership will give priority to airlift 
     support for North Atlantic Treaty Organization (NATO) 
     missions.
       The conferees are concerned that they do not have 
     sufficient visibility into the Department of Defense's plans 
     for seeking these kinds of authorities in the future. If the 
     Department is considering other similar multilateral 
     arrangements for the acquisition or operation of aircraft 
     under mutually beneficial relationships with foreign 
     partners, the Department should consider, in consultation 
     with Congress, whether it would be appropriate to develop an 
     overarching legal structure for multilateral procurement and 
     operations and how best to ensure appropriate transparency 
     and congressional oversight.
     Improved authority to provide rewards for assistance in 
         combating terrorism (sec. 1033)
       The House bill contained a provision (sec. 1043) that would 
     amend section 127b of title 10, United States Code, to 
     increase the size of payments allowed under the Department of 
     Defense's combating terrorism rewards program and provide new 
     authority for U.S. Government personnel to provide rewards 
     through government personnel of coalition or partnered 
     nations.
       The Senate amendment contained a similar provision (sec. 
     1021).
       The Senate recedes with an amendment that would: (1) permit 
     the expansion of the authority to cover information provided 
     to allied forces; and, (2) grant the authority for 2 years.
     Support for non-federal development and testing of material 
         for chemical agent defense (sec. 1034)
       The House bill contained a provision (sec. 1045) that would 
     authorize the Secretary of

[[Page H14938]]

     Defense, in coordination with the heads of other elements of 
     the Federal Government, to provide small quantities of toxic 
     chemicals or their precursors to a State or local government, 
     or a private entity incorporated in the United States, for 
     development or testing of material designed to be used for 
     defensive purposes. The provision would require that any such 
     transfer must be consistent with the provisions of the 
     Chemical Weapons Convention, and subject to any terms and 
     conditions required by the Secretary.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary to provide Congress with an annual report 
     describing each use of the authority, including a description 
     of what material was made available and to whom it was made 
     available.
     Prohibition on sale of F-14 fighter aircraft and related 
         parts (sec. 1035)
       The House bill contained a provision (sec. 1049) that would 
     prohibit the Department of Defense from selling F-14 parts to 
     any entity other than a museum or similar organization in the 
     United States acquiring the parts to preserve aircraft for 
     historical purposes. The provision would also prohibit the 
     granting of an export license for any F-14 part.
       The Senate amendment contained a similar provision (sec. 
     1031).
       The House recedes with an amendment that would clarify that 
     this provision applies to F-14 aircraft, parts unique to the 
     F-14 aircraft, and tooling or dies used in the manufacture of 
     F-14s or F-14-unique parts.
       The conferees encourage the Department of Defense to 
     consider destroying F-14s, F-14-unique parts, and the tooling 
     and dies used in the manufacture of F-14s, except as noted in 
     the legislative provision. Any contract for destruction 
     should require the reduction of these items into scrap 
     pieces, thereby rendering the parts and materials useless for 
     the originally intended purpose and incapable of being 
     duplicated, copied, or reverse engineered. If the Department 
     chooses to destroy these items, the Department could then 
     sell the resultant scrap as appropriate.

                          Subtitle E--Reports

     Extension and modification of report relating to hardened and 
         deeply buried targets (sec. 1041)
       The House bill contained a provision (sec. 1031) that would 
     extend the reporting requirement on weapons for hardened and 
     deeply buried targets until 2013, change the nature of the 
     report from an annual report to a biennial report, and modify 
     the scope of the report to cover capabilities to defeat 
     hardened and deeply buried targets rather than just weapons. 
     In addition, the provision would direct that each report 
     cover activities for 4 fiscal years rather than 1 fiscal 
     year.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would retain the 
     requirement to focus on weapons in the report.
     Report on joint modeling and simulation activities (sec. 
         1042)
       The House bill contained a provision (sec. 1033) that would 
     require a report on a national joint modeling and simulation 
     (M&S) development strategy.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would modify the 
     reporting requirements and submission date. The conferees 
     agree to require a report that would include a description of 
     ongoing and planned joint M&S activities and a description of 
     how they support defense missions, strategies, and goals; a 
     description of the M&S capabilities of defense organizations 
     and how they will be modernized or divested over time as 
     appropriate; a description of how non-defense organizations 
     can utilize joint M&S capabilities; budget and resource 
     estimates for the M&S capabilities; and a description of 
     coordination activities between the Department of Defense's 
     M&S activities and other federal, non-federal, and private 
     sector M&S activities.
       Further, the conferees note the promise of M&S to enhance 
     urban operations capabilities. The conferees believe that it 
     is important for the Department to study and understand the 
     effect of warfare and natural disasters on urban environments 
     and to develop M&S capabilities to support consequence 
     management missions in complex urban environments.
     Renewal of submittal of plans for prompt global strike 
         capability (sec. 1043)
       The Senate amendment contained a provision (sec. 1041) that 
     would amend section 1032(b) of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136) 
     to extend the due dates for the annual report on prompt 
     global strike capability through 2009.
       The House bill contained no similar provision.
       The House recedes.
       The conferees note that the report required by section 1032 
     is a broad report covering both global and long-range strike 
     plans as well as prompt global strike.
     Report on workforce required to support the nuclear missions 
         of the Navy and the Department of Energy (sec. 1044)
       The Senate amendment contained a provision (sec. 1045) that 
     would require the Secretary of Defense and the Secretary of 
     Energy to 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 for a 10-year period 
     beginning on the date of the report. The report would be due 
     1 year from the date of enactment of this Act.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Comptroller General report on Defense Finance and Accounting 
         Service response to Butterbaugh v. Department of Justice 
         (sec. 1045)
       The Senate amendment contained a provision (sec. 1046) that 
     would require the Comptroller General of the United States to 
     submit a report to the congressional defense committees 
     assessing the response of the Defense Finance and Accounting 
     Service to the 2003 decision in the case of Butterbaugh v. 
     Department of Justice, 336 F.3d 1332 (Fed. Cir. 2003).
       The House bill contained no similar amendment.
       The House recedes.
     Study on size and mix of airlift force (sec. 1046)
       The Senate amendment contained a provision (sec. 1049) that 
     would require the Secretary of Defense to conduct a study on 
     the size and mix of various 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 the C-17 aircraft fleets.
       The House bill contained no similar provision.
       The House recedes with an amendment that would broaden the 
     review to cover a review of alternatives on the size and mix 
     of intertheater and intratheater airlift assets to meet the 
     national military strategy. The provision would require that 
     the study also evaluate the contribution of both organic and 
     commercial assets, the latter coming primarily from the Civil 
     Reserve Airlift Fleet.
       Within the analysis of the optimal mix of the C-5 and C-17 
     aircraft for the strategic airlift, the conferees expect that 
     the report will:
       (1) Provide a thorough review of an internal Air Force 
     briefing that posited a retirement of 30 C-5A aircraft, and a 
     purchase of 30 more C-17 aircraft, sometimes called the ``30/
     30 Plan.''
       (2) Include a full range of options for making C-5 upgrades 
     and buying additional C-17 aircraft to include doing both 
     (upgrading all C-5s and purchasing more C-17s) and doing 
     neither (upgrading none of the C-5s and buying no more C-
     17s).
     Report on feasibility of establishing a domestic military 
         aviation national training center (sec. 1047)
       The Senate amendment contained a provision (sec. 1096) that 
     would require the Secretary of Defense to submit to the 
     congressional defense committees a report to determine the 
     feasibility of establishing a Border State Aviation Training 
     Center 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.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     require the Secretary of Defense to assess the training 
     requirements associated with a multitude of Guard and reserve 
     missions.
     Limited field user evaluations for combat helmet pad 
         suspension systems (sec. 1048)
       The House bill contained a provision (sec. 234) that would 
     require the Secretary of Defense to carry out a test and 
     evaluation of combat helmet pad suspension systems that meet 
     current military specifications by a certified and qualified 
     independent laboratory as well as an operational user 
     assessment of the qualified pad suspension systems that would 
     consider key parameters of form, fit, function, cost, 
     schedule, performance, and vendor production capacity.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would authorize 
     the use of funds from the Operation and Maintenance, Army 
     appropriation and would change the required test to a limited 
     field user evaluation that compares form, fit, and function 
     among the several pad suspension systems that are already 
     qualified as part of combat helmet procurement for the 
     military services.
       The conferees note that the Army and Marine Corps have 
     recently increased the technical performance standards of the 
     combat helmet system to improve protection against blunt 
     trauma and non-ballistic impacts in order to further reduce 
     risk of traumatic brain injury. Pad suspension systems are a 
     critical feature of the combat helmet related to this 
     protection. The conferees also note anecdotal evidence that 
     pad suspension systems vary with respect to comfort and 
     function while worn that could influence service members' 
     wearing habits. A limited field user evaluation would provide 
     the Army and Marine Corps with valuable feedback on the 
     different pad systems' relative advantages and disadvantages 
     beyond their technical performance specifications and 
     capability.
     Study on national security interagency system (sec. 1049)
       The House bill contained a provision (sec. 954) that would 
     authorize the Secretary of

[[Page H14939]]

     Defense to enter into an agreement with an independent, 
     nonpartisan, nonprofit organization to conduct a study on the 
     national security interagency system.
       The Senate amendment contained a similar provision (sec. 
     1043) that would require the Secretary to enter into an 
     agreement for such a study.
       The House recedes with an amendment that would require the 
     Secretary of Defense to enter into an agreement for the study 
     within 30 days of enactment of this Act, eliminate the 
     requirement that the organization conducting the study secure 
     matching funds from private sources, and set a reporting 
     deadline of September 1, 2008.
       The conferees believe that the interagency coordination and 
     integration of the United States Government for the training 
     for, planning of, support for, and execution of overseas 
     post-conflict contingency relief and reconstruction 
     operations requires reform and that recent operations, most 
     notably in Iraq, lacked the necessary consistent and 
     effective interagency coordination and integration in 
     planning and execution. As a result, the conferees note that 
     the study conducted under the authority of this section 
     should include, but not be limited to, the following 
     elements: a synthesis of past studies evaluating the 
     successes and failures of previous interagency efforts at 
     training for, planning, and executing post-conflict 
     contingency relief and reconstruction operations, including 
     relief and reconstruction operations in Iraq; an analysis of 
     the division of authorities, duties, responsibilities, 
     functions, and resources among executive branch agencies for 
     such operations and recommendations for administrative and 
     regulatory changes to enhance integration to include planning 
     capabilities, personnel policies and systems, information-
     sharing policies and systems, and acquisition authorities; 
     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; and recommendations for improvements in 
     congressional, executive, and other oversight structures and 
     procedures that would enhance accountability within such 
     operations.
     Report on solid rocket motor industrial base (sec. 1050)
       The Senate amendment contained a provision (sec. 1086) that 
     would direct the Secretary of Defense to submit a report to 
     the congressional defense committees on the status, 
     viability, and capacity of the solid rocket motor industrial 
     base. The provision would also direct the Comptroller General 
     of the United States to assess the report and set forth the 
     Comptroller General's assessment of the matters contained in 
     the report.
       The House bill contained no similar provision.
       The House recedes with an amendment that would delete the 
     requirement for the Comptroller General to assess the matters 
     in the report submitted by the Secretary of Defense and make 
     clarifications in elements of the reporting requirement.
       The conferees believe that the congressional defense 
     committees should first receive and review the report 
     submitted by the Secretary of Defense and make a 
     determination at that time if there is a need for the 
     Comptroller to review the report.
     Reports on establishment of a memorial for members of the 
         Armed Forces who died in the air crash in Bakers Creek, 
         Australia, and establishment of other memorials in 
         Arlington National Cemetery (sec. 1051)
       The House bill included a provision (sec. 1055) that would 
     express the sense of Congress that an appropriate site in 
     Arlington National Cemetery (ANC) should be provided for a 
     memorial marker to honor the memory of the 40 members of the 
     Armed Forces of the United States who lost their lives in the 
     air crash at Bakers Creek, Australia, on June 14, 1943.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of the Army, not later than April 1, 2008, to 
     submit a report on locations outside of ANC that would serve 
     as a suitable site for the establishment of a memorial to 
     these service members. The amendment would also require the 
     Secretary of the Army to provide a report and, if needed, 
     proposed legislation by April 1, 2008, that would implement 
     the Secretary's recommendations regarding the construction of 
     new memorials or monuments at ANC.

                       Subtitle F--Other Matters

     Reimbursement for National Guard support provided to federal 
         agencies (sec. 1061)
       The House bill contained a provision (sec. 1042) that would 
     amend chapter 1 of title 32, United States Code, to authorize 
     the Governor of a State to employ units or members of the 
     National Guard of that State to provide defense support of 
     civil authorities when requested by a federal department or 
     agency and authorized by the Secretary of Defense, and would 
     require the Department of Defense to be reimbursed for costs 
     incurred unless waived by the Secretary of Defense.
       The Senate amendment contained a provision (sec. 352) that 
     would amend section 377 of title 10, United States Code, to 
     require federal agencies that receive law enforcement support 
     or support to a national special security event provided by 
     National Guard personnel under section 502(f) of title 32, 
     United States Code, to reimburse the Department of Defense 
     for the costs of that support.
       The House recedes with a clarifying amendment that would 
     authorize the Secretary of Defense to waive the requirement 
     for reimbursement if the support is provided in the normal 
     course of military training or operations or results in a 
     benefit substantially equivalent to the benefit that would 
     otherwise be obtained from military operations or training.
     Congressional commission on the strategic posture of the 
         United States (sec. 1062)
       The House bill contained a provision (sec. 1046) that would 
     establish a 12 member congressional commission on the 
     strategic posture of the United States to examine and make 
     recommendations with respect to the long-term strategic 
     posture of the United States. The review and assessment to be 
     conducted by the commission would include a threat 
     assessment, a detailed review of nuclear weapons policy and 
     strategy of the United States, and recommendations as to the 
     most appropriate strategic posture and most effective nuclear 
     weapons strategy. The commission's report would be due to 
     Congress and the Executive Branch no later than December 1, 
     2008. The term of the commission would expire on June 1, 
     2009. In addition, the provision would repeal section 1051 of 
     the National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163).
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would clarify 
     that the vice chairman of the commission would be jointly 
     appointed by the ranking minority members of the Committees 
     on Armed Services of the House of Representatives and the 
     Senate. In addition, the amendment would clarify that the 
     commission should look at a non-nuclear alternatives to 
     nuclear weapons and systems in making recommendations with 
     respect to the most appropriate strategic posture and most 
     effective nuclear weapons policies of the United States.
       The conferees urge the commission to look at the strategic 
     posture of the United States in the broadest sense. Strategic 
     policy and posture is not synonymous with nuclear policy. 
     Conventional force structures, as well as nuclear force 
     structures, must be included in the overall review and 
     assessment of the strategic posture of the United States.
       In addition, the conferees believe that many of the nuclear 
     missions of the United States could be served by non-nuclear, 
     conventional systems. In their examination of the strategic 
     posture of the United States, the conferees expect the 
     commission to look not only at nuclear capabilities, but at 
     the full array of non-nuclear capabilities, including kinetic 
     and non-kinetic capabilities.
       The conferees have included a separate provision addressing 
     the repeal of section 1051 of the National Defense 
     Authorization Act for Fiscal Year 2006 elsewhere in this Act.
     Technical and clerical amendments (sec. 1063)
       The House bill contained a provision (sec. 1047) that would 
     make technical and clerical amendments to various provisions 
     of law.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would make 
     additional technical and clerical amendments.
     Repeal of certification requirement (sec. 1064)
       The House bill contained a provision (sec. 1048) that would 
     repeal the certification requirement regarding an airport in 
     Illinois contained in section 1063 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163).
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Maintenance of capability for space-based nuclear detection 
         (sec. 1065)
       The House bill contained a provision (sec. 1050) that would 
     require the Secretary of Defense to maintain the capability 
     for space-based nuclear detection at a level that meets or 
     exceeds the current level of capability.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Sense of Congress regarding detainees at Naval Station, 
         Guantanamo Bay, Cuba (sec. 1066)
       The House bill contained a provision (sec. 1053) that would 
     express the sense of Congress that: (1) the Nation extends 
     its gratitude to the military personnel at Naval Station, 
     Guantanamo Bay, Cuba; (2) the international community should 
     work with the Department of Defense to facilitate and 
     expedite the repatriation of detainees at Guantanamo; (3) 
     Guantanamo detainees, to the maximum extent possible, should 
     be charged and expeditiously prosecuted; and (4) operations 
     at Guantanamo should be conducted in a way that upholds the 
     U.S. national interest and the American people's core values.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
     A report on transferring individuals detained at Naval 
         Station, Guantanamo Bay, Cuba (sec. 1067)
       The House bill contained a provision (sec. 1057) that would 
     require the Secretary of Defense to report to the 
     congressional defense committees on the Secretary's plans for 
     each detainee currently held by the Joint Task

[[Page H14940]]

     Force Guantanamo at Guantanamo Bay, Cuba.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
     Repeal of provisions in section 1076 of Public Law 109-364 
         relating to use of Armed Forces in major public 
         emergencies (sec. 1068)
       The House bill contained a provision (sec. 1054) that would 
     repeal section 1076 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364) 
     and revive the provisions of sections 333 and 12304(c) of 
     title 10, United States Code, as they were in effect prior to 
     the effective date of that Act, and repeal section 2567 of 
     title 10.
       The Senate amendment contained a similar provision (sec. 
     1022).
       The Senate recedes.
     Standards required for entry to military installations in 
         United States (sec. 1069)
       The House bill contained a provision (sec. 1056) that would 
     prohibit any unescorted civilian from entering a military 
     installation or facility unless a background investigation 
     has been conducted on such individual.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense to establish standards for access to 
     military installations, including screening standards 
     appropriate to the type of installation, security level, 
     category of individual seeking access, and level of access 
     granted.
       The conferees recognize that commanders of military 
     installations must balance security concerns with the need to 
     maintain rapid access to the installations for Department of 
     Defense personnel, employees, and other authorized visitors, 
     including commercial vendors. While commanders are in the 
     best position to assess and respond to local threat 
     conditions, the conferees believe that the Secretary should 
     establish standards to assist military commanders in taking 
     such actions.
       The conferees believe the Secretary should work toward 
     fielding Department-wide technologies that will allow base 
     commanders to check installation visitors against an updated 
     database containing relevant information provided by the 
     Federal Bureau of Investigation, the terrorist watch list, 
     and other pertinent law enforcement records. The conferees 
     understand that technology has been developed and fielded at 
     several military installations that will identify individuals 
     with outstanding warrants for their arrest, felony 
     convictions, and similar issues. Further, the conferees 
     understand that available commercial technology may be able 
     to perform instant background checks in fewer than 10 seconds 
     per individual, be deployed at multiple military entry 
     control points, and record entry information into an 
     electronic log. The conferees direct the Secretary to give 
     full consideration to the availability of such technologies 
     in developing standards under this provision.
       The conferees believe that base security is a government 
     responsibility and that, for that reason, identity checks 
     should be carried out at no cost to vendors or other visitors 
     to military installations.
     Revised nuclear posture review (sec. 1070)
       The Senate amendment contained a provision (sec. 1061) that 
     would require the Secretary of Defense to 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. The review would be 
     submitted concurrently with the quadrennial defense review 
     required to be submitted under section 118 of title 10, 
     United States Code.
       The House bill contained no similar provision.
       The House recedes.
     Termination of Commission on the Implementation of the New 
         Strategic Posture of the United States (sec. 1071)
       The Senate amendment contained a provision (sec. 1062) that 
     would repeal section 1051 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163), 
     (2006 NDAA), which established a Commission on the 
     Implementation of the New Strategic Posture of the United 
     States.
       The House bill contained a provision (sec. 1046) that would 
     establish a congressional Commission on the Strategic Posture 
     of the United States. Section 1046(h) would also repeal 
     section 1051 of the 2006 NDAA. Section 1062 in the Senate 
     amendment and section 1046(h) of the House bill are 
     identical.
       The conference agreement includes this provision.
     Security clearances; limitations (sec. 1072)
       The Senate amendment contained a provision (sec. 1064) that 
     would: (1) repeal section 986 of title 10, United States 
     Code, which establishes mandatory standards for the 
     disqualification of individuals from the issuance of security 
     clearances; (2) substitute a new government-wide provision 
     establishing standards for such disqualifications; and (3) 
     increase the flexibility available to executive branch 
     officials in administering these standards.
       The House bill contained no similar provision.
       The House recedes with an amendment that would provide 
     agency heads the same flexibility with regard to individuals 
     who are determined to be mentally incompetent that the Senate 
     bill would provide with regard to individuals who have been 
     convicted of crimes or discharged from the Armed Forces under 
     dishonorable conditions. This change should address concerns 
     about the potential disqualification of disabled individuals 
     working for the Federal Government under the Javits Wagner 
     O'Day (JWOD) Act, section 48 of title 41, United States Code.
       The conferees understand that under current law and 
     Department of Defense practice, if an individual who posesses 
     a security clearance cannot meet the statutory criteria, the 
     security clearance is revoked pending a waiver decision. 
     Unless a position can be identified that does not require a 
     security clearance during the waiver process, the individual 
     cannot work and is separated.
       The conferees direct the Secretary of Defense and other 
     agency heads to implement the new provision in a manner that 
     does not result in the unnecessary loss of employment to 
     individuals during the waiver process. A current employee who 
     has received a clearance, and may even have undergone 
     subsequent reinvestigation and renewal, should not be 
     separated simply because he or she must now undergo a waiver 
     process. Such uninterrupted employment may be particularly 
     important in the case of disabled individuals working for the 
     Federal Government under the JWOD Act. The conferees agree 
     that the Department of Defense has a commendable track record 
     of employing the disabled and that this provision should not 
     be applied in a manner that would undermine that record.
     Improvements in the process for the issuance of security 
         clearances (sec. 1073)
       The Senate amendment contained a provision (sec. 1065) that 
     would require the Secretary of Defense and the Director of 
     National Intelligence to conduct a demonstration project 
     using new and innovative approaches to improve the processing 
     of requests for security clearances.
       The House bill contained no similar provision.
       The House recedes.
       The conferees are encouraged that the Secretary and the 
     Director have designated the United States Air Force to lead 
     a task force that will review initiatives to develop a 
     process to deliver high-assurance security clearance 
     determinations in a shorter period of time. The Air Force 
     expects to have a new system in place by December 31, 2008. 
     The conferees note that improving the clearance process is 
     critical to our national security.
     Protection of certain individuals (sec. 1074)
       The Senate amendment contained a provision (sec. 1075) that 
     would authorize the Secretary of Defense to provide physical 
     protection and personal security within the United States to 
     certain persons.
       The House bill contained no similar provision.
       The House recedes with an amendment that would modify the 
     application of the provision to former or retired officials 
     of the Department of Defense and foreign visitors to the 
     United States, require the Secretary to provide additional 
     information to the congressional defense committees, and make 
     additional clarifying changes.
     Modification of authorities on Commission to Assess the 
         Threat to the United States from Electromagnetic Pulse 
         Attack (sec. 1075)
       The Senate amendment contained a provision (sec. 1076) that 
     would extend the due date of the final report of the 
     Commission to Assess the Threat to the United States from 
     Electromagnetic Pulse Attack (EMP) to November 30, 2008. The 
     provision would also direct the Commission and the Secretary 
     of Homeland Security to ensure that the work of the 
     Commission with respect to EMP attacks on electricity 
     infrastructure is coordinated with the infrastructure 
     protection work of the Department of Homeland Security. The 
     provision would also provide that the amount of funds 
     provided to the Commission to prepare and submit the final 
     report shall not exceed $5.6 million.
       The House bill contained no similar provision.
       The House recedes.
       The conferees note that the $5.6 million is in addition to 
     funding previously provided to the Commission. This is the 
     second deadline extension granted to the Commission for 
     delivery of a final report. The conferees urge the Commission 
     to submit its final report by the November 30, 2008 deadline.
     Sense of Congress on Small Business Innovation Research 
         program (sec. 1076)
       The Senate amendment contained a provision (sec. 1088) that 
     would reauthorize the Small Business Innovation Research 
     program for an additional 2 years.
       The House bill contained no similar provision.
       The House recedes with an amendment that would eliminate 
     the reauthorization of the program, and include a sense of 
     Congress expressing views on the value of the program to the 
     Department of Defense and on the need to reauthorize the 
     program to ensure its seamless execution.
     Revision of proficiency flying definition (sec. 1077)
       The House bill contained a provision (sec. 1044) that would 
     modify the definition of proficiency flying within the 
     Department of Defense (DOD).
       The Senate amendment contained no similar provision.
       The Senate recedes.

[[Page H14941]]

       The conferees do not intend this language to prohibit the 
     Department from cancelling outdated guidance on flying 
     proficiency and its related elements for participating rated 
     personnel, and believe the Department should proceed with 
     cancelling DOD Directive 1340.4, dated July 17, 1972.
     Qualifications for public aircraft status of aircraft under 
         contract with the Armed Forces (sec. 1078)
       The Senate amendment contained a provision (sec. 1070) that 
     would provide the Secretary of Defense the flexibility to 
     determine whether an operational support mission can be 
     conducted as a civil operation in compliance with the Federal 
     Aviation Regulations. The Secretary of Defense would have the 
     authority to determine whether a chartered aircraft 
     performing operational support missions is performing a civil 
     or public aircraft operation.
       The House bill contained no similar provision.
       The House recedes with an amendment that would further 
     clarify the definition of ``public aircraft,'' such that the 
     term `other commercial air service' would be limited to an 
     aircraft operation that:
       (1) is within the United States territorial airspace;
       (2) the Administrator of the Federal Aviation 
     Administration determines is available for compensation or 
     hire to the public; and
       (3) must comply with all applicable civil aircraft rules 
     under title 14, Code of Federal Regulations.
     Communications with the Committees on Armed Services of the 
         Senate and the House of Representatives (sec. 1079)
       The Senate amendment contained a provision (sec. 1063) that 
     would require that offices within the intelligence community 
     respond to requests by the Committees on Armed Services of 
     the Senate and the House of Representatives for intelligence 
     assessments, reports, estimates, legal opinions, or other 
     information within 15 days, unless the President were to 
     certify that he was asserting privilege pursuant to the 
     Constitution of the United States. The provision would also 
     require that intelligence officials be able to provide 
     testimony before these committees without having to seek 
     approval or clearance of such testimony as a way of ensuring 
     that Congress receives the independent views of such 
     officials.
       The House bill contained no similar provision.
       The House recedes with an amendment that would make several 
     changes:
       (1) The provision would exclude ``other information'' to 
     make it clear that the requests would be for existing 
     assessments, reports, estimates, or legal opinions;
       (2) The provision would require that the request be in 
     writing from the Chair or Ranking Member of the committee;
       (3) The time limit for providing the information would be 
     extended to 45 days;
       (4) Any decision of the President to assert privilege would 
     have to be conveyed to Congress in writing by the Counsel to 
     the President; and
       (5) The requirements regarding review of testimony would be 
     deleted.
     Retention of reimbursement for provision of reciprocal fire 
         protection services (sec. 1080)
       The Senate amendment contained a provision (sec. 1090) that 
     would permit Department of Defense entities that provide fire 
     protection services to local entities to retain the proceeds 
     of any reimbursement for such services.
       The House bill contained no similar provision.
       The House recedes.
     Pilot program on commercial fee-for-service air refueling 
         support for the Air Force (sec. 1081)
       The Senate amendment contained a provision (sec. 1094) that 
     would require the Secretary of the Air Force to conduct a 
     pilot program to assess the feasibility and advisability of 
     utilizing commercial fee-for-service air refueling tanker 
     aircraft for Air Force operations.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 
     the pilot program, but would not mandate the scope or scale 
     of the program and would add an annual reporting requirement 
     by the Air Force, along with reviews by the Comptroller 
     General.
       The conferees support the timely modernization of the Air 
     Force aerial refueling tanker fleet. In furtherance of this, 
     the Secretary of the Air Force initiated, and Congress 
     approves of, a comprehensive strategy for replacing the 
     aerial refueling tanker aircraft fleet, which includes the 
     following elements:
       (1) 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;
       (2) sustainment and extension of the legacy tanker aircraft 
     fleet until replacement through depot-type modifications and 
     upgrades of KC-135R and KC-10 aircraft; and
       (3) augmentation of the aerial refueling capability through 
     aerial refueling fee-for-service.
       The conferees note that several studies have been conducted 
     that indicate a potential for cost savings and other benefits 
     of a fee-for-service air refueling program. Executing a pilot 
     program for fee-for-service air refueling should be given 
     full and fair consideration in order to test the costs, 
     benefits, and appropriateness of such actions. To ensure the 
     viability of such a program, it should be based on an 
     appropriate business model, utilizing sufficient aircraft and 
     flying hours to support a program that will meet the needs 
     and best interests of the Air Force to meet air refueling 
     requirements. The conferees direct that the pilot program be 
     enacted as soon as practicable, and be incorporated into the 
     operations of the Air Mobility Command.
     Advisory panel on Department of Defense capabilities for 
         support of civil authorities after certain incidents 
         (sec. 1082)
       The Senate amendment contained a provision (sec. 1066) that 
     would establish an advisory panel to assess and make 
     recommendations on Department of Defense capabilities to 
     support civil authorities in the event of a chemical, 
     biological, radiological, nuclear, or high-yield explosive 
     incident.
       The House bill contained no similar provision.
       The House recedes with an amendment that would add a 
     requirement for the advisory panel to assess and make 
     recommendations on whether there should be additional Weapons 
     of Mass Destruction Civil Support Teams (WMD-CSTs) and, if 
     so, how many and where they should be located. It would also 
     require the advisory panel to assess and make recommendations 
     on what criteria and considerations are appropriate for 
     determining whether additional WMD-CSTs are needed and, if 
     so, where they should be located.
     Terrorism exception to immunity (sec. 1083)
       The Senate amendment contained a provision (sec. 1087) that 
     would amend the Foreign Sovereign Immunities Act (FSIA) to 
     allow victims of terrorism to seek redress in U.S. courts 
     against foreign states that commit or provide material 
     support to acts of terrorism, by clarifying subject matter 
     jurisdiction over these claims and establishing a private 
     cause of action under the exception for state sponsors of 
     terrorism to sovereign immunity.
       The provision would consolidate provisions relating to the 
     exception to sovereign immunity for state sponsors of 
     terrorism in a new section 1605A to the FSIA, and repeal the 
     previous exception set out in section 1605(a)(7). The 
     provision would permit claims to be brought for money 
     damages, including punitive damages, against a foreign state 
     designated as a state sponsor of terrorism, for acts of 
     torture, extrajudicial killing, aircraft sabotage, hostage 
     taking, or providing material support or resources for these 
     acts, committed by any official, employee, or agent of that 
     state acting within the scope of his or her office, 
     employment, or agency. The provision would also expand the 
     ability of claimants to seek recourse against the property of 
     that foreign state, both by permitting a lien to be placed on 
     the foreign state's property during litigation and, once a 
     judgment has been obtained, by permitting any property in 
     which the foreign state has a beneficial ownership to be 
     subject to execution of that judgment. The provision would 
     allow any case previously brought under the state sponsor of 
     terrorism exception to the FSIA under section 1605(a)(7), or 
     under section 101(c) of Public Law 104-208, and which is 
     still before a court, to be refiled as if the original claim 
     had been filed under the provisions of this section.
       The House bill contained no similar provision.
       The House recedes with an amendment that would establish a 
     private cause of action under the state sponsor of terrorism 
     exception to the FSIA. Courts would have jurisdiction to hear 
     a claim brought against a foreign state that was designated 
     as a state sponsor of terrorism at the time of the terrorist 
     act, or was so designated as a result of the act, and which 
     remains designated as a state sponsor of terrorism at the 
     time a claim is filed. Claims brought prior to the enactment 
     of this Act against a foreign state that at the time was 
     designated as a state sponsor of terrorism, or an action 
     related to such a claim, would still be heard under this 
     section. The conferees intend that the amendments made under 
     this section shall apply to any claim filed or refiled under 
     the new section 1605A of the FSIA, and any execution or 
     attachment in aid of execution of a judgment relating to such 
     a claim under section 1610(g) of the FSIA.
       The provision would also provide for courts to hear a claim 
     under this section if the terrorist act is related to Case 
     Number 1:00CV03110 (EGS) in the United States District Court 
     for the District of Columbia. The conferees intend that 
     nothing in this section would prejudice the claimants or 
     their representatives in that case.
       The provision would allow claimants to establish a lien of 
     lis pendens, upon the filing of a notice that an action is 
     pending, on a foreign state's real property or tangible 
     personal property that is subject to execution or attachment 
     in aid of execution under the FSIA. The conferees intend that 
     property used for purposes of maintaining a diplomatic or 
     consular mission or the residence of the Chief of Mission, 
     which is not subject to execution or attachment in aid of 
     execution of a judgment, should not be subject to a lien of 
     lis pendens under this provision.
       The provision would also give claimants who obtain a 
     judgment against a foreign state recourse to property of the 
     foreign state in execution or attachment in aid of

[[Page H14942]]

     execution of the judgment. While the provision is written to 
     subject any property interest in which the foreign state 
     enjoys a beneficial ownership to attachment and execution, 
     the provision would not supersede the court's authority to 
     appropriately prevent impairment of interests in property 
     held by other persons who are not liable to the claimants in 
     connection with the terrorist act. The court would fully 
     retain its authority to take whatever steps it finds 
     warranted to preserve the value of an ongoing business 
     enterprise in which a third party may be a joint venture 
     partner, for example. The conferees encourage the courts to 
     protect the property interests of such innocent third parties 
     by using their inherent authority, on a case-by-case basis, 
     under the applicable procedures governing execution on 
     judgment and attachment in anticipation of judgment.
       The provision would further provide that a foreign state's 
     property would not be immune from execution upon a judgment 
     due to the property being regulated by the United States 
     Government under the Trading With the Enemy Act or the 
     International Emergency Economic Powers Act due to the 
     sovereign immunity of the United States.
       The provision would clarify that nothing in section 1503 of 
     the Emergency Supplemental Appropriations Act, 2003 (Public 
     Law 108-11) has ever authorized making any provision of the 
     Foreign Sovereign Immunities Act inapplicable, or the removal 
     of the jurisdiction of any court of the United States. The 
     conferees stress that this provision should not be construed 
     in any way as support for the use of United States 
     appropriated funds to satisfy a claim brought under this 
     section.

                   Legislative Provisions Not Adopted

     Hate crimes
       The Senate amendment contained a provision (sec. 1023) that 
     would address hate crimes.
       The House bill contained no similar provision.
       The Senate recedes.
     Comprehensive study and support for criminal investigations 
         and prosecutions by State and local law enforcement 
         officials
       The Senate amendment contained a provision (sec. 1024) that 
     would require a comprehensive study and support for certain 
     criminal investigations and prosecutions by State and local 
     law enforcement officials.
       The House bill contained no similar provision.
       The Senate recedes.
     Extension of period for transfer of funds to Foreign Currency 
         Fluctuations, Defense account
       The Senate amendment contained a provision (sec. 1007) that 
     would extend from 2 to 4 fiscal years the length of time 
     after the end of the period of availability of obligation in 
     which funds can be transferred back to the ``Foreign Currency 
     Fluctuations, Defense'' (FCFD) appropriation account to 
     offset losses caused by fluctuations in foreign currency 
     exchange rates.
       The House bill contained no similar provision.
       The Senate recedes.
     Minimum annual purchase amounts for airlift from carriers 
         participating in the Civil Reserve Air Fleet
       The Senate amendment contained a provision (sec. 1027) that 
     would allow the Department of Defense to guarantee higher 
     minimum levels of business for all air carriers participating 
     in the Civil Reserve Air Fleet (CRAF) program of up to 80 
     percent of the average annual expenditure of the Department 
     of Defense for airlift during the preceding 5 years.
       The House bill contained no similar provision.
       The Senate recedes.
       The voluntary agreements between the U.S. Government and 
     the commercial air carriers in the CRAF program provide the 
     Nation with a large reserve of airlift capacity to move 
     troops and cargo within a few hours of activation. The 
     conferees recognize the importance of the CRAF program to the 
     national military strategy since the overall airlift 
     capability of the Department of Defense depends on a 
     significant contribution by the CRAF program.
       Therefore, the conferees fully support the CRAF program. 
     The conferees also recognize that there may be problems for 
     CRAF participants when airlift demands shift from wartime to 
     peacetime levels. However, the conferees agree that, before 
     establishing any type of assured business model, a full 
     assessment of the CRAF program should be performed. The 
     conferees have adopted a provision in title III of this Act 
     directing such an assessment. The conferees expect that the 
     Department's assessment will provide the analysis necessary 
     to guide any changes to current relationships with the CRAF 
     participants.
     Comptroller General review of the Joint Improvised Explosive 
         Device Defeat Organization
       The House bill contained a provision (sec. 1032) that would 
     require the Comptroller General to conduct a review of the 
     Joint Improvised Explosive Device Defeat Organization 
     (JIEDDO)
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees direct the Comptroller General to provide the 
     congressional defense committees, not later than 180 days 
     after the date of the enactment of this Act, with an 
     assessment of the JIEDDO to include the following items: (1) 
     the tools and processes in place to enable the Organization 
     to determine the appropriateness and efficacy of its efforts 
     to achieve its mission, including strategy, plans, 
     technologies developed, and programs funded; (2) the process 
     used by the Organization to select appropriate and effective 
     technologies and other solutions to achieve its mission; (3) 
     the ability of the Organization to respond to rapidly 
     changing threats and to anticipate future threats; (4) the 
     performance of the Organization in leading, advocating, and 
     coordinating all of the activities of the Department of 
     Defense to defeat improvised explosive devices and an 
     assessment of the Organization's authority to do so; (5) the 
     efforts of the Organization to target enemy networks and how 
     the Organization is leveraging and coordinating such efforts 
     with the efforts of other elements of the Department and 
     other elements of the United States Government; (6) the 
     feedback from the warfighter with respect to the efforts of 
     the Organization; (7) the oversight and direction over the 
     activities of the Organization by the Office of the Secretary 
     of Defense; and (8) other matters as appropriate.
       The conferees remain concerned about the effectiveness of 
     JIEDDO and its ability to effectively coordinate the 
     Department's and intelligence community's response to the 
     improvised explosive device and asymmetric threats faced by 
     the warfighter in Iraq and Afghanistan.
     Commercial aviation technologies
       The House bill contained a provision (sec. 1035) that would 
     require the Secretary of Defense to conduct a study to 
     examine the methods by which air carriers and aviation 
     technology companies research, develop, and deploy commercial 
     aviation technologies.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees note that the Department of Defense provides 
     substantial funding for independent research and development 
     conducted by major aerospace contractors. Contractors 
     leverage this investment to advance aviation technology that 
     is useful for both commercial and defense purposes. In 
     addition, the Department routinely leverages its science and 
     technology budget to take advantage of promising technologies 
     developed in the commercial sector. This effort is furthered 
     by the National Aeronautics Research and Development policy, 
     issued in December 2006, which provides improved coordination 
     for aeronautics research and development across the Federal 
     Government. The conferees applaud these efforts and encourage 
     the Department to continue to seek opportunities to improve 
     synergy in the development of military and commercial 
     aviation technologies.
     Review of Department of Defense procedures to classify excess 
         defense articles and defense services with military 
         technology components
       The House bill contained a provision (sec. 1036) that would 
     require the Secretary of Defense, with the concurrence of the 
     Secretary of State, to conduct a review of, and report on: 
     (1) the procedures by which the Department of Defense 
     classifies defense articles and defense services with 
     military technology components as excess to the needs of the 
     Department; and, (2) the extent to which any of the 
     classification procedures led to the transfer of defense 
     article or services with military technology components to 
     terrorists or unfriendly states or groups.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees urge the Department to take all measures 
     necessary to ensure adequate controls over surplus defense 
     materials.
     Additional Weapons of Mass Destruction Civil Support Teams
       The House bill contained a provision (sec. 1051) that would 
     authorize two additional Weapons of Mass Destruction Civil 
     Support Teams.
       The Senate amendment contained no similar provision.
       The House recedes.
     Study and report on use of power management software
       The House bill contained a provision (sec. 1058) that would 
     require a report on the use of power management software.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees recommend that the Secretary of Defense 
     undertake an analysis of the cost and environmental benefits 
     of adopting energy efficient information technologies and 
     computing practices, including, but not limited to, energy-
     efficient data centers, servers and workstations; power 
     management software for computers and monitors; and 
     telecommuting for appropriate personnel. The conferees 
     further recommend that the Secretary of Defense keep Congress 
     and the public aware of progress to achieve these potential 
     energy savings and environmental benefits and of 
     opportunities for industry and academia to support efforts in 
     this area.
     Establishment of National Foreign Language Coordination 
         Council
       The Senate amendment contained a provision (sec. 1069) that 
     would establish a National Foreign Language Coordination 
     Council to develop and monitor the implementation of a 
     comprehensive national foreign language strategy.

[[Page H14943]]

       The House bill contained no similar provision.
       The Senate recedes.
       The conferees direct the President to report to the 
     conferees, no later than 90 days after the enactment of this 
     Act, on the extent to which the executive branch has 
     developed a strategy for developing foreign language 
     capability in the United States, and a plan for implementing 
     it. The report should also contain a description of the goals 
     and achievements of the National Security Language 
     Initiative, and indicate what additional steps, if any, the 
     President intends to take to address the need for greater 
     foreign language capability in the United States. The 
     conferees expect that the report will include a description 
     of any additional authorities that the executive branch would 
     require from Congress in order to implement future plans.
     Grant of federal charter to Korean War Veterans Association, 
         Incorporated
       The Senate amendment contained a provision (sec. 1078) that 
     would amend part B of subtitle II of title 36, United States 
     Code, to grant a federal charter to the Korean War Veterans 
     Association, Incorporated.
       The House bill contained no similar provision.
       The Senate recedes.
     Sense of Senate on General David Petraeus
       The Senate amendment contained a provision (sec. 1079) 
     expressing that it is the sense of the Senate 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; 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 to 
     specifically repudiate the unwarranted personal attack on 
     General Petraeus by the liberal activist group Moveon.org.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that a similar provision was contained 
     in House Joint Resolution 52, making continuing 
     appropriations for fiscal year 2008, which was subsequently 
     passed by the Senate without amendment and signed into law by 
     the President as Public Law 110-92 on September 29, 2007.
     Sense of Congress on equipment for the National Guard to 
         defend the homeland
       The Senate amendment contained a provision (sec. 1081) that 
     would express the sense of Congress that the National Guard 
     should have sufficient equipment available to accomplish 
     their missions inside the United States and defend the 
     homeland.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees remain concerned that the overall readiness 
     of the National Guard to respond to domestic emergencies has 
     been undermined by equipment shortages resulting from 
     inadequate funding and extended commitments to operations in 
     Iraq and Afghanistan. Equipment shortages and poor existing 
     equipment readiness increases the risk for States that Guard 
     units will not have the necessary equipment on-hand and fully 
     operational to meet the mission requirements of homeland 
     defense, domestic support, crisis response, and consequence 
     management. The conferees are aware that the Army National 
     Guard has only 40 percent of its required equipment in the 
     United States; and, that the Chief, National Guard Bureau has 
     submitted to Congress a fiscal year 2008 unfunded equipment 
     list of $2.0 billion.
       The conferees recommend elsewhere in this report provisions 
     that would authorize appropriation of an additional $980.0 
     million for the procurement of high-priority equipment to 
     address National Guard and reserve component unfunded 
     shortfalls. These additional funds would procure items 
     particularly relevant and necessary to the National Guard's 
     domestic support missions, such as aircraft, wheeled and 
     tracked combat vehicles, tactical wheeled vehicles, 
     communications equipment, ammunition, and other weapons.
       The conferees also expect that the Secretary of Defense 
     will take the actions necessary, including determination of 
     requirements and prioritization of equipment repair, 
     procurement, and fielding, to improve National Guard 
     readiness for its domestic support missions and reduce risks 
     to public safety within the United States.
     Sense of the Senate on Air Force use of towbarless aircraft 
         ground equipment
       The Senate amendment contained a provision (sec. 1083) that 
     would express the sense of Senate encouraging the Air Force 
     to consider towbarless ground support equipment for towing 
     aircraft.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note the potential operational utility, cost 
     savings, and increased safety afforded by the utilization of 
     towbarless aircraft ground equipment, and encourage the Air 
     Force to consider their use.
     Designation of Charlie Norwood Department of Veterans Affairs 
         Medical Center
       The Senate amendment contained a provision (sec. 1084) that 
     would designate the Department of Veterans Affairs Medical 
     Center in Augusta, Georgia as the ``Charlie Norwood 
     Department of Veterans Affairs Medical Center''.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that separate legislation making this 
     designation was signed into law (Public Law 110-112) on 
     November 8, 2007.
     Commercialization pilot program
       The Senate amendment contained a provision (sec. 1085) that 
     would extend the Small Business Innovation Research (SBIR) 
     program commercialization pilot program that was originally 
     established by section 252 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163), 
     that would authorize the Secretary of Defense to establish 
     insertion incentives for SBIR technologies; and would 
     authorize the Secretary of Defense to establish goals for the 
     insertion of SBIR technologies into programs of record or 
     fielded systems.
       The House bill contained no similar provision.
       The Senate recedes.
     National center for human performance
       The Senate amendment contained a provision (sec. 1091) that 
     would designate a scientific institute at the Texas Medical 
     Center as the National Center for Human Performance.
       The House bill contained no similar provision.
       The Senate recedes.
     Veteran small business
       The Senate amendment contained a division (Division D) that 
     would provide for the Small Business Administration to 
     provide assistance to military reservist and veteran small 
     business.
       The House bill contained no similar provision.
       The Senate recedes.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

     Extension of authority to waive annual limitation on total 
         compensation paid to federal civilian employees working 
         overseas under areas of United States Central Command 
         (sec. 1101)
       The Senate amendment contained a provision (sec. 1105) that 
     would authorize the head of an executive agency to waive 
     limitations on total compensation to an employee who performs 
     certain work while in an overseas location within the area of 
     responsibility of the United States Central Command. The 
     total compensation would be limited to $212,100 per calendar 
     year.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Continuation of life insurance coverage for federal employees 
         called to active duty (sec. 1102)
       The Senate amendment contained a provision (sec. 1103) that 
     would authorize federal civilian employees who are members of 
     a reserve component of the armed forces called or ordered to 
     active duty to continue coverage under Federal Employees 
     Group Life Insurance for a period not to exceed 24 months.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify that 
     an eligible employee who elects to continue this life 
     insurance coverage would be responsible for the premium 
     payments after the initial 12 months of coverage.
     Transportation of dependents, household effects, and personal 
         property to former home following death of federal 
         employee where death resulted from disease or injury 
         incurred in the Central Command area of responsibility 
         (sec. 1103)
       The House bill contained a provision (sec. 1109) that would 
     allow the dependents of a federal civilian employee who dies 
     while on deployment in a combat zone to be relocated to their 
     home of record at the government's expense, whether the 
     dependents are living overseas or in the continental United 
     States.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would narrow the 
     scope to cover dependents of a federal civilian employee who 
     dies while performing duties within the area of 
     responsibility of the Commander of the United States Central 
     Command. The amendment would also clarify that the provision 
     would apply to an employee who was a party to a mandatory 
     mobility agreement that was in effect when the employee died.
     Special benefits for civilian employees assigned on 
         deployment temporary change of station (sec. 1104)
       The House bill contained a provision (sec. 1102) that would 
     authorize the head of an agency to provide quarters, rations, 
     and storage of a personal motor vehicle without charge to a 
     civilian employee of an executive agency of a military 
     department who is assigned on a temporary change of station 
     in support of a contingency operation.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would clarify 
     that the time period during which a personal motor vehicle 
     may be stored cannot exceed the period of the employee's 
     temporary assignment.
     Death gratuity authorized for federal employees (sec. 1105)
       The House bill contained a provision (sec. 1105) that would 
     require the United States to

[[Page H14944]]

     pay a death gratuity of $100,000 to civilian employees of the 
     Department of Defense who died as a result of wounds, 
     injuries, or illness while on duty in a combat zone or from a 
     terrorist incident.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would authorize 
     the payment of the death gratuity in the amount of up to 
     $100,000, and would limit the condition of receipt of this 
     gratuity to duty in a contingency operation. In addition, the 
     amendment would require that the death gratuity would be 
     offset by any amount received from any other federally 
     provided death gratuity.
     Modifications to the National Security Personnel System (sec. 
         1106)
       The House bill contained a provision (sec. 1106) that would 
     modify the authority of the Secretary of Defense to establish 
     a National Security Personnel System (NSPS) pursuant to 
     section 9902 of title 5, United States Code.
       The Senate amendment contained several provisions (secs. 
     684, 1074, and 1104) that would make similar changes to NSPS.
       The Senate recedes with an amendment that would restore the 
     collective bargaining and appeal rights of employees of the 
     Department of Defense, while preserving the ability of the 
     Department to implement a pay-for-performance system. The 
     provision would prohibit the Secretary from adding more than 
     100,000 civilian employees to the system in any calendar year 
     and require periodic reviews by the Comptroller General 
     during the implementation period. The phased implementation 
     and regular reviews should ensure that Congress has an 
     opportunity to make any additional adjustments that may be 
     needed to ensure that NSPS is implemented in a manner that is 
     transparent, accountable, and fair to the civilian employees 
     of the Department of Defense.
     Requirement for full implementation of personnel 
         demonstration project (sec. 1107)
       The House bill contained a provision (sec. 1111) that would 
     require the Secretary of Defense to fully implement the 
     authorities provided under section 342(b) of the National 
     Defense Authorization Act for Fiscal Year 1995 (Public Law 
     103-337), as amended by section 1114 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 
     (Public Law 106-398) to carry out personnel management 
     demonstration projects at certain Department of Defense 
     laboratories.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would modify the 
     requirement for the Secretary to implement a process and 
     implementation plan to fully utilize the authorities provided 
     under the sections noted above in order to enhance the 
     performance of the missions of the laboratories.
       The conferees believe that it is essential that defense 
     laboratories have personnel systems that allow them to 
     attract, hire, and retain the top quality scientists and 
     engineers necessary to discharge their unique missions 
     efficiently and effectively.
       The conferees believe that the authorities established 
     under the sections noted above, if fully utilized, would 
     enable laboratories to experiment with and demonstrate novel 
     personnel management flexibilities which may enhance their 
     performance and capabilities. The conferees anticipate that 
     if these demonstrations are successful, the authorities may 
     then be adopted by other laboratories or organizations within 
     the Department of Defense, if appropriate to support their 
     missions.
     Authority for inclusion of certain Office of Defense Research 
         and Engineering positions in experimental personnel 
         program for scientific and technical personnel (sec. 
         1108)
       The Senate amendment contained a provision (sec. 1106) that 
     would authorize the inclusion of 20 technical positions in 
     the Office of the Director of Defense Research and 
     Engineering (DDR&E) in the experimental personnel program for 
     scientific and technical personnel established by section 
     1101 of the Strom Thurmond National Defense Authorization Act 
     for Fiscal Year 1999 (Public Law 105-261).
       The House bill contained no similar provision.
       The House recedes with an amendment that would reduce the 
     total number of authorized positions to 10.
       The conferees note that the DDR&E's technical staff plays 
     an important role in the oversight and coordination of the 
     Department of Defense's science and technology program. This 
     involves initiatives in rapidly developing scientific areas 
     such as hypersonics, societal and behavioral modeling, and 
     nanotechnology. The conferees believe that the utilization of 
     the personnel authority provided by the provision can enhance 
     the ability of the DDR&E to recruit and retain a staff with 
     the diverse technical competencies necessary to oversee these 
     initiatives.
     Pilot program for the temporary assignment of information 
         technology personnel to private sector organizations 
         (sec. 1109)
       The House bill contained a provision (sec. 1112) that would 
     extend the Information Technology Exchange Program (ITEP) 
     established in chapter 37 of the E-Government Act of 2002 
     (Public Law 107-347). ITEP allows employees from federal and 
     private sector information technology (IT) organizations to 
     participate in temporary assignments to another organization. 
     The authorization for the program ends on December 17, 2007. 
     This provision would extend the program only in relation to 
     the Department of Defense for an additional 3 years.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would create a 3-
     year pilot program for the temporary assignment of Department 
     of Defense IT personnel in private sector organizations. The 
     amendment would also require the Secretary of Defense to 
     report to the Committees on Armed Services of the Senate and 
     the House of Representatives on the potential benefits of a 
     similar exchange program in which IT personnel from the 
     private sector are assigned to the Department of Defense, as 
     well as any recommendations for legislation that may be 
     necessary to create such a program.
       The conferees acknowledge that legislation is pending 
     before congressional committees that would extend authority 
     for the E-Government Act of 2002 beyond its current 
     expiration date.
     Compensation for federal wage system employees for certain 
         travel hours (sec. 1110)
       The House bill contained a provision (sec. 1101) that would 
     amend section 5544(a) of title 5, United States Code, to 
     authorize compensation of federal wage system employees for 
     hours spent traveling while returning from an event that 
     cannot be scheduled or controlled administratively.
       The Senate amendment contained a similar provision (sec. 
     1101).
       The Senate recedes with a technical amendment.
     Travel compensation for wage grade personnel (sec. 1111)
       The House bill contained a provision (sec. 1104) that would 
     amend section 5550b(a) of title 5, United States Code, to 
     allow wage grade employees to receive compensatory time off 
     for each hour spent on official travel, provided the time is 
     not otherwise compensable.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Accumulation of annual leave by senior level employees (sec. 
         1112)
       The House bill contained a provision (sec. 1103) that would 
     authorize employees classified above the GS-15 level and 
     Intelligence Senior Level positions in the Department of 
     Defense to accrue annual leave accrual in the same manner 
     currently authorized for certain other senior government 
     officials, including members of the Senior Executive Service 
     and the Defense Intelligence Senior Executive Service.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Uniform allowances for civilian employees (sec. 1113)
       The Senate amendment contained a provision (sec. 1107) that 
     would repeal section 1593 of title 10, United States Code, in 
     order to remove the $400 limitation on uniform allowances for 
     civilian employees.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 
     the Secretary of Defense to prescribe by regulation an amount 
     higher than $400.
     Flexibility in setting pay for employees who move from a 
         Department of Defense or Coast Guard nonappropriated fund 
         instrumentality position to a position in the general 
         schedule pay system (sec. 1114)
       The House bill contained a provision (sec. 1108) that would 
     authorize flexibility in setting pay for an employee of a 
     Department of Defense (DOD) or U.S. Coast Guard 
     nonappropriated fund instrumentality who voluntarily 
     transfers to a DOD or Coast Guard civil service appropriated 
     fund position without a break in service of more than 3 days.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Retirement service credit for service as cadet or midshipman 
         at a military service academy (sec. 1115)
       The Senate amendment contained a provision (sec. 1102) that 
     would amend sections 8331(13) and 8401(31) of title 5, United 
     States Code, to clarify an existing practice of awarding 
     retirement service credit for time in service as a cadet or 
     midshipman at a military service academy.
       The House bill contained no similar provision.
       The House recedes.
     Authorization for increased compensation for faculty and 
         staff of the Uniformed Services University of the Health 
         Sciences (sec. 1116)
       The Senate amendment contained a provision (sec. 1108) that 
     would provide the Secretary of Defense greater flexibility in 
     setting salary levels for faculty and staff at the Uniformed 
     Services University of the Health Sciences. In no event would 
     the total amount of compensation exceed the amount specified 
     in section 102 of title 3, United States Code.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.

[[Page H14945]]

     Report on establishment of a scholarship program for civilian 
         mental health professionals (sec. 1117)
       The Senate amendment contained a provision (sec. 711) that 
     would require the Secretary of Defense, in consultation with 
     the Assistant Secretary of Defense for Health Affairs and 
     each of the surgeons general of the armed forces, to submit 
     to Congress a report on the feasibility and advisability of 
     establishing a scholarship program for civilian mental health 
     professionals. This report would be due not later than 180 
     days after the date of enactment of this Act.
       The House bill contained no similar provision.
       The House recedes.

                   Legislative Provisions Not Adopted

     Annuity commencing dates
       The House bill contained a provision (sec. 1107) that would 
     allow federal retirement annuities to commence either on the 
     day after retirement or the day after age and service 
     requirements are met.
       The Senate amendment contained no similar provision.
       The House recedes.
     Physicians and health care professionals comparability 
         allowances
       The Senate amendment contained a provision (sec. 937) that 
     would increase the amount of allowance the Secretary of 
     Defense is authorized to give to current or new Department of 
     Defense physicians or health care professionals under service 
     agreements. The provision would also require the Secretary of 
     Defense to report to the appropriate committees of Congress 
     annually on the operation of this section with regards to 
     recruiting and retention problems and other issues.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees direct the Secretary of Defense, in 
     consultation with the Director, Office of Personnel 
     Management, to report to the Committees on Armed Services of 
     the Senate and the House of Representatives by February 1, 
     2008, on the utilization of all bonus authorities for 
     purposes of recruitment and retention of Department of 
     Defense civilian health care professionals from fiscal year 
     2002 through fiscal year 2007.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

     Military-to-military contacts and comparable activities (sec. 
         1201)
       The House bill contained a provision (sec. 1201) that would 
     allow personnel exchange programs with foreign governments to 
     be conducted on a non-reciprocal basis if the Secretary of 
     Defense determines that it would be in the interests of the 
     United States to do so.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Authority for support of military operations to combat 
         terrorism (sec. 1202)
       The House bill contained a provision (sec. 1202) that would 
     extend the authority provided in section 1208 of the Ronald 
     W. Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375), and amend the annual reporting 
     requirements contained in subsection (f) of section 1208.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Medical care and temporary duty travel expenses for liaison 
         officers of certain foreign nations (sec. 1203)
       The House bill contained a provision (sec. 1203) that would 
     authorize the Secretary of Defense to pay medical and 
     temporary duty travel expenses incurred by a liaison officer 
     from a developing country who is temporarily assigned to a 
     headquarters of a combatant command, component command, or 
     subordinate operational command in connection with the 
     planning for, or conduct of, a military operation.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Extension and expansion of Department of Defense authority to 
         participate in multinational military centers of 
         excellence (sec. 1204)
       The House bill contained a provision (sec. 1204) that would 
     extend the authority provided under section 1205 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364) for the Department of Defense to 
     participate in multinational military centers of excellence. 
     The provision would expand the definition of multinational 
     military centers of excellence in which Department personnel 
     may participate beyond those entities accredited or approved 
     by the North Atlantic Treaty Organization (NATO), to include 
     centers accredited or approved by the Secretary of Defense. 
     The provision would also raise the limitation on expenditures 
     for the U.S. share of the operating expenses of multinational 
     military centers of excellence under this section from $3.0 
     million to $5.0 million.
       The Senate amendment contained a provision (sec. 1214) that 
     would extend, but not expand, the authority for Department of 
     Defense participation in multinational military centers of 
     excellence.
       The Senate recedes with an amendment that would maintain 
     the current definition of a multinational military center of 
     excellence as an entity accredited and approved by NATO. The 
     conferees note the Department's stated interest in 
     participating in multinational military centers of excellence 
     beyond the NATO context. To aid consideration of this 
     proposal, the conferees urge the Department to provide 
     additional information on how expanded authority under this 
     section would be implemented, including how it would define a 
     ``military center of excellence'' outside the NATO context; 
     where such centers are or would be located; the purposes of 
     such centers; and the costs associated with U.S. 
     participation in such centers.
     Reauthorization of Commanders' Emergency Response Program 
         (sec. 1205)
       The House bill contained a provision (sec. 1205) that would 
     extend the authority provided in section 1202 of the National 
     Defense Authorization Act for Fiscal Year 2006 (Public Law 
     109-163) for the Commanders' Emergency Response Program 
     (CERP) through fiscal years 2008 and 2009. The CERP is 
     intended to provide commanders in Iraq and Afghanistan funds 
     for use in small humanitarian and reconstruction projects in 
     their area of responsibility that provide immediate 
     assistance to the local population.
       The Senate amendment contained a provision (sec. 1203) that 
     would authorize the CERP through fiscal year 2008 and 
     increase the authorized level for CERP funding up to 
     $977,441,000.
       The Senate recedes with an amendment that would authorize 
     up to $977,441,000 to be used for CERP during each of fiscal 
     years 2008 and 2009.
       The conferees note that the Under Secretary of Defense 
     (Comptroller) issued revised guidance for the CERP on May 9, 
     2007. The conferees are concerned by the failure of the 
     Department of Defense to comply with the requirement of 
     section 1202 that the Secretary of Defense submit to the 
     congressional defense committees any modification to the 
     guidance regarding the allocation of CERP funds not later 
     than 15 days after the guidance is issued. The conferees 
     strongly urge the Department to comply with this requirement 
     of section 1202 in the future.
       The conferees also highlight that the revised May 2007 CERP 
     guidance expands the listed uses of CERP funds, to include 
     making payments, sometimes called ``martyr payments,'' to the 
     family members of Iraqi or Afghan ``defense or police 
     personnel who were killed as a result of U.S., coalition or 
     supporting military operations'' in Iraq or Afghanistan. The 
     conferees question the Department's characterization of 
     martyr payments as a subset of condolence payments--payments 
     made to civilians for death or physical injury resulting from 
     U.S., coalition, or supporting military operations. Further, 
     the conferees have concerns over whether martyr payments are 
     an appropriate expansion of the uses of CERP funds on both 
     policy and legal grounds.
       The conferees direct the Department to review its decision 
     to expand the use of CERP to include martyr payments and 
     submit a report on the results of that review to the 
     congressional defense committees not later than 60 days after 
     enactment of this Act. The report should include: a review of 
     the relevant policy considerations, including whether such 
     payments should be the responsibility of the Government of 
     Iraq or Afghanistan, respectively, rather than U.S. 
     commanders; the legal considerations associated with making 
     martyr payments, including whether such payments are 
     consistent with the prohibition in the CERP guidance on using 
     CERP funds to provide services or funds to national security 
     forces in Iraq and Afghanistan; and whether other funding 
     accounts, such as the Iraq Security Forces Fund or the 
     Afghanistan Security Forces Fund, would be a more appropriate 
     source of funds for making martyr payments. The report should 
     also include information on the amount of CERP funds used for 
     martyr payments in each of fiscal years 2006, 2007, and 2008 
     up to the date of the report. The conferees direct the 
     Department to specify in the quarterly reports required under 
     section 1202 the amount of CERP funds used for martyr 
     payments separate from the amount specified for condolence 
     payments.
     Authority to build the capacity of the Pakistan Frontier 
         Corps (sec. 1206)
       The House bill contained a provision (sec. 1206) that would 
     expand the authority provided under section 1206 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163) for training and equipping foreign 
     military forces to allow the Secretary of Defense, with the 
     concurrence of the Secretary of State, to build the capacity 
     of Pakistan security forces, other than its military forces, 
     to conduct counterterrorist operations.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would authorize 
     the Secretary of Defense, with the concurrence of the 
     Secretary of State, to use up to $75.0 million of funds 
     available for operation and maintenance during fiscal year 
     2008 to enhance the ability of the Pakistan Frontier Corps to 
     conduct counterterrorist operations along the border between 
     Pakistan and Afghanistan. Authorized assistance may include 
     equipment, supplies, and training. The amendment would 
     require the Secretary of Defense to notify the congressional 
     defense committees and the Committee on Foreign Affairs of 
     the House of Representatives and the Committee on Foreign 
     Relations of the Senate not less than 15 days prior to 
     providing assistance under this section.

[[Page H14946]]

     Authority to equip and train foreign personnel to assist in 
         accounting for missing United States Government personnel 
         (sec. 1207)
       The House bill contained a provision (sec. 1207) that would 
     authorize the Secretary of Defense to provide assistance to 
     foreign nations to aid/help in recovery and accounting 
     activities for missing U.S. Government personnel. The 
     Secretary of Defense would be required to submit an annual 
     report on the assistance provided under this authority.
       The Senate amendment contained a similar provision (sec. 
     1201).
       The House recedes with a clarifying amendment.
     Authority to provide automatic identification system data on 
         maritime shipping to foreign countries and international 
         organizations (sec. 1208)
       The House bill contained a provision (sec. 1208) that would 
     permit the Secretary of Defense to authorize secretaries of 
     the military departments and geographic combatant commanders 
     to provide foreign nations and international organizations 
     with information on the location of merchant vessels.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Report on foreign-assistance related programs carried out by 
         the Department of Defense (sec. 1209)
       The House bill contained a provision (sec. 1209) that would 
     require the Secretary of Defense to submit a report not later 
     than 180 days after enactment of this Act describing, on a 
     country-by-country basis, all foreign-assistance related 
     programs, projects, and activities of the Department of 
     Defense during the prior fiscal year.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense to submit a report specifying, on a 
     country-by-country basis, each program carried out by the 
     Department of Defense during the prior fiscal year under the 
     foreign-assistance related authorities specified in the 
     provision. The report would be unclassified, but may include 
     a classified annex. The report would be submitted to the 
     congressional defense committees, and the Committee on 
     Foreign Affairs of the House of Representatives and the 
     Committee on Foreign Relations of the Senate.
     Extension and enhancement of authority for security and 
         stabilization assistance (sec. 1210)
       The Senate amendment contained a provision (sec. 1202) that 
     would extend until September 30, 2008, the authority provided 
     under section 1207 of the National Defense Authorization Act 
     of Fiscal Year 2006 (Public Law 109-163) for the Secretary of 
     Defense to provide the Secretary of State services, defense 
     articles, or funding to support Department of State programs 
     for reconstruction, security, or stabilization assistance. 
     The provision would also increase the total amount of all 
     services, defense articles, and funding that may be provided 
     under section 1207 from $100.0 million to $200.0 million. The 
     provision would require the Department of State (DOS) to 
     coordinate with the Department of Defense (DOD) in the 
     formulation and implementation of any program of 
     reconstruction, security, or stabilization assistance that 
     involves the provision of services, defense articles, or 
     funds by the DOD to the DOS under this section.
       The House bill contained no similar provision.
       The House recedes with an amendment that would delete the 
     increase under the Senate provision in the aggregate value of 
     all services, defense articles, and funding that may be 
     provided under this section, thereby keeping the funding 
     limitation under section 1207 at $100.0 million during fiscal 
     year 2008.
     Government Accountability Office report on Global Peace 
         Operations Initiative (sec. 1211)
       The Senate amendment contained a provision (sec. 1204) that 
     would direct the Government Accountability Office to submit a 
     report not later than March 1, 2008, to the congressional 
     defense committees, the Committee on Foreign Relations of the 
     Senate, and the Committee on Foreign Affairs of the House of 
     Representatives, assessing the President's Global Peace 
     Operations Initiative.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     stipulate that the report be unclassified to the maximum 
     extent possible, and would require it to be submitted by June 
     1, 2008.
     Repeal of limitations on military assistance under the 
         American Servicemembers' Protection Act of 2002 (sec. 
         1212)
       The Senate amendment contained a provision (sec. 1205) that 
     would repeal some of the remaining limitations on providing 
     military assistance under the American Servicemembers' 
     Protection Act of 2002 (22 U.S.C. 7426).
       The House bill contained no similar provision.
       The House recedes.

          Subtitle B--Matters Relating to Iraq and Afghanistan

     Modification of authorities relating to the office of the 
         Special Inspector General for Iraq Reconstruction (sec. 
         1221)
       The House bill contained a provision (sec. 1221) that would 
     extend the authority for the office of the Special Inspector 
     General for Iraq Reconstruction and clarify certain 
     authorities of the office.
       The Senate amendment contained a similar provision (sec. 
     1540).
       The House recedes with an amendment that would extend the 
     authority for the office and combine the authorities provided 
     in the House and Senate provisions.
     Limitation on availability of funds for certain purposes 
         relating to Iraq (sec. 1222)
       The House bill contained a provision (sec. 1222) that would 
     prohibit the obligation of funds authorized in this or any 
     other act to establish permanent bases in Iraq or exercise 
     United States control over Iraq's oil resources.
       The Senate amendment contained a provision (sec. 1531) that 
     would continue such a prohibition for fiscal year 2008 only.
       The House recedes.
     Report on United States policy and military operations in 
         Iraq (sec. 1223)
       The House bill contained a provision (sec. 1224) that would 
     require a report on the implementation of the Multi-National 
     Forces-Iraq/United States Embassy Baghdad Joint Campaign Plan 
     and efforts to achieve political reform in Iraq.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment to the United States 
     Policy in Iraq Act, section 1227(c) of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163), 
     that would require a detailed description of the Joint 
     Campaign Plan, including those conditions which could prompt 
     changes to levels of United States armed forces or missions, 
     and the status of planning for those changes.
     Report on a comprehensive set of performance indicators and 
         measures for progress toward military and political 
         stability in Iraq (sec. 1224)
       The House bill contained a provision (sec. 1225) that would 
     require a report on training of the Iraqi Security Forces.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment to section 9010 of the 
     Department of Defense Appropriations Act for Fiscal Year 2007 
     (Public Law 109-289) that would require additional 
     information on the Iraqi Security Forces in the report 
     required by that Act.
     Report on support from Iran for attacks against coalition 
         forces in Iraq (sec. 1225)
       The Senate amendment contained a provision (sec. 1535) that 
     would require, not later than 30 days after the date of 
     enactment of this Act and every 60 days thereafter, that the 
     Commander, Multi-National Forces, Iraq, and the U.S. 
     Ambassador to Iraq, in coordination with the Director of 
     National Intelligence, submit a report to Congress on: any 
     support provided to anti-coalition forces in Iraq by Iran or 
     its agents; Iran's strategy in Iraq; and any strategy or 
     efforts by the United States to counter the activities of 
     Iran in Iraq. The provision also contained a rule of 
     construction that nothing in this section would authorize or 
     speak to the use of armed forces against Iran.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require that 
     the report be submitted by the Secretary of Defense, in 
     coordination with the Director of National Intelligence, not 
     later than 60 days after the date of enactment of this Act 
     and every 180 days thereafter. The amendment would also 
     provide that the reporting requirement would terminate when 
     the Secretary of Defense, in coordination with the Director 
     of National Intelligence, certifies to the congressional 
     defense committees that Iran has ceased to provide military 
     support to anti-coalition forces in Iraq.
       The conferees are deeply concerned by reports of Iranian 
     activity in Iraq, including that the Iranian Qods Force is 
     providing training and support to anti-coalition forces in 
     Iraq. The conferees call on Iran to cease any training, 
     equipping, funding, advising, or any other support that it or 
     its agents are providing to Iraqi militia and insurgents and 
     that is counter to Iraqi and coalition interests. The 
     conferees strongly support U.S. diplomatic efforts with Iran 
     to stop any actions by Iran or its agents against U.S. or 
     other coalition forces in Iraq.
     Sense of Congress on the consequences of a failed state in 
         Iraq (sec. 1226)
       The Senate amendment contained a provision (sec. 1536) that 
     would express the sense of the Senate that the Senate should 
     commit itself to a strategy that will not leave a failed 
     state in Iraq, and the Senate should not pass legislation 
     that will undermine our military's ability to prevent a 
     failed state in Iraq.
       The House bill contained no similar provision.
       The House recedes with an amendment that would express the 
     sense of Congress that a failed state in Iraq will have a 
     negative impact on the Middle East and American interests in 
     the region, and that the United States should pursue 
     strategies to prevent a failed state in Iraq or contain the 
     negative effects of a failed state in Iraq.
     Sense of Congress on federalism in Iraq (sec. 1227)
       The Senate amendment contained a provision (sec. 1537) that 
     would express the sense

[[Page H14947]]

     of Congress that 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. This provision would also express the sense 
     of Congress on other steps the United States should take in 
     that regard.
       The House bill contained no similar provision.
       The House recedes with an amendment that would express the 
     sense of Congress that policies supported by the United 
     States in the pursuit of a political settlement in Iraq 
     should be consistent with the wishes of the Iraqi people and 
     should not violate the sovereignty of the nation of Iraq.
     Tracking and monitoring of defense articles provided to the 
         Government of Iraq and other individuals and groups in 
         Iraq (sec. 1228)
       The Senate amendment contained a provision (sec. 1541) that 
     would require the President to implement a policy to control 
     the export and transfer of defense articles into Iraq, 
     including implementation of a registration and monitoring 
     system.
       The House bill contained no similar provision.
       The House recedes with an amendment that would make 
     clarifying changes, and would also require the provision to 
     take effect 180 days after the enactment of this Act, with 
     one 90-day waiver option, and does not direct enhanced end-
     use monitoring.
       The conferees fully expect the President to delegate this 
     authority.
       The conferees urge the relevant Secretaries to consider 
     whether enhanced end-use monitoring may be desirable in the 
     cases of some of the lethal defense articles provided to 
     Iraq.
       The conferees understand, based on information provided by 
     the Departments of State and Defense, that this provision 
     will not have the effect of slowing the delivery of defense 
     articles and services to Iraq under the Foreign Military 
     Sales program. The conferees urge the Department of Defense 
     to inform the conferees immediately in the event that 
     implementation of this provision would have such an 
     unintended and undesired effect.
     Special Inspector General for Afghanistan Reconstruction 
         (sec. 1229)
       The House bill contained a provision (sec. 1231) that would 
     establish an office of the Special Inspector General for 
     Afghanistan Reconstruction (SIGAR) to conduct independent and 
     objective audits and investigations of programs and 
     operations funded by the Department of Defense for 
     Afghanistan reconstruction. The President would appoint the 
     SIGAR. The provision would require the SIGAR to provide 
     quarterly and semiannual reports to the congressional defense 
     committees. The Office of the SIGAR would terminate 10 months 
     after 80 percent of the Department of Defense funds for 
     Afghanistan reconstruction have been expended.
       The Senate amendment contained a provision (sec. 1542) that 
     would establish an office of the SIGAR to conduct audits and 
     investigations of United States Government programs and 
     operations for Afghanistan reconstruction.
       The Senate recedes with an amendment that would establish 
     an office of the SIGAR to conduct independent and objective 
     audits and investigations of United States Government 
     programs and operations for Afghanistan reconstruction. The 
     President would appoint the SIGAR and may appoint the Special 
     Inspector General for Iraq Reconstruction (SIGIR) to serve as 
     the SIGAR. The SIGAR would report on a quarterly basis to the 
     congressional defense committees and the Committee on Foreign 
     Affairs of the House of Representatives and the Committee on 
     Foreign Relations of the Senate. The provision would provide 
     $20.0 million from the Afghanistan Security Forces Fund to 
     carry out this section during fiscal year 2008. The Office of 
     the SIGAR would terminate 180 days after the amount of 
     unexpended funds appropriated or otherwise made available for 
     Afghanistan is less than $250.0 million.
     Report on progress toward security and stability in 
         Afghanistan (sec. 1230)
       The House bill contained a provision (sec. 1232) that would 
     require the Secretary of Defense, in coordination with the 
     relevant U.S. Government agencies and departments, to report 
     not later than 90 days after enactment of this Act on 
     progress toward security and stability in Afghanistan. The 
     report would include a description of the strategic direction 
     of U.S. activities related to security and stability in 
     Afghanistan. The report would also include a comprehensive 
     set of performance indicators and measures of progress toward 
     long-term security and stability in Afghanistan. The 
     Secretary of Defense would be required to provide updates of 
     the report every 90 days.
       The Senate amendment contained a provision (sec. 1231) that 
     would require the President to report to the congressional 
     defense committees semiannually through fiscal year 2009 on 
     U.S. policy and military operations in Afghanistan. The 
     provision would require each report to contain a 
     comprehensive, interagency-coordinated strategy in support of 
     U.S. policy and military operations in Afghanistan, and 
     detailed information on key elements of that strategy.
       The Senate recedes with an amendment that would require the 
     President, acting through the Secretary of Defense, to submit 
     a report not later than 90 days after enactment of this Act, 
     and every 180 days thereafter through the end of fiscal year 
     2010, on progress toward security and stability in 
     Afghanistan. The provision would require the Secretary of 
     Defense to coordinate with the relevant U.S. Government 
     agencies and departments in preparing the report. The report 
     would include a description of a comprehensive U.S. strategy 
     for security and stability in Afghanistan, and detailed 
     information on key elements of that strategy, including U.S. 
     efforts to: strengthen the North Atlantic Treaty Organization 
     International Security Assistance Forces; build the capacity 
     of the Afghanistan National Security Forces; promote the 
     reconstruction and development of Afghanistan, including 
     through U.S.-led Provincial Reconstruction Teams; define the 
     overall strategy and activities of the Department of Defense 
     counternarcotics program; aid the Government of Afghanistan 
     in fighting public corruption and promoting the rule of law; 
     and increase cooperation with Afghanistan's neighboring 
     countries. The provision would also require that the report 
     include a comprehensive set of performance indicators and 
     measures of progress toward long-term security and stability 
     in Afghanistan. The report would be provided to the 
     congressional defense committees, and the Committee on 
     Foreign Affairs of the House of Representatives and the 
     Committee on Foreign Relations of the Senate.
     United States plan for sustaining the Afghanistan National 
         Security Forces (sec. 1231)
       The House bill contained a provision (sec. 1234) that would 
     require the Secretary of Defense, in coordination with the 
     Secretary of State and the Attorney General, to submit a 
     report detailing a long-term plan for sustaining the 
     Afghanistan National Security Forces (ANSF). The provision 
     would require the Secretary of Defense to update the plan 
     every 90 days. The initial report and the updates would be 
     submitted to the congressional defense committees, and the 
     Committee on Foreign Affairs and the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Foreign Relations and the Committee on the Judiciary of 
     the Senate.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense, in coordination with the Secretary of 
     State, to submit not later than 90 days after enactment of 
     this Act and annually thereafter through fiscal year 2010, a 
     report detailing a long-term plan for sustaining the ANSF, 
     with the objective of ensuring that the ANSF will be able to 
     conduct operations independently and effectively and maintain 
     long-term security and stability in Afghanistan. The report 
     would include: a comprehensive strategy and budget, with 
     defined objectives; mechanisms for tracking funding, 
     equipment, training, and services provided to the ANSF; and 
     any actions necessary to assist the Government of Afghanistan 
     to achieve a number of specified goals, and the results of 
     such actions. The report would be submitted to the 
     congressional defense committees, and the Committee on 
     Foreign Affairs of the House of Representatives and the 
     Committee on Foreign Relations of the Senate.
     United States strategy for enhancing security and stability 
         in the border region between Afghanistan and Pakistan 
         (sec. 1232)
       The Senate amendment contained a provision (sec. 1232) that 
     would require the President to report to the congressional 
     defense committees on the U.S. strategy for working with 
     Pakistan to prevent the movement of violent extremist forces 
     across the Pakistan border into Afghanistan and to eliminate 
     safe havens for extremist forces on the territory of 
     Pakistan. The provision would also restrict reimbursements to 
     Pakistan, using Coalition Support Funds, for logistical, 
     military, or other support provided by Pakistan to U.S. 
     military operations unless the President determined that 
     Pakistan was making substantial and sustained efforts to 
     eliminate any safe havens for extremists on its territory.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Defense, in consultation with the Secretary of 
     State, to submit a report not later than March 31, 2008, on 
     enhancing security and stability in the region along the 
     border of Afghanistan and Pakistan. The report would include 
     a detailed description of the efforts by Pakistan to 
     eliminate safe havens for the Taliban, Al Qaeda, or other 
     violent extremist forces on its territory and prevent the 
     movement of those forces across Pakistan's border into 
     Afghanistan, and an assessment by the Secretary of Defense 
     regarding whether Pakistan is making substantial and 
     sustained efforts to achieve these objectives.
       The provision would also require the Secretary of Defense 
     to provide a notification to the congressional defense 
     committees not less than 15 days before making any 
     reimbursement to Pakistan using Coalition Support Funds for 
     logistical, military, or other support provided by Pakistan 
     to U.S. military operations. The notification would include 
     an itemized description of the logistical, military, or other 
     support to be reimbursed. The notification would be required 
     with respect to reimbursements for support provided by 
     Pakistan during the period beginning on February 1, 2008 and 
     ending on September 30, 2009. The notification

[[Page H14948]]

     would be submitted in unclassified form, but may include a 
     classified annex if necessary.
       The conferees are concerned by the lack of transparency 
     regarding the kinds of logistical, military, or other support 
     provided by Pakistan to U.S. military operations and being 
     reimbursed using Coalition Support Funds. The conferees 
     expect that the notifications provided under this section 
     would itemize in detail the logistical support that the 
     Department of Defense has approved for reimbursement using 
     Coalition Support Funds. The conferees note that for the 
     purposes of this section, the term ``logistic support, 
     supplies and services'' as defined in section 2350 of title 
     10, United States Code, means ``food, billeting, 
     transportation (including airlift), petroleum, oils, 
     lubricants, clothing, communications services, medical 
     services, ammunition, base operations support (and 
     construction incident to base operations support), storage 
     services, use of facilities, training services, spare parts 
     and components, repair and maintenance services, calibration 
     services, and port services.'' The conferees also expect that 
     the notifications would itemize the military support and 
     equipment, if any, and any other support or services that the 
     Department has approved for reimbursement using Coalition 
     Support Funds.
     Reimbursement of certain coalition nations for support 
         provided to United States military operations (sec. 1233)
       The Senate amendment contained a provision (sec. 1532) that 
     would authorize the Secretary of Defense to reimburse any key 
     cooperating nation for logistical and military support 
     provided by that nation to United States military operations 
     in Operation Iraqi Freedom or Operation Enduring Freedom. The 
     total amount of reimbursements made under this authority 
     during fiscal year 2008 may not exceed $1.2 billion. Not 
     later than 30 days after the date of enactment of this Act, 
     the Secretary of Defense would be required to prescribe 
     standards for determining what kinds of logistical and 
     military support may be considered reimbursable under this 
     section. The prescribed standards would not take effect until 
     15 days after the Secretary reports the standards to the 
     congressional defense committees. The Secretary would be 
     required to notify the congressional defense committees not 
     less than 15 days before making any reimbursement under this 
     section.
       The House bill contained no similar provision.
       The House recedes.
     Logistical support for coalition forces supporting operations 
         in Iraq and Afghanistan (sec. 1234)
       The Senate amendment contained a provision (sec. 1533) that 
     would authorize the Secretary of Defense to provide up to 
     $400.0 million in supplies, services, and other logistical 
     support to coalition forces supporting U.S. military and 
     stabilization operations in Iraq and Afghanistan.
       The House bill contained no similar provision.
       The House recedes.

                    Subtitle C--Iraq Refugee Crisis

     Refugee Crisis in Iraq Act (sec. 1241-1249)
       The Senate amendment contained a series of provisions that 
     would: name the subtitle the Iraq Refugee Crisis Act of 2007 
     (sec. 1571); require the Secretary of State to establish a 
     refugee processing program in Iraq and in countries in the 
     region for Iraqis threatened because of their association 
     with the United States Government (sec. 1572); create a 
     Priority 2 category under the refugee resettlement program 
     for Iraqi refugees of special humanitarian concern (sec. 
     1573); expand the current special immigrant visa program 
     (sec. 1574); require the Secretary of State to designate a 
     Minister Counselor in the U.S. Embassy in Iraq and in U.S. 
     embassies in certain other countries in the region to oversee 
     processing of Priority 2 refugees and refugees of special 
     humanitarian concern (sec. 1575); require the Secretary of 
     State to consult with countries with significant populations 
     of Iraqi refugees throughout the implementation of this Act 
     (sec. 1576); allow Iraqis who were denied asylum or had their 
     asylum status terminated after March 1, 2003, solely based on 
     changed country conditions to file a motion to reopen their 
     claim (sec. 1577); require several reports from the executive 
     branch on the implementation of this Act (sec. 1578); and 
     authorize the appropriation of funds necessary to carry out 
     this Act (sec. 1579).
       The House bill contained no similar provisions.
       The House recedes with an amendment which would consolidate 
     these provisions into one subtitle and would make several 
     technical and clarifying amendments. The two most significant 
     amendments are: (1) a provision which would provide 8 months 
     of resettlement assistance to those individuals granted 
     special immigrant visas; and (2) a modification that would 
     require the Secretary of State to designate a Senior 
     Coordinator, rather than a Minister Counselor, in the U.S. 
     Embassy in Iraq and in U.S. embassies in certain other 
     countries in the region to oversee the processing of Priority 
     2 refugees and refugees of special humanitarian concern.
       The conferees note that they do not intend implementation 
     of this subtitle to have an adverse impact on the quantity or 
     quality of skilled local Iraqi personnel available to support 
     those operations. However, they also recognize that working 
     for the U.S. Government can prove to be a dangerous decision 
     for Iraqi nationals, and express appreciation to those Iraqis 
     for their contributions to the U.S. mission in that country. 
     Therefore, the conferees urge executive branch officials to: 
     consider the length and capacity of service when providing 
     preference in awarding special immigrant visas to Iraqi 
     citizens and nationals who have been working for the U.S. 
     Government; and consider giving higher priority in the 
     processing of refugee status to qualified applicants facing 
     the most immediate or severe risk of harm and Iraqi nationals 
     whose contracts with the U.S. Government constitute a 
     significant portion of their income since June 2003.
       The conferees believe that the Secretary of State should 
     conduct the processing of refugees in Iraq with reasonable 
     consideration of the security situation. In addition, the 
     conferees recognize that the security situation might at 
     times adversely affect the ability of the U.S. Government to 
     carry out the necessary vetting requirements of Iraqi 
     nationals seeking entry into the United States under this 
     subtitle. Nonetheless, it remains critical that U.S. 
     Government officials perform the appropriate level of 
     background checks and fulfill other necessary vetting 
     requirements for each Iraqi national processed.
       The conferees believe that the United States has a moral 
     responsibility to help those Iraqis who have helped the 
     United States and believe these provisions take a step toward 
     meeting that responsibility.
       Finally, the conferees note that no assistance authorized 
     under this subtitle shall be provided to any person, agent, 
     instrumentality, representative, or official of a country 
     that is found to support international terrorism pursuant to 
     the Export Administration Act, the Arms Export Control Act, 
     the Foreign Assistance Act, or any other provision of law.

             Subtitle D--Other Authorities and Limitations

     Cooperative opportunities documents under cooperative 
         research and development agreements with NATO 
         organizations and other allied and friendly foreign 
         countries (sec. 1251)
       The House bill contained a provision (sec. 1241) that would 
     modify the timing of the preparation of cooperative 
     opportunities documents for acquisition programs and update 
     the terminology used in statute to describe the documents.
       The Senate amendment contained a similar provision (sec. 
     1211).
       The House recedes.
     Extension and expansion of temporary authority to use 
         acquisition and cross-servicing agreements to lend 
         military equipment for personnel protection and 
         survivability (sec. 1252)
       The Senate amendment contained a provision (sec. 1212) that 
     would extend through September 30, 2008, the temporary 
     authority provided under section 1202 of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364) for the Secretary of Defense to loan 
     under acquisition and cross-servicing agreements equipment 
     for personnel protection and survivability to foreign 
     military forces participating in combined operations with the 
     United States in Iraq and Afghanistan. The provision would 
     also expand to whom these loans of equipment may be made, to 
     include foreign military forces participating in combined 
     operations with the United States as part of a peacekeeping 
     operation under the United Nations Charter or another 
     international agreement.
       The House bill contained no similar provision.
       The House recedes.
       The conferees emphasize that the authority for section 1202 
     is intended to permit the temporary loan of equipment to 
     foreign military forces that are participating in a specified 
     combined operation with the United States Armed Forces, for 
     the purpose of providing personnel protection or aiding in 
     the personnel survivability of such foreign military forces 
     during those operations. The conferees note that equipment 
     loaned under this authority may be used by the military 
     forces of the recipient country for not longer than 1 year, 
     at which time the equipment will be returned to the United 
     States under the terms of the acquisition and cross-servicing 
     agreement between the United States and the recipient 
     country.
     Acceptance of funds from the Government of Palau to defray 
         expenditures attendant to the operation of United States 
         military Civic Action Team in Palau (sec. 1253)
       The Senate amendment contained a provision (sec. 1213) that 
     would amend section 1933(a) of title 48, United States Code, 
     to allow the Secretary of Defense to accept funds from the 
     Government of Palau to defray expenditures that the 
     Department of Defense makes in connection with the United 
     States military Civic Action Team in Palau.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Repeal of requirement relating to North Korea (sec. 1254)
       The Senate amendment contained a provision (sec. 1217) that 
     would prohibit the Secretary of Defense from obligating or 
     expending any funds authorized to be appropriated under 
     section 1207 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163) until the 
     administration has

[[Page H14949]]

     fully implemented section 1211 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364).
       The House bill contained no similar provision.
       The House recedes with an amendment that would repeal 
     subsection (a) of section 1211 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364).
       The conferees note that section (a) of section 1211 
     mandated the appointment of a North Korea Policy Coordinator 
     because of the conferees' concern that the administration 
     lacked a coordinated approach to addressing the North Korean 
     nuclear threat. However, more recently, the conferees have 
     noted progress in the Six-Party Talks with North Korea, and 
     are satisfied that the Assistant Secretary of State for East 
     Asian and Pacific Affairs has sufficient authority in these 
     negotiations. Therefore, the conferees deem that the intent 
     of section 1211 (a) has been met.
     Justice for Osama bin Laden and other leaders of al Qaeda 
         (sec. 1255)
       The Senate amendment contained a provision (sec. 1219) that 
     would authorize the Secretary of State to offer a reward of 
     $50.0 million for the capture, death, or information leading 
     to the capture or death of Osama bin Laden.
       The Secretary of State and the Secretary of Defense, in 
     coordination with the Director of National Intelligence, 
     shall jointly submit to Congress, not later than 90 days 
     after enactment of this Act, and every 90 days thereafter, a 
     report on the progress made in bringing Osama bin Laden and 
     other leaders of al Qaeda to justice.
       The House bill contained no similar provision.
       The House recedes with an amendment that would limit the 
     report requirement to two reports: (1) the initial report due 
     90 days after enactment of this Act; and, (2) a report a year 
     later.
       The conferees believe that a foremost objective of U.S. 
     counterterrorist policy should be protecting U.S. persons and 
     property by capturing or killing Osama bin Laden, and other 
     leaders of the al Qaeda network, and destroying the al Qaeda 
     network.
     Extension of Counterproliferation Program Review Committee 
         (sec. 1256)
       The House bill contained a provision (sec. 1242) that would 
     extend the Counterproliferation Program Review Committee 
     (CPRC) established by section 1605 of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 108-136) 
     through 2013. This provision would also add additional 
     members to the committee and change the requirement that the 
     committee submit a report annually to a biennial reporting 
     requirement with the first biennial report due on March 1, 
     2009 and each odd-numbered year thereafter through 2013.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would limit the 
     new members of the CPRC to the Department of State and the 
     Department of Homeland Security and would require the first 
     biennial report to be submitted on May 1, 2009.
     Sense of Congress on the Western Hemisphere Institute for 
         Security Cooperation (sec. 1257)
       The House bill contained a provision (sec. 1243) that would 
     express the sense of Congress supporting the Department of 
     Defense's education and training facility, the Western 
     Hemisphere Institute for Security Cooperation.
       The Senate amendment (sec. 1067) contained a similar 
     provision.
       The Senate recedes with a technical amendment.
     Sense of Congress on Iran (sec. 1258)
       The Senate amendment contained a provision (sec. 1538) that 
     would state the sense of the Senate that Iran's Islamic 
     Revolutionary Guards Corps (IRGC) should be designated as a 
     foreign terrorist organization and placed on the list of 
     Specially Designated Global Terrorists established by the 
     International Emergency Economic Powers Act.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify that 
     it is in the U.S. national interest that the Government of 
     Iran not use extremists in Iraq to subvert or co-opt the 
     institutions of the legitimate Government of Iraq.
       The conferees are concerned by reports, including the 
     testimony to Congress in September 2007 of General David 
     Petraeus, Commander, Multi-National Forces, Iraq, and 
     Ambassador Ryan Crocker, U.S. Ambassador to Iraq, regarding 
     Iranian activity in Iraq that is harmful to the Iraqi state 
     and coalition forces in Iraq. The conferees strongly endorse 
     the administration's pursuit of a diplomatic approach to 
     address this Iranian threat. The conferees note that on 
     October 25, 2007, the Department of State announced that it 
     designated the IRGC an entity of proliferation concern under 
     Executive Order 13382, and the Department of the Treasury 
     designated the IRGC's Qods Force under Executive Order 13224 
     for providing material support to the Taliban and other 
     terrorist organizations.

                          Subtitle E--Reports

     One-year extension of update on report on claims relating to 
         the bombing of the Labelle Discotheque (sec. 1261)
       The Senate amendment contained a provision (sec. 1233) that 
     would provide for a 1-year extension of the requirement to 
     provide an update on the report on claims related to the 
     bombing of the Labelle Discotheque.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Report on United States policy toward Darfur, Sudan (sec. 
         1262)
       The House bill contained a provision (sec. 1235) that would 
     require the Secretary of Defense to submit a report on the 
     operational status of the airfield located in Abeche, Chad.
       The Senate amendment contained a similar provision (sec. 
     1235).
       The House recedes with an amendment that would incorporate 
     elements of a report on U.S. policy toward Darfur, Sudan that 
     was in the Senate amendment (sec. 1234). The amendment would 
     also make other clarifying and technical changes, and would 
     repeal a similar reporting requirement on the situation in 
     Darfur, Sudan required by section 1227 of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364).
     Inclusion of information on asymmetric capabilities in annual 
         report on military power of the People's Republic of 
         China (sec. 1263)
       The Senate amendment contained a provision (sec. 1236) that 
     would amend section 1202(b) of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65) to 
     include information on asymmetric capabilities in the annual 
     report on the military power of the People's Republic of 
     China.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Report on application of the Uniform Code of Military Justice 
         to civilians accompanying the armed forces during a time 
         of declared war or contingency operation (sec. 1264)
       The Senate amendment contained a provision (sec. 1237) that 
     would require the Secretary of Defense to report to Congress 
     on the status of implementing a requirement to make the 
     Uniform Code of Military Justice applicable to military 
     contractors during a time of war or a contingency operation.
       The House bill contained no similar provision.
       The House recedes with an amendment that would specify 
     matters to be addressed in the report.
     Report on family reunions between United States citizens and 
         their relatives in North Korea (sec. 1265)
       The Senate amendment contained a provision (sec. 1238) that 
     would require the President to submit to Congress, not later 
     than 180 days after the date of enactment of this Act, a 
     report on family reunions between United States citizens and 
     their relatives in North Korea.
       The House bill contained no similar provision.
       The Senate recedes with an amendment that would modify 
     elements of the required report.
       The conferees expect the report to include information 
     regarding what additional actions, if any, the President 
     considers desirable and feasible in order to facilitate safe 
     and transparent reunions of U.S. citizens and their relatives 
     in North Korea, wherever those reunions may take place.
       The conferees support the ongoing Six-Party Talks with 
     North Korea and placing the priority on the de-nuclearization 
     of the Korean peninsula, but note that normalization, which 
     would encompass a number of issues, is also being addressed 
     within the talks.
     Reports on prevention of mass atrocities (sec. 1266)
       The Senate amendment contained a provision (sec. 1239) that 
     would require both the Secretary of State and the Secretary 
     of Defense to submit a report not later than 120 days after 
     the date of enactment of this Act, to the congressional 
     defense committees, the Committee on Foreign Relations of the 
     Senate, and the Committee on Foreign Affairs of the House of 
     Representatives assessing their respective capabilities to 
     provide training and guidance to the command of an 
     international intervention force that seeks to prevent mass 
     atrocities.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     report to be due 180 days after the date of enactment of this 
     Act.
     Report on threats to the United States from ungoverned areas 
         (sec. 1267)
       The Senate amendment contained a provision (sec. 1042) that 
     would require the Secretary of Defense and the Secretary of 
     State, in coordination with the Director of National 
     Intelligence, to report on the threat posed to the United 
     States by ungoverned areas, especially as they relate to 
     terrorist groups and individuals who aim their activities at 
     the United States and its allies.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.

                   Legislative Provisions Not Adopted

     Limitation on assistance to the Government of Thailand
       The Senate amendment contained a provision (sec. 1215) that 
     would require the Secretary of Defense to notify the 
     Committees

[[Page H14950]]

     on Armed Services of the Senate and the House of 
     Representatives, the Senate Foreign Relations Committee, and 
     the House Foreign Affairs Committee 15 days prior to 
     obligating or expending funds to initiate any new types of 
     military assistance activities with Thailand.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the administration appears to have 
     conducted a judicious review of all ongoing assistance to the 
     Government of Thailand, and urge the administration to apply 
     a uniform standard when considering the provision of military 
     and other types of foreign assistance to that Government.
       The conferees also note that Thailand appears to be making 
     progress towards restoring civilian democracy in the country 
     via elections scheduled for December 2007, and urge the 
     current Government of Thailand to lift martial law 
     countrywide and take all necessary measures to ensure that 
     the elections are free and fair.
     Presidential report on policy objectives and United States 
         strategy regarding Iran
       The Senate amendment contained a provision (sec. 1216) that 
     would prohibit not more than 75 percent of the amount 
     authorized for the Office of the Under Secretary of Defense 
     for Policy from being obligated until the report required by 
     section 1213(b) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364) 
     is submitted to Congress.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the report was submitted.
     Report on Department of Defense efforts to build the capacity 
         of the Government of Iraq to carry out reconstruction 
         activities in Iraq
       The House bill contained a provision (sec. 1223) requiring 
     the Secretary of Defense to submit a report to Congress on 
     efforts of the Department of Defense to build the capacity of 
     the Government of Iraq to carry out reconstruction activities 
     in Iraq.
       The Senate amendment contained no similar provision.
       The House recedes.
     Sense of Congress on responsibilities of the Iraqi Council of 
         Ministers to enact laws to achieve political reform and 
         diminish support for the insurgency in Iraq
       The House bill contained a provision (sec. 1226) expressing 
     the sense of Congress that the Iraqi Council of 
     Representatives should not recess for an extended period of 
     time without first making substantial progress toward 
     enacting certain laws, other legislation, and constitutional 
     amendments.
       The Senate amendment contained no similar provision.
       The House recedes.
     Report on planning and implementation of the United States 
         engagement and policy toward Darfur
       The Senate amendment contained a provision (sec. 1234) that 
     would require a report on planning and implementation of the 
     United States engagement and policy toward Darfur.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that this reporting requirement has been 
     incorporated into another provision in title XII of this act.
     Report on progress of the Department of Defense's 
         counternarcotics program for Afghanistan
       The House bill contained a provision (sec. 1233) that would 
     require the Secretary of Defense to submit to Congress, not 
     later than 90 days after the date of enactment of this Act, a 
     report on the progress of the Department of Defense's 
     counternarcotics program for Afghanistan.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees note that House section 1233 and the 
     counternarcotics component of Senate section 1231 were 
     reconciled and incorporated in a larger report on U.S. policy 
     in Afghanistan that is included in another provision of this 
     Act.
       The conferees note with concern the administration's 
     renewed focus on aerial spraying as an option to be 
     considered by the Government of Afghanistan for non-
     negotiated forced eradication of opium poppies. The conferees 
     recommend that the Secretary of Defense evaluate the 
     potential consequences of aerial spraying, including the 
     impact on perceptions of the Afghan population, and on 
     achieving the larger strategic goals of the U.S. military in 
     Afghanistan.
     Sense of Congress concerning the strategic military 
         capabilities and intentions of the People's Republic of 
         China
       The House bill contained a provision (sec. 1244) that would 
     express the sense of Congress concerning the strategic 
     military capabilities and intentions of the People's Republic 
     of China.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees note China's continued investment in 
     strategic military capabilities that could be used to support 
     power projection and access denial operations beyond the Asia 
     Pacific region, and the lack of transparency surrounding the 
     strategic military capabilities and intentions relating to 
     China's military modernization. The Pentagon's 2006 
     Quadrennial Defense Review Report (QDR) found that China is 
     at a strategic crossroads and that, ``of the major and 
     emerging powers, China has the greatest potential to compete 
     militarily with the United States.'' The conferees note that 
     during the last year, China demonstrated such potential, 
     including the October 2006 broach of a Chinese SONG-class 
     diesel-electric submarine in close proximity to the USS Kitty 
     Hawk aircraft carrier in international waters and the January 
     2007 test of a direct ascent anti-satellite missile against a 
     Chinese weather satellite in low-earth orbit.
       The conferees encourage the Secretary of Defense to expand 
     efforts to develop an accurate assessment and understanding 
     of China's strategic military modernization and strategic 
     intentions, particularly with regard to its sea- and space-
     based strategic capabilities.
     Sense of Congress on the capture of Osama bin Laden and the 
         al Qaeda leadership
       The Senate amendment contained a provision (sec. 1544) that 
     would express 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.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the underlying concern motivating 
     this provision is addressed by another provision elsewhere in 
     this Act, and that the statement of managers accompanying 
     that provision contains the concerns expressed in the Senate 
     amendment.

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

     Specification of Cooperative Threat Reduction programs and 
         funds (sec. 1301)
       The Senate amendment contained a provision (sec. 1301) that 
     would specify the Cooperative Threat Reduction programs and 
     funds.
       The House bill contained a similar provision (sec. 1301).
       The House recedes.
     Funding allocations (sec. 1302)
       The House bill contained a provision (sec. 1302) that would 
     authorize $398.0 million for the Cooperative Threat Reduction 
     (CTR) program. The provision would also authorize a specific 
     amount for each CTR program element, require notification to 
     Congress 30 days before the Secretary of Defense obligates 
     and expends fiscal year 2008 funds for purposes other than 
     those specifically authorized, and provide limited authority 
     to vary the individual CTR program amounts. The authority to 
     vary the amount of funds for three of the program elements 
     would be limited to increases of no more than 125 percent of 
     the specific amount authorized. The Secretary would be 
     required to notify Congress 15 days in advance of varying the 
     amounts for any CTR program.
       The Senate amendment contained a similar provision (sec. 
     1302) that would authorize $448.0 million for the CTR 
     program; would not include the 125 percent limit on the 
     authority of the Secretary to vary the amounts in the CTR 
     program elements; and would include the 15 day notification 
     requirement.
       The House recedes with an amendment that would authorize 
     $428.0 million for the CTR program, an increase of $80.0 
     million above the budget request. The conferees agree to 
     provide $10.0 million for new CTR initiatives outside the 
     former Soviet Union to support the new authority for such 
     initiatives provided elsewhere in this Act. The conferees 
     agree to provide $5.0 million for chemical weapons 
     destruction in Libya, and $1.0 million for chemical weapons 
     destruction in Shchuch'ye, Russia. In the event the Secretary 
     is unable to use all or part of the authorized funding in 
     furtherance of this new authority, the Secretary may use such 
     funds for any other CTR program elements after the required 
     15 day notification period.
     Specification of Cooperative Threat Reduction programs in 
         states outside the former Soviet Union (sec. 1303)
       The Senate amendment contained a provision (sec. 1303) that 
     would amend section 1501 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201) 
     to permit the Department of Defense to conduct Cooperative 
     Threat Reduction programs outside the former Soviet Union 
     (FSU). The provision would specify the nature of the programs 
     that could be carried out.
       The House bill contained no similar provision.
       The House recedes with an amendment that would modify the 
     nature of the programs that could be carried out outside the 
     FSU and would include programs to facilitate safe and secure 
     transportation and storage of nuclear weapons, weapons 
     components and their delivery vehicles, and programs to 
     expand military-to-military and other defense contacts.
     Repeal of restrictions on assistance to states of the former 
         Soviet Union for Cooperative Threat Reduction (sec. 1304)
       The Senate amendment contained a provision (sec. 1305) that 
     would repeal certain provisions of the Soviet Nuclear Threat 
     Reduction Act of 1991 (Public Law 102-228), the Cooperative 
     Threat Reduction Act of 1993 (Public Law 103-160), and 
     section 1305 of the National Defense Authorization Act for 
     Fiscal

[[Page H14951]]

     Year 2000 (Public Law 106-65) that require a number of annual 
     certifications before any Cooperative Threat Reduction funds 
     may be obligated in any fiscal year. In addition, the 
     provision would repeal section 1303 of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375), which authorized the President to waive 
     the annual certification requirements. The provision would 
     also clarify application of certain other provisions of law.
       The House bill contained a similar provision (sec. 1305).
       The House recedes.
     Modification of authority to use Cooperative Threat Reduction 
         funds outside the former Soviet Union (sec. 1305)
       The House bill contained a provision (sec. 1306) that would 
     amend section 1308 of the National Defense Authorization Act 
     for Fiscal Year 2004 (2004 NDAA) (Public Law 108-136). 
     Section 1308 authorizes the President to utilize the 
     Cooperative Threat Reduction (CTR) program funds for 
     emergency or other short-term projects outside the former 
     Soviet Union (FSU). The House provision would amend section 
     1308 to allow the Secretary of Defense, with the concurrence 
     of the Secretary of State, to: utilize the CTR program funds 
     for an emergency; repeal the $50.0 million funding limitation 
     on the amount that could be obligated for an emergency; and 
     require the Secretary of Defense to notify Congress 15 days 
     prior to exercising this authority, unless such advance 
     notification would severely undermine the national security 
     of the United States, in which case the notification would be 
     made within 10 days of obligating CTR funds.
       The Senate amendment contained a similar provision (sec. 
     1304) but would not repeal the $50.0 million funding 
     limitation and would not modify the notification 
     requirements.
       The Senate recedes with an amendment that would make 
     clarifying changes and would permit the Secretary of Defense 
     and the Secretary of State to notify Congress no later than 
     10 days after the funds were obligated.
       The conferees note that prior to the enactment of the 2004 
     NDAA, CTR authority was limited to programs conducted in the 
     states of the FSU. Section 1308 of the 2004 NDAA provided 
     authority for the CTR program to address emergency or other 
     short-term projects outside the FSU. Elsewhere in this Act, 
     the conferees have included a provision that would provide 
     new authority for the CTR program to expand its programmatic 
     authority on a regular, non-emergency basis to states outside 
     the FSU. With this new authority, the utility of the section 
     1308 emergency authority may diminish. The conferees direct 
     the Secretary of Defense to submit, with the budget request 
     for the CTR program for fiscal year 2010, an assessment as to 
     whether there is a continued need for the emergency authority 
     provided by section 1308 of the 2004 NDAA.
     New initiatives for the Cooperative Threat Reduction program 
         (sec. 1306)
       The House bill contained a provision (sec. 1303) that would 
     set forth the sense of Congress that the Department of 
     Defense (DOD) should expand and strengthen the Cooperative 
     Threat Reduction (CTR) program. This would include expansion 
     of the scope of CTR program activities within Russia and the 
     former Soviet Union (FSU) as well as in states outside the 
     FSU, including those in Asia and the Middle East, and 
     specifically on the Korean Peninsula. In addition, the 
     provision would require the Secretary of Defense to enter 
     into an arrangement with the National Academy of Sciences 
     (NAS) under which the NAS would conduct a study that would 
     analyze possible options for strengthening and expanding the 
     CTR program and make related recommendations. The provision 
     would also require the Secretary to develop and submit to 
     Congress by March 31, 2008, a report on the NAS study 
     including the Secretary's assessment of the study together 
     with a specific action plan for new CTR initiatives.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would make 
     clarifying changes and would focus the scope of the NAS study 
     on identification of threats that are most appropriately 
     addressed by the CTR program. In addition, the amendment 
     would allow additional time for both the NAS study and the 
     report to be prepared by the Secretary.
       To ensure timely delivery of the study described in this 
     section, the conferees strongly urge all U.S. Government 
     departments or agencies that provide the NAS with access to 
     classified material for use in the study to complete promptly 
     any necessary classification reviews of the study or related 
     documents.
       The conferees recognize that there are a wide variety of 
     global threats arising from the proliferation of nuclear, 
     chemical, and biological weapons and weapons-related 
     materials, technologies, and expertise. The conferees 
     emphasize that addressing these threats will require the 
     resources of many agencies of the United States Government, 
     which in turn must be well coordinated with other states and 
     international entities working in broad partnerships. The 
     partnerships should also focus on national programs that can 
     be sustained in the long-term.
       The conferees expect that the NAS study and the Secretary's 
     report will provide an analysis of the threats that could be 
     addressed by the CTR program both within and outside the FSU. 
     The conferees hope that the NAS study will identify potential 
     opportunities for Russia and other states to work together 
     with the United States to establish deeper partnerships to 
     address these threats.
       The conferees support strengthening and expanding, as much 
     as possible, the programs designed to address these threats, 
     including the CTR program. The CTR program is critical to 
     U.S. national security and should be a top priority. 
     Significant progress has been made over the last 10 years, 
     but much remains to be done. The conferees believe the CTR 
     program would benefit from additional funding to support new 
     and expanded activities both within and outside the FSU. 
     Elsewhere in this Act, the conferees have included a number 
     of provisions and additional funding for the CTR program to 
     ensure that wherever possible, actions are taken to address 
     threats involving nuclear, chemical, and biological weapons 
     and weapons-related materials, technologies, and expertise.
     Report relating to chemical weapons destruction at 
         Shchuch'ye, Russia (sec. 1307)
       The House bill contained a provision (sec. 1304) that would 
     require the Secretary of Defense to notify the congressional 
     defense committees within 30 days of the commencement of 
     negotiations on, or the signing or finalization of, an 
     agreement with the Russian Federation that would change 
     implementation of the Shchuch'ye chemical weapons destruction 
     project, under the Cooperative Threat Reduction (CTR) 
     program, in any manner inconsistent with the purpose and 
     intent of the amounts authorized and appropriated for the 
     project. The provision would also require the Secretary to 
     submit a report to the congressional defense committees on 
     the Shchuch'ye chemical weapons destruction project, setting 
     forth a current and detailed cost estimate for project 
     completion and a specific strategic and operating plan for 
     project completion, which includes contractual arrangements, 
     plans for project management and oversight, quality assurance 
     and sustainability measures, metrics for measuring project 
     progress, coordination plans, and a project completion date. 
     In addition, the provision would prohibit the Secretary from 
     implementing any new or modified agreement with Russia 
     relating to the Shchuch'ye project, as described in the 
     provision, until 90 days after the report and the signed and 
     finalized agreement have been submitted to the congressional 
     defense committees, and the Secretary makes a series of 
     certifications with respect to the project.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary to submit a report to the congressional defense 
     committees only on the Shchuch'ye chemical weapons 
     destruction project. This report would include: a current and 
     detailed cost estimate for project completion; and a specific 
     strategic and operating plan for project completion setting 
     forth plans for project management and oversight, quality 
     assurance and sustainability measures, metrics for measuring 
     project progress, and a projected project completion date. 
     This report would be due no later than 90 days after the date 
     of enactment of this Act.
       The conferees believe that completion of the chemical 
     weapons destruction project at Shchuch'ye, Russia, should be 
     a high priority for the CTR program and urge the Secretary to 
     take necessary steps to ensure that the facility is 
     adequately supported so that it can begin to destroy the 
     stockpile of Russian chemical weapons as soon as possible.
     National Academy of Sciences study of prevention of 
         proliferation of biological weapons (sec. 1308)
       The Senate amendment contained a provision (sec. 1306) that 
     would require the Secretary of Defense to enter into an 
     arrangement with the National Academy of Sciences (NAS) under 
     which the NAS would carry out a study to identify areas for 
     cooperation with states outside the former Soviet Union under 
     the Cooperative Threat Reduction program to prevent the 
     proliferation of biological weapons and dual-use materials. 
     The provision would also require the Secretary to submit a 
     report on the NAS study, including the Secretary's assessment 
     of the NAS report and any actions the Secretary plans to take 
     to implement its recommendations, to the Committees on Armed 
     Services of the Senate and the House of Representatives on 
     December 31, 2008.
       The House bill contained no similar provision.
       The House recedes with an amendment that would make 
     clarifying changes and would modify the reporting requirement 
     so that the Secretary's report would be provided to Congress 
     90 days after receipt of the NAS report.
       To ensure timely delivery of the study described in this 
     section, the conferees strongly urge all U.S. Government 
     departments or agencies that provide the NAS with access to 
     classified material for use in the study to complete promptly 
     any necessary classification reviews of the study or related 
     documents.

                   Legislative Provision Not Adopted

     Clarification of amounts for Cooperative Threat Reduction 
         programs
       The House bill contained a provision (sec. 1307) that would 
     increase the amounts for the Cooperative Threat Reduction 
     program by $480,000.

[[Page H14952]]

       The Senate amendment contained no similar provision.
       The House recedes.

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

     Summary and explanation of tables
       This title contains funding authorizations for working 
     capital and revolving funds, the National Defense Sealift 
     Fund, the Defense Health Program, the destruction of chemical 
     munitions, drug interdiction and counterdrug activities, and 
     funding for the Department of Defense Inspector General and 
     other programs which contain elements of more than one type 
     of traditional funding account (such as procurement or 
     operation and maintenance) inside a single account.
       The conference agreement also includes funding for a 
     Strategic Readiness Fund which was included in title XVII of 
     the House bill and is included in title XIV of the conference 
     agreement.
       This title includes legislative proposals regarding the 
     national defense stockpile, and authorizes trust fund 
     expenditures for the Armed Forces Retirement Home, which is a 
     Department of Defense civil program funded outside the 
     national defense budget function.
       The following tables provide the program-level detailed 
     guidance for the funding authorized in title XIV of this Act. 
     The tables also display the funding requested by the 
     administration in the fiscal year 2008 budget request for 
     these programs, and indicate those programs for which the 
     conferees either increased or decreased the requested 
     amounts. Unless noted in this report, funding changes to the 
     budget request are made without prejudice.

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     Working capital funds (sec. 1401)
       The House bill contained a provision (sec. 302) that would 
     authorize fiscal year 2008 funds for Defense Working Capital 
     Funds and the National Defense Sealift Fund.
       The Senate amendment contained a similar provision for 
     working capital funds (sec. 1401).
       The conference agreement includes this provision.
     National Defense Sealift Fund (sec. 1402)
       The House bill contained a provision (sec. 302) that would 
     authorize fiscal year 2008 funds for the National Defense 
     Sealift Fund and for working capital funds.
       The Senate amendment contained a similar provision 
     authorizing appropriations for the National Defense Sealift 
     Fund (sec. 1402).
       The conference agreement includes this provision.
     Defense Health Program (sec. 1403)
       The House bill contained a provision (sec. 303) that would 
     authorize fiscal year 2008 funds for the Defense Health 
     Program and other programs.
       The Senate amendment contained a similar provision 
     authorizing appropriations for the Defense Health Program 
     (sec. 1403).
       The conference agreement includes this provision.
     Chemical agents and munitions destruction, Defense (sec. 
         1404)
       The House bill contained a provision (sec. 303) that would 
     authorize fiscal year 2008 funds for chemical agents and 
     munitions destruction and other programs.
       The Senate amendment contained a similar provision 
     authorizing appropriations for chemical agents and munitions 
     destruction (sec. 1404).
       The conference agreement includes this provision.
     Drug Interdiction and Counter-Drug Activities, Defense-wide 
         (sec. 1405)
       The House bill contained a provision (sec. 303) that would 
     authorize fiscal year 2008 funds for drug interdiction and 
     counterdrug activities and other programs.
       The Senate amendment contained a similar provision 
     authorizing appropriations for drug interdiction and 
     counterdrug activities (sec. 1405).
       The conference agreement includes this provision.
     Defense Inspector General (sec. 1406)
       The House bill contained a provision (sec. 303) that would 
     authorize fiscal year 2008 funds for the Department of 
     Defense Inspector General and other programs.
       The Senate amendment contained a similar provision 
     authorizing appropriations for the Inspector General (sec. 
     1406).
       The conference agreement includes this provision.

                 Subtitle B--National Defense Stockpile

     Authorized uses of National Defense Stockpile funds (sec. 
         1411)
       The House bill contained a provision (sec. 3301) that would 
     authorize the use of funds from the National Defense 
     Stockpile Transaction Fund for the operation and maintenance 
     of the National Defense Stockpile for fiscal year 2008.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Revisions to required receipt objectives for previously 
         authorized disposals from the National Defense Stockpile 
         (sec. 1412)
       The House bill contained a provision (sec. 3302) that would 
     authorize revisions on limitations in asset sales from the 
     National Defense Stockpile.
       The Senate amendment contained a similar provision (sec. 
     1413).
       The Senate recedes with an amendment that would amend 
     section 3402(b) of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65) to increase the 
     Department of Defense's stockpile commodity disposal 
     authority from $600.0 million to $710.0 million. The Senate 
     amendment would further amend section 3303(a) of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261), as amended by section 3302 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375), and section 3302(a) of 
     the National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163) to increase the Department's disposal 
     authority from $1,016.0 million to $1,066.0 million.
     Disposal of ferromanganese (sec. 1413)
       The Senate amendment contained a provision (sec. 1411) that 
     would require the Secretary of Defense to certify that 
     disposal of ferromanganese from the National Defense 
     Stockpile above 50,000 and 75,000 tons in fiscal year 2008 is 
     in the national defense interest, will not disrupt markets, 
     and is consistent with stockpile requirements. The Senate 
     amendment would also require the Department of Defense to 
     wait 30 days after certification before disposing of 
     additional ferromangangese.
       The House bill contained no similar provision.
       The House recedes with an amendment that would allow for 
     certification when the Department has contracts for 50,000 
     and 75,000 tons and would eliminate the 30-day wait period.
     Disposal of chrome metal (sec. 1414)
       The Senate amendment contained a provision (sec. 1412) that 
     would require the Secretary of Defense to certify that 
     disposal of chrome metal from the National Defense Stockpile 
     above 500 and 750 short tons in fiscal year 2008 is in the 
     national defense interest, will not disrupt markets, and is 
     consistent with stockpile requirements. The Senate amendment 
     would also require the Department of Defense to wait 30 days 
     after certification before disposing of additional chrome 
     metal.
       The House bill contained no similar provision.
       The House recedes.

                Subtitle C--Armed Forces Retirement Home

     Authorization of appropriations for Armed Forces Retirement 
         Home (sec. 1421)
       The House bill contained a provision (sec. 422) that would 
     authorize $61.6 million to be appropriated for fiscal year 
     2008 from the Armed Forces Retirement Home Trust Fund for 
     operation of the Armed Forces Retirement Home.
       The Senate amendment contained an identical provision (sec. 
     1421).
       The conference agreement includes this provision.
     Administration and oversight of the Armed Forces Retirement 
         Home (sec. 1422)
       The Senate amendment contained a provision (sec. 1422) that 
     would amend the Armed Forces Retirement Home Act of 1991 to 
     require: (1) treatment of the Armed Forces Retirement Home as 
     a military facility of the Department of Defense for the 
     purpose of entering into contracts, agreements, or 
     transactions regarding real property; (2) accreditation by a 
     nationally recognized civilian accrediting organization for 
     each aspect of each facility of the Retirement Home; (3) 
     appointment of a Chief Medical Officer of the Retirement 
     Home; and (4) the Inspector General of the Department of 
     Defense to inspect the Retirement Home every 2 years.
       The House bill contained no similar provision.
       The House recedes with an amendment that would: (1) provide 
     that the administration of the Retirement Home remains under 
     the direct authority, control, and administration of the 
     Secretary of Defense, (2) require the Secretary of Defense to 
     designate the Deputy Director of the TRICARE Management 
     Activity to serve as the senior medical advisor for the 
     Retirement Home; and (3) require the Inspector General of the 
     Department of Defense to inspect the Retirement Home in any 
     year in which a facility of the Retirement Home is not 
     inspected by a nationally recognized civilian accrediting 
     organization. The amendment deleted the requirement that the 
     Retirement Home be treated as a military facility of the 
     Department of Defense for the purpose of entering into 
     contracts, agreements, or transactions regarding real 
     property.

                   Legislative Provisions Not Adopted

     Additional amount for drug interdiction and counterdrug 
         activities with respect to Afghanistan
       The Senate amendment contained a provision (sec. 1405A) 
     that would transfer funding for drug interdiction and 
     counterdrug activities in Afghanistan between titles of this 
     Act.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report.
     Reduction in certain authorizations due to savings from lower 
         inflation
       The Senate amendment contained a provision (sec. 1407) that 
     would reduce the amounts authorized in Division A of this Act 
     by $1.6 billion to bring the inflation assumptions applicable 
     to purchases by the Department of Defense for fiscal year 
     2008 in line with the economic assumptions previously adopted 
     by Congress in the budget resolution for fiscal year 2008.
       The House bill contained no similar provision.
       The Senate recedes.
     Pilot program to establish an Army Wounded Warrior battalion 
         at an appropriate active duty base
       The House bill contained a provision (sec. 1419) that would 
     require the Secretary of the Army to establish a pilot 
     program, known as the Army Wounded Warrior Program, based on 
     the Wounded Warrior Regiment program of the Marine Corps.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferrees are aware that the Army has already 
     established Warrior Transition Units that are similar in 
     function to the Marine Wounded Warrior Regiment program.
     Establishment of medical support fund for support of members 
         of the armed forces returning to military service or 
         civilian life
       The House bill contained a provision (sec. 1422) that would 
     require the establishment of a medical support fund on the 
     books of the Treasury to support programs and activities 
     relating to the medical treatment, care, rehabilitation, 
     recovery, and support of wounded and injured service members 
     and their families, and authorized $50.0 million for the 
     fund.
       The Senate amendment contained no similar provision.
       The House recedes.
     Oversight Board for Wounded Warriors
       The House bill contained a provision (sec. 1423) that would 
     require the establishment of a 12 member board to be known as 
     the Oversight Board for Wounded Warriors to provide oversight 
     of medical care, quality of life, administrative processing, 
     and family programs supporting wounded warriors and to

[[Page H14958]]

     provide advice and counsel to Congress and the Department of 
     Defense about how the programs can be made more efficient and 
     effective.
       The Senate amendment contained no similar provision.
       The House recedes.
     Study and report of waiting periods for appointments at 
         Department of Veterans Affairs medical facilities
       The House bill contained a provision (sec. 1438) that would 
     require the Secretary of Veterans Affairs to conduct a study 
     on the average length of time between the desired date for 
     which a veteran seeks to schedule an appointment for health 
     care at a Department of Veterans Affairs medical facility and 
     the date on which such appointment is completed.
       The Senate amendment contained no similar provision.
       The House recedes.
     Increase in physicians at hospitals of the Department of 
         Veterans Affairs
       The House bill contained a provision (sec. 1453) that would 
     require the Secretary of Veterans Affairs to increase the 
     number of resident physicians at hospitals of the Department 
     of Veterans Affairs.
       The Senate amendment contained no similar provision.
       The House recedes.

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

     Overview
       The President's budget as submitted in February requested 
     $141.7 billion in emergency funding for the Department of 
     Defense for Operation Iraqi Freedom (OIF), Operation Enduring 
     Freedom (OEF), and for other purposes, including some of the 
     ``grow the force'' costs of increasing Army and Marine Corps 
     active-duty personnel levels. The Concurrent Resolution on 
     the Budget for Fiscal Year 2008 fully funded this amount.
       After the House and Senate bills had been reported, and the 
     Concurrent Resolution on the Budget had been adopted, the 
     President submitted two additional budget amendments. On July 
     31, 2007, the President requested an additional $5.3 billion 
     for Mine-Resistant Ambush Protected (MRAP) vehicles. On 
     October 22, 2007, the President requested an additional $42.3 
     billion for operations in Iraq and Afghanistan and for other 
     purposes, bringing the total requested for war-related 
     purposes for fiscal year 2008 to $189.3 billion.
       The summary table and detailed tables that follow summarize 
     the funding requested in February, July, and October as 
     emergency spending for these operations, together with the 
     conferee's actions on these requests. Funding for Department 
     of Defense operations in Iraq and Afghanistan, with the 
     exception of funding for military construction projects to 
     support these operations, is included in title XV of this 
     Act. Funding for military construction projects in Iraq and 
     Afghanistan is included in title XXIX of this Act.

                         Explanation of Tables

     Explanation of tables
       The following tables provide the program-level detailed 
     guidance for the funding authorized in title XV of this Act. 
     The tables also display the funding requested by the 
     administration in the fiscal year 2008 budget request for 
     war-related programs, and indicate those programs for which 
     the conferees either increased or decreased the requested 
     amounts. Unless noted in this report, funding changes to the 
     budget request are made without prejudice.

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[[Page H15057]]

                     Legislative Provisions Adopted

     Purpose (sec. 1501)
       The House bill contained a provision (sec. 1501) that would 
     state the purpose of the funds provided in this title and 
     would also state a policy with respect to the provision of 
     such funds.
       The Senate amendment contained a similar provision (sec. 
     1521).
       The Senate recedes with an amendment to delete the 
     statement of policy.
     Army procurement (sec. 1502)
       The House bill contained a provision (sec. 1502) that would 
     authorize additional fiscal year 2008 funds for Army 
     procurement to support operations in Iraq and Afghanistan.
       The Senate amendment contained a similar provision (sec. 
     1501).
       The conference agreement includes this provision.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Navy and Marine Corps procurement (sec. 1503)
       The House bill contained a provision (sec. 1503) that would 
     authorize additional fiscal year 2008 funds for Navy and 
     Marine Corps procurement to support operations in Iraq and 
     Afghanistan.
       The Senate amendment contained a similar provision (sec. 
     1502).
       The conference agreement includes this provision.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Air Force procurement (sec. 1504)
       The House bill contained a provision (sec. 1504) that would 
     authorize additional fiscal year 2008 funds for Air Force 
     procurement to support operations in Iraq and Afghanistan.
       The Senate amendment contained a similar provision (sec. 
     1503).
       The conference agreement includes this provision.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Joint Improvised Explosive Device Defeat Fund (sec. 1505)
       The House bill contained a provision (sec. 1505) that would 
     authorize additional fiscal year 2008 funds for the Joint 
     Improvised Explosive Device Defeat Fund to support operations 
     in Iraq and Afghanistan.
       The Senate amendment contained a similar provision (sec. 
     1510).
       The conference agreement includes this provision.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Defense-wide activities procurement (sec. 1506)
       The House bill contained a provision (sec. 1506) that would 
     authorize additional fiscal year 2008 funds for defense-wide 
     procurement to support operations in Iraq and Afghanistan.
       The Senate amendment contained a similar provision (sec. 
     1504).
       The conference agreement includes this provision.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Research, Development, Test, and Evaluation (sec. 1507)
       The House bill contained a provision (sec. 1507) that would 
     authorize additional fiscal year 2008 funds for Research, 
     Development, Test, and Evaluation to support operations in 
     Iraq and Afghanistan.
       The Senate amendment contained a similar provision (sec. 
     1505).
       The conference agreement includes this provision.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Operation and maintenance (sec. 1508)
       The House bill contained a provision (sec. 1508) that would 
     authorize additional fiscal year 2008 funds for operation and 
     maintenance programs.
       The Senate amendment contained a similar provision (sec. 
     1506).
       The conference agreement includes this provision.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Working capital funds (sec. 1509)
       The House bill contained a provision (sec. 1509) that would 
     authorize additional fiscal year 2008 funds for Defense 
     Working Capital Funds and the National Defense Sealift Fund 
     to support operations in Iraq and Afghanistan.
       The Senate amendment contained a similar provision for 
     working capital funds (sec. 1514) and for the National 
     Defense Sealift Fund (sec. 1515).
       The conference agreement includes this provision.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Other Department of Defense programs (sec. 1510)
       The House bill contained a provision (sec. 1510) that would 
     authorize additional fiscal year 2008 funds for the Defense 
     Health Program, drug interdiction and counterdrug activities, 
     and the Inspector General to support operations in Iraq and 
     Afghanistan.
       The Senate amendment contained similar separate provisions 
     (sects. 1508, 1509, and 1516) for these programs.
       The conference agreement includes this provision.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Iraq Freedom Fund (sec. 1511)
       The House bill contained a provision (sec. 1511) that would 
     authorize additional fiscal year 2008 funds for the Iraq 
     Freedom Fund.
       The Senate amendment contained a similar provision (sec. 
     1513).
       The conference agreement includes this provision.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Iraq Security Forces Fund (sec. 1512)
       The House bill contained a provision (sec. 1512) that would 
     authorize additional fiscal year 2008 funds for the Iraq 
     Security Forces Fund.
       The Senate amendment contained a similar provision (sec. 
     1511).
       The House recedes with an amendment that would require 
     notification to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives of any contributions to this fund from 
     foreign governments or other outside entities.
     Afghanistan Security Forces Fund (sec. 1513)
       The House bill contained a provision (sec. 1513) that would 
     authorize additional fiscal year 2008 funds for the Iraq 
     Security Forces Fund.
       The Senate amendment contained a similar provision (sec. 
     1512).
       The House recedes with an amendment that would require 
     notification to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives of any contributions to this fund from 
     foreign governments or other outside entities.
     Military personnel (sec. 1514)
       The House bill contained a provision (sec. 1514) that would 
     authorize additional fiscal year 2008 funds for active and 
     reserve component military personnel programs to support 
     operations in Iraq and Afghanistan.
       The Senate amendment contained a similar provision (sec. 
     1507).
       The conference agreement includes this provision.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
       [Addition in millions of dollars]
       Yellow Ribbon Reintegration Program 73.0
     Strategic Readiness Fund (sec. 1515)
       The House bill contained a provision (sec. 1708) that would 
     authorize $1.0 billion for a Strategic Readiness Fund.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Treatment as additional authorizations (sec. 1516)
       The House bill contained a provision (sec. 1518) that would 
     state that the amounts authorized to be appropriated in title 
     XV of this Act are in addition to any other amounts 
     authorized in this Act.
       The Senate amendment contained an identical provision (sec. 
     1522).
       The conference agreement includes this provision.
     Special transfer authority (sec. 1517)
       The Senate amendment included a provision (sec. 1523) that 
     would authorize the transfer of up to $3.5 billion of war-
     related funding authorizations in this title among the 
     accounts in this title. This special transfer authority is in 
     addition to the general transfer authority contained in 
     section 1001 of this Act, but the same reprogramming 
     procedures applicable to transfers under section 1001 would 
     also apply to transfers under this section.
       The House bill contained no similar provision.
       The House recedes.

                              Budget Items

     Army tactical radio modernization plans
       The budget request included $2.3 billion in Other 
     Procurement, Army for single channel ground and airborne 
     radios (SINCGARS).
       The House bill would decrease this amount by $754.0 
     million.
       The Senate bill would decrease this amount by $375.0 
     million.
       The conference outcome is reflected in the tables of this 
     report in Other Procurement, Army, line 34.
       The conferees strongly support the goal of providing more 
     communications capability to all echelons of the Army. Based 
     on current operational experience, it is clear to the 
     conferees that in order to maintain the Army's current 
     dominance in land warfare, the Army must significantly 
     increase its tactical communications capability.
       While the conferees are supportive of the overall effort to 
     improve Army communications and properly equip near-term 
     deploying units, the conferees believe that the Army's long-
     term tactical modernization plan lacks sufficient analysis of 
     future Army communications needs, is not synchronized with 
     other Army and Department of Defense programs, and does not 
     account for future Army modernization funding projections.
       Specifically, the conferees are concerned that the Army's 
     continued desire to procure thousands more SINCGARS radios is 
     not consistent with the Army's plan for a future

[[Page H15058]]

     battlefield network that requires: dramatic increases in 
     bandwidth for data transmission; significantly better network 
     security; more flexible systems that can operate across a 
     wider electronic spectrum; and systems that increase joint 
     and coalition interoperability.
       In addition, the conferees note that the Army continues to 
     request funding for SINCGARS radios in spite of an Army 
     Science Board study that recommended the Army stop SINCGARS 
     procurement and that the Army cannot execute the full amount 
     of SINCGARS funding requested due to limited production 
     capacity. Further, the conferees are concerned that the 
     Army's plans for continued SINCGARS radio procurement do not 
     fully address the National Security Agency's goals for 
     encryption modernization and are inconsistent with the Marine 
     Corps decision to cease procurement of SINCGARS radios.
       The conferees also believe that the Army's plan to acquire 
     additional legacy tactical radios is not aligned with the 
     goals of the Joint Tactical Radio System (JTRS) program. The 
     conferees are concerned that the acquisition of thousands 
     more SINCGARS radios will seriously undermine the Army's 
     investment in the JTRS program. By reducing its future demand 
     for the more capable JTRS radio, the Army will significantly 
     increase the unit cost of JTRS systems for the Army and other 
     services. Finally, the conferees note that the Army's plan to 
     continue procurement of thousands of SINCGARS radios will 
     impede efforts of the JTRS program to move the military 
     services toward a standards-based acquisition model for 
     tactical radios that encourages competition and avoids sole-
     source production dependency.
       The conferees urge the Army and the Assistant Secretary of 
     Defense for Networks and Information Integration (ASD(NII)) 
     to reexamine the Army's current tactical radio modernization 
     plan. Specifically, the conferees strongly encourage the Army 
     and ASD (NII) to develop a strategy for tactical radio 
     modernization that focuses on the future. The conferees 
     strongly support continued research and development 
     investments in the JTRS program. However, the conferees 
     understand that JTRS will not be available in large numbers 
     for several more years and that the Army's plan for 
     procurement of JTRS radios is not fully defined.
       In the interim, the conferees agree that the Army should 
     invest in a limited number of tactical radio systems that 
     meet JTRS Software Communications Architecture (SCA) 
     standards, and provide improvements in bandwidth capacity, 
     programmable encryption, spectrum flexibility, and 
     interoperability necessary for the Army to realize its future 
     battlefield network plan. The conferees believe that over-
     investment in legacy systems will not give the Army 
     flexibility to properly integrate JTRS radios and build its 
     future network. If the Army procures any additional legacy 
     radio systems prior to the fielding of the JTRS radio, it 
     should only procure the minimum number needed to fill urgent 
     short-term needs for deploying units. As it makes these 
     limited investments, the conferees encourage the Army to 
     avoid new or extended, long-term sole-source tactical radio 
     procurement contracts that may limit the Army's options in 
     the future.
     Blast injury research
       Blast injury from improvised explosive devices (IEDs) 
     continues to be the most significant cause of American 
     casualties in Iraq. The conferees are concerned that the 
     Department of Defense has not appropriately allocated 
     resources provided for the defeat of IEDs to the full range 
     of efforts necessary to defeat the IED threat, including much 
     needed research and training on the prevention, mitigation, 
     and treatment of blast injuries. Section 256 of the National 
     Defense Authorization Act for Fiscal Year 2006 (Public Law 
     109-163) established a Department of Defense-wide program to 
     prevent, mitigate, and treat blast injuries. The conferees 
     expect that the Joint Improvised Explosive Device Defeat 
     Office (JIEDDO), in accordance with the 2006 Act, will be a 
     partner in the Department-wide efforts to coordinate, manage, 
     and fund research efforts for medical blast research.
       To support these efforts, the conferees direct that JIEDDO 
     fund, through interagency transfer of resources as 
     appropriate, blast-related research, training, and 
     programmatic activities which have been identified as high 
     priorities by the DOD executive agent and the centers of 
     excellence established under section 1621 of this Act, at a 
     level of not less than $50.0 million in fiscal year 2008. 
     These include, but are not limited to: research and 
     development of diagnostics, training, and treatment for 
     traumatic brain injury and post-traumatic stress disorder; 
     collection, storage, and integration of operational, medical, 
     and protective equipment performance data associated with 
     wounding and non-wounding events; body surface wound mapping 
     for investigation of wounding patterns to be included in body 
     armor design; research and training to prevent traumatic eye 
     injury and cranial-facial injury; research to enhance 
     prevention, healing, and quality of life relating to burns; 
     advanced prosthetics; and enhanced research on hemorrhage 
     control.
       Further, the conferees direct JIEDDO to report to the 
     congressional defense committees on the actions taken, 
     including funding, to fulfill these requirements, no later 
     than March 1, 2008.
     Grow the force transfer
       The budget request for the global war on terror included 
     $689.4 million in Operation and Maintenance, Army (OMA) to 
     fund the planned growth of the Army's end strength for fiscal 
     year 2008.
       The House bill would authorize $689.4 million in OMA of 
     title XV.
       The Senate amendment would authorize $689.4 million in OMA 
     of title III.
       The conferees agree to authorize $689.4 for growth of the 
     Army's end strength in OMA of title XV of this Act.

                       Items of Special Interest

     Reactive armor for EFP protection
       The amended budget request for the war-related budget 
     includes $27.5 million in PE 62618A for ballistics 
     technology. Of that amount, $20.0 million is for development 
     of armor capable of countering explosively formed projectiles 
     (EFPs).
       The conferees understand that reactive armor technology may 
     provide an effective solution at lower weight than existing 
     designs. Furthermore, modeling and design tools are available 
     that would allow a candidate reactive armor system to be 
     designed and evaluated rapidly, followed by fabrication and 
     testing. The conferees direct that the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics 
     (USD(AT&L)) ensure that the Army and the Joint Improvised 
     Explosive Defeat Organization conduct a robust technology 
     analysis as rapidly as possible to determine whether reactive 
     armor would provide superior protection against EFPs and to 
     determine the potential for weight reduction with a longer-
     term effort to optimize the reactive armor system. The 
     conferees direct the USD(AT&L) to inform the congressional 
     defense committees by letter within 60 days of enactment of 
     this Act of his findings and plans on this matter.

                   Legislative Provision Not Adopted

     Improvised explosive device protection for military vehicles
       The Senate amendment contained a provision (sec. 1543) that 
     would authorize $23.6 billion for the procurement of mine 
     resistant ambush protected military vehicles.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Other Procurement, Army, line 9a.
     Reports on mitigation of effects of explosively formed 
         projectiles and mines
       The Senate amendment contained a provision (sec. 1517) that 
     would require the Secretary of Defense to submit to the 
     congressional defense committees reports on four items: (1) 
     explosively formed projectiles (EFPs); (2) Mine Resistant 
     Ambush Protected (MRAP) vehicles; (3) tactical wheeled 
     vehicle strategy; and (4) long-term armoring strategy.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees direct the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics to report to the 
     congressional defense committees no later than 120 days after 
     enactment of this Act, on the following items: (1) a plan for 
     improving capabilities to mitigate the effects of EFPs; (2) 
     plans for armor upgrades, and their impact on system 
     performance and sustainment; (3) the impact of the MRAP 
     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; and (4) plans for the Joint Light Tactical Vehicle 
     program, including an assessment of the continued validity of 
     previously adopted key performance parameters.
       The conferees note that the MRAP has been designated the 
     Department's highest acquisition priority by the Secretary of 
     Defense. The conferees believe this designation is 
     appropriate and will continue to work with the Department to 
     ensure this critical force protection program is adequately 
     funded. The conferees urge the Department to protect to the 
     maximum extent possible the current engineering and 
     technology of the MRAP vehicle, as well as subsequent 
     improvements to the survivability of MRAP vehicles. Further, 
     the conferees note that the MRAP is not the final solution to 
     combat the improvised explosive devices and other asymmetric 
     threats to tactical vehicles faced by the warfighter in Iraq 
     and Afghanistan, and the conferees urge the Department to be 
     ready to respond quickly as these threats evolve.

                   TITLE XVI--WOUNDED WARRIOR MATTERS

     Wounded Warrior Act--overview
       ``The willingness with which our young people are likely to 
     serve in any war, no matter how justified, shall be directly 
     proportional as to how they perceive the Veterans of earlier 
     wars were treated and appreciated by their country.''--
     General and President George Washington 1789
       In fulfillment of President Washington's vision, American 
     soldiers, sailors, airmen, and marines receive the finest 
     medical care available in the world. Through advances in 
     medicine and battlefield care, the U.S. military has achieved 
     the lowest war mortality rate in history in Operation Iraqi 
     Freedom and Operation Enduring Freedom. An Independent Review 
     Group appointed by Secretary of Defense Robert Gates to 
     investigate inadequacies at Walter Reed Army

[[Page H15059]]

     Medical Center in February 2007 confirmed that, ``. . . the 
     evolution of rapid joint battlefield medical response, rapid 
     evacuation with intensive care, quality air transportation, 
     and unsurpassed trauma care have yielded unprecedented 
     survival rates for our combat forces.''
       Yet despite this remarkable record of accomplishment, 
     reports beginning on February 18, 2007 by the Washington Post 
     illuminated inadequacies and failures at Walter Reed Army 
     Medical Center. Subsequent independent investigations and 
     hearings by congressional committees revealed the need for 
     system-wide improvements in outpatient care, transition of 
     recovering service members between the Department of Defense 
     and Department of Veterans Affairs health care systems, and 
     performance of the Departments' physical disability 
     evaluation systems. In addition, as a consequence of improved 
     battlefield care, increasing numbers of service members are 
     surviving with complex, multiple injuries, traumatic brain 
     injury, post-traumatic stress disorder, and other mental 
     health conditions.
       Following the revelations at Walter Reed, both the House of 
     Representatives and the Senate adopted bills to improve the 
     management of medical care, disability evaluations, personnel 
     actions, and quality of life for members of the armed forces 
     recovering from illness or injury received during the war. On 
     March 28, 2007, the House of Representatives adopted the 
     ``Wounded Warrior Assistance Act of 2007''. The Senate 
     adopted the ``Dignified Treatment of Wounded Warriors Act'' 
     on July 25, 2007.
       This conference report includes provisions from each bill. 
     Taken as a whole, it advances the care, management, and 
     transition of recovering service members, enhances health 
     care and benefits for families, and begins the process of 
     fundamental reform of the Department of Defense and 
     Department of Veterans Affairs disability evaluation systems. 
     The conference report is the result of bipartisan efforts in 
     the Senate and the House of Representatives by both the 
     Committees on Armed Services and the Committees on Veterans 
     Affairs. It also includes, in particular, many 
     recommendations of the President's Commission on Care for 
     America's Returning Wounded Warriors.
       In completing its work on the National Defense 
     Authorization Act for 2008, the conferees express deep 
     gratitude to U.S. service members and their families for 
     their sacrifice and courage in service to their country. We 
     are grateful for the work of outstanding medical personnel 
     whose skill and dedication have saved or prolonged the lives 
     of more than 30,000 service members who, as of this date, 
     have benefitted from their care.
       The conferees acknowledge that additional work remains to 
     be done in order to achieve permanent improvements for 
     wounded and ill service members. The conferees are committed 
     to continued progress toward that goal, through oversight of 
     actions now underway within the executive branch, 
     consideration of findings of public and independent 
     organizations, dialogue with recovering service members and 
     their families, and enactment of additional laws as they are 
     needed.
       Together with all who share the goal of improving care for 
     ill and injured service members and veterans, we will work to 
     achieve the vision of our Nation's founders--to manifest not 
     only appreciation and gratitude toward those who have borne 
     the battle, but also to provide the highest quality care to 
     U.S. service members and their families.
     Short title (sec. 1601)
       The Senate amendment contained a provision (sec. 1601) that 
     would provide that this title may be cited as the ``Dignified 
     Treatment of Wounded Warriors Act''.
       The House bill contained no similar provision.
       The House recedes with an amendment that would provide that 
     this title may be cited as the ``Wounded Warrior Act''.
     General definitions (sec. 1602)
       The House bill contained a provision (sec 1401) that would 
     define terms used in the title on wounded warrior assistance.
       The Senate amendment contained a provision (sec. 1602) that 
     would define the terms used in the Dignified Treatment of 
     Wounded Warriors Act.
       The House recedes with an amendment that would define terms 
     used in the Wounded Warrior Act.
     Consideration of gender-specific needs of recovering service 
         members and veterans (sec. 1603)
       The Senate amendment contained a provision (sec. 1612) that 
     would require the Secretary of Defense and the Secretary of 
     Veterans Affairs to take into account and fully address any 
     unique specific needs of women members of the armed forces 
     and women veterans in developing and implementing a 
     comprehensive policy on care, management, and transition of 
     members of the armed forces with serious injuries or 
     illnesses.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Defense and the Secretary of Veterans Affairs to 
     take into account and fully address any unique gender-
     specific needs of recovering servicemembers and veterans when 
     developing and implementing the policy required by the 
     Wounded Warrior Act.

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

     Comprehensive policy on improvements to care, management, and 
         transition of recovering service members (sec. 1611)
       The House bill contained a series of provisions that would 
     make improvements to medical and dental care for members of 
     the armed forces assigned to hospitals in an outpatient 
     basis.
       The House bill contained a provision (sec. 1411) that would 
     amend chapter 55 of title 10, United States Code, to 
     establish requirements for the duties, training, supervision, 
     and workload of medical care case managers and service member 
     advocates. The provision would also require the secretary 
     concerned to conduct semiannual surveys of members in an 
     outpatient status.
       The House bill contained a provision (sec. 1418) that would 
     require the Secretary of Defense to report to appropriate 
     congressional committees on recommendations to improve 
     training provided to health care professionals, medical care 
     case managers, and service member advocates, in particular to 
     ensure that such personnel were adequately trained to detect 
     the early warning signs of post-traumatic stress disorder, 
     suicidal or homicidal thoughts or behaviors, and other 
     behavioral health conditions. The provision would require an 
     annual review of such training, and development of a system 
     to track any notifications made by care managers regarding 
     the early warning signs of post-traumatic stress disorder.
       The House bill contained a provision (sec. 1424) that would 
     require the Secretary of Defense to expand the opportunities 
     for recovering service members of the reserve components in 
     an outpatient status to receive care at a military treatment 
     facility closest to the member's home, rather than closest to 
     the base from which the member was deployed.
       The House bill contained a provision (sec. 1437) that would 
     require the Secretary of Defense to conduct a study on the 
     feasibility of developing a joint soldier patient tracking 
     system that would provide transparency at all times on the 
     location and status of recovering service members.
       The House bill contained a provision (sec. 1439) that would 
     require the Secretary of Defense to conduct a study on the 
     feasibility of measuring family members' satisfaction with 
     health care services.
       The Senate amendment contained a provision (sec. 1611) that 
     would require the Secretary of Defense and the Secretary of 
     Veterans Affairs to develop and implement, by January 1, 
     2008, a comprehensive policy on the care, management, and 
     transition of members of the armed forces with serious 
     injuries or illnesses. The provision would require that the 
     policy address detailed requirements concerning: (1) the care 
     and management of covered service members in a medical hold 
     status or on the temporary disability retired list (including 
     specific standards for access to medical care services); (2) 
     the medical evaluation and disability evaluation systems for 
     severely injured and ill service members; (3) the return of 
     recovered service members to active duty when appropriate; 
     and (4) the transition of service members from the Department 
     of Defense to the Department of Veterans Affairs.
       The provision also would require that the Secretaries 
     complete a review of all applicable policies and procedures 
     of the Departments to identify potential shortfalls in those 
     policies, and to consider the findings and recommendations of 
     numerous commissions established to examine Department of 
     Defense and veterans health care and compensation. The 
     provision also would require a report on any reduction in 
     disability ratings by the Department of Defense.
       The Senate amendment contained a provision (sec. 257) that 
     would require a study of a standard soldier tracking system 
     in conjunction with pilot projects to be conducted to improve 
     the disability evaluation systems of the Departments of 
     Defense and Veterans Affairs.
       The Senate amendment contained a provision (sec. 705) that 
     would express 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.
       The conference agreement includes a provision that would 
     integrate these provisions into a single requirement to 
     develop and implement a comprehensive policy by July 1, 2008, 
     on improvements to the care, management, and transition of 
     recovering service members. The agreement would add a 
     requirement for recovery plans and recovery coordinators, and 
     require the Secretary of Defense to establish maximum 
     workload amounts for recovery coordinators, medical and non-
     medical care managers, and minimum standards for access to 
     health care services. The conference agreement would also add 
     a requirement for policy on the relocation of any military 
     personnel found to be housed in substandard outpatient 
     facilities. Other areas included in the conference report 
     would require procedures for referral of recovering service 
     members to appropriate public and private entities for needed 
     health care services, and care and job placement services for 
     family members of recovering service members. The conference 
     agreement would authorize the Secretary of Defense to apply 
     policies for the care, management, and transition of members 
     on the temporary disability retired list to those members as 
     the Secretary deems appropriate.

[[Page H15060]]

       The conferees acknowledge that the Secretaries of Defense 
     and Veterans Affairs have established a Senior Oversight 
     Committee and specific subgroups to address many of the 
     policy improvements required by this section. The conferees 
     intend that the improvements identified be established in 
     consistent policies throughout the Department of Defense, and 
     to the extent feasible, with the Department of Veterans 
     Affairs. The conferees intend that this policy will be 
     established and implemented in the near future, and expect 
     that it will be periodically updated as best practices and 
     improved approaches are discovered.
       The conferees direct that the Secretary of Defense provide 
     a report to the Committees on Armed Services of the Senate 
     and the House of Representatives within 30 days of enactment 
     of this Act, and every 90 days thereafter, which describes:
       (1) the standards for maximum case workloads for recovery 
     coordinators, and medical and non-medical managers which are 
     in effect for recovering service members;
       (2) the standards in effect for the frequency of periodic 
     face-to-face reviews of the medical status of recovering 
     service members;
       (3) the standards in effect setting forth minimum periods 
     of time for access to health care services for recovering 
     service members;
       (4) the performance of the Department in maintaining all 
     such standards; and
       (5) any deviation from the standard and the reasons for 
     such deviation.
       The conferees will closely monitor the performance of the 
     Departments in achieving improvements in policy and practices 
     related to recovering service members and will take into 
     consideration such performance in development of future 
     legislative requirements.
     Medical evaluations and physical disability evaluations of 
         recovering service members (sec. 1612)
       The House bill contained a provision (sec. 1415) that would 
     add a requirement to section 1222 of title 10, United States 
     Code, to require the secretary of each military department to 
     appoint an independent medical advocate for members before a 
     medical evaluation board to serve as an advocate for the best 
     interests of the member and to advise the member regarding 
     the member's medical condition and recommendations of the 
     medical evaluation board.
       The House bill contained a provision (sec. 1416) that would 
     amend section 1222 of title 10, United States Code, to 
     require the Secretary of Defense to establish the maximum 
     workload that could be assigned to physical evaluation board 
     liaison officers, and would require a standardized training 
     program for such officers.
       The House bill contained a provision (sec. 1417) that would 
     amend section 1216 of title 10, United States Code, to 
     require the Secretary of Defense to establish a standardized 
     training program and curriculum for the Department's 
     disability evaluation system for commanders, enlisted 
     members, health care professionals, and others involved in 
     the disability evaluation system.
       The House bill contained a provision (sec. 1433) that would 
     require the Secretary of Defense and the Secretary of 
     Veterans Affairs to conduct a joint evaluation of the 
     disability evaluation systems used by the Departments in 
     order to improve the consistency of the two systems, and to 
     evaluate the feasibility of consolidating them into a single 
     system.
       The Senate amendment contained a provision (sec. 
     1611(d)(2)) that would require that the comprehensive policy 
     on the care and management of covered members provide 
     processes, procedures, and standards for medical evaluations 
     and physical disability evaluations of covered service 
     members.
       The House recedes with an amendment that would require the 
     Secretary of Defense to develop a policy on: improvements for 
     the conduct by the military departments of medical 
     evaluations of recovering service members that include 
     uniform processes; standard criteria and definitions for 
     determining achievement of the maximum medical benefit from 
     treatment and rehabilitation; standard timelines for 
     determinations of fitness for duty, specialty care 
     consultations, preparation of medical documents, and appeals 
     of medical evaluation determinations; review of the findings 
     and recommendations of the medical evaluation board upon 
     request of the member by a health care professional 
     independent of the medical evaluation board; standards for 
     qualifications and training of medical evaluation board 
     personnel; and standards for information for recovering 
     service members and their families on the medical evaluation 
     board process.
       The amendment would require a similar policy on 
     improvements for the conduct of physical disability 
     evaluations that include: a clearly defined process for 
     disability determinations; procedures to eliminate 
     unacceptable discrepancies and improve consistency of 
     disability ratings; uniform timelines for appeals of 
     disability determinations; uniform standards for 
     qualifications and training of physical disability evaluation 
     board personnel; uniform standards for the number of cases 
     pending before a disability evaluation board; uniform 
     standards and procedures for provision of legal counsel to 
     recovering service members; and uniform standards on the 
     roles and responsibilities of non-medical care managers. The 
     amendment would also require the Secretary of Defense and the 
     Secretary of Veterans Affairs to report to Congress on the 
     feasibility and advisability of consolidating the disability 
     evaluation systems of the military departments and of the 
     Department of Veterans Affairs into a single disability 
     evaluation system.
     Return of recovering service members to active duty in the 
         Armed Forces (sec. 1613)
       The Senate amendment contained a provision (sec. 
     1611(d)(2)(C)) that would require that the comprehensive 
     policy on the care and management of covered members provide 
     standards for determinations by the military departments on 
     the return of covered service members to active duty.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Transition of recovering service members from care and 
         treatment through the Department of Defense to care, 
         treatment, and rehabilitation through the Department of 
         Veterans Affairs (sec. 1614)
       The House bill contained a provision (sec. 1421) that would 
     amend chapter 58 of title 10, United States Code, to require 
     the Secretary of Defense to provide each service member being 
     separated or retired for physical disability with a written 
     plan for transition to programs operated by the Department of 
     Veterans Affairs. The provision would amend section 1145 of 
     title 10, United States Code, to require establishment of a 
     joint separation and evaluation physical examination for use 
     by both Departments, and would require establishment and 
     implementation of a process to ensure an interoperable, bi-
     directional, real time exchange of critical medical 
     information.
       The Senate amendment contained a provision (sec. 685) that 
     would require the Secretary of Defense and the Secretary of 
     Veterans Affairs to submit to Congress a plan to maximize 
     access to the benefits delivery at discharge program for 
     members of the reserve components who have been ordered to 
     active duty since September 11, 2001.
       The Senate amendment contained a provision (sec. 1032) that 
     would require the Secretary of Defense to provide for each 
     service member separating from the armed forces or who 
     detaches from the member's regular unit while awaiting 
     medical separation or retirement, upon the request of the 
     member, 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 the 
     State in which the member resides while awaiting medical 
     separation or retirement.
       The Senate amendment contained a provision (sec. 
     1611(d)(2)(D)) that would require that the comprehensive 
     policy on the care and management of covered service members 
     provide processes, procedures, and standards for the 
     transition of covered service members 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.
       The Senate amendment also contained a provision (sec. 1662) 
     that would require the Secretary of Defense and the Secretary 
     of Veterans Affairs to 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 service member for benefits administered by 
     the Department of Veterans Affairs.
       The House recedes with an amendment that would require the 
     Secretary of Defense and the Secretary of Veterans Affairs to 
     jointly develop and implement processes, procedures, and 
     standards for the transition of recovering service members 
     from care and treatment through the Department of Defense to 
     care, treatment, and rehabilitation through the Department of 
     Veterans Affairs. These processes, procedures, and standards 
     would require the provision for the electronic transfer of 
     documents and the member's address and contact information to 
     the Department of Veterans Affairs.
     Reports (sec. 1615)
       The Senate amendment contained a provision (sec. 1611(e)) 
     that would require the Secretary of Defense and the Secretary 
     of Veterans Affairs to jointly submit to Congress a report on 
     the comprehensive policy on the care and management of 
     covered service members not later than January 1, 2008.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Defense and the Secretary of Veterans Affairs to 
     jointly submit to the appropriate committees of Congress a 
     report on the comprehensive policy upon completion of the 
     policy, but not later than July 1, 2008, and an interim 
     report not later than February 1, 2008. The amendment would 
     also require the Comptroller General of the United States to 
     submit to the appropriate committees of Congress not later 
     than 6 months after the date of enactment of this Act, and 
     every year thereafter through 2010, a report setting forth 
     the Comptroller General's assessment of the progress of the 
     Secretary of Defense and the Secretary of Veterans Affairs in 
     developing and implementing the policy.
     Establishment of a wounded warrior resource center (sec. 
         1616)
       The House bill contained a provision (sec. 1412) that would 
     establish a Department of

[[Page H15061]]

     Defense-wide Ombudsman Office within the office of the 
     Secretary of Defense to provide policy guidance to, and 
     oversight of, the ombudsman offices in the military 
     departments.
       The House bill also contained a provision (sec. 1413) that 
     would amend chapter 80 of title 10, United States Code, to 
     require the Secretary of Defense to establish and maintain a 
     toll-free hot line to collect, maintain, and update 
     information regarding possible deficiencies in the adequacy, 
     quality, and state of repair of medical-related support 
     facilities.
       The Senate amendment contained a provision (sec. 1611 
     (d)(1)(Q)) that would require the Secretary of Defense to 
     include establishment of a Department of Defense-wide 
     Ombudsman Office within a comprehensive policy on 
     responsibility for members in a medical hold status.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense to establish a wounded warrior resource 
     center to provide wounded warriors, their families, and their 
     primary caregivers with a single point of contact for 
     assistance with reporting deficiencies in certain military 
     facilities, obtaining health care services, receiving 
     benefits information, and any other difficulties encountered 
     while supporting wounded warriors. The center would provide 
     multiple methods of access, including at a minimum an 
     Internet website and a toll-free telephone number. 
     Individuals who provide information to the center would be 
     informed of their option to have their identity remain 
     confidential.
       The conferences intend that the resources of the Wounded 
     Warrior Resource Center shall also be available to residents 
     of the Armed Forces Retirement Home.
     Notification to Congress of hospitalization of combat wounded 
         service members (sec. 1617)
       The House bill contained a provision (sec. 1414) that would 
     amend chapter 55 of title 10, United States Code, to require 
     the service secretaries, if the member consents, to notify 
     appropriate members of Congress of the hospitalization of any 
     member of the armed forces evacuated from a theater of 
     combat.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require 
     notification to appropriate members of Congress of the 
     hospitalization of any member of the armed forces evacuated 
     from a theater of combat and admitted to a military treatment 
     facility within the United States.
     Comprehensive plan on prevention, diagnosis, mitigation, 
         treatment, and rehabilitation of, and research on, 
         traumatic brain injury, post-traumatic stress disorder, 
         and other mental health conditions in members of the 
         armed forces (sec. 1618)
       The House bill contained a provision (sec. 1425) that would 
     require the Secretary of Defense to develop a plan to 
     incorporate into training, combat theater operations, and 
     post-deployment service evidence-based preventive and early-
     intervention measures, practices, or procedures that reduce 
     the likelihood that personnel in combat will develop post-
     traumatic stress disorder (PTSD) or other stress-related 
     psychopathologies.
       The Senate amendment contained a provision (sec. 1631) that 
     would require the Secretary of Defense, in consultation with 
     the Secretary of Veterans Affairs, to submit to the 
     congressional defense committees comprehensive plans for 
     programs and activities of the Department of Defense to 
     prevent, diagnose, mitigate, treat, and otherwise respond to 
     traumatic brain injury and PTSD in members of the armed 
     forces.
       The House recedes with a clarifying amendment that would 
     include in the plan a requirement to incorporate into 
     training, combat theater operations, and post-deployment 
     service evidence-based preventive and early-intervention 
     measures, practices, or procedures that reduce the likelihood 
     that personnel in combat will develop PTSD or other stress-
     related conditions.

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

     Center of excellence in the prevention, diagnosis, 
         mitigation, treatment, and rehabilitation of traumatic 
         brain injury (sec. 1621)
       The Senate amendment contained a provision (sec. 1633(a)) 
     that would require the Secretary of Defense to establish a 
     center of excellence in the prevention, diagnosis, 
     mitigation, treatment, and rehabilitation of traumatic brain 
     injury (TBI), including mild, moderate, and severe TBI. The 
     amendment would ensure collaboration to the maximum extent 
     practicable with the Department of Veterans Affairs and other 
     appropriate public and private entities.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify that 
     the center would be responsible for implementation of the 
     elements of the comprehensive plan required by section 1631 
     of this Act that relate to traumatic brain injury.
     Center of excellence in prevention, diagnosis, mitigation, 
         treatment, and rehabilitation of post-traumatic stress 
         disorder and other mental health conditions (sec. 1622)
       The Senate amendment contained a provision (sec. 1633(b)) 
     that would require the Secretary of Defense to establish a 
     center of excellence in the prevention, diagnosis, 
     mitigation, treatment, and rehabilitation of post-traumatic 
     stress disorder (PTSD), including mild, moderate, and severe 
     PTSD. The amendment would require collaboration with the 
     National Center for Post-Traumatic Stress Disorder of the 
     Department of Veterans Affairs, institutions of higher 
     learning, and other appropriate public and private entities.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify that 
     the center shall also address other mental health conditions 
     and would be responsible for implementation of elements of 
     the comprehensive plan required by section 1631 of this Act 
     that relate to PTSD and other mental health conditions.
     Center of excellence in prevention, diagnosis, mitigation, 
         treatment, and rehabilitation of military eye injuries 
         (sec. 1623)
       The Senate amendment contained a provision (sec. 710) that 
     would require the Secretary of Defense to establish a center 
     of excellence in the prevention, diagnosis, mitigation, 
     treatment, and rehabilitation of military eye injuries. The 
     amendment would require collaboration with the Department of 
     Veterans Affairs and establishment of a military eye injury 
     registry.
       The House bill contained no similar provision.
       The House recedes with several clarifying amendments.
     Report on establishment of centers of excellence (sec. 1624)
       The Senate amendment contained two provisions (secs. 710 
     and 1633) that would require the Secretary of Defense to 
     establish centers of excellence for traumatic brain injury, 
     post-traumatic stress disorder, and military eye injuries.
       The House bill contained no similar provisions.
       The House recedes with an amendment that would require the 
     Secretary of Defense to submit a report to Congress no later 
     than 180 days after the date of enactment of this Act on the 
     establishment of the centers of excellence as required 
     elsewhere in this conference report.

                    Subtitle C--Health Care Matters

     Medical care and other benefits for members and former 
         members of the armed forces with severe injuries or 
         illnesses (sec. 1631)
       The Senate amendment contained a provision (sec. 1621) that 
     would authorize medical benefits equivalent to those 
     available to members on active duty for members and former 
     members of the armed forces with severe injuries or illnesses 
     and who may also be eligible for health and disability 
     benefits from the Department of Veterans Affairs (VA) during 
     the 3 years from the date of injury or illness or date of 
     enactment of this Act, whichever is later. The amendment 
     would also authorize a service member with a severe injury or 
     illness to receive rehabilitation and vocational benefits 
     from the VA in the same manner that the Secretary of Veterans 
     Affairs provides medical care to members of the armed forces 
     receiving care in medical facilities of the VA.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 
     the Secretary of Defense to provide any former service member 
     with a severe injury or illness the same medical and dental 
     care as an active duty service member when such care is not 
     reasonably available from the VA. The amendment would also 
     authorize a member of the armed forces with a severe injury 
     or illness to receive benefits (including rehabilitation and 
     vocational benefits, but not compensation) from the VA. Both 
     authorities would expire on December 31, 2012.
       Senior Department of Defense officials have acknowledged 
     that the health care benefit for service members on active 
     duty includes limited health care benefits that are not 
     available to service members in a retired status. This has 
     created an incentive for some seriously wounded service 
     members to remain on active duty solely for the increased 
     medical benefit. The conferees intend that this provision 
     would be implemented by the Secretary of Defense in a manner 
     that will ensure that severely wounded or ill service members 
     who are medically retired experience no gap in health care 
     coverage due to lack of reasonably available capacity of the 
     Veterans Health Administration or any limitation in current 
     health care benefits required by the member.
     Reimbursement of travel expenses of retired members with 
         combat-related disabilities for follow-on specialty care, 
         services, and supplies (sec. 1632)
       The Senate amendment contained a provision (sec. 1622) that 
     would require the Secretary of Defense to provide 
     reimbursement for reasonable travel expenses for follow-on 
     specialty care at a military treatment facility more than 100 
     miles from where the member resides for a service member and 
     any eligible accompanying family member when the member has 
     incurred a combat-related disability and is entitled to 
     retired or retainer pay, or equivalent pay.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary to implement an outreach program for such members 
     in order to ensure that eligible members are medically 
     monitored and receiving travel reimbursement for specialty 
     care when necessary.

[[Page H15062]]

     Respite care and other extended care benefits for members of 
         the uniformed services who incur a serious injury or 
         illness on active duty (sec. 1633)
       The Senate amendment contained a provision (sec. 1627) that 
     would amend section 1079(d) of title 10, United States Code, 
     to provide that the program of extended benefits would 
     include extended benefits, including respite care, for the 
     primary caregivers of members of the uniformed services who 
     incur a serious injury or illness on active duty.
       The House bill contained no similar provision.
       The House recedes with an amendment that would amend 
     section 1074(c) of title 10, United States Code, to authorize 
     extended benefits to members of the uniformed services who 
     incur a serious injury or illness on active duty in a manner 
     consistent with extended health care benefits authorized for 
     eligible dependents in sections 1079(d) and (c) of title 10, 
     United States Code.
     Reports (sec. 1634)
       The Senate amendment contained a provision (sec. 1636) that 
     would require the Secretary of Defense, not later than 90 
     days after the date of enactment of this Act, to submit to 
     the congressional defense committees a report describing the 
     progress in completing studies and reports on: (1) a 
     longitudinal study on traumatic brain injury incurred by 
     members of the armed forces in Operation Iraqi Freedom and 
     Operation Enduring Freedom; (2) enhanced mental health 
     screening and services for members of the armed forces; and 
     (3) pilot projects on early diagnosis and treatment of post-
     traumatic stress disorder and other mental health conditions. 
     The provision would also require annual reports on 
     expenditures for activities on traumatic brain injury and 
     post-traumatic stress disorder.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require a 
     report on the longitudinal study on traumatic brain injury 
     and the pilot projects on early diagnosis and treatment of 
     post-traumatic stress disorder and other mental health 
     conditions, and would require annual reports on expenditures 
     for activities on traumatic brain injury and post-traumatic 
     stress disorder.
     Fully interoperable electronic personal health information 
         for the Department of Defense and Department of Veterans 
         Affairs (sec. 1635)
       The House bill contained a provision (sec. 1421(c)) that 
     would require the Secretary of Defense and the Secretary of 
     Veterans Affairs to jointly establish and implement a process 
     to ensure an interoperable, bi-directional, real-time 
     exchange of critical medical information.
       The Senate amendment contained a provision (sec. 1641) that 
     would require the Secretary of Defense and the Secretary of 
     Veterans Affairs to jointly develop and implement a joint 
     electronic health record and accelerate the exchange of 
     health care information between the Department of Defense and 
     the Department of Veterans Affairs. The amendment would also 
     establish a Department of Defense-Department of Veterans 
     Affairs interagency program office for a joint electronic 
     health record.
       The House recedes with an amendment that would require the 
     Secretary of Defense and the Secretary of Veterans Affairs to 
     jointly develop and implement electronic health record 
     systems or capabilities that would allow for full 
     interoperability of personal health care information between 
     the Department of Defense and the Department of Veterans 
     Affairs, and would modify elements of the Department of 
     Defense-Department of Veterans Affairs interagency program 
     office.
     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. 
         1636)
       The Senate amendment contained a provision (sec. 1642) that 
     would amend section 1599c of title 10, United States Code, to 
     authorize the Secretary of Defense to exercise any authority 
     for the appointment and pay of health care personnel under 
     chapter 74 of title 38, United States Code, for purposes of 
     recruitment, employment, and retention of civilian health 
     care professionals for the Department of Defense, and to 
     require the service secretaries to develop and implement a 
     strategy to disseminate the authorities and best practices 
     for the recruitment of medical and health professionals.
       The House bill contained no similar provision.
       The House recedes with an amendment that would terminate 
     the authority of the Secretary of Defense to exercise the 
     authorities available under chapter 74 of title 38 on 
     September 30, 2010.
     Continuation of transitional health benefits for members of 
         the armed forces pending resolution of service-related 
         medical conditions (sec. 1637)
       The Senate amendment contained a provision (sec. 716) that 
     would authorize a service member entitled to transitional 
     health care benefits under section 1145 of title 10, United 
     States Code, to receive medical and dental care for a 
     specific medical condition related to the member's military 
     service as if the member were an active duty member until the 
     condition is resolved.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     service-related medical condition to be identified during the 
     member's 6 month transition period, and would provide health 
     care for such condition as if the member were still on active 
     duty for 6 months following the diagnosis of the condition.

                     Subtitle D--Disability Matters

     Utilization of veterans' presumption of sound condition in 
         establishing eligibility of members of the armed forces 
         for retirement for disability (sec. 1641)
       The Senate amendment contained a provision (sec. 1651) that 
     would amend sections 1201 and 1203 of title 10, United States 
     Code, to establish a presumption that a disability is 
     incurred while on active duty for a service member with 6 
     months or more of active military service whose 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.
       The House bill contained no similar provision.
       The House recedes.
       The conferees note that section 1207a of title 10, United 
     States Code, which provides that disabilities of service 
     members with at least 8 years of active service will be 
     deemed to have been incurred while on active duty, remains in 
     effect.
     Requirements and limitations on Department of Defense 
         determinations of disability with respect to members of 
         the armed forces (sec. 1642)
       The Senate amendment contained a provision (sec. 1652) that 
     would amend chapter 61 of title 10, United States Code, to 
     require the Secretary of Defense to utilize, to the extent 
     feasible, 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 for 
     Veterans Claims and would require the Secretary, when making 
     a determination of a disability rating, to take into account 
     all medical conditions, whether individually or collectively, 
     that render a member unfit to perform the duties of the 
     member's office, grade, rank, or rating.
       The House bill contained no similar provision.
       The House recedes.
     Review of separation of members of the armed forces separated 
         from service with a disability rating of 20 percent 
         disabled or less (sec. 1643)
       The Senate amendment contained a provision (sec. 1653) that 
     would amend chapter 79 of title 10, United States Code, to 
     require the Secretary of Defense to establish a board to 
     review the cases of former service members who were separated 
     with disability ratings of 20 percent or less and to 
     authorize the secretary concerned to correct the military 
     records of the former member in accordance with the 
     recommendation of the board.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     board to notify the former member, or the former member's 
     surviving spouse, next of kin, or legal representative, that 
     consideration of the former member's case by the board, 
     whether in response to a request or self-generated by the 
     board, will preclude further consideration of the former 
     member's case by the Board for Correction of Military 
     Records.
       The conferees believe that the recommendation of the 
     Veterans' Disability Benefits Commission in its report of 
     October 3, 2007, to reassess the ratings of service members 
     who were discharged as unfit but given low ratings should be 
     implemented. The Commission's analysis of service disability 
     ratings from 2000 to 2006 set forth in chapter V of its 
     report reflected disturbing and ``counterintuitive'' 
     differences between the Army and Marine Corps and the Navy 
     and Air Force that must be addressed. The conferees expect 
     the Secretary of Defense to ensure that cases before the 
     Physical Disability Board of Review receive equitable ratings 
     as recommended by the Commission.
     Authorization of pilot programs to improve disability 
         evaluation system for members of the armed forces (sec. 
         1644)
       The Senate amendment contained a provision (sec. 1654) that 
     would require the Secretary of Defense to carry out three 
     pilot programs and authorize the Secretary to carry out 
     additional pilot programs with respect to the disability 
     evaluation system of the Department of Defense (DOD). The 
     required pilot programs would include use of a disability 
     rating assigned by the Department of Veterans Affairs (VA), 
     use of a joint DOD/VA assigned disability rating, and use of 
     a single Internet Web site for the DOD disability system.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 
     the Secretary of Defense to establish and conduct pilot 
     programs with respect to the disability evaluation system of 
     the Department of Defense for the evaluation of the 
     disabilities of members of the armed forces who are being 
     separated or retired from the armed forces for disability 
     under chapter 61, United States Code.

[[Page H15063]]

     Reports on Army Medical Action Plan in response to 
         deficiencies in the Army physical disability evaluation 
         system (sec. 1645)
       The Senate amendment contained a provision (sec. 1655) that 
     would require the Secretary of Defense to report to the 
     congressional defense committees on the implementation of 
     corrective measures by the Department of Defense with respect 
     to the Physical Disability Evaluation System in response to 
     several different reports.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     reports to be submitted by June 1, 2008 and June 1, 2009.
     Enhancement of disability severance pay for Members of the 
         armed forces (sec. 1646)
       The Senate amendment contained a provision (sec. 1661) that 
     would amend section 1212 of title 10, United States Code, to 
     increase the minimum severance pay to 12 month's basic pay 
     for service members separated for a disability incurred in a 
     combat zone and 6 month's basic pay for other members, and 
     increasing the maximum severance pay from 24 month's basic 
     pay to 38 month's basic pay. The provision would also remove 
     the requirement that severance pay received by members for a 
     disability incurred in a combat zone be deducted from 
     disability compensation received from the Department of 
     Veterans Affairs.
       The House bill contained no similar provision.
       The House recedes.
     Assessments of continuing utility and future role of 
         temporary disability retired list (sec. 1647)
       The House bill contained a provision (sec. 1420) that would 
     amend section 1210(e) of title 10, United States Code, to 
     require that a service member's medical condition be 
     permanent and stable before the service member can be removed 
     from the temporary disabled retired list (TDRL).
       The Senate amendment contained a provision (sec. 1663) that 
     would require the Secretary of Defense and the Comptroller 
     General of the United States to submit a report to the 
     congressional defense committees assessing the continuing 
     utility of the TDRL.
       The House recedes with an amendment that would require the 
     Secretary of Defense to submit to the congressional defense 
     committees, no later than 180 days after the date of 
     enactment of this Act, a report containing a statistical 
     history regarding the TDRL and an assessment of: (1) the 
     continuing utility of the TDRL; (2) the need to require that 
     the condition of a member be permanent and stable before the 
     member is separated with less than a 30 percent disability 
     rating; and (3) the future role of the TDRL in the disability 
     evaluation system of the Department of Defense and the 
     changes in policy and law required to fulfill the future role 
     of the TDRL.
     Standards for military medical treatment facilities, 
         specialty medical care facilities, and military quarters 
         housing patients and annual report on such facilities 
         (sec. 1648)
       The House bill contained a provision (sec. 1431) that would 
     require the Secretary of Defense to submit an annual report 
     beginning with the budget submission for fiscal year 2009 on 
     the adequacy, suitability, and quality of military medical 
     facilities and medical-related support facilities. This 
     section would also require that the report include any 
     facility deficiencies and accompanying response plans 
     identified through the toll-free hot line made available to 
     service members and families residing in medical-related 
     support facilities.
       The Senate amendment contained a provision (sec. 1671) that 
     would require the Secretary to establish standards for 
     medical treatment facilities and quarters or leased housing 
     for patients, and to set a deadline for compliance with such 
     standards. The amendment would also require a report to the 
     congressional defense committees on actions taken to meet 
     these standards.
       The House recedes with an amendment that would combine the 
     annual report and the requirement to establish standards.
     Reports on Army Medical Action Plan in response to 
         deficiencies identified at Walter Reed Army Medical 
         Center (sec. 1649)
       The Senate amendment contained a provision (sec. 1672) that 
     would require the Secretary of Defense to submit reports to 
     the congressional defense committees 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 and at 
     other applicable Army installations.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Defense to submit to the congressional defense 
     committees a report no later than 30 days after the date of 
     enactment of this Act, and every 180 days thereafter until 
     March 1, 2009, on the implementation of the Army Medical 
     Action Plan to correct deficiencies identified in the 
     condition of facilities and patient administration.
     Required certifications in connection with closure of Walter 
         Reed Army Medical Center, District of Columbia (sec. 
         1650)
       The Senate amendment contained a provision (sec. 1673) that 
     would require the Secretary of Defense to submit to the 
     congressional defense committees no later than 90 days after 
     enactment of this Act certain certifications regarding the 
     closure of Walter Reed Army Medical Center, District of 
     Columbia. The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Handbook for members of the armed forces on compensation and 
         benefits available for serious injuries and illnesses 
         (sec. 1651)
       The Senate amendment contained a provision (sec. 1681) that 
     would require the Secretary of Defense to develop and 
     maintain, in handbook and electronic form, a comprehensive 
     description of the compensation and other benefits to which a 
     service member and their family would be entitled when the 
     member separates or retires from the armed forces. The 
     Secretary of Defense would be required to do this in 
     consultation with the Secretary of Veterans Affairs, the 
     Secretary of Health and Human Service, and the Commissioner 
     of Social Security.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary to develop the handbook and electronic form no 
     later than October 1, 2008.

                    Subtitle E--Studies and Reports

     Study on physical and mental health and other readjustment 
         needs of members and former members of the armed forces 
         who deployed in Operation Iraqi Freedom and Operation 
         Enduring Freedom and their families (sec. 1661)
       The Senate amendment contained a provision (sec. 1691) that 
     would require the Secretary of Defense, in consultation with 
     the Secretary of Veterans Affairs, to 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. The amendment 
     would require the Secretary of Defense and the Secretary of 
     Veterans Affairs to develop a joint plan to address the 
     findings and recommendations of the National Academy of 
     Sciences study within 90 days of receiving the report. The 
     amendment would also require the Comptroller General of the 
     United States to submit to Congress a report assessing the 
     Department of Defense-Department of Veterans Affairs plan.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     preliminary phase of the study to be completed not later than 
     1 year after the date of enactment of this Act, and an 
     assessment of gender- and ethnic group-specific needs and 
     concerns. The amendment would also remove the requirement for 
     the review by the Comptroller General of the United States of 
     the Department of Defense-Department of Veterans Affairs 
     plan.
     Access of recovering service members to adequate outpatient 
         residential facilities (sec. 1662)
       The House bill contained a provision (sec. 1432) that would 
     require the Inspectors General of the regional medical 
     commands to conduct semi-annual inspections of facilities 
     housing recovering service members for the first two years 
     following the date of enactment of this Act and annually 
     thereafter. This section would require the inspection results 
     to be coordinated with local and service medical and civilian 
     leadership, reported to the Congress, and posted on the 
     Internet website of the regional medical command.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Study and report on support services for families of 
         recovering service members (sec. 1663)
       The House bill contained a provision (sec. 1434) that would 
     require the Secretary of Defense to conduct a study of the 
     provision of support services for families of recovering 
     service members. The study would include a determination of 
     the types of support services currently provided, a 
     determination of additional types of support services that 
     would be feasible, an estimate of the number of family 
     members to whom the support services would be provided, and a 
     determination of discrimination in employment that family 
     members experience.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment that would 
     include job placement services as an element of the 
     determination of additional types of support services that 
     would be feasible.
     Report on traumatic brain injury classifications (sec. 1664)
       The House bill contained a provision (sec. 1435) that would 
     require the Secretary of Defense to submit to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives an interim report not later than 90 days 
     after enactment of this Act describing the changes undertaken 
     within the Department of Defense to ensure that traumatic 
     brain injury victims receive a proper medical designation 
     concomitant with their injury, and a final report not later 
     than 180 days after the date of enactment of this Act 
     concerning traumatic brain injury classification.

[[Page H15064]]

       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense and the Secretary of Veterans Affairs to 
     jointly submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report describing 
     the changes undertaken within the Department of Defense and 
     the Department of Veterans Affairs to ensure that traumatic 
     brain injury victims receive a medical designation 
     concomitant with their injury rather than a medical 
     designation that assigns a generic classification (such as 
     ``organic psychiatric disorder''). The report would be due 
     not later than 90 days after the date of enactment of this 
     Act.
     Evaluation of the Polytrauma Liaison Officer/Non-Commissioned 
         Officer Program (sec. 1665)
       The House bill contained a provision (sec. 1436) that would 
     require the Secretary of Defense to conduct an evaluation of 
     the Polytrauma Liaison Officer/Non-Commissioned Officer 
     program, operated by the military departments and the 
     Department of Veterans Affairs, to assist the transition of 
     members from the Department of Defense health care system to 
     the Department of Veterans Affairs system. The Secretary of 
     Defense would be required to submit a report to Congress 
     containing the results of the evaluation and recommendations 
     for improvement not later than 90 days after the date of 
     enactment of this Act.
       The Senate amendment contained no similar provision.
       The Senate recedes.

                       Subtitle F--Other Matters

     Prohibition on transfer of resources from medical care (sec. 
         1671)
       The House bill contained a provision (sec. 1452) that would 
     prohibit the transfer of funds or personnel from medical care 
     functions within the Department of Defense to support the 
     administrative requirements imposed by this Act.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Medical care for families of members of the armed forces 
         recovering from serious injuries or illnesses (sec. 1672)
       The Senate amendment contained a provision (sec. 1626) that 
     would authorize medical care on a space available basis at 
     military medical treatment facilities or medical facilities 
     of the Department of Veterans Affairs for certain family 
     members caring for service members in a medical hold or 
     holdover status or on the temporary disability retired list. 
     Family members must be on invitational travel orders, a non-
     medical attendee caring for certain injured service members, 
     or receiving per diem while caring for certain injured 
     service members. The provision would also authorize job 
     placement services for family members on invitational travel 
     orders or non-medical attendees caring for certain injured 
     service members for more than 45 days during a 1-year period, 
     and require the Secretary of Defense to submit to the 
     congressional defense committees a report on the need for 
     additional employment services and protections for certain 
     family members who are placed on leave from employment or 
     otherwise displaced from employment while caring for an 
     injured service member.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     authorize medical care on a space available basis at military 
     medical treatment facilities or medical facilities of the 
     Department of Veterans Affairs for certain family members not 
     otherwise eligible for medical care who are caring for a 
     recovering service member. Job placement services and the 
     report on the need for additional services are contained 
     elsewhere in this conference report.
     Improvement of medical tracking system for members of the 
         armed forces deployed overseas (sec. 1673)
       The House bill contained a provision (sec. 711) that would 
     require the Secretary of Defense to establish a computer-
     based program that assesses the cognitive functioning, in a 
     pre- and post-deployment environment, of all members of the 
     armed forces who are deployed in support of the global war on 
     terror, including Operation Iraqi Freedom and Operation 
     Enduring Freedom.
       The Senate amendment contained a provision (sec. 1632) that 
     would amend section 1074f of title 10, United States Code, to 
     require the Secretary of Defense to establish a protocol for 
     the pre-deployment assessment and documentation of the 
     cognitive functioning of a member who is deployed outside the 
     United States in order to facilitate the assessment of the 
     post-deployment cognitive functioning of the member. The 
     amendment would require the Secretary to conduct up to three 
     pilot projects to evaluate various mechanisms for use in the 
     protocol, and to establish a means to implement any mechanism 
     that is selected for incorporation in the protocol not later 
     than 180 days after completion of the pilot projects.
       The House recedes with an amendment to clarify the 
     characteristics of a computer-based assessment tool to be 
     evaluated under the pilot projects.
     Guaranteed funding for Walter Reed Army Medical Center, 
         District of Columbia (sec. 1674)
       The House bill contained a provision (sec. 712) that would 
     require that the amount of funds available for the commander 
     of Walter Reed Army Medical Center shall not be less than the 
     amount expended in fiscal year 2006 until the first fiscal 
     year beginning after the date on which the Secretary of 
     Defense certifies to the Committees on Armed Services of the 
     Senate and the House of Representatives that the expanded 
     facilities at the National Naval Medical Center and DeWitt 
     Army Community Hospital are completed, equipped, and staffed 
     with sufficient capacity to accept and provide at least the 
     same level of care as patients received at Walter Reed Army 
     Medical Center during fiscal year 2006.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require 
     that the amount of funds available shall not be less than the 
     amount expended by the commander of Walter Reed Army Medical 
     Center in fiscal year 2006 until the first fiscal year 
     beginning after the date on which the Secretary of Defense 
     submits to the congressional defense committees a plan for 
     the provision of health care for military beneficiaries and 
     their dependents in the National Capital Region. After 
     submission of this plan, the amendment would require the 
     Secretary to certify to the congressional defense committees 
     on a quarterly basis that patients, staff, bed capacity, 
     functions, or parts of functions at Walter Reed Army Medical 
     Center have not been moved or disestablished until the 
     expanded facilities at the National Naval Medical Center and 
     DeWitt Army Community Hospital are completed, equipped, and 
     staffed with sufficient capacity to accept and provide, at a 
     minimum, the same level of and access to care as patients 
     received at Walter Reed Army Medical Center during fiscal 
     year 2006.
     Use of leave transfer program by wounded veterans who are 
         federal employees (sec. 1675)
       The House bill contained a provision (sec. 1110) that would 
     allow federal employees who sustain a combat-related injury 
     while on active duty to accept donated leave without having 
     to deplete their own leave allocations while they are 
     undergoing medical treatment for the disability, for up to 5 
     years.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Moratorium on conversion to contractor performance of 
         Department of Defense functions at military medical 
         facilities (sec. 1676)
       The House bill contained a provision (sec. 1451) that 
     would: (1) prohibit the Department of Defense from initiating 
     any new public-private competitions for the performance of 
     functions at military medical facilities for a period of 1 
     year; and (2) require the Secretary of Defense to report to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives on public-private competitions currently 
     being carried out at such facilities.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment prohibiting the 
     Department of Defense from initiating any new public-private 
     competitions for the performance of functions at military 
     medical facilities until the Secretary: (1) certifies that 
     appropriate steps have been taken to ensure that such 
     competitions will not have an adverse impact on the quality 
     of military medical care; and (2) submits the required 
     report.

                   Legislative Provisions Not Adopted

     Establishment of medical support fund for support of members 
         of the armed forces returning to military service or 
         civilian life
       The House bill contained a provision (sec. 1422) that would 
     require the establishment of a medical support fund on the 
     books of the Treasury to support programs and activities 
     relating to the medical treatment, care, rehabilitation, 
     recovery, and support of wounded and injured service members 
     and their families, and authorized $50.0 million for the 
     fund.
       The Senate amendment contained no similar provision.
       The House recedes.
     Funding for improved diagnosis, treatment, and rehabilitation 
         of members of the armed forces with traumatic brain 
         injury or post-traumatic stress disorder
       The Senate amendment contained a provision (sec. 1635) that 
     would authorize $50.0 million for activities relating to the 
     improved diagnosis, treatment, and rehabilitation of members 
     of the armed forces with traumatic brain injury or post-
     traumatic stress disorder. Of that amount, $17.0 million 
     would be available for the Defense and Veterans Brain Injury 
     Center of the Department of Defense.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report.
     Personnel shortages in the mental health workforce of the 
         Department of Defense, including personnel in the mental 
         health workforce
       The Senate amendment contained a provision (sec. 1643) that 
     would require the Secretary of Defense to 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

[[Page H15065]]

     within the Department of Defense, including personnel in the 
     mental health workforce. The amendment would also require the 
     Secretary to implement, not later than 180 days after the 
     date of enactment of this Act, programs to recruit qualified 
     individuals in health care fields (including mental health) 
     to serve in the armed forces.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference agreement includes a requirement for the 
     Secretary of Defense to report on implementation of the 
     recommendations of the Department of Defense Task Force on 
     Mental Health, which include improving access to mental 
     health services by increasing the number of mental health 
     personnel.
     Pilot program to establish an Army Wounded Warrior battalion 
         at an appropriate active duty base
       The House bill contained a provision (sec. 1419) that would 
     require the Secretary of the Army to establish a pilot 
     program, known as the Army Wounded Warrior Program, based on 
     the Wounded Warrior Regiment program of the Marine Corps.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferrees are aware that the Army has already 
     established Warrior Transition Units that are similar in 
     function to the Marine Wounded Warrior Regiment program.
     Oversight Board for Wounded Warriors
       The House bill contained a provision (sec. 1423) that would 
     require the establishment of a 12 member board to be known as 
     the Oversight Board for Wounded Warriors to provide oversight 
     of medical care, quality of life, administrative processing, 
     and family programs supporting wounded warriors and to 
     provide advice and counsel to Congress and the Department of 
     Defense about how the programs can be made more efficient and 
     effective.
       The Senate amendment contained no similar provision.
       The House recedes.

                      TITLE XVII--VETERANS MATTERS

                     Legislative Provisions Adopted

     Sense of Congress on Department of Veterans Affairs efforts 
         in the rehabilitation and reintegration of veterans with 
         traumatic brain injury (sec. 1701)
       The Senate amendment contained a provision (sec. 1701) that 
     would express the sense of Congress that:
       (1) the Department of Veterans Affairs is a leader in the 
     field of traumatic brain injury and coordination of such 
     care;
       (2) the Department of Veterans Affairs should have the 
     capacity and expertise to provide veterans who have traumatic 
     brain injury with patient-centered health care, 
     rehabilitation, and community integration services that are 
     comparable to or exceed similar care and services available 
     to persons with such injuries in the academic and private 
     sector;
       (3) rehabilitation for veterans who have a traumatic brain 
     injury should be individualized, comprehensive, and 
     interdisciplinary with the goals of optimizing the 
     independence of such veterans and reintegrating them into 
     their communities;
       (4) family support is integral to the rehabilitation and 
     community reintegration of veterans who have sustained a 
     traumatic brain injury, and the Department should provide the 
     families of such veterans with education and support;
       (5) the Department of Defense and the Department of 
     Veterans Affairs have made efforts to provide a smooth 
     transition of medical care and rehabilitative services to 
     individuals as they transition from the health care system of 
     the Department of Defense to that of the Department of 
     Veterans Affairs, but more can be done to assist veterans and 
     their families in the continuum of the rehabilitation, 
     recovery, and reintegration of wounded or injured veterans 
     into their communities;
       (6) in planning for rehabilitation and community 
     reintegration of veterans who have a traumatic brain injury, 
     it is necessary for the Department of Veterans Affairs to 
     provide a system for life-long case management for such 
     veterans; and
       (7) in such a 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.
       The House bill contained no similar provision.
       The House recedes.
     Individual rehabilitation and community reintegration plans 
         for veterans and others with traumatic brain injury (sec. 
         1702)
       The Senate amendment contained a provision (sec. 1702) that 
     would amend subchapter II of chapter 17 of title 38, United 
     States Code, to require the Secretary of Veterans Affairs to 
     develop an individualized rehabilitation and reintegration 
     plan for each veteran or member of the armed forces who 
     receives inpatient or outpatient rehabilitation care from the 
     Department of Veterans Affairs (VA) for a traumatic brain 
     injury and to provide the plan in writing to the veteran or 
     service member before discharge from inpatient care.
       The House bill contained no similar provision.
       The House recedes with an amendment that would add a 
     requirement for the Secretary to develop and carry out a 
     comprehensive program of long-term care for post-acute 
     traumatic brain injury rehabilitation at each VA polytrauma 
     center. The program would include residential, community, and 
     home-based components utilizing interdisciplinary treatment 
     teams.
     Use of non-Department of Veterans Affairs facilities for 
         implementation of rehabilitation and community 
         reintegration plans for traumatic brain injury (sec. 
         1703)
       The Senate amendment contained a provision (sec. 1703) that 
     would amend subchapter II of chapter 17 of title 38, United 
     States Code, to require the Secretary of Veterans Affairs to 
     provide rehabilitative treatment or services at non-
     Department of Veterans Affairs facilities to veterans or 
     members of the armed forces who receive inpatient or 
     outpatient care from the Department of Veterans Affairs (VA) 
     for a traumatic brain injury when the VA is unable to provide 
     treatment or services at the frequency or for the duration 
     prescribed in the individual treatment plans or for whom the 
     Secretary determines that it is optimal with respect to the 
     recovery and rehabilitation of such individual.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 
     the Secretary to provide health care and services through 
     cooperative agreements with appropriate public or private 
     entities with expertise in neurobehavioral rehabilitation and 
     recovery programs.
     Research, education, and clinical care program on traumatic 
         brain injury (sec. 1704)
       The Senate amendment contained a provision (sec. 1704) that 
     would amend subchapter II of chapter 73 of title 38, United 
     States Code, to require the Secretary of Veterans Affairs to 
     establish a program on research, education, and clinical care 
     to provide 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.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary to establish and maintain a registry of names of 
     each individual who: (1) served as a member of the armed 
     forces in Operation Enduring Freedom or Operation Iraqi 
     Freedom; (2) exhibits symptoms associated with traumatic 
     brain injury; (3) applies for care and services from the 
     Department of Veterans Affairs or files a claim for 
     compensation for disability associated with such service; and 
     (4) grants permission to the Secretary to include such 
     information in the registry.
     Pilot program on assisted living services for veterans with 
         traumatic brain injury (sec. 1705)
       The Senate amendment contained a provision (sec. 1705) that 
     would require the Secretary of Veterans Affairs, in 
     collaboration with the Defense and Veterans Brain Injury 
     Center, to 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.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Provision of age-appropriate nursing home care (sec. 1706)
       The Senate amendment contained a provision (sec. 1707) that 
     would require the Secretary of Veterans Affairs to ensure 
     that nursing home care provided to young veterans who are 
     injured or disabled through military service and require 
     long-term care is provided in an age-appropriate manner.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Extension of period of eligibility for health care for 
         veterans of combat service during certain periods of 
         hostilities and war (sec. 1707)
       The Senate amendment contained a provision (sec. 1708) that 
     would amend section 1710 of title 38, United States Code, to 
     extend from 2 to 5 years the period of automatic eligibility 
     for health care benefits from the Department of Veterans 
     Affairs (VA) for veterans who served in a combat theater of 
     operations.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 3 
     years of automatic eligibility for health care from the VA 
     for veterans who served in a combat theater of operations and 
     were discharged after 1998, but more than 5 years before the 
     date of enactment of this Act, and who have not enrolled in 
     the health care program of the VA.
     Service-connection and assessments for mental health 
         conditions in veterans (sec. 1708)
       The Senate amendment contained a provision (sec. 1709) that 
     would amend section 1702 of title 38, United States Code, to 
     require the Secretary of Veterans Affairs to provide a 
     preliminary general mental health assessment to certain 
     veterans within 30 days of such a request.
       The House recedes with an amendment that would clarify that 
     an eligible veteran is one who served on active duty in a 
     theater of combat operations during a period of war

[[Page H15066]]

     after the Persian Gulf War, or in combat against a hostile 
     force during a period of hostilities after November 11, 1998.
     Modification of requirements for furnishing outpatient dental 
         services to veterans with service-connected dental 
         conditions or disabilities (sec. 1709)
       The Senate amendment contained a provision (sec. 1710) that 
     would amend section 1712 of title 38, United States Code, to 
     extend from 90 to 180 days after discharge or release from 
     active duty the application period for dental benefits for 
     veterans.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Clarification of purpose of outreach services program of 
         Department of Veterans Affairs (sec. 1710)
       The Senate amendment contained a provision (sec. 1712) that 
     would amend section 6301 of title 38, United States Code, to 
     clarify that the outreach services program of the Department 
     of Veterans Affairs includes members of the reserve 
     components.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Designation of fiduciary or trustee for purposes of Traumatic 
         Servicemembers' Group Life Insurance (sec. 1711)
       The Senate amendment contained a provision (sec. 1071) that 
     would require the Secretary of Defense, in consultation with 
     the Secretary of Veterans Affairs, to develop a form for the 
     designation of a fiduciary to receive the funds distributed 
     under section 1980A of title 38, United States Code, in the 
     case of a service member who is medically incapacitated or 
     experiencing an extended loss of consciousness.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Veterans Affairs, in consultation with the 
     military service secretaries, to develop a process for the 
     designation of a fiduciary or trustee of a member of the 
     uniformed services insured against traumatic injury under 
     section 1980A of title 38, United States Code.

                   Legislative Provisions Not Adopted

     Demonstration program on preventing veterans at risk of 
         homelessness from becoming homeless
       The Senate amendment contained a provision (sec. 1711) that 
     would require the Secretary of Veterans Affairs to 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.
       The House bill contained no similar provision.
       The Senate recedes.
     Increase in physicians at hospitals of the Department of 
         Veterans Affairs
       The House bill contained a provision (sec. 1453) that would 
     require the Secretary of Veterans Affairs to increase the 
     number of resident physicians at hospitals of the Department 
     of Veterans Affairs.
       The Senate amendment contained no similar provision.
       The House recedes.
     Research on traumatic brain injury
       The Senate amendment contained a provision (sec. 1706) that 
     would require the Secretary of Veterans Affairs, when 
     carrying out certain research programs and activities, to 
     ensure that such programs and activities include research on 
     the sequelae of mild to severe forms of traumatic brain 
     injury.
       The House bill contained no similar provision.
       The Senate recedes.
     Study and report of waiting periods for appointments at 
         Department of Veterans Affairs medical facilities
       The House bill contained a provision (sec. 1438) that would 
     require the Secretary of Veterans Affairs to conduct a study 
     on the average length of time between the desired date for 
     which a veteran seeks to schedule an appointment for health 
     care at a Department of Veterans Affairs medical facility and 
     the date on which such appointment is completed.
       The Senate amendment contained no similar provision.
       The House recedes.

     TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS

     Short title (sec. 1801)
       The House bill contained a provision (sec. 1601) that would 
     provide that this title may be cited as the ``National Guard 
     Empowerment Act''.
       The Senate amendment contained a provision (sec. 1801) that 
     would provide that this title may be cited as the ``National 
     Guard Empowerment Act of 2007''.
       The House recedes.

                   Subtitle A--National Guard Bureau

     Appointment, grade, duties, and retirement of the Chief of 
         the National Guard Bureau (sec. 1811)
       The House bill contained a provision (sec. 1611) that would 
     amend section 10502 of title 10, United States Code, to 
     require that an officer appointed as the Chief of the 
     National Guard Bureau (CNGB) serve in the grade of general 
     and be the principal advisor to the Secretary of Defense, 
     through the Chairman of the Joint Chiefs of Staff (CJCS), on 
     National Guard matters. The provision would also designate 
     the CNGB as an advisor on National Guard matters to the 
     commanders of the United States Northern Command and to the 
     Secretary of Homeland Security. Additionally, the provision 
     would describe the appointment process by which officers 
     would be recommended to the President for appointment as 
     CNGB.
       The Senate amendment contained similar provisions (secs. 
     533 and 1802(b)) that would establish additional criteria for 
     appointment of CNGB in the grade of general, repeal the age 
     64 limitation on service of an officer serving as CNGB, 
     designate the CNGB as an advisor to the Secretary of Defense 
     through the CJCS on matters involving non-federalized 
     National Guard forces and on other matters as determined by 
     the Secretary of Defense, and authorize the President to 
     defer the retirement of an officer serving as CNGB until the 
     first day of the month following the month in which the 
     officer becomes 68 years of age.
       The House recedes with an amendment that would designate 
     the CNGB as a principal advisor to the Secretary of Defense, 
     through CJCS, on matters involving non-federalized National 
     Guard forces and on other matters as determined by the 
     Secretary of Defense. The CNGB would also serve as principal 
     advisor to the Secretary and Chief of Staff of the Army and 
     the Secretary and 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. The amendment would also delete as unnecessary the 
     provision relating to the deferral of retirement by the CNGB 
     in view of the revisions contained elsewhere in this 
     conference report.
     Establishment of National Guard Bureau as joint activity of 
         Department of Defense (sec. 1812)
       The House bill contained a provision (sec. 1612) that would 
     amend section 10501 of title 10, United States Code, to 
     establish the National Guard Bureau (NGB) as a joint activity 
     of the Department of Defense, and would amend chapter 1011 of 
     title 10, United States Code, to require that the manpower 
     requirements of the NGB as a joint activity of the Department 
     of Defense be determined in accordance with regulations 
     prescribed by the Secretary of Defense, in consultation with 
     the Chairman of the Joint Chiefs of Staff.
       The Senate amendment contained a similar provision (sec 
     1802(a)).
       The Senate recedes.
       The conferees concur with the views and recommendations of 
     the Commission on the National Guard and Reserves as set 
     forth in its report of March 1, 2007, with respect to the 
     designation of the NGB as a joint activity. Specifically, 
     this statutory amendment is intended to reflect the structure 
     of the NGB and should not result in any change in the day-to-
     day relationship between the Chief of the NGB and the 
     Secretaries of the Army and Air Force and their respective 
     staffs. The conferees encourage the Secretary of Defense to 
     modify the charter of the NGB accordingly and to consult with 
     the Secretary of the Army and the Secretary of the Air Force, 
     as well as the Chairman of the Joint Chiefs of Staff, in 
     developing regulations to determine the manpower requirements 
     of the NGB.
     Enhancement of functions of National Guard Bureau (sec. 1813)
       The House bill contained a provision (sec. 1613) that would 
     amend section 10503 of title 10, United States Code, to 
     expand the National Guard Bureau (NGB) charter to include 
     facilitation and coordination with other federal agencies, 
     the adjutants general of the States, United States Northern 
     Command, and United States Joint Forces Command on the use of 
     National Guard personnel and resources in the conduct of 
     operations under title 32 of the United States Code, or in 
     support of State missions, and would require the Secretary of 
     Defense, in consultation with the Secretary of the Army and 
     Secretary of the Air Force, to develop the charter for the 
     NGB.
       The House bill contained another provision (sec. 1616) that 
     would make conforming and clerical amendments regarding 
     section 10503 of title 10, United States Code.
       The Senate amendment contained similar provisions (secs. 
     532 and 1802(c)).
       The Senate recedes with an amendment that would expand the 
     NGB charter to include assisting the Secretary of Defense in 
     facilitating and coordinating with other federal agencies, 
     the adjutants general of the States, United States Northern 
     Command, and United States Joint Forces Command on the use of 
     National Guard personnel and resources in the conduct of 
     operations under title 32 of the United States Code, or in 
     support of State missions.
       The conferees agree with the view of the Commission on the 
     National Guard and Reserves that the charter of the NGB does 
     not reflect some of the NGB's key roles and responsibilities 
     and needs to be updated. The conferees also concur with the 
     Commission that the NGB should continue to report to and work 
     with the Secretaries and Chiefs of Staff of the Army and Air 
     Force in coordinating the use of National Guard units.

[[Page H15067]]

     Requirement for Secretary of Defense to prepare plan for 
         response to natural disasters and terrorist events (sec. 
         1814)
       The House bill contained a provision (sec. 1614) that would 
     require the Secretary of Defense to prepare and submit to 
     Congress an annual 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. The Secretary of Defense would be 
     required to prepare and submit the plan to Congress not later 
     than March 1, 2008, and each March 1 thereafter.
       The Senate amendment contained a similar provision (sec. 
     1806).
       The Senate recedes with an amendment that would require the 
     Secretary of Defense to consult with the Secretary of 
     Homeland Security, the Chairman of the Joint Chiefs of Staff, 
     the Commander of the United States Northern Command, and the 
     Chief of the National Guard Bureau in the preparation of the 
     plan, and would require the Secretary of Defense to submit an 
     update of the plan no later than June 1, 2010.
       The conferees urge the Secretary of Defense, as part of the 
     response planning required by this provision, to address the 
     nature of command relationships under which troops will 
     operate during particular contingencies and ensure, as 
     recommended by the Commission on the National Guard and 
     Reserves, that necessary agreements are entered into as soon 
     as practicable.
     Determination of Department of Defense civil support 
         requirements (sec. 1815)
       The House bill contained a provision (sec. 1615) that would 
     require the Secretary of Defense to determine the military-
     unique capabilities needed to be provided by the Department 
     of Defense to support civil authorities in an incident of 
     national significance or a catastrophic incident, and, in 
     coordination with the secretaries of the military departments 
     and the Chairman of the Joint Chiefs of Staff, to develop and 
     implement a plan for providing the necessary funds and 
     resources.
       The Senate amendment contained a provision (sec. 
     1802(b)(3)) that would amend section 10504 of title 10, 
     United States Code, to require the Chief of the National 
     Guard Bureau to submit a report to Congress on the validated 
     requirements for military assistance to civil authorities.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense to consult with the Secretary of 
     Homeland Security in determining the required military-unique 
     capabilities.

          Subtitle B--Additional Reserve Component Enhancement

     United States Northern Command (sec. 1821)
       The House bill contained a provision (sec. 1621) that would 
     require the Chairman of the Joint Chiefs of Staff to review 
     the civilian and military positions, job descriptions, and 
     assignments within the United States Northern Command 
     (NORTHCOM). The provision would also require the Secretary of 
     Defense to establish procedures under which an officer who is 
     on active duty or an officer who is on full-time National 
     Guard duty may command mixed-status forces for homeland 
     defense missions, domestic emergency responses, and providing 
     military support to civil authorities.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Chairman of the Joint Chiefs of Staff to conduct the manpower 
     review of NORTHCOM with a goal of assessing the feasibility 
     of significantly increasing the number of reserve component 
     members assigned to, and civilians employed by, NORTHCOM who 
     have experience in the planning, training, and employment of 
     forces for homeland defense missions, domestic emergency 
     response, and providing military support to civil 
     authorities.
     Council of Governors (sec. 1822)
       The House bill contained a provision (sec. 1622) that would 
     require the President to establish a bipartisan Council of 
     Governors to advise the Secretary of Defense, the Secretary 
     of Homeland Security, and the White House Homeland Security 
     Council on matters related to the National Guard and civil 
     support missions.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Plan for Reserve Forces Policy Board (sec. 1823)
       The House bill contained a provision (sec. 1623) that would 
     amend section 10301 of title 10, United States Code, to 
     replace the Reserve Forces Policy Board with a Reserve 
     Components Policy Board consisting of 15 members appointed 
     from civilian life by the Secretary of Defense to provide 
     independent advice and recommendations on strategies, 
     policies, and practices designed to improve and enhance the 
     capabilities, efficiency, and effectiveness of the reserve 
     components of the United States.
       The Senate amendment contained a similar provision (sec 
     531).
       The House recedes with an amendment that would require the 
     Secretary of Defense to develop a plan to implement revisions 
     that the Secretary determines necessary in the designation, 
     organization, membership, functions, procedures, and 
     legislative framework of the Reserve Forces Policy Board. The 
     plan must be consistent with the findings, conclusions, and 
     recommendations included in the report of the Commission on 
     the National Guard and Reserves of March 1, 2007, and, to the 
     extent possible, take into account the views and 
     recommendations of civilian and military leaders, past 
     chairmen of the Reserve Forces Policy Board, private 
     organizations with expertise and interest in Department of 
     Defense organization, and other individuals or groups in the 
     discretion of the Secretary.
     High-level positions authorized or required to be held by 
         reserve component general or flag officers (sec. 1824)
       The House bill contained a provision (sec. 1624) that would 
     amend section 526(b)(2) of title 10, United States Code, to 
     increase from 10 to 15 the number of general and flag officer 
     positions on the staffs of the commanders of combatant 
     commands that may be held by reserve component officers. The 
     provision would also require the Chairman of the Joint Chiefs 
     of Staff to designate up to three general and flag officer 
     positions in the grade of lieutenant general or vice admiral 
     that must be held by reserve component officers and provide 
     that one of these positions must be the deputy commander of 
     the combatant command whose geographic area of responsibility 
     includes the United States.
       The Senate amendment contained a provision (sec. 1803) that 
     would express the sense of Congress that, whenever officers 
     are considered for promotion to lieutenant general or vice 
     admiral, qualified officers in the reserve components should 
     be considered for promotion to that grade. The Senate 
     amendment also contained a provision (sec. 1805) that would 
     require that a position of Deputy Commander of United States 
     Northern Command (NORTHCOM) be filled by a qualified officer 
     of the National Guard eligible for promotion to the grade of 
     lieutenant general.
       The Senate recedes with an amendment that would: (1) 
     express the sense of Congress that whenever officers are 
     considered for promotion to lieutenant general or vice 
     admiral, qualified officers in the reserve components should 
     be considered for promotion to that grade; (2) amend section 
     164(e) of title 10, United States Code, to require that at 
     least one deputy commander of NORTHCOM be a National Guard 
     officer who is eligible for promotion to the grade of O-9 
     unless a National Guard officer is the commander of NORTHCOM; 
     and (3) increase from 10 to 15 the number of general and flag 
     officer positions on the staffs of the commanders of 
     combatant commands that may be held by reserve component 
     officers below the grade of lieutenant general or vice 
     admiral.
     Retirement age and years of service limitations on certain 
         reserve general and flag officers (sec. 1825)
       The House bill contained a provision (sec. 1625) that would 
     amend section 14511 of title 10, United States Code, to 
     specify the age at which reserve officers in the rank of 
     general or admiral would be required to retire and limit 
     their total service to 40 years. The provision would also 
     amend section 14512 of title 10, United States Code, to 
     exclude the Chief of the National Guard Bureau from its 
     coverage and to require waiver by the President to allow the 
     Chief of the Navy Reserve or the Commander of the Marine 
     Forces Reserve to serve beyond age 64.
       The Senate amendment contained a provision (sec. 533(e)) 
     that would amend section 14512(a) of title 10, United States 
     Code, to authorize the President to defer until age 68 the 
     retirement of a reserve officer of the Army or Air Force 
     serving as Chief of the National Guard Bureau, Chief of the 
     Army Reserve, Chief of the Air Force Reserve, Director of the 
     Army National Guard, Director of the Air National Guard, an 
     adjutant general, or the commanding general of the troops of 
     a State.
       The Senate recedes with an amendment that would modify 
     section 14511 of title 10, United States Code, to provide 
     that reserve officers in the grade of major general or rear 
     admiral and above must retire at age 64 unless waivers to age 
     66 or 68 are authorized by the Secretary of Defense or the 
     President respectively. The amendment would also modify 
     section 14512 to authorize the Secretary of Defense to defer 
     the retirement until age 66 of the Chief of the Navy Reserve 
     and the Commander of the Marine Forces Reserve.
     Additional reporting requirements relating to National Guard 
         equipment (sec. 1826)
       The House bill contained a provision (sec. 1626) that would 
     amend section 10541 of title 10, United States Code, to add 
     two additional reporting requirements to the annual report to 
     Congress on National Guard and reserve component equipment: 
     (1) a statement of the accuracy of the previous inventory 
     projection, and if the projection was not met, an explanation 
     of why it was not met, and (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 for which 
     funds were appropriated and which was due to be procured 
     during that fiscal year which has not been received by a 
     National Guard unit as of the close of that fiscal year.
       The Senate amendment contained an identical provision (sec. 
     1807).
       The conference agreement includes this provision.

                   Legislative Provision Not Adopted

     Promotion of reserve officers to lieutenant general grade
       The Senate amendment contained a provision (sec. 1804) that 
     would amend section 10506(a)(3) of title 10, United States 
     Code, to require that service of an officer as adjutant

[[Page H15068]]

     general be treated as joint duty experience, and would 
     require the Secretaries of the Army and Air Force to review 
     and report to the congressional defense committees on the 
     promotion practices of their military departments for the 
     promotion of reserve officers from major general to 
     lieutenant general.
       The House bill contained no similar provision.
       The Senate recedes.

            Division B--Military Construction Authorizations

                              Budget Items

     Summary and explanation of funding tables
       Division B of this Act authorizes funding for military 
     construction projects of the Department of Defense. It 
     includes funding authorizations for the construction and 
     operation of military family housing as well as military 
     construction for the reserve components, the defense 
     agencies, and the North Atlantic Treaty Organization (NATO) 
     Security Investment program. It also provides authorization 
     for the base closure accounts that fund military 
     construction, environmental cleanup, and other activities 
     required to implement the decisions in base closure rounds.
       The following tables provide the project-level 
     authorizations for the military construction funding 
     authorized in Division B of this Act and summarize that 
     funding by account. Funding for base closure projects is 
     explained in additional detail in the table included in title 
     XXVII of this report.
       The budget request for fiscal year 2008 included 
     authorization of appropriations for military construction and 
     housing programs totaling $21.2 billion. Of this amount: $9.8 
     billion was requested for military construction; $2.9 billion 
     for the construction and operation of family housing; and 
     $8.4 for base closure activities, including $8.2 billion to 
     implement the results of the 2005 Base Realignment and 
     Closure (BRAC) round.
       The original budget request also proposed an additional 
     $907.9 million in emergency spending for Army military 
     construction projects in Iraq and Afghanistan and Navy 
     military construction projects in the United States related 
     to the administration's proposal to grow the size of the 
     Marine Corps. The President's October budget amendment 
     requested an additional $1.5 billion in emergency funding for 
     military construction and base closure, for a total emergency 
     request of $2.4 billion in addition to the $21.2 billion 
     request in the base budget, bringing the total military 
     construction request to $23.6 billion.
       Authorizations for which emergency funding was requested 
     and additional appropriations for domestic and overseas 
     projects are contained in title XXIX of this Act.
       Including all funding in Division B of this Act, the 
     conferees recommend authorization of appropriations for 
     military construction and housing programs totaling $23.7 
     billion. The total amount authorized for appropriations 
     reflects the continuing commitment of Congress to invest in 
     the recapitalization of Department of Defense facilities and 
     infrastructure to improve the quality of life and quality of 
     work of our service members and their families.
       Included in this conference report are projects not 
     contained in either bill which were not included in the 
     normal authorization and appropriation legislation as a 
     result of a decision by the Committee on Appropriations of 
     the House of Representatives to modify their traditional 
     procedures. These projects were eventually voted on and 
     approved by the House of Representatives in appropriations 
     legislation on November 6, 2007, approximately 5 weeks after 
     the Senate requested a conference and appointed conferees on 
     this legislation. Because these projects have been approved 
     by the House of Representatives, and as a matter of comity, 
     the conferees agreed to consider and authorize them in this 
     legislation. But the conferees consider the process that was 
     followed in this case to be an exception and by authorizing 
     these projects do not intend to establish a precedent or 
     commit to following such a process in the future.

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                     Legislative Provisions Adopted

     Short title (sec. 2001)
       The House bill contained a provision (sec. 2001) that would 
     designate Division B of this Act as the Military Construction 
     Authorization Act for Fiscal Year 2008.
       The Senate amendment contained an identical provision (sec. 
     2001).
       The conference agreement includes this provision.
     Expiration of authorizations and amounts required to be 
         specified by law (sec. 2002)
       The House bill contained a provision (sec. 2701) that would 
     establish the expiration date for authorizations in this Act 
     for military construction projects, repair of real property, 
     land acquisition, family housing projects, and contributions 
     to the North Atlantic Treaty Organization infrastructure 
     program, as of October 1, 2010, or the date of enactment of 
     an act authorizing funds for military construction for fiscal 
     year 2011, whichever is later.
       The Senate amendment contained a similar provision (sec. 
     2802).
       The House recedes.

                   Legislative Provision Not adopted

     Effective date
       The House bill contained a provision (sec. 2704) that would 
     provide that titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of 
     this Act shall take effect on October 1, 2007, or the date of 
     enactment of this Act, whichever is later.
       The Senate amendment contained an identical provision (sec. 
     2801).
       Because the conference report was not adopted prior to 
     October 1, 2007, this provision is no longer required and was 
     not included in the conference agreement.

                            TITLE XXI--ARMY

                              Budget Items

     Summary
       The fiscal year 2008 budget request for Army military 
     construction included ``placeholders'' of $2.4 billion 
     related to facilities to support the administration's ``Grow 
     the Force'' proposal to increase the size of the Army. On 
     March 30, 2007, the Army provided a detailed breakout and 
     supporting budget justification materials to Congress 
     requesting a specific allocation of these funds. While this 
     was not an official administration budget amendment, the 
     conferees have reviewed this request and included these 
     proposed changes in the conference agreement. These projects 
     are identified in the State list table included in this 
     report.
       The conferees have reduced the amounts authorized to be 
     appropriated for fiscal year 2008 for projects for which a 
     substantial amount of the full cost of the project cannot be 
     executed in fiscal year 2008, including projects to support 
     the stationing of a full brigade complex at Vicenza, Italy, 
     and the funding requested for a new headquarters facility for 
     the U.S. Southern Command in Miami, Florida. The conferees 
     have provided full project authorizations for these projects, 
     and these reductions to the authorization of appropriations 
     were made without prejudice to the projects. The conferees 
     encourage the Army to request the balance of the funding for 
     these projects in the fiscal year 2009 budget.
       Funding for a project at Eglin Air Force Base, Florida was 
     eliminated because the project could not be executed in 
     fiscal year 2008 based on the current schedule for the 
     required environmental analysis.
       The congressional defense committees and the Department of 
     Defense have traditionally analyzed requirements and funding 
     for mission projects and quality of life projects as 
     important and distinct categories. Two projects requested by 
     the Army blur these distinctions. The first is a headquarters 
     facility for the U.S. Southern Command in Miami, which 
     included funding for a child development center inside the 
     overall project cost for the headquarters. The second is a 
     brigade complex maintenance facility at Fort Drum, New York 
     that combined funding for a dining facility with funding for 
     mission-oriented projects such as vehicle maintenance shops. 
     The conferees have authorized the mission and quality of life 
     elements as separate projects in these cases. However, the 
     conferees direct the Army, and the other elements of the 
     Department of Defense, to refrain from combining mission 
     facilities and quality of life facilities into single project 
     requests in future budget submissions.
       The conferees also separately authorized funding requested 
     within a project for Vicenza that is actually intended for a 
     separate installation. The conferees also direct the 
     Department to refrain from including projects at disparate 
     installations in a single project line in the future.

                        Item of Special Interest

     Unspecified minor construction, Army
       The conferees agree that of the funds authorized for 
     appropriation for unspecified minor construction for the 
     Army, the following amounts may be made available: Hawthorne 
     Army Depot, Nevada-Wabuska rail spur, $1.4 million; and Camp 
     Rudder, Eglin Air Force Base, Florida, dining facility, $1.5 
     million.

                     Legislative Provisions Adopted

     Authorized Army construction and land acquisition projects 
         (sec. 2101)
       The House bill contained a provision (sec. 2101) that would 
     authorize military construction projects for the active 
     component of the Army for fiscal year 2008.
       The Senate amendment contained a similar provision (sec. 
     2101).
       The conference agreement includes this provision.
       The authorized amounts are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of the statement of 
     managers of Division B of this conference report provides the 
     binding list of specific construction projects authorized at 
     each location.
     Family housing (sec. 2102)
       The House bill contained a provision (sec. 2102) that would 
     authorize new construction and planning and design of family 
     housing units for the Army for fiscal year 2008. It would 
     also authorize funds for facilities that support family 
     housing, including housing management offices and housing 
     maintenance and storage facilities.
       The Senate amendment contained a similar provision (sec. 
     2102).
       The Senate recedes.
     Improvements to military family housing units (sec. 2103)
       The House bill contained a provision (sec. 2103) that would 
     authorize funding for fiscal year 2008 to improve existing 
     Army family housing units.
       The Senate amendment contained an identical provision (sec. 
     2103).
       The conference agreement includes this provision.
     Authorization of appropriations, Army (sec. 2104)
       The House bill contained a provision (sec. 2104) that would 
     authorize appropriations for the active component military 
     construction and family housing projects of the Army for 
     fiscal year 2008. This provision would also provide an 
     overall limit on the cost of the fiscal year 2008 military 
     construction and family housing projects authorized for the 
     active-duty component of the Army.
       The Senate amendment contained a similar provision (sec. 
     2204).
       The conference agreement includes this provision.
     Termination of authority to carry out fiscal year 2007 Army 
         projects for which funds were not appropriated (sec. 
         2105)
       The Senate amendment contained a provision (sec. 2105) that 
     would repeal the project authorizations and authorization of 
     appropriations for Army military construction projects 
     authorized in fiscal year 2007 for which no funds were 
     appropriated. No appropriations were provided in fiscal year 
     2007 for projects that were authorized but were not included 
     in the President's original budget request.
       The House bill contained no similar provision.
       The House recedes.
       The entire list of fiscal year 2007 active-component Army 
     projects for which the authorizations would be repealed 
     follows. The conferees have provided new authorizations for 
     some of these projects for fiscal year 2008. Those projects 
     that received new fiscal year 2008 authorizations can be 
     found in the State list of fiscal year 2008 projects 
     contained in this report.
       The conferees urge the Department of Defense and the 
     military departments to review any projects on this list that 
     are not authorized and appropriated in fiscal year 2008 and 
     re-insert those projects, if the requirements are still 
     valid, in the fiscal year 2009 future-years defense program.

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[[Page H15096]]

     Technical amendments to Military Construction Authorization 
         Act for Fiscal Year 2007 (sec. 2106)
       The Senate amendment contained a provision (sec. 2108) that 
     would make two corrections to the table of project 
     authorizations in section 2101 of the Military Construction 
     Authorization Act for Fiscal Year 2007 (Division B of Public 
     Law 109-364). One amendment would modify the name of a 
     specific location of a project in Romania to reflect a 
     modification of the original plan. This modification was 
     proposed by the Army and understood by the conferees prior to 
     the adoption of the fiscal year 2007 legislation. The second 
     amendment would correct an enrolling error and align the text 
     of the public law with the text of the conference report.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Modification of authority to carry out certain fiscal year 
         2006 projects (sec. 2107)
       The House bill contained a provision (sec. 2105) that would 
     amend section 2101 of the Military Construction Authorization 
     Act for Fiscal Year 2006 (Division B of Public Law 109-163) 
     to increase the project authorizations for Fort Bragg, North 
     Carolina by $7.0 million. This increase was requested by the 
     Department of Defense in its legislative proposal to 
     Congress.
       The Senate amendment contained an identical provision (sec. 
     2106).
       The conference agreement includes this provision.
     Extension of authorization of certain fiscal year 2005 
         project (sec. 2108)
       The Senate amendment contained a provision (sec. 2107) that 
     would extend the authorization for an Army fiscal year 2005 
     military construction project at Schofield Barracks, Hawaii, 
     until October 1, 2008, or the date of enactment of an act 
     authorizing funds for military construction for fiscal year 
     2009, whichever is later.
       The House bill contained this extension in a broader 
     provision extending authorizations for certain fiscal year 
     2005 projects across the Department of Defense (sec. 2702).
       The House recedes with a technical amendment.
       The conferees note that this extension was requested by the 
     Department of Defense in their legislative proposal to 
     Congress.
     Ground lease, SOUTHCOM headquarters facility, Miami-Doral, 
         Florida (sec. 2109)
       The Senate amendment contained a provision (sec. 2109) that 
     would require amendments to the existing ground lease 
     agreement between the United States Government and the State 
     of Florida for the land proposed as the site of a new 
     headquarters for the U.S. Southern Command (SOUTHCOM) before 
     the Secretary of the Army could begin construction of the 
     headquarters. The amendment would allow flexibility for the 
     use of this facility by other federal agencies in the event 
     future requirements change, and would require the lease term 
     to extend to 2055 rather than for 20 years.
       The House bill contained a similar provision (sec. 2834).
       The House recedes.
       The conferees understand the State of Florida is willing to 
     make these modifications to the lease agreement.

                            TITLE XXII--NAVY

                              Budget Items

     Summary
       The budget request for Navy military construction included 
     ``placeholders'' of $382.9 million related to facilities to 
     support the administration's ``Grow the Force'' proposal to 
     increase the size of the Marine Corps. On April 20, 2007, the 
     Navy provided a detailed breakout and supporting budget 
     justification materials to Congress requesting a specific 
     allocation of these funds. While this was not an official 
     administration budget amendment, the conferees have reviewed 
     this request and included these proposed changes in the 
     conference agreement. These projects are identified in the 
     State list table included in this report.
       The conferees have reduced the amounts authorized to be 
     appropriated for fiscal year 2008 for projects for which a 
     substantial amount of the full cost of the project cannot be 
     executed in fiscal year 2008, including a submarine magnetic 
     silencing facility at Pearl Harbor, Hawaii, and the Kilo 
     Wharf project in Guam. The conferees have provided full 
     project authorizations for these projects, and these 
     reductions to the authorization of appropriations were made 
     without prejudice to the projects. The conferees encourage 
     the Navy to request the balance of the funding for these 
     projects in the fiscal year 2009 budget.

                     Legislative Provisions Adopted

     Authorized Navy construction and land acquisition projects 
         (sec. 2201)
       The House bill contained a provision (sec. 2201) that would 
     authorize military construction projects for the active 
     component of the Navy and Marine Corps for fiscal year 2008.
       The Senate amendment contained a similar provision (sec. 
     2201).
       The conference agreement includes this provision.
       The authorized amounts are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of the statement of 
     managers of Division B of this conference report provides the 
     binding list of specific construction projects authorized at 
     each location.
     Family housing (sec. 2202)
       The House bill contained a provision (sec. 2202) that would 
     authorize new construction and planning and design of family 
     housing units for the Navy for fiscal year 2008. It would 
     also authorize funds for facilities that support family 
     housing, including housing management offices and housing 
     maintenance and storage facilities.
       The Senate amendment contained a similar provision (sec. 
     2202).
       The conference agreement includes this provision.
     Improvements to military family housing units (sec. 2203)
       The House bill contained a provision (sec. 2203) that would 
     authorize funding for fiscal year 2008 to improve existing 
     Navy and Marine Corps family housing units.
       The Senate amendment contained an identical provision (sec. 
     2203).
       The conference agreement includes this provision.
     Authorization of appropriations, Navy (sec. 2204)
       The House bill contained a provision (sec. 2204) that would 
     authorize appropriations for the active component military 
     construction and family housing projects of the Department of 
     the Navy for fiscal year 2008. This provision would also 
     provide an overall limit on the cost of the fiscal year 2008 
     military construction and family housing projects authorized 
     for the active-duty component of the Navy and Marine Corps.
       The Senate amendment contained a similar provision (sec. 
     2204).
       The conference agreement includes this provision.
     Termination of authority to carry out fiscal year 2007 Navy 
         projects for which funds were not appropriated (sec. 
         2205)
       The Senate amendment contained a provision (sec. 2205) that 
     would repeal the project authorizations and authorization of 
     appropriations for Navy military construction projects 
     authorized in fiscal year 2007 for which no funds were 
     appropriated. No appropriations were provided in fiscal year 
     2007 for projects that were authorized but were not included 
     in the President's original budget request.
       The House bill contained no similar provision.
       The House recedes.
       The entire list of fiscal year 2007 active-component Navy 
     projects for which the authorizations would be repealed 
     follows. The conferees have provided new authorizations for 
     some of these projects for fiscal year 2008. Those projects 
     that received new fiscal year 2008 authorizations can be 
     found in the State list of fiscal year 2008 projects 
     contained in this report.
       The conferees urge the Department of Defense and the 
     military departments to review any projects on this list that 
     are not authorized and appropriated in fiscal year 2008 and 
     re-insert those projects, if the requirements are still 
     valid, in the fiscal year 2009 future-years defense program.

[[Page H15097]]

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[[Page H15098]]

     Modification of authority to carry out certain fiscal year 
         2005 project (sec. 2206)
       The Senate amendment contained a provision (sec. 2206) that 
     would amend section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375) 
     as amended by section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163), 
     and further amended by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 2007 (Public 
     Law 109-364), to increase the authorized cost for a project 
     at the Strategic Weapons Facility, Bangor, Washington.
       The House bill contained no similar provision.
       The House recedes.
       The conferees note that this increase was requested by the 
     Department of the Navy.
     Repeal of authorization for construction of Navy outlying 
         landing field, Washington County, North Carolina (sec. 
         2207)
       The House bill contained a provision (sec. 2205) that would 
     amend section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136), 
     as amended, and section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375), 
     as amended, to repeal the authority for construction of an 
     outlying landing field at Washington County, North Carolina.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees expect the Department of the Navy to request 
     new authorization for an outlying field once a study of the 
     impact to the environment is completed and a site is 
     selected.

                         TITLE XXIII--AIR FORCE

                     Legislative Provisions Adopted

     Authorized Air Force construction and land acquisition 
         projects (sec. 2301)
       The House bill contained a provision (sec. 2301) that would 
     authorize Air Force military construction projects for fiscal 
     year 2008.
       The Senate amendment contained a similar provision (sec. 
     2301).
       The conference agreement includes this provision.
       The authorized amounts are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of the statement of 
     managers of Division B of this conference report provides the 
     binding list of specific construction projects authorized at 
     each location.
     Family housing (sec. 2302)
       The House bill contained a provision (sec. 2302) that would 
     authorize new construction and planning and design of family 
     housing units for the Air Force for fiscal year 2008. It 
     would also authorize funds for facilities that support family 
     housing, including housing management offices and housing 
     maintenance and storage facilities.
       The Senate amendment contained an identical provision (sec. 
     2302).
       The conference agreement includes this provision.
     Improvements to military family housing units (sec. 2303)
       The House bill contained a provision (sec. 2303) that would 
     authorize funding for fiscal year 2008 to improve existing 
     Air Force family housing units.
       The Senate amendment contained an identical provision (sec. 
     2303).
       The conference agreement includes this provision.
     Authorization of appropriations, Air Force (sec. 2304)
       The House bill contained a provision (sec. 2304) that would 
     authorize appropriations for the active component military 
     construction and family housing projects of the Air Force for 
     fiscal year 2008. This provision would also provide an 
     overall limit on the cost of the fiscal year 2008 military 
     construction and family housing projects authorized for the 
     active-duty component of the Air Force.
       The Senate amendment contained a similar provision (sec. 
     2304).
       The conference agreement includes this provision.
     Termination of authority to carry out fiscal year 2007 Air 
         Force projects for which funds were not appropriated 
         (sec. 2305)
       The Senate amendment contained a provision (sec. 2305) that 
     would repeal the project authorizations and authorization of 
     appropriations for Air Force military construction projects 
     authorized in fiscal year 2007 for which no funds were 
     appropriated. No appropriations were provided in fiscal year 
     2007 for projects that were authorized but were not included 
     in the President's original budget request.
       The House bill contained no similar provision.
       The House recedes with an amendment that would provide an 
     exception for projects for which a contract was awarded 
     during fiscal year 2007. The conferees note that this would 
     apply only to a project at Robins Air Force Base, Georgia.
       The entire list of fiscal year 2007 active-component Air 
     Force projects for which the authorizations would be repealed 
     follows. The conferees have provided new authorizations for 
     some of these projects for fiscal year 2008. Those projects 
     that received new fiscal year 2008 authorizations can be 
     found in the State list of fiscal year 2008 projects 
     contained in this report.
       The conferees urge the Department of Defense and the 
     military departments to review any projects on this list that 
     are not authorized and appropriated in fiscal year 2008 and 
     re-insert those projects, if the requirements are still 
     valid, in the fiscal year 2009 future-years defense program.

[[Page H15099]]

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[[Page H15100]]

     Modification of authority to carry out certain fiscal year 
         2006 project (sec. 2306)
       The House bill contained a provision (sec. 2305) that would 
     amend section 2301 of the Military Construction Authorization 
     Act for Fiscal Year 2006 (Division B of Public Law 109-163) 
     to increase project authorizations for MacDill Air Force 
     Base, Florida by $25.0 million.
       The Senate amendment contained a similar provision (sec. 
     2306).
       The Senate recedes.
       The conferees note that this increase was requested by the 
     Department of Defense in its legislative proposal to 
     Congress.
     Extension of authorizations of certain fiscal year 2005 
         projects (sec. 2307)
       The Senate amendment contained a provision (sec. 2307) that 
     would extend the authorization for several fiscal year 2005 
     Air Force military construction projects until October 1, 
     2008, or the date of enactment of an act authorizing funds 
     for military construction for fiscal year 2009, whichever is 
     later.
       The House bill contained a similar list of extensions in a 
     broader provision extending authorizations for certain fiscal 
     year 2005 projects across the Department of Defense (sec. 
     2702).
       The House recedes with a technical amendment.
       The conferees note that these extensions were requested by 
     the Air Force.
     Extension of authorizations of certain fiscal year 2004 
         projects (sec. 2308)
       The Senate amendment contained a provision (sec. 2308) that 
     would extend the authorization for certain fiscal year 2005 
     Air Force military construction projects until October 1, 
     2008, or the date of enactment of an act authorizing funds 
     for military construction for fiscal year 2009, whichever is 
     later.
       The House bill contained an identical list of extensions in 
     a broader provision extending authorizations for certain 
     fiscal year 2004 projects across the Department of Defense 
     (sec. 2703).
       The House recedes with a technical amendment.
       The conferees note that these extensions were requested by 
     the Department of Defense in their legislative proposal to 
     Congress.

                      TITLE XXIV--DEFENSE AGENCIES

                              Budget Items

     Summary
       The Department of Defense requested funding for chemical 
     demilitarization as a new separate funding title. The 
     conference agreement continues to fund this program in title 
     XXIV, as in previous years.
       The conferees have reduced the amounts authorized to be 
     appropriated for fiscal year 2008 for projects for which a 
     substantial amount of the full cost of the project cannot be 
     executed in fiscal year 2008, including a Special Operations 
     facility at Dam Neck, Virginia, and a Defense Logistics 
     Agency project at Point Loma, California. The conferees have 
     provided full project authorizations for these projects, and 
     these reductions to the authorization of appropriations were 
     made without prejudice to the projects. The conferees 
     encourage the Department to request the balance of the 
     funding for these projects in the fiscal year 2009 budget.
       No authorization was provided for a Special Operations 
     Forces headquarters facility at Little Creek, Virginia, based 
     on information from the Commander, United States Special 
     Operations Command, that this project is not required at this 
     time.

                     Legislative Provisions Adopted

     Authorized defense agencies construction and land acquisition 
         projects (sec. 2401)
       The House bill contained a provision (sec. 2401) that would 
     authorize military construction projects for the defense 
     agencies for fiscal year 2008.
       The Senate amendment contained a similar provision (sec. 
     2401).
       The conference agreement includes this provision.
       The authorized amounts are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of the statement of 
     managers of Division B of this conference report provides the 
     binding list of specific construction projects authorized at 
     each location.
     Energy conservation projects (sec. 2402)
       The House bill contained a provision (sec. 2402) that would 
     authorize the Secretary of Defense to carry out energy 
     conservation projects.
       The Senate amendment contained a similar provision (sec. 
     2402).
       The House recedes with a technical amendment.
     Authorization of appropriations, defense agencies (sec. 2403)
       The House bill contained a provision (sec. 2404) that would 
     authorize appropriations for the military construction 
     projects of the defense agencies for fiscal year 2008. This 
     provision would also provide an overall limit on the cost of 
     the fiscal year 2008 military construction projects 
     authorized for the defense agencies.
       The Senate amendment contained a similar provision (sec. 
     2403).
       The conference agreement includes this provision.
     Termination or modification of authority to carry out fiscal 
         year 2007 defense agencies projects (sec. 2404)
       The Senate amendment contained a provision (sec. 2404) that 
     would repeal the project authorizations and authorization of 
     appropriations for defense agency military construction 
     projects authorized in fiscal year 2007 for which no funds 
     were appropriated. No appropriations were provided in fiscal 
     year 2007 for projects that were authorized but were not 
     included in the President's original budget request.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
       The entire list of fiscal year 2007 defense agency projects 
     for which the authorizations would be repealed follows. The 
     conferees have provided new authorizations for some of these 
     projects for fiscal year 2008. Those projects that received 
     new fiscal year 2008 authorizations can be found in the State 
     list of fiscal year 2008 projects contained in this report.
       The conferees urge the Department of Defense to review any 
     projects on this list that are not authorized and 
     appropriated in fiscal year 2008 and re-insert those 
     projects, if the requirements are still valid, in the fiscal 
     year 2009 future-years defense program.

[[Page H15101]]

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[[Page H15102]]

     Munitions demilitarization facilities, Blue Grass Army Depot, 
         Kentucky, and Pueblo Chemical Activity, Colorado (sec. 
         2405)
       The Senate amendment contained a provision (sec. 2406) that 
     would permit the Secretary of Defense to transfer, subject to 
     certain certifications, authorizations in this Act for 
     military construction for the defense agencies in order to 
     provide additional funds to accelerate the construction of 
     previously authorized facilities for the destruction of 
     chemical weapons at Blue Grass Army Depot, Kentucky, and 
     Pueblo Chemical Activity, Colorado. The amendment would set 
     forth a maximum amount that could be transferred for each 
     facility.
       The House bill contained no similar provision.
       The House recedes with a technical amendment. The conferees 
     expect any authorizations transferred under the authority of 
     this section to be derived from bid savings, not from the 
     cancellation of other projects.
     Extension of authorizations of certain fiscal year 2005 
         projects (sec. 2406)
       The Senate amendment contained a provision (sec. 2405) that 
     would extend the authorization for certain fiscal year 2005 
     military construction projects until October 1, 2008, or the 
     date of enactment of an act authorizing funds for military 
     construction for fiscal year 2009, whichever is later.
       The House bill contained an identical list of extensions in 
     a broader provision extending authorizations for certain 
     fiscal year 2005 projects across the Department of Defense 
     (sec. 2702).
       The House recedes with a technical amendment.

                   Legislative Provision Not Adopted

     Wounded warrior facility support
       The House bill contained a provision (sec. 2405) that would 
     reallocate funding in the base closure account to accelerate 
     or enhance medical care facilities related to the 
     establishment of the Walter Reed National Medical Center.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conference outcome is reflected in the tables in this 
     conference report. The conferees note that the elements of 
     this provision were incorporated in the budget amendment 
     submitted by the President on October 22, 2007, and are 
     authorized in title XXIX of this Act.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

                     Legislative Provisions Adopted

     Authorized NATO construction and land acquisition projects 
         (sec. 2501)
       The House bill contained a provision (sec. 2501) that would 
     authorize the Secretary of Defense to make contributions to 
     the North Atlantic Treaty Organization (NATO) Security 
     Investment Program in an amount equal to the sum of the 
     amount specifically authorized in section 2502 of this title 
     and the amount of recoupment due to the United States for 
     construction previously financed by the United States.
       The Senate amendment contained an identical provision (sec. 
     2501).
       The conference agreement includes this provision.
     Authorization of appropriations, NATO (sec. 2502)
       The House bill contained a provision (sec. 2502) that would 
     authorize appropriations of $201.4 million for the United 
     States' contribution to the North Atlantic Treaty 
     Organization (NATO) Security Investment Program for fiscal 
     year 2008.
       The Senate amendment contained an identical provision (sec. 
     2502).
       The conference agreement includes this provision.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

                              Budget Items

       The conference agreement includes specific project 
     authorizations for Guard and reserve projects, in accordance 
     with the long-standing process used for active component 
     construction projects, in addition to the traditional 
     authorization of appropriations for Guard and reserve 
     projects.

                       Items of Special Interest

     Unspecified minor construction, Army National Guard
       The conferees agree that of the funds authorized for 
     appropriation for unspecified minor construction for the Army 
     National Guard, the following amounts may be made available: 
     Marana, Arizona, fire station, Silverbell Army Heliport, $2.0 
     million; Camp Dodge, Iowa, main entrance, $1.5 million; Camp 
     Perry, Ohio, base engineering, operations, and classroom 
     facility, $1.5 million; Newton Falls, Ohio, training building 
     (#813) alteration, Ravenna Training and Logistics Site, $1.5 
     million; Kenai, Alaska, add/alter readiness center, $1.4 
     million; and Northfield, Vermont, billeting, regional 
     readiness tech center, $1.5 million.
     Unspecified minor construction, Air National Guard
       The conferees agree that of the funds authorized for 
     appropriation for unspecified minor construction for the Air 
     National Guard, the following amounts may be made available: 
     Duluth, Minnesota, replace storage facilities, $1.5 million; 
     and Rapid City, South Dakota, joint force headquarters, 
     $900,000.

                     Legislative Provisions Adopted

     Authorized Army National Guard construction and land 
         acquisition projects (sec. 2601)
       The Senate amendment contained a provision (sec. 2601) that 
     would authorize military construction projects for the Army 
     National Guard for fiscal year 2008.
       The House bill contained no similar provision.
       The House recedes with an amendment modifying the list of 
     projects authorized in this Act.
       The authorized amounts are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of the statement of 
     managers of Division B of this conference report provides the 
     binding list of specific construction projects authorized at 
     each location.
     Authorized Army Reserve construction and land acquisition 
         projects (sec. 2602)
       The Senate amendment contained a provision (sec. 2602) that 
     would authorize military construction projects for the Army 
     Reserve for fiscal year 2008.
       The House bill contained no similar provision.
       The House recedes with an amendment modifying the list of 
     projects authorized in this Act.
       The authorized amounts are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of the statement of 
     managers of Division B of this conference report provides the 
     binding list of specific construction projects authorized at 
     each location.
     Authorized Navy Reserve and Marine Corps Reserve construction 
         and land acquisition projects (sec. 2603)
       The Senate amendment contained a provision (sec. 2603) that 
     would authorize military construction projects for the Navy 
     Reserve and Marine Corps Reserve for fiscal year 2008.
       The House bill contained no similar provision.
       The House recedes with an amendment modifying the list of 
     projects authorized in this Act.
       The authorized amounts are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of the statement of 
     managers of Division B of this conference report provides the 
     binding list of specific construction projects authorized at 
     each location.
     Authorized Air National Guard construction and land 
         acquisition projects (sec. 2604)
       The Senate amendment contained a provision (sec. 2604) that 
     would authorize military construction projects for the Air 
     National Guard for fiscal year 2008.
       The House bill contained no similar provision.
       The House recedes with an amendment modifying the list of 
     projects authorized in this Act.
       The authorized amounts are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of the statement of 
     managers of Division B of this conference report provides the 
     binding list of specific construction projects authorized at 
     each location.
     Authorized Air Force Reserve construction and land 
         acquisition projects (sec. 2605)
       The Senate amendment contained a provision (sec. 2605) that 
     would authorize military construction projects for the Air 
     Force Reserve for fiscal year 2008.
       The House bill contained no similar provision.
       The House recedes.
       The authorized amounts are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of the statement of 
     managers of Division B of this conference report provides the 
     binding list of specific construction projects authorized at 
     each location.
     Authorization of appropriations, National Guard and Reserve 
         (sec. 2606)
       The House bill contained a provision (sec. 2601) that would 
     authorize appropriations for reserve component military 
     construction projects for fiscal year 2008.
       The Senate amendment contained a similar provision (sec. 
     2606).
       The conference agreement includes this provision.
     Termination of authority to carry out fiscal year 2007 Guard 
         and Reserve projects for which funds were not 
         appropriated (sec. 2607)
       The Senate amendment contained a provision (sec. 2607) that 
     would repeal the project authorizations and authorization of 
     appropriations for reserve component military construction 
     projects authorized in fiscal year 2007 for which no funds 
     were appropriated. No appropriations were provided in fiscal 
     year 2007 for projects that were authorized but were not 
     included in the President's original budget request.
       The House bill contained no similar provision.
       The House recedes.
       The entire list of fiscal year 2007 reserve component 
     projects for which the authorizations would be repealed 
     follows. The conferees have provided new authorizations for 
     some of these projects for fiscal year 2008. Those projects 
     that received new fiscal year 2008 authorizations can be 
     found in the State

[[Page H15103]]

     list of fiscal year 2008 projects contained in this report.
       The conferees urge the Department of Defense and the 
     military departments to review any projects on this list that 
     are not authorized and appropriated in fiscal year 2008 and 
     re-insert those projects, if the requirements are still 
     valid, in the fiscal year 2009 future-years defense program.

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     Modification of authority to carry out fiscal year 2006 Air 
         Force Reserve construction and acquisition projects (sec. 
         2608)
       The Senate amendment contained a provision (sec. 2608) that 
     would reduce the authorization of appropriations for fiscal 
     year 2006 Air Force Reserve projects. The provision would 
     eliminate the authorization to convert a hanger into a 
     headquarters for a C-17 unit at Elmendorf Air Force Base, 
     Alaska.
       The House bill included no similar provision.
       The House recedes.
     Extension of authorizations of certain fiscal year 2005 
         projects (sec. 2609)
       The Senate amendment contained a provision (sec. 2609) that 
     would extend the authorization of certain fiscal year 2005 
     military construction projects until October 1, 2008, or the 
     date of enactment of an act authorizing funds for military 
     construction for fiscal year 2009, whichever is later.
       The House bill contained an identical list of extensions in 
     a broader provision extending authorizations for certain 
     fiscal year 2005 projects across the Department of Defense 
     (sec. 2702).
       The House recedes with a technical amendment.
     Extension of authorizations of certain fiscal year 2004 
         projects (sec. 2610)
       The Senate amendment contained a provision (sec. 2610) that 
     would extend the authorization for certain fiscal year 2005 
     Army National Guard military construction projects until 
     October 1, 2008, or the date of enactment of an act 
     authorizing funds for military construction for fiscal year 
     2009, whichever is later.
       The House bill contained an identical list of extensions in 
     a broader provision extending authorizations for certain 
     fiscal year 2004 projects across the Department of Defense 
     (sec. 2703).
       The House recedes with a technical amendment.
       The conferees note that these extensions were requested by 
     the Department of Defense in their legislative proposal to 
     Congress.

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                              Budget Items

     Summary and explanation of tables
       The budget request included $220.7 million for the ongoing 
     cost of environmental remediation and other activities 
     necessary to continue implementation of the 1988, 1991, 1993, 
     and 1995 Base Realignment and Closure (BRAC) rounds. The 
     conference agreement authorizes funding for these activities 
     in section 2701 of this Act, including an increase of $75.0 
     million to accelerate the cleanup of BRAC properties.
       In addition, the budget requested an authorization of 
     appropriations of $8.2 billion for implementation of the 2005 
     BRAC round. Section 2703 of this Act authorizes 
     appropriations requested for BRAC activities in fiscal year 
     2008. Included in the $8.2 billion requested for BRAC is an 
     authorization of appropriations for $6.4 billion in military 
     construction projects that would be initiated in fiscal year 
     2008. The full project authorization amount of these projects 
     is $8.7 billion. Section 2702 of this Act provides the 
     authorization for these projects.
       The conference agreement includes a general reduction to 
     the BRAC 2005 account that does not reduce the amount 
     authorized for any specific project.
       The following table provides the specific amount authorized 
     for each BRAC military construction project as well as the 
     amount authorized for appropriations for all BRAC activities, 
     including military construction, environmental costs, 
     relocation and other operation and maintenance costs, 
     permanent change of station costs for military personnel, and 
     other BRAC costs.

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                     Legislative Provisions Adopted

     Authorization of appropriations for base closure and 
         realignment activities funded through Department of 
         Defense Base Closure Account 1990 (sec. 2701)
       The Senate amendment contained a provision (sec. 2701) that 
     would authorize appropriations for fiscal year 2008 for 
     ongoing activities that are required to implement the 
     decisions of the 1988, 1991, 1993, and 1995 base realignment 
     and closure (BRAC) rounds.
       The House bill contained a similar provision (section 
     2404(a)(8)).
       The House recedes with an amendment to the amount 
     authorized.
     Authorized base closure and realignment activities funded 
         through Department of Defense base closure account 2005 
         (sec. 2702)
       The House bill contained a provision (sec. 2403) that would 
     authorize military construction projects for fiscal year 2008 
     that are required to implement the decisions of the 2005 
     Defense Base Realignment and Closure round.
       The Senate amendment contained a similar provision (sec. 
     2702).
       The House recedes with an amendment to the amounts 
     authorized.
       The table included in this title of the report lists the 
     specific amounts authorized at each location.
     Authorization of appropriations for base closure and 
         realignment activities funded through Department of 
         Defense Base Closure Account 2005 (sec. 2703)
       The House bill contained a provision (sec. 2404(a)(9)) that 
     would authorize appropriations for the Department of Defense 
     for military construction projects for fiscal year 2008 that 
     are required to implement the decisions of the 2005 Defense 
     Base Realignment and Closure round.
       The Senate amendment contained a similar provision (sec. 
     2703) that would also specify the amount authorized for each 
     military department and for the defense agencies.
       The House recedes with an amendment to the amounts 
     authorized.
       The State list contained in this report is the binding list 
     of the specific projects authorized at each location for the 
     purposes of notifications under section 2704 of this Act.
     Authorized cost and scope of work variations (sec. 2704)
       The Senate amendment contained a provision (sec. 2704) that 
     would require that each Base Realignment and Closure (BRAC) 
     military construction project carried out with amounts 
     authorized for appropriations by sections 2701 and 2703 of 
     this title be subject to the limits on cost and scope 
     variations contained in section 2853 of title 10, United 
     States Code. Furthermore, this provision would establish, as 
     a baseline for the determination of variations, the cost and 
     scope contained in the military construction project data for 
     each project provided to the congressional defense committees 
     annually in justification material accompanying each 
     President's budget request.
       The House bill contained no similar provision.
       The House recedes with an amendment to the thresholds that 
     trigger cost variation reports and would require a one-time 
     report on cost or scope variations on existing BRAC 
     construction projects for the 2005 base closure round. The 
     amendment would also establish the amount specified for such 
     projects in the annual military construction authorization 
     act as the baseline for reporting.
     Transfer of funds from Department of Defense Base Closure 
         Account 2005 to Department of Defense Housing Funds (sec. 
         2705)
       The House bill contained a provision (sec. 2821) that would 
     authorize the Secretary of Defense to transfer funds from the 
     Department of Defense (DOD) Base Closure and Realignment 
     (BRAC) account to the DOD Family Housing Improvement Fund 
     (FHIF), enabling the use of the privatization authorities to 
     meet the family housing requirements associated with the 2005 
     BRAC recommendations. It also would allow similar transfers 
     of funds to the Military Unaccompanied Housing Improvement 
     Fund (MUHIF).
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would add a 
     certification to the notice of transfer. This notice would 
     require the Department of Defense Base Closure Account 2005 
     funds, used in the transfer to the FHIF or the MUHIF, to be 
     specified for that purpose in the conference report that 
     accompanies the most recent Military Construction 
     Authorization Act.
     Comprehensive accounting of funding required to ensure timely 
         implementation of 2005 Defense Base Closure and 
         Realignment Commission recommendations (sec. 2706)
       The Senate amendment contained a provision (sec. 2842) that 
     would require the Secretary of Defense to submit to Congress 
     a comprehensive accounting of the funding required to ensure 
     all decisions of the 2005 Defense Base Closure and 
     Realignment round remain on schedule to be completed by 
     September 15, 2011.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Relocation of units from Roberts United States Army Reserve 
         Center and Navy-Marine Corps Reserve Center, Baton Rouge, 
         Louisiana (sec. 2707)
       The Senate amendment contained a provision (sec. 2611) that 
     would permit the Secretary of the Army to use land in the 
     vicinity of the Baton Rouge airport in Baton Rouge, Louisiana 
     to site an Army Reserve Center and a Navy-Marine Corps 
     Reserve Center, if such location was determined by the 
     Secretary to be in the national security and public interest 
     of the Nation.
       The House bill contained no similar provision.
       The House recedes with an amendment clarifying that the 
     funds authorized to be appropriated for base closure in this 
     Act may be used to locate the reserve centers on a more 
     suitable piece of property in the same vicinity as the 
     airport. The conferees understand that the Department of the 
     Army agrees that an alternate parcel not adjacent to the 
     airport is more suitable for carrying out the intent of the 
     2005 Defense Base Closure and Realignment Commission's 
     recommendation for reserve component transformation in 
     Louisiana.
     Acquisition of real property, Fort Belvoir, Virginia, as part 
         of the realignment of the installation (sec. 2708)
       The House bill contained a provision (sec. 2837) that would 
     direct the Secretary of the Army to enter into an agreement 
     with the Administrator of the General Services Administration 
     (GSA) to exchange property for the purpose of making a parcel 
     of GSA property in Springfield, Virginia, available for 
     incorporation into Fort Belvoir, Virginia.
       The Senate amendment contained a similar provision (sec. 
     2853) that would permit the Secretary to enter into an 
     agreement to transfer jurisdiction of the Springfield parcel 
     to the Army. The Senate amendment would also allow the Army 
     to provide additional forms of compensation to the 
     Administrator.
       The Senate recedes with an amendment that would allow the 
     Secretary to consider and purchase other parcels in the 
     vicinity of Fort Belvoir, in addition to the GSA property, 
     for the purpose of relocating personnel to that installation. 
     The conferees agree to require the Secretary to select any 
     additional parcel of property not currently part of Fort 
     Belvoir on the basis of best value and to use competitive 
     procedures to acquire any such parcel of privately held land 
     and real property.
       The conferees note that the Army has already begun the 
     process of evaluating alternate sites and support the Army's 
     goal of relocating employees of the Washington Headquarters 
     Service to Fort Belvoir in a way that minimizes costs and 
     traffic congestion and facilitates compliance with the 
     September 2011 deadline.
     Report on availability of traffic infrastructure and 
         facilities to support base realignments (sec. 2709)
       The House bill contained a provision (sec. 2822) that would 
     prohibit the relocation of members of the armed forces and 
     civilian employees of the Department of Defense who are 
     scheduled to be relocated to Fort Belvoir, Virginia, as a 
     result of the closure of leased-office space in Arlington, 
     Virginia, pursuant to the recommendations of the 2005 Defense 
     Base Closure and Realignment Commission. This limitation 
     would be obviated when the Secretary of the Army certified 
     that the necessary transportation infrastructure, as 
     identified by the Fort Belvoir Environmental Impact 
     Statement, to accommodate the total number of military 
     members, military dependents, and civilian employees to be 
     assigned to Fort Belvoir is substantially completed.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would state the 
     sense of Congress that the Department should consider roads 
     at military installations significantly impacted by a 
     realignment of forces for designation as defense access roads 
     and that the Secretary of Defense should ensure that the full 
     range of permanent facilities are in place and ready for use 
     prior to the movement of members of the armed forces, 
     civilian employees, and their families. The amendment would 
     also direct the Comptroller General to submit to the 
     congressional defense committees, not later than April 1, 
     2008, an assessment of significantly impacted installations 
     for the purpose of determining whether military facility 
     requirements will be met before the arrival of forces and 
     whether sufficient funding has been programmed in the Defense 
     Access Roads program to mitigate community traffic 
     congestion.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

     Authority to use operation and maintenance funds for 
         construction projects outside the United States (sec. 
         2801)
       The House bill contained a provision (sec. 2806) that would 
     further amend section 2808 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136), 
     as amended, to extend for 1 year, through the end of fiscal 
     year 2008, the temporary authority provided to the Secretary 
     of Defense to use funds appropriated for operation and 
     maintenance to carry out construction projects intended to 
     satisfy certain operational requirements in support of a 
     declaration of war, national emergency, or other contingency. 
     The House bill would require advance notification to Congress 
     of such projects.
       The Senate amendment contained a similar provision (sec. 
     2814) that would also extend the authority for 1 year and 
     would remove the Secretary's authority to waive the annual 
     dollar limitation on this authority.

[[Page H15115]]

       The Senate recedes with an amendment that would remove the 
     authority to waive the dollar limitation and would also allow 
     the Department of Defense to use this authority retroactively 
     for nine fiscal year 2007 projects the Department intended to 
     execute in September 2007, but which they were precluded from 
     executing due to the suspension of this authority resulting 
     from the failure to provide timely notification to Congress 
     regarding the obligation of funds for other such fiscal year 
     2007 projects. The nine projects are:
       (1) MUNS storage area, Balad Air Base (AB), $22.0 million;
       (2) MNSTC-I beddown barracks, Camp Phoenix, $37.0 million;
       (3) CSAR helicopter ramp, Balad AB, $9.7 million;
       (4) Airfield overruns, Balad AB, $15.5 million;
       (5) Strategic fuel reserve, Camp Speicher, $19.0 million;
       (6) Aeromedical evacuation compound, Balad AB, $15.3 
     million;
       (7) DS Maintenance facility (FY2005), Balad AB, $10.8 
     million;
       (8) Dining facility #5 (FY2004), Balad AB, $15.2 million; 
     and
       (9) Pave Aspen connectors, Kuwait, various sites, $11.6 
     million.
       All nine of these projects are in Iraq except as noted.
       The conferees believe the Department requires some 
     flexibility to meet emerging war-related facility needs, but 
     expect the Department to use this authority more judiciously 
     in the future.
     Clarification of requirement for authorization of military 
         construction (sec. 2802)
       The Senate amendment contained a provision (sec. 2818) that 
     would amend sections 2801(a) and 2802(a) of title 10, United 
     States Code, to add land acquisitions and defense access road 
     projects to the definition of military construction and to 
     the types of projects for which the Secretary of Defense and 
     the secretaries of the military departments would be 
     permitted to carry out once authorized by law.
       The House bill contained no similar provision.
       The House recedes.
       The conferees intend for the Secretary of Defense or the 
     secretaries of the military departments to include in each 
     annual budget submission a request for specific authorization 
     for each land acquisition and defense access road project to 
     be carried out using appropriations for military 
     construction. The request should be listed either as a 
     separate project, or clearly indicated in the military 
     construction project data in the justification material in 
     support of the budget request if the land acquisition or 
     defense access road is proposed to be carried out as part of 
     a larger military construction project. The conferees intend 
     this provision to clarify what they believe to be the 
     requirements under existing law.
     Increase in thresholds for unspecified minor military 
         construction projects (sec. 2803)
       The Senate amendment contained a provision (sec. 2813) that 
     would amend section 2805(a)(1) of title 10, United States 
     Code, by raising the threshold of the cost of a minor 
     construction project authorized by this section from $1.5 
     million to $2.5 million. This provision would also raise the 
     threshold of the cost of a construction project intended 
     solely to correct a deficiency that is life-threatening, 
     health-threatening, or safety-threatening from $3.0 million 
     to $4.0 million.
       The House bill contained no similar provision.
       The House recedes with an amendment that would raise the 
     threshold of the cost of a minor construction project 
     authorized by section 2805(a)(1) of title 10, United States 
     Code, from $1.5 million to $2.0 million.
     Temporary authority to support revitalization of Department 
         of Defense laboratories through unspecified minor 
         military construction projects (sec. 2804)
       The House bill contained a provision (sec. 2801) that would 
     provide the Department of Defense (DOD) with additional 
     authority to improve DOD laboratories using minor 
     construction authorities similar to those already contained 
     in section 2805 of title 10, United States Code. The 
     temporary authority would expire on September 30, 2012.
       The Senate amendment contained a similar provision (sec. 
     2815).
       The Senate recedes with a clarifying amendment.
     Extension of authority to accept equalization payments for 
         facility exchanges (sec. 2805)
       The House bill contained a provision (sec. 2805) that would 
     extend the authority provided in section 2809 of the Ronald 
     W. Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375) by an additional 3 years, until 
     September 30, 2010.
       The Senate amendment contained a similar provision (sec. 
     2817).
       The House recedes.
     Modifications of authority to lease military family housing 
         (sec. 2806)
       The House bill contained a provision (sec. 2802) that would 
     amend section 2828 of title 10, United States Code, by 
     raising from $500,000 to $1.0 million in annual rental 
     payments the threshold for which prior congressional 
     notification of overseas leases is required.
       The Senate amendment contained a similar provision (sec. 
     2851) that would also modify section 2828 of title 10, United 
     States Code, to grant the Secretary of the Army additional 
     authority to enter into high-cost leases for up to 600 units 
     in the United States and set an annual per unit ceiling of 
     $100,000 on the cost of any overseas leased unit. The 
     provision would also combine and consolidate the existing 
     authorities for high-cost leases in Italy for the Army and 
     the Navy into a single limit applicable to the entire 
     Department of Defense.
       The House recedes with an amendment that would delete the 
     proposed maximum cost ceiling on a foreign leased unit but 
     would require the Secretary of Defense to report to the 
     congressional defense committees on leases in foreign 
     countries costing in excess of $60,000 per unit per year. The 
     report would include the requirement for such high-cost 
     leases and the options available to decrease those costs. The 
     conferees note that the military departments have already 
     identified to the committees leases costing in excess of 
     $100,000 per unit per year and intend to use this report to 
     evaluate options for addressing this issue in the future.
       The conferees believe the administration's proposal to 
     increase the per unit cost ceiling on leased units in Korea 
     is unaffordable. The conferees support the continued 
     consolidation of forces in Korea and urge the Department of 
     Defense to pursue other means to provide adequate family 
     housing in Korea.
     Expansion of authority to exchange reserve component 
         facilities (sec. 2807)
       The House bill contained a provision (sec. 2804) that would 
     expand the authority of the Secretary of Defense to exchange 
     reserve component facilities with other federal agencies 
     including the United States Postal Service.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
     Limitation on use of alternative authority for acquisition 
         and improvement of military housing for privatization of 
         temporary lodging facilities (sec. 2808)
       The House bill contained a provision (sec. 2803) that would 
     limit the privatization of Army lodging to 13 installations. 
     The provision would also direct the Secretary of the Army to 
     submit a report not later than June 1, 2009 that would 
     describe the implementation of the pilot program and evaluate 
     its efficiency, and would direct the Comptroller General to 
     submit to the congressional defense committees an assessment 
     of the pilot program and of the Secretary's report.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that limits the 
     privatization of Army lodging to 13 military installations 
     until 120 days after the Secretary of the Army submits a 
     report to the congressional defense committees and the 
     Comptroller General. The Secretary of the Army's report shall 
     be submitted no earlier than 8 months after a notice of 
     transfer associated with the 13 military installations, and 
     shall describe the implementation of the privatization of 
     temporary lodging facilities, evaluate the efficiency of the 
     program, and include any recommendations the Secretary of the 
     Army considers appropriate regarding the expansion of the 
     program.
       The amendment would also direct the Comptroller General to 
     submit a report to the congressional defense committees 
     within 90 days of the Secretary of the Army's report that 
     reviews both the privatization of temporary lodging 
     facilities and the report of the Secretary.
       Additional solicitations for the privatization of temporary 
     lodging facilities would be permitted 120 days after Congress 
     receives the report from the Secretary of the Army.
     Two-year extension of temporary program to use minor military 
         construction authority for construction of child 
         development centers (sec. 2809)
       The Senate amendment contained a provision (sec. 2816) that 
     would amend section 2810 of the Military Construction 
     Authorization Act for Fiscal Year 2006 (Division B of Public 
     Law 109-163) to extend by 2 years the temporary authority 
     provided to the Secretary of Defense to use higher minor 
     construction thresholds for the construction of child 
     development centers.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Report on housing privatization initiatives (sec. 2810)
       The Senate amendment contained a provision (sec. 2866) that 
     would require the Comptroller General to submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report containing information on housing 
     privatization transactions carried out by the Department of 
     Defense that are behind schedule or in default. The report 
     would describe remedies available to address the problems 
     with these projects.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.

        Subtitle B--Real Property and Facilities Administration

     Requirement to report real property transactions resulting in 
         annual costs of more than $750,000 (sec. 2821)
       The Senate amendment contained a provision (sec. 2831) that 
     would amend section 2662 of title 10, United States Code, to 
     require the Secretary of Defense, the secretaries of the

[[Page H15116]]

     military departments, or their designees, to notify Congress 
     prior to entering into a transaction or contract action that 
     results in or includes the acquisition, lease or license, or 
     any other use by entities of the Department of Defense of 
     real property if the estimated annual rental or cost is more 
     than $750,000.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Consolidation of real property provisions without substantive 
         change (sec. 2822)
       The House bill contained a provision (sec. 2811) that would 
     consolidate the real property authorities provided under 
     sections 2663 and 2677 of title 10, United States Code, as 
     requested by the Department of Defense.
       The Senate amendment contained a similar provision (sec. 
     2835).
       The Senate recedes.
     Modification of authority to lease non-excess property of the 
         military departments (sec. 2823)
       The Senate amendment contained a provision (sec. 2832) that 
     would amend section 2667 of title 10, United States Code, to 
     require the secretary of a military department to use 
     competitive procedures to select lessees for transactions 
     authorized by paragraph (a) of section 2667. The provision 
     would also eliminate the authority for the secretary 
     concerned to receive in-kind consideration or to use rental 
     and other proceeds for facility operation support.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 
     the secretary concerned to use procedures other than open 
     competition to enter into certain transactions that would 
     result in a benefit to the public. The amendment would also 
     clarify the use by the secretary concerned of in-kind 
     consideration, rental, or other proceeds received as a result 
     of the transaction.
       The conferees intend the definition of real property 
     maintenance services used in the provision to be limited to 
     pavement clearance, refuse collection and disposal, grounds 
     and landscape maintenance, and pest control.
     Cooperative agreement authority for management of cultural 
         resources on certain sites outside military installations 
         (sec. 2824)
       The House bill contained a provision (sec. 2812) that would 
     expand the authority of the Department of Defense to enter 
     into agreements for the management of cultural resources on 
     sites outside as well as inside the boundaries of military 
     installations if such agreements would relieve or eliminate 
     current or anticipated restrictions on military operations.
       The Senate amendment contained a similar provision (sec. 
     1026).
       The Senate recedes.
     Agreements to limit encroachments and other constraints on 
         military training, testing, and operations (sec. 2825)
       The House bill contained a provision (sec. 2813) that would 
     allow agreements to limit encroachment to provide for the 
     ongoing upkeep and management of buffer zones bordering 
     defense installations, in addition to the authority to 
     acquire the property provided under current law. The House 
     bill would also allow the fair market value of a group of 
     related properties or interest to be calculated cumulatively.
       The Senate amendment contained a similar provision (sec. 
     2833) that would permit Department of Defense entities to 
     acquire an interest in property where the cost of acquiring 
     the interest exceeds the fair market value of the property, 
     if the Secretary of Defense or the secretary of a military 
     department certifies that the military value of the 
     acquisition provides benefits that justify a payment in 
     excess of the fair market value.
       The Senate recedes with an amendment that would also 
     provide the authority to acquire interests at greater than 
     fair market value if the military value of the property 
     justifies such acquisition.
     Expansion to all military departments of Army pilot program 
         for purchase of certain municipal services for military 
         installations (sec. 2826)
       The House bill contained a provision (sec. 2814) that would 
     expand the authority of the Secretary of the Army to purchase 
     local government services for Department of Defense 
     installations from the neighboring local governments. This 
     expansion would allow each of the military services to 
     conduct a pilot program with three military installations and 
     extend the pilot program until September 30, 2012.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
     Prohibition on commercial flights into Selfridge Air National 
         Guard Base (sec. 2827)
       The House bill contained a provision (sec. 2816) that would 
     prohibit the use of commercial service aircraft at Selfridge 
     Air National Guard Base, Michigan.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Sense of Congress on Department of Defense actions to protect 
         installations, ranges, and military airspace from 
         encroachment (sec. 2828)
       The Senate amendment contained a provision (sec. 2864) that 
     would include findings and state the sense of Congress 
     regarding development near military installations and the 
     Readiness and Environmental Protection Initiative (REPI) 
     program of the Department of Defense. The provision would 
     also require a report on ways the Department can improve or 
     make greater use of the REPI program.
       The House bill contained no similar provision.
       The House recedes with an amendment to modify the sense of 
     Congress.
     Reports on Army and Marine Corps operational ranges (sec. 
         2829)
       The Senate amendment contained a provision (sec. 2834) that 
     would expand a reporting requirement on changing requirements 
     for Army training ranges that was contained in section 2827 
     of the Military Construction Authorization Act for Fiscal 
     Year 2007 (Division B of Public Law 109-364), to include the 
     impact of the proposal contained in the fiscal year 2008 
     budget to permanently increase the size of the active-duty 
     component of the Army by 65,000 personnel. The report by the 
     Secretary of the Army would also include an assessment of the 
     potential expansion of the Joint Readiness Training Center at 
     Fort Polk, Louisiana, and an assessment of the available 
     training capacity in Germany.
       The provision would also add a similar reporting 
     requirement with respect to the proposal in the fiscal year 
     2008 budget request to expand the size of the Marine Corps by 
     27,000 personnel. This report would include an analysis of a 
     proposal under consideration by the Marine Corps to expand 
     the training range at Marine Corps Base Twentynine Palms, 
     California.
       The House bill contained no similar provision.
       The House recedes with an amendment to create a 
     freestanding report rather than a modification to a prior 
     report, and to add a requirement for the Secretary of Defense 
     to review and analyze the separate reports regarding the Army 
     and the Marine Corps and inform the congressional defense 
     committees of the steps the Office of the Secretary of 
     Defense is taking to coordinate the activities of the Army 
     and the Marine Corps on these matters.
       The conferees expect the report by the Secretary of the 
     Army to be informed by the programmatic environmental impact 
     statement that the Army has conducted on the growth of the 
     Army and, to the extent possible, by the subsequent site-
     specific assessments. The conferees are concerned that the 
     Army does not have a plan in place to provide for adequate 
     training for an additional six brigades, and that recent 
     statements of intent to accelerate the growth of the Army 
     ahead of the schedule in the fiscal year 2008 budget will 
     exacerbate this problem. The conference agreement therefore 
     modifies the Senate provision to require the report by the 
     Secretary of the Army to address the impact of any 
     acceleration plan that is included in the fiscal year 2009 
     budget request.
     Niagara Air Reserve Base, New York, basing report (sec. 2830)
       The House bill contained a provision (sec. 2817) that would 
     require the Secretary of the Air Force to submit a report 
     containing a plan of the aviation assets anticipated to be 
     based at Niagara Air Reserve Base, New York.
       The Senate amendment contained an identical provision (sec. 
     2841).
       The House recedes with an amendment that would change the 
     date on which the report is due. The plan should review C-130 
     aircraft which could be available in the future as additional 
     Primary Assigned Aircraft at Niagara Air Reserve Base, beyond 
     the 12 currently programmed for the installation, and should 
     contain an analysis of the support structure available at 
     Niagara Air Reserve Base to accommodate such additional force 
     structure.
     Report on the Pinon Canyon Maneuver Site, Colorado (sec. 
         2831)
       The House bill contained a provision (sec. 2831) that would 
     place conditions on any expansion of the Pinon Canyon 
     Maneuver Site, Colorado.
       The Senate amendment contained a provision (sec. 2867) that 
     would require the Secretary of the Army to provide a report 
     to the congressional defense committees on the requirement 
     for and impacts of an expansion of the Pinon Canyon Maneuver 
     Site.
       The House recedes.

                      Subtitle C--Land Conveyances

     Modification of conveyance authority, Marine Corps Base, Camp 
         Pendleton, California (sec. 2841)
       The House bill contained a provision (sec. 2838) that would 
     repeal the amendment made by section 2867 of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107) to the underlying authority granted to the Secretary 
     of the Navy by section 2851 of the Strom Thurmond National 
     Defense Authorization Act for Fiscal Year 1999 (Public Law 
     105-261) to grant an easement for a road through Camp 
     Pendleton, California. The House bill would remove language 
     that limited the effect of State law with respect to this 
     road.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Grant of easement, Eglin Air Force Base, Florida (sec. 2842)
       The House bill contained a provision (sec. 2832) that would 
     grant to the Mid Bay Bridge

[[Page H15117]]

     Authority an easement for a road right-of-way over land at 
     Eglin Air Force Base, Florida to facilitate the construction 
     of a road connecting the northern landfall of the Mid Bay 
     Bridge to Florida State Highway 85.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment to provide the 
     Secretary of the Air Force the discretion to convey the 
     property for the intended purpose.
     Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida 
         (sec. 2843)
       The House bill contained a provision (sec. 2833) that would 
     direct the Secretary of the Air Force to convey to Florida 
     State University a parcel of land consisting of approximately 
     40 acres at Lynn Haven Fuel Depot, Lynn Haven, Florida, for 
     the purpose of permitting the university to develop the 
     property as a new satellite campus. The House bill would 
     further authorize the Secretary to accept reduced tuition or 
     scholarships for military personnel as in-kind consideration 
     for the recovery of costs to convey the property.
       The Senate amendment contained a similar provision (sec. 
     2851) that would allow the Secretary of the Air Force to 
     convey the property. The Senate amendment would further 
     provide for the reversion of the property if at any time the 
     Secretary determines that the property conveyed is not being 
     used in accordance with the purpose as specified in the 
     provision.
       The House recedes with an amendment that would replace the 
     reversionary clause with a requirement that if the property 
     is not used for the intended purpose, the university would 
     have to pay the Secretary the fair market value of the 
     property, excluding any improvements made by the university.
     Modification of lease of property, National Flight Academy at 
         the National Museum of Naval Aviation, Naval Air Station, 
         Pensacola, Florida (sec. 2844)
       The Senate amendment contained a provision (sec. 2857) that 
     would amend section 2850(a) of the Military Construction 
     Authorization Act for Fiscal Year 2001 (Public Law 106-398) 
     by authorizing additional educational purposes to the list of 
     uses for which the Secretary of the Navy would be permitted 
     to lease certain real property, without consideration, to the 
     Naval Aviation Museum Foundation.
       The House bill contained no similar provision.
       The House recedes.
     Land exchange, Detroit, Michigan (sec. 2845)
       The Senate amendment contained a provision (sec. 2855) that 
     would authorize the Commandant of the Coast Guard to enter 
     into an equal-value land exchange with the City of Detroit, 
     Michigan.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment regarding the 
     environmental remediation of the parcels to be exchanged.
     Transfer of jurisdiction, former Nike missile site, Grosse 
         Ile, Michigan (sec. 2846)
       The House bill contained a provision (sec. 2835) that would 
     transfer jurisdiction over property comprising a former Nike 
     missile site on Grosse Ile, Michigan, from the Environmental 
     Protection Agency to the Department of the Interior to 
     incorporate the site into the Detroit River International 
     Wildlife Refuge.
       The Senate amendment contained a similar provision (sec. 
     2856).
       The Senate recedes with an amendment that would clarify the 
     process used to determine the standard of remediation 
     activities to be conducted and would delete the requirement 
     that a specific Corps of Engineers district carry out the 
     remediation of the property.
     Modification to land conveyance authority, Fort Bragg, North 
         Carolina (sec. 2847)
       The Senate amendment contained a provision (sec. 2852) that 
     would amend section 2836 of the Military Construction 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85) to 
     authorize the Secretary of the Army to convey, without 
     consideration, to Harnett County, North Carolina, a parcel of 
     real property totaling 137 acres at Fort Bragg, North 
     Carolina, for educational purposes and the construction of 
     public school structures. The provision would also authorize 
     the Secretary to require the County to cover administrative 
     and other costs for the conveyance.
       The House bill contained no similar provision.
       The House recedes.
     Land conveyance, Lewis and Clark United States Army Reserve 
         Center, Bismarck, North Dakota (sec. 2848)
       The Senate amendment contained a provision (sec. 2854) that 
     would permit the Secretary of the Army to convey, without 
     consideration, approximately 2 acres of real property, 
     including improvements, at a reserve center in Bismarck, 
     North Dakota, to the United Tribes Technical College, to 
     support education and training at the college.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Land exchange, Fort Hood, Texas (sec. 2849)
       The House bill contained a provision (sec. 2836) that would 
     authorize the Secretary of the Army to convey approximately 
     200 acres at Fort Hood, Texas, to the City of Copperas Cove, 
     Texas, to permit the City of Copperas Cove, Texas, to improve 
     local roads for the installation and the community.
       The Senate amendment contained no similar provision.
       The Senate recedes.

                      Subtitle D--Energy Security

                       Items of Special Interest

     Energy Conversation Forum
       The conferees are aware that, in the spring of 2006, the 
     Secretary of Defense initiated and continues to lead a 
     monthly interagency seminar program known as the Energy 
     Conversation Forum. The conferees are very encouraged that 
     other departments and agencies such as the Department of 
     Energy, the Department of State, the Department of 
     Agriculture, the Environmental Protection Agency, and the 
     intelligence community have agreed to actively participate in 
     this important initiative.
       The conferees acknowledge the considerable efforts of the 
     Energy Conversation Forum and continue to support the 
     Secretary's interagency energy education program including 
     the energy seminar program and energy interagency networks. 
     The conferees recognize that the energy security challenges 
     faced by the Department of Defense, the U.S. Government as a 
     whole, and the Nation cannot be solved by a single agency. 
     The conferees strongly believe that all federal agencies must 
     work together to achieve necessary national energy objectives 
     of conservation and efficiency. Therefore, the conferees 
     encourage the Secretary to continue efforts such as the 
     Energy Conversation Forum to enhance information exchange as 
     a necessary first step in addressing the complex energy 
     issues facing this nation.
     Report on water conservation projects
       The conferees direct the Secretary of Defense to submit to 
     the congressional defense committees a report on water 
     conservation efforts and methods in the Department of 
     Defense. The report should describe the Department's 
     investment, by type, in water conservation programs in fiscal 
     years 2006, 2007, and 2008; the investment levels necessary 
     to meet the Department's water conservation requirements 
     under Executive Order 13423 of January 24, 2007; an 
     assessment of whether water conservation projects should 
     continue to be funded inside the Energy Conservation 
     Investment Program or should instead be financed in a 
     separate water conservation program; and an assessment of the 
     demonstrated or potential return on investment of various 
     water conservation technologies including metering, water 
     control systems, xeriscaping, waterless urinals, utility 
     system upgrades, and water efficiency standards for new or 
     replacement equipment and appliances in Department of Defense 
     facilities. The report should also include any proposed 
     legislative changes the Secretary believes to be necessary to 
     allow the Department to meet its water conservation goals. 
     The report should be submitted not later than March 31, 2008.

                     Legislative Provisions Adopted

     Repeal of congressional notification requirement regarding 
         cancellation ceiling for Department of Defense energy 
         savings performance contracts (sec. 2861)
       The House bill contained a provision (sec. 2851) that would 
     repeal section 2853 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364), 
     which lowered the notification ceiling for the Department of 
     Defense to $7.0 million, and would thereby restore the 
     notification ceiling to $10.0 million, consistent with the 
     ceiling established for all other government agencies in 
     section 8287(a)(2)(D)(iii) of title 42, United States Code.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Definition of alternative fueled vehicle (sec. 2862)
       The Senate amendment contained a provision (sec. 1092) that 
     would revise the definition of alternative fueled vehicle in 
     section 303(3) of the Energy Policy Act of 1992 (42 U.S.C. 
     13211(3)).
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Use of energy efficient lighting fixtures and bulbs in 
         Department of Defense facilities (sec. 2863)
       The House bill contained a provision (sec. 2853) that would 
     require that each building constructed or significantly 
     altered by the Department of Defense is equipped, to the 
     maximum extent feasible, with lighting fixtures and bulbs 
     that are energy efficient. Further, the provision would 
     require that each lighting fixture or bulb that is replaced 
     in the normal course of maintenance of buildings under the 
     jurisdiction of the Secretary of Defense or the secretary of 
     a military department is replaced, to the maximum extent 
     feasible, with a lighting fixture or bulb that is energy 
     efficient. The provision would allow the Secretary of Defense 
     to waive the requirements of the section under certain 
     conditions.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Reporting requirements relating to renewable energy use by 
         Department of Defense to meet Department electricity 
         needs (sec. 2864)
       The House bill contained a provision (sec. 2854) that would 
     require the Secretary of Defense to ensure that the 
     Department of Defense produces or procures, from renewable

[[Page H15118]]

     energy sources, not less than 25 percent of the total 
     quantity of electric energy it consumes within its facilities 
     and in its activities during fiscal year 2025 and each fiscal 
     year thereafter. The House provision would also prohibit the 
     use of leases, privatization, service contracts, or other 
     third-party financing means to achieve the 25 percent goal.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics to report annually on progress made by the 
     Department toward meeting the goal of producing or procuring 
     at least 25 percent renewable energy to meet the Department's 
     electricity needs by 2025. These reports would include a 
     description of the financing methods used to procure 
     renewable energy in the previous fiscal year and a projection 
     of the Department's future use of renewable energy through 
     fiscal year 2025.

                       Subtitle E--Other Matters

     Revised deadline for transfer of Arlington Naval Annex to 
         Arlington National Cemetery (sec. 2871)
       The House bill contained a provision (sec. 2861) that would 
     extend the current deadline for the transfer of approximately 
     36 acres of land at the Arlington Naval Annex to the 
     Secretary of the Army for incorporation into Arlington 
     National Cemetery from January 1, 2010 to no later than 
     January 1, 2013.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment to extend the existing 
     deadline for 1 additional year, to January 1, 2011.
     Transfer of jurisdiction over Air Force Memorial to 
         Department of the Air Force (sec. 2872)
       The House bill contained a provision (sec. 2862) that would 
     require the Secretary of the Army to transfer the 
     administrative jurisdiction, custody, and control of the Air 
     Force Memorial to the Secretary of the Air Force.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would authorize 
     the Secretary of the Army to transfer the administrative 
     jurisdiction, custody, and control of the Air Force Memorial 
     to the Secretary of the Air Force and would provide that if 
     the Air Force Memorial is transferred to the Secretary of the 
     Air Force, the United States shall not pay any costs to 
     maintain or repair the Air Force Memorial.
       The conferees remain concerned about the requests by both 
     private foundations and the military services to use 
     appropriated funds for the maintenance of military memorials 
     and museums at the expense of other military requirements. 
     The conferees expect that original agreements signed by the 
     private foundations for the design, construction, and 
     maintenance of military memorials are carried out in good 
     faith without transferring a perpetual cost for maintenance 
     and repair of the memorial to the military services.
     Report on plans to replace the monument at the Tomb of the 
         Unknowns at Arlington National Cemetery, Virginia (sec. 
         2873)
       The Senate amendment contained a provision (sec. 1048) that 
     would require the Secretary of the Army and the Secretary of 
     Veterans Affairs to submit a report to Congress evaluating 
     the feasibility and advisability of repairing or replacing 
     the monument at the Tomb of the Unknowns in Arlington 
     National Cemetery, Virginia. The Senate amendment would 
     prohibit either Secretary from taking any action to replace 
     the monument until 180 days after the report had been 
     submitted to Congress.
       The House bill contained no similar provision.
       The House recedes.
     Increased authority for repair, restoration, and preservation 
         of Lafayette Escadrille Memorial, Marnes-la-Coquette, 
         France (sec. 2874)
       The Senate amendment contained a provision (sec. 1089) that 
     would amend section 1065 of the National Defense 
     Authorization Act for fiscal year 2002 (Public Law 107-107) 
     to increase by $500,000 the amount the Secretary of the Air 
     Force is authorized to contribute towards the ongoing repair, 
     restoration, and preservation of the Lafayette Escadrille 
     Memorial in Marnes-la-Coquette, France.
       The House bill contained no similar provision.
       The House recedes.
     Addition of Woonsocket local protection project (sec. 2875)
       The Senate amendment contained a provision (sec. 2863) that 
     would require the Secretary of the Army to assume 
     responsibility for the operation and maintenance of the 
     Woonsocket local protection project in Rhode Island.
       The House bill contained no similar provision.
       The House recedes with an amendment requiring the city of 
     Woonsocket to convey the property to the Secretary of the 
     Army at no cost as a condition of the Secretary's assumption 
     of responsibility for the project.
     Repeal of moratorium on improvements at Fort Buchanan, Puerto 
         Rico (sec. 2876)
       The Senate amendment contained a provision (sec. 2868) that 
     would repeal those aspects of the moratorium on construction 
     at Fort Buchanan, Puerto Rico that remain in effect after 
     exceptions to that moratorium were enacted in section 2871 of 
     the National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163).
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Establishment of national military working dog teams monument 
         on suitable military installation (sec. 2877)
       The House bill contained a provision (sec. 2863) that would 
     authorize the Secretary of Defense to enter into an agreement 
     with National War Dogs Monument, Inc., to establish and 
     maintain, at a suitable location at Fort Belvoir, Virginia, 
     or another military installation in the United States, a 
     national monument to honor the sacrifice and service of 
     United States Armed Forces working dog teams that have 
     participated in military operations of the United States.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Report regarding removal of missiles from 564th Missile 
         Squadron (sec. 2878)
       The Senate amendment contained a provision (sec. 1033) that 
     would direct the Secretary of Defense to submit a report on 
     the feasibility of establishing an association between the 
     120th Fighter Squadron of the Montana Air National Guard and 
     active duty personnel stationed at Malmstrom Air Force Base. 
     The provision would also prevent more than 40 missiles from 
     being removed from the 564th Missile Squadron until 15 days 
     after the report was submitted.
       The House bill contained no similar provision.
       The House recedes.
     Report on condition of schools under jurisdiction of 
         Department of Defense education activity (sec. 2879)
       The Senate amendment contained a provision (sec. 2861) that 
     would require the Secretary of Defense to submit to the 
     congressional defense committees a report, by March 1, 2008, 
     on the condition of schools under the jurisdiction of the 
     Department of Defense Education Activity (DODEA).
       This provision would require the Secretary of Defense to 
     report on the standards for acceptable sizes and conditions 
     of DODEA school facilities, to assess the existing inventory 
     of facilities, to develop a master plan and investment 
     strategy to correct deficiencies, and to submit this plan to 
     the congressional defense committees.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Report on facilities and operations of Darnall Army Medical 
         Center, Fort Hood Military Reservation, Texas (sec. 2880)
       The Senate amendment contained a provision (sec. 1047) that 
     would require the Secretary of Defense to 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, including a plan 
     for correcting any deficiencies identified in the report.
       The House bill contained no similar provision.
       The House recedes.
     Report on feasibility of establishing a regional disaster 
         response center at Kelly Air Field, San Antonio, Texas 
         (sec. 2881)
       The Senate amendment contained a provision (sec. 1080) that 
     would require the Secretary of Defense, in coordination with 
     the Secretary of Homeland Security, to submit to Congress a 
     report on the feasibility of establishing a national disaster 
     response center at Kelly Air Field in San Antonio, Texas, to 
     plan, coordinate, and direct the federal, State, and local 
     response to regional disasters.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require a 
     report on a regionally oriented disaster response center at 
     Kelly Air Field. The amendment would also add findings on the 
     need for increased disaster response capabilities and would 
     make clarifying changes.
     Naming housing facility at Fort Carson, Colorado, in honor of 
         the Honorable Joel Hefley, a former member of the United 
         States House of Representatives (sec. 2882)
       The House bill contained a provision (sec. 2864) that would 
     designate one of the military family housing areas or 
     facilities constructed for Fort Carson, Colorado, using 
     housing privatization authorities provided by subchapter IV 
     of chapter 169 of title 10, United States Code, in honor of 
     former Representative Joel Hefley.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Naming Navy and Marine Corps Reserve Center at Rock Island, 
         Illinois, in honor of the Honorable Lane Evans, a former 
         member of the United States House of Representatives 
         (sec. 2883)
       The House bill contained a provision (sec. 2865) that would 
     designate the Navy and Marine Corps Reserve Center at Rock 
     Island, Illinois, in honor of former Representative Lane 
     Evans.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.

[[Page H15119]]

     Naming a research laboratory at Air Force Rome Research Site, 
         Rome, New York, in honor of the Honorable Sherwood L. 
         Boehlert, a former member of the United States House of 
         Representatives (sec. 2884)
       The House bill contained a provision (sec. 2866) that would 
     designate a new laboratory building at the Air Force Rome 
     Research Site, Rome, New York, as the ``Sherwood L. Boehlert 
     Engineering Center''.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Naming an administrative building at Joint Systems 
         Manufacturing Center, Lima, Ohio, in honor of the 
         Honorable Michael G. Oxley, a former member of the United 
         States House of Representatives (sec. 2885)
       The House bill contained a provision (sec. 2867) that would 
     designate the administrative building under construction at 
     the Joint Systems Manufacturing Center in Lima, Ohio as the 
     ``Michael G. Oxley Administration and Technology Center''.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Naming of Logistics Automation Training Facility, Army 
         Quartermaster Center and School, Fort Lee, Virginia, in 
         honor of General Richard H. Thompson (sec. 2886)
       The House bill contained a provision (sec. 2868) that would 
     designate the Logistics Automation Training Facility of the 
     Army Quartermaster Center and School at Fort Lee, Virginia, 
     as the ``General Richard H. Thompson Logistics Automation 
     Training Facility''.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Authority to relocate Joint Spectrum Center to Fort Meade, 
         Maryland (sec. 2887)
       The Senate amendment contained a provision (sec. 2843) that 
     would authorize the Secretary of Defense to carry out an 
     agreement to relocate the Joint Spectrum Center (JSC) from 
     Annapolis, Maryland to Fort Meade, Maryland or another 
     military installation if the Secretary determined that the 
     relocation would be in the best interest of national security 
     and the agreement provided equitable terms to facilitate the 
     relocation.
       The House bill contained no similar provision.
       The House recedes with an amendment that would designate 
     any new construction required as part of the agreement to be 
     authorized in accordance with section 2802 of title 10, 
     United States Code.
       The conferees encourage the Department of Defense to 
     initiate discussions with Anne Arundel county and their 
     developer to attempt to reach consensus on equitable terms 
     for such relocation.
       The conferees recognize that critical missions at the JSC 
     at Annapolis are being conducted in leased facilities that 
     may not meet the anti-terrorism and force protection (AT-FP) 
     standards adopted by the Department of Defense in 2005. 
     Therefore, the conferees direct the Secretary of Defense to 
     submit to the congressional defense committees by May 30, 
     2008, a report on the facility at Annapolis containing the 
     following:
       (1) the results of a security and vulnerability assessment 
     for the facility;
       (2) a description of the plan to ensure the facility meets 
     all of the Department's AT-FP standards; and
       (3) an analysis of the investment required for the facility 
     to meet AT-FP standards.

                   Legislative Provisions Not Adopted

     General military construction transfer authority
       The Senate amendment contained a provision (sec. 2811) that 
     would provide an authority to transfer up to $200.0 million 
     in military construction authorizations between projects for 
     fiscal year 2008.
       The House bill contained no similar provision.
       The Senate recedes.
     Modification of land management restrictions applicable to 
         Utah national defense lands
       The Senate amendment contained a provision (sec. 2862) that 
     would sunset the restrictions contained in section 2815 of 
     the National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65) on October 1, 2013, and would also 
     clarify the definition of Utah national defense lands in that 
     Act.
       The House bill contained no similar provision.
       The Senate recedes.
     Report on opportunities for leveraging funds of the 
         Department of Defense and States to prevent disruption in 
         event of electric grid or pipeline failures
       The House bill contained a provision (sec. 2852) that would 
     require the Secretary of Defense, acting through the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics, to submit to the congressional defense committees 
     a report on approaches by which the Department of Defense may 
     leverage federal and State resources to harden critical 
     infrastructure to prevent disruptions in the event of major 
     electric grid, natural gas, or petroleum pipeline failures.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees direct the Secretary of Defense, acting 
     through the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, to submit a report on approaches 
     by which the Department of Defense may contribute or receive 
     funds and other resources, which when combined with resources 
     from other funding sources, such as State System Benefit 
     Trust Funds, Clean Air Act State Implementation Funds, and 
     State Homeland Security Critical Infrastructure Grants, will 
     accelerate efforts to harden critical functions on and around 
     military and security facilities to prevent disruptions in 
     the event of major electric grid, natural gas, or petroleum 
     pipeline failures. This report should be submitted to the 
     congressional defense committees not later than 180 days 
     after the date of the enactment of this Act.
     Report on water conservation projects
       The Senate amendment contained a provision (sec. 2865) that 
     would require the Secretary of Defense to submit to the 
     congressional defense committees a report on water 
     conservation efforts and methods in the Department of Defense 
     and the investment levels necessary to meet the Department's 
     water conservation requirements under Executive Order 13423.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees agree to direct the Secretary of Defense to 
     submit a report on this matter. That reporting requirement is 
     contained elsewhere in the statement of managers.
     Retention of proceeds from enhanced use leases at Selfridge 
         Air National Guard Base
       The House bill contained a provision (sec. 2815) that would 
     direct that all proceeds derived from the execution of an 
     enhanced use lease (EUL) at Selfridge Air National Guard Base 
     (ANGB), Michigan be retained by that installation.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees understand that the proceeds of the proposed 
     EUL at Selfridge ANGB are currently anticipated to be 
     provided entirely on an in-kind basis rather than in cash. 
     The conferees have been assured that the Air Force intends to 
     use the proceeds from this lease at Selfridge ANGB and that 
     if the benefit received by the Air Force ever exceeds what 
     Selfridge ANGB could put to effective use, the remainder 
     would be applied to other Air National Guard facilities 
     within the State of Michigan.

      TITLE XXIX--WAR RELATED AND EMERGENCY MILITARY CONSTRUCTION 
                             AUTHORIZATIONS

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                     Legislative Provisions Adopted

     Authorized Army construction and land acquisition projects 
         (sec. 2901)
       The House bill contained a provision (sec. 1515) that would 
     authorize $526.5 million in fiscal year 2008 for Army 
     military construction projects related to operations in Iraq 
     and Afghanistan.
       The Senate amendment contained a similar provision (sec. 
     2901) that would authorize $752.7 million for such projects.
       The Senate recedes with an amendment that would authorize 
     $1.26 billion in fiscal year 2008 for Army military 
     construction projects.
       The conference agreement includes funding for additional 
     projects not included in the House bill or the Senate 
     amendment that were requested by the President in his budget 
     amendment submitted on October 22, 2007.
       The conferees agree to the reductions in the House bill to 
     power plants proposed for construction in Iraq. The conferees 
     do not believe such projects, which would provide mainly 
     long-term benefits or return on investment, should be 
     included in the absence of any agreement for a long-term 
     United States presence in Iraq.
       The conferees also agree to prohibit the obligation of 
     funds for a communication center at Camp Arifjan, Kuwait and 
     a brick factory at Camp Cropper, Iraq until the Secretary of 
     Defense provides a report to the congressional defense 
     committees describing the rationale for and policy 
     implications of these projects. The conferees note that the 
     legal implications of having detainees under the control of 
     the United States performing labor in a brick factory have 
     not been explained to Congress to date.
     Authorized Navy construction and land acquisition projects 
         (sec. 2902)
       The House bill contained a provision (sec. 1515) that would 
     authorize $169.1 million in fiscal year 2008 for Navy 
     military construction projects to support increasing the size 
     of the Marine Corps inside the United States.
       The Senate amendment contained no similar provision, but 
     included funding for those projects in title XXII.
       The Senate recedes with an amendment that would authorize 
     $198.8 million in fiscal year 2008 for Navy military 
     construction projects.
       The conference agreement includes funding for additional 
     projects not included in the House bill or the Senate 
     amendment that were requested by the President in his budget 
     amendment submitted on October 22, 2007.
       The conferees did not authorize funding requested for two 
     projects in Djibouti. The conferees share the concerns 
     expressed in the Senate report accompanying the Military 
     Construction and Veterans Affairs and Related Agencies 
     Appropriations Bill, 2008, that large investments in military 
     construction in Djibouti are not justified at this time given 
     the absence of a strategy for the new Africa Command or a 
     long-term lease for the land these facilities in Djibouti 
     would be built on. Furthermore, the conferees note that the 
     determination to place a project in a supplemental request 
     should not be determined by the location of the installation, 
     but rather on the enduring nature of the investment. 
     Considering Djibouti's long-term strategic interest to the 
     United States and the size of the investment proposed, the 
     Department of Defense should generally insert future military 
     construction projects for Djibouti into the normal base 
     budget request. The conferees urge the Department to address 
     these concerns and resubmit these projects in a future budget 
     request, if appropriate.
     Authorized Air Force construction and land acquisition 
         projects (sec. 2903)
       The conferees agree to a provision that would authorize 
     $258.7 million in military construction projects for the Air 
     Force in support of operations in Iraq and Afghanistan.
       The House and Senate bills included no similar provisions.
       The conference agreement includes funding for additional 
     projects that were requested by the President in his budget 
     amendment submitted on October 22, 2007.
       The conferees have not authorized funding of $40.0 million 
     requested for replacement of expeditionary facilities at Al 
     Udeid Air Base, Qatar. The conferees are concerned that 
     permanent facilities for the same purpose were constructed 
     and completed in March 2007 from amounts provided in 2004 for 
     emergency supplemental appropriations, but currently cannot 
     be inhabited due to a lack of electricity. The conferees note 
     that the Department of the Air Force may be in violation of 
     section 2801 of title 10, United States Code, which states, 
     ``a military construction project includes all construction 
     work, or any contribution authorized by this chapter, 
     necessary to produce a complete and useable facility. . .'' 
     The conferees note that the Air Force predicts that the new 
     dormitories, dining halls, and support facilities at Al Udeid 
     Air Base may not be ready for occupancy until March 2008, and 
     may require the use of portable electrical generators at 
     significant further expense to the Air Force. The conferees 
     direct the Secretary of the Air Force to ensure the current 
     facilities are complete and useable with a permanent power 
     source before requesting any further authorizations for new 
     facilities at Al Udeid Air Base, Qatar.
       The conferees have not authorized funding of $6.3 million 
     requested to relocate an expeditionary force site at Masirah 
     Island Air Base, Oman. The conferees note that the project is 
     required to relocate a current expeditionary site per the 
     request of the host nation, and that according to the budget 
     justification documents for this project, the ``current U.S. 
     mission requirements dictate the need for planned troop 
     beddowns in the near term at Masirah Island.'' The conferees 
     note that other statutory authorities exist to permit field 
     commanders to meet such operational requirements.
     Authorized defense agencies construction and land acquisition 
         projects (sec. 2904)
       The conferees agree to a provision that would authorize 
     $27.6 million in military construction projects for the 
     defense agencies in support of operations in Iraq and 
     Afghanistan and to provide facilities for the treatment of 
     wounded service members.
       The House and Senate bills included no similar provisions.
       The conference agreement includes funding for additional 
     projects that were requested by the President in his budget 
     amendment submitted on October 22, 2007.
     Authorized base closure and realignment activities funded 
         through Department of Defense Base Closure Account 2005 
         and related authorization of appropriations (sec. 2905)
       The conferees agree to a provision that would authorize 
     $415.9 million for military construction projects, planning, 
     and design, and operation and maintenance for base closure 
     activities related to the construction of new medical 
     facilities at the National Naval Medical Center, Bethesda, 
     Maryland, and Fort Belvoir, Virginia.
       The House bill and Senate amendment included no similar 
     provisions.
       This funding was requested by the President in his budget 
     amendment submitted to Congress on October 22, 2007 and is in 
     addition to the funding for these same projects authorized in 
     title XXVII of this Act, which reflects the original February 
     budget request.

 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

     Overview
       Title XXXI authorizes appropriations for atomic energy 
     defense activities of the Department of Energy for fiscal 
     year 2008, including: the purchase, construction, and 
     acquisition of plant and capital equipment; research and 
     development; nuclear weapons activities; nuclear 
     nonproliferation activities; naval nuclear propulsion; 
     environmental cleanup; operating expenses; and other expenses 
     necessary to carry out the purposes of the Department of 
     Energy Organization Act (Public Law 95-91). This title 
     authorizes appropriations in five categories: (1) National 
     Nuclear Security Administration (NNSA); (2) defense 
     environmental cleanup; (3) other defense activities; (4) 
     defense nuclear waste disposal; and (5) energy security and 
     assurance.
       The budget request for atomic energy defense activities at 
     the Department included $15.9 billion for atomic energy 
     defense activities, a less than 1 percent increase above the 
     fiscal year 2007 operating plan level. Of the total amount 
     requested:
       (1) $9.4 billion is for NNSA, of which
       (a) $6.5 billion is for weapons activities,
       (b) $1.7 billion is for defense nuclear nonproliferation 
     activities, including $50.0 million for fiscal year 2008 war-
     related funding,
       (c) $808.2 million is for naval reactors, and
       (d) $394.7 million is for the Office of the Administrator;
       (2) $5.4 billion is for defense environmental cleanup;
       (3) $764.0 million is for other defense activities; and
       (4) $292.0 million is for defense nuclear waste disposal.
       The budget request also included $5.9 million for energy 
     security and assurance within energy supply.
       The conferees agree to authorize $16.1 billion for atomic 
     energy defense activities, an increase of $193.3 million 
     above the budget request.
       Of this amount, the conferees agree to authorize:
       (1) $9.6 billion for NNSA, of which
       (a) $6.5 billion would be for weapons activities, a 
     decrease of $45.7 million below the budget request,
       (b) $2.0 billion would be for defense nuclear 
     nonproliferation, an increase of $230.0 million above the 
     budget request,
       (c) $808.2 million would be for naval reactors, the amount 
     of the budget request, and
       (d) $400.0 million would be for the Office of the 
     Administrator, an increase of $5.0 million above the budget 
     request;
       (2) $5.4 billion would be for defense environmental cleanup 
     activities, an increase of $4.0 million above the budget 
     request;
       (3) $764.0 million would be for other defense activities, 
     the amount of the budget request; and
       (4) $292.0 million would be for defense nuclear waste 
     disposal, the amount of the budget request.
       The conferees agree to authorize $5.9 million for energy 
     security and assurance, the amount of the budget request.
       The following table summarizes the budget request and the 
     authorizations:

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                        Item of Special Interest

     International Atomic Energy Agency nuclear fuel bank
       The conferees support the creation of an international 
     nuclear fuel bank under the auspices of the International 
     Atomic Energy Agency (IAEA). Some countries--including Iran--
     have justified the need for developing their own uranium 
     enrichment and reprocessing facilities, which could make 
     nuclear reactor fuel or nuclear weapons-usable materials, 
     based on the claim that they could not trust foreign 
     countries to reliably supply nuclear fuel for their 
     reactors. The creation of international mechanisms to 
     supplement the international nuclear fuel market could 
     remove the need for national enrichment and reprocessing 
     capabilities in states that do not currently possess them, 
     and support global nonproliferation efforts and discourage 
     new countries from developing national uranium enrichment 
     facilities.
       The conferees note that the House has already passed H.R. 
     885, the International Nuclear Fuel for Peace and 
     Nonproliferation Act, and note that the Senate Committee on 
     Foreign Relations has reported S. 1138, the Nuclear 
     Safeguards and Supply Act of 2007. Conferees note that 
     additional work will be required in order to provide 
     appropriate guidance to the executive branch regarding 
     criteria for access by foreign countries to any fuel bank 
     established at the IAEA with materials or funds provided by 
     the United States.

                     Legislative Provisions Adopted

     National Nuclear Security Administration (sec. 3101)
       The House bill contained a provision (sec. 3101) that would 
     authorize $9.5 billion for the National Nuclear Security 
     Administration (NNSA) of the Department of Energy, including 
     funds for weapons activities, defense nuclear 
     nonproliferation programs, naval reactor programs, and the 
     Office of the Administrator, an increase of $100.0 million 
     above the budget request.
       The Senate amendment contained a similar provision (sec. 
     3101) that would authorize $9.5 billion, an increase of 
     $102.9 million above the budget request.
       The conferees agree to authorize $9.6 billion for NNSA, an 
     increase of $189.3 million above the budget request.
       The budget request included $6.5 billion for weapons 
     activities. The House bill would authorize $6.5 billion, the 
     amount of the budget request. The Senate amendment would 
     authorize $6.5 billion, a decrease of $39.1 million below the 
     budget request. The conferees agree to authorize $6.5 
     billion, a decrease of $45.7 million below the budget 
     request.
       Within weapons activities, the conferees agree to authorize 
     $66.0 million for the Reliable Replacement Warhead, a 
     decrease of $22.8 million below the budget request. The 
     conferees agree to authorize an increase of $20.0 million 
     above the budget request for weapons dismantlement and 
     disposition. The budget request included $14.9 million for 
     responsive infrastructure. The conferees agree to authorize 
     no funds for this item. The conferees agree to authorize an 
     increase of $15.1 million above the budget request in 
     inertial confinement fusion ignition and high yield campaign 
     as follows: a $3.3 million increase for ignition; a $2.5 
     million increase for National Ignition Facility (NIF) 
     diagnostics, cryogenics, and experimental support; and a $9.3 
     million increase in facility operations and target 
     production. The conferees also agree to authorize an increase 
     of $5.0 million above the budget request in the advanced 
     simulation and computing campaign to support NIF 
     computational needs. The budget request included $24.9 
     million for the consolidated plutonium center. The conferees 
     agree to authorize no funds for this item. In readiness in 
     technical base and facilities, the conferees agree to 
     authorize the following increases above the budget request in 
     operations of facilities: a $36.8 million increase for 
     infrastructure repair at the Pantex Plant; and a $10.0 
     million increase for the Y-12 complex, composed of $5.0 
     million for infrastructure repair and $5.0 million for 
     activities in support of the Uranium Processing Facility. The 
     conferees agree to authorize $262.7 million for the 
     facilities and infrastructure recapitalization program, a 
     decrease of $31.0 million below the budget request. Within 
     safeguards and security, the conferees agree to authorize an 
     increase of $20.0 million above the budget request to address 
     training and equipment shortages at NNSA sites. Within 
     weapons activities, the conferees agree to authorize the use 
     of $55.0 million of prior year unobligated balances as a 
     funding adjustment to offset fiscal year 2008 requirements.
       The budget request included $1.7 billion for defense 
     nuclear nonproliferation, including $50.0 million for fiscal 
     year 2008 war-related funding. The conferees agree to 
     authorize $2.0 billion, an increase of $180.0 million above 
     the base budget request and the amount requested for fiscal 
     year 2008 war-related funding (the authorization of $50.0 
     million for fiscal year 2008 war-related funding is provided 
     elsewhere in Division C of this Act). The conferees agree to 
     authorize an additional $50.0 million in funding for the 
     Nonproliferation and Verification Research and Development 
     program for proliferation detection including next-generation 
     nuclear detection technologies, nuclear explosion monitoring, 
     and technologies to support improved nuclear material 
     forensic capabilities. The conferees agree to authorize an 
     additional $13.0 million in funding for the Nonproliferation 
     and International Security program as follows: an increase of 
     $8.0 million for Global Initiatives for Proliferation 
     Prevention; and an increase of $5.0 million for Dismantlement 
     and Transparency, including technical support to the Six 
     Party process on the denuclearization of the Korean 
     Peninsula. The conferees agree to authorize an additional 
     $30.0 million in funding for the International Nuclear 
     Materials Protection and Cooperation program as follows: an 
     increase of $20.0 million for the Second Line of Defense Core 
     program and Megaports; an increase of $3.0 million to reduce 
     the risk of theft and proliferation of weapons-usable nuclear 
     materials from the Russian Federation; and an increase of 
     $7.0 million to ensure the sustainability of weapons of mass 
     destruction nonproliferation programs in Russia. The 
     conferees agree to authorize an additional $10.0 million in 
     funding for the Elimination of Weapons-Grade Plutonium 
     Production program to accelerate shutdown of the plutonium 
     producing reactor at Zheleznogorsk, Russia. The conferees 
     agree to authorize an additional $77.0 million in funding for 
     the Global Threat Reduction Initiative as follows: an 
     increase of $5.0 million for Reduced Enrichment for Research 
     and Test Reactors, including the conversion of research and 
     test reactors from the use of highly-enriched uranium to low-
     enriched uranium; an increase of $2.0 million for U.S. 
     Radiological Threat Reduction; an increase of $40.0 million 
     for International Radiological Threat Reduction; and an 
     increase of $30.0 million for Emerging Threats and Gap 
     Material. The conferees agree to authorize $50.0 million for 
     the International Atomic Energy Agency nuclear fuel bank.
       The budget request included $808.2 million for the naval 
     reactors program. The conferees agree to authorize this 
     program at the requested level. The budget request included 
     $394.7 million for the Office of the Administrator. The 
     conferees agree to authorize an increase of $5.0 million 
     above the budget request within the Office of the 
     Administrator program direction account for the purposes of 
     expanding and strengthening staff capacity, capabilities, and 
     resources in support of defense nuclear nonproliferation 
     activities.
     Defense environmental cleanup (sec. 3102)
       The House bill contained a provision (sec. 3102) that would 
     authorize $5.4 billion for the Department of Energy for 
     defense environmental cleanup for fiscal year 2008, the 
     amount of the budget request.
       The Senate amendment contained a similar provision (sec. 
     3102) that would authorize $5.4 billion for defense 
     environmental cleanup, an increase of $47.0 million above the 
     budget request.
       The conferees agree to include a provision that would 
     authorize $5.4 billion for defense environmental cleanup, an 
     increase of $4.0 million above the budget request. The 
     conferees agree to authorize $9.0 million for project 08-D-
     414/PED 08-01, the plutonium vitrification facility at the 
     Savannah River Site, a decrease of $6.0 million below the 
     budget request. The conferees agree to authorize an 
     additional $10.0 million for technology development and 
     deployment.
     Other defense activities (sec. 3103)
       The House bill contained a provision (sec. 3103) that would 
     authorize $764.0 million for the Department of Energy for 
     other defense activities for fiscal year 2008, the amount of 
     the budget request.
       The Senate amendment contained a similar provision (sec. 
     3103) that would authorize $664.1 million for the Department 
     of Energy for other defense activities, a decrease of $100.9 
     million below the budget request.
       The conferees agree to include a provision that would 
     authorize $764.0 million, the amount of the budget request.
     Defense nuclear waste disposal (sec. 3104)
       The House bill contained a provision (sec. 3104) that would 
     authorize $292.0 million for defense nuclear waste disposal, 
     the amount of the budget request.
       The Senate amendment contained a similar provision (sec. 
     3104) that would authorize $242.0 million, a decrease of 
     $50.0 million below the budget request.
       The conferees agree to include a provision that would 
     authorize $292.0 million, the amount of the budget request.
     Energy security and assurance (sec. 3105)
       The House bill contained a provision (sec. 3105) that would 
     authorize $6.0 million for the Department of Energy for other 
     atomic energy defense activities for fiscal year 2008 for 
     energy security and assurance programs, an increase of 
     $140,000 above the budget request.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would authorize 
     $5.9 million for energy security and assurance programs, the 
     amount of the budget request.
       The conferees reluctantly provide the funds requested in 
     acknowledgment of the national security nexus for a limited 
     set of activities conducted within the Department of Energy 
     Office of Electricity Delivery and Energy Reliability. If the 
     Department intends to continue to request some portion of 
     funds for this office within budget code 050, the conferees 
     expect a fulsome description of and justification for this 
     funding; items absent from prior budget requests.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

     Reliable Replacement Warhead program (sec. 3111)
       The Senate amendment contained a provision (sec. 3111) that 
     would place a cap on the

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     funding available for the Reliable Replacement Warhead (RRW) 
     program and prohibit funding for any RRW activities beyond 
     phase 2A.
       The House bill contained no similar provision.
       The House recedes with an amendment that would prohibit the 
     National Nuclear Security Administration (NNSA) from using 
     fiscal year 2008 funds to support activities under the RRW 
     program beyond phase 2A of the phased nuclear weapons 
     acquisition process.
       The conferees note that House Report 110-146 set forth the 
     view of Committee on Armed Services of the House of 
     Representatives that the NNSA RRW program activities should 
     not exceed phase 2A activities in fiscal year 2008. The 
     conferees have provided $66.0 million for RRW phase 2A 
     activities.
       The conferees believe clarification of the United States' 
     long-term nuclear weapons policy is a prerequisite to any 
     major decisions on the size and composition of the nuclear 
     weapons stockpile and the complex that supports it. To that 
     end, the conference agreement includes section 1062 
     establishing a congressionally appointed bipartisan 
     commission to examine U.S. nuclear policy and strategic 
     posture, and section 1070, requiring that a new Nuclear 
     Posture Review be submitted to Congress in December 2009.
       On September 7, 2007, JASON completed a technical review of 
     the RRW with a focus on the Lawrence Livermore National 
     Laboratory (LLNL)/Sandia National Laboratory design, now 
     known as WR1. The review was undertaken at the request of the 
     NNSA. In this review, JASON made four findings with 
     accompanying recommendations. The four findings are:
       (1) Certification for WR1 will require new experiments, 
     enhanced computational tools, and improved scientific 
     understanding of the connection of the results from such 
     experiments and simulations to the existing nuclear explosive 
     test data.
       (2) The physical understanding of the enhanced surety 
     features, which address a top requirement for WR1, is still 
     under development.
       (3) New fabrication processes are proposed for WR1 with the 
     intent of simplifying manufacturing and achieving cost 
     savings but their impact on performance must be further 
     understood.
       (4) In the absence of new nuclear-explosive testing, the 
     challenges to certification must be met in a peer review 
     regime that establishes confidence in the WR1 design. Peer 
     review is essential to establishing the technical credibility 
     of new designs. Peer review for RRW certification must play a 
     larger role than provided for by current NNSA guidelines or 
     envisaged in the LLNL plans.
       The JASON findings begin to identify the challenges of the 
     RRW program and the scientific work and general processes 
     that need substantial focus and attention. The conferees 
     believe that the RRW program will present many scientific 
     challenges and urge the NNSA to ensure that the stockpile 
     stewardship scientific, computational, and experimental 
     capabilities and tools are maintained and expanded as 
     necessary to support RRW.
       The conferees urge the NNSA to approach the RRW program 
     cautiously, with a commitment to address and resolve all 
     issues as completely as possible. Using an outside technical 
     review mechanism, such as JASON, is necessary to fully 
     understand the technical issues associated with RRW. The 
     conferees urge the NNSA to consider how a regularized 
     external review could be undertaken.
     Nuclear test readiness (sec. 3112)
       The Senate amendment contained a provision (sec. 3121) that 
     would repeal section 3113 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136) 
     and extend the requirement for a test readiness report 
     required by section 4208 of the Atomic Energy Defense Act (50 
     U.S.C. 2528), but require the Secretary of Energy to submit 
     the report biennially on March 1 of each odd-numbered year 
     beginning on March 1, 2009.
       The House bill contained no similar provision.
       The House recedes.
     Modification of reporting requirement (sec. 3113)
       The Senate amendment contained a provision (sec. 3136) that 
     would modify the report required by section 3111 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163). Section 3111 required the Secretary of 
     Energy to submit a report on the Reliable Replacement Warhead 
     (RRW) by March 2007. The amendment would make the report a 
     biennial report through 2013. In addition, the provision 
     would require that the report be submitted in a classified 
     form with an unclassified summary.
       The House bill contained no similar provision.
       The House recedes with an amendment that would eliminate 
     the requirement for a biennial report through 2013 and retain 
     the requirement that the report be submitted in a classified 
     form with a detailed unclassified summary.
       The conferees note that the Secretary of Energy has failed 
     to submit the report required by section 3111, and remind the 
     Secretary that the report was due to Congress on March 1, 
     2007. The conferees believe that this report is important to 
     future decisions about the RRW program.
     Limitation on availability of funds for fissile materials 
         disposition program (sec. 3114)
       The Senate amendment contained a provision (sec. 3112) that 
     would require the Secretary of Energy to certify to the 
     congressional defense committees what portions of the fiscal 
     year 2008 and prior fiscal years' funds for the fissile 
     materials disposition program will be obligated and expended 
     in fiscal years 2008 and 2009, before any of the fiscal year 
     2008 funds are obligated or expended. In the event that any 
     of the fiscal year 2008 funds will not be obligated in fiscal 
     years 2008 or 2009, the provision would authorize the 
     Secretary to use such fiscal year 2008 funds for obligation 
     to any other nonproliferation program in which the funds 
     could be obligated and expended in fiscal years 2008 or 2009.
       The House bill contained no similar provision.
       The House recedes with an amendment that would prohibit the 
     Secretary of Energy from obligating more than 75 percent of 
     the funds authorized to be appropriated for the fissile 
     materials disposition program for fiscal year 2008 until the 
     Secretary, in consultation with the Administrator for Nuclear 
     Security, submits a report to the congressional defense 
     committees setting forth a plan for obligating and expending 
     prior year funds that remain available for obligation after 
     January 1, 2008, as well as fiscal year 2008 funds.
       The conferees continue to fully support the goals of the 
     United States Surplus Fissile Materials Disposition program, 
     which include disposition of U.S. surplus weapons-grade 
     plutonium and use of the mixed oxide fuel fabrication 
     facility for such plutonium disposition. The conferees 
     emphasize that the program has important nonproliferation 
     benefits and is consistent with the national security 
     interests of the United States. The disposition of surplus 
     weapons-grade plutonium will demonstrate to the international 
     community our commitment to permanently eliminating materials 
     that could be used for nuclear weapons.
       The conferees also continue to fully support the goals of 
     the Russian Surplus Fissile Materials Disposition program, 
     which include disposition of the Russian Federation's surplus 
     weapons-grade plutonium. However, the conferees are concerned 
     by the remaining lack of certainty on issues relating to the 
     path forward for Russian plutonium disposition.
       The conferees request an update from the Secretary of 
     Energy at the earliest possible date on the subjects covered 
     in the report the Secretary submitted to the congressional 
     defense committees relating to the Russian Surplus Fissile 
     Materials Disposition program, in response to the requirement 
     under section 3121 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364).
     Modification of limitations on availability of funds for 
         waste treatment and immobilization plant (sec. 3115)
       The Senate amendment contained a provision (sec. 3113) that 
     would amend section 3120a of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364) 
     to require an independent review and certification by the 
     Secretary of Energy of the earned value management system for 
     the waste treatment and immobilization plant at the 
     Department of Energy's Hanford Site.
       The House bill contained no similar provision.
       The House recedes.
     Modification of sunset date of the Office of the Ombudsman of 
         the Energy Employees Occupational Illness Compensation 
         program (sec. 3116)
       The Senate amendment contained a provision (sec. 3137) that 
     would extend the sunset date for the Office of the Ombudsman 
     for the Energy Employees Occupational Illness Compensation 
     program for 5 years to October 28, 2012.
       The House bill contained a similar provision (sec. 3118) 
     that would permanently establish the Office of the Ombudsman, 
     provide the Office of the Ombudsman with contracting 
     authority, and expand the scope of the duties of the office. 
     In addition, the provision would change the nature of the 
     funding that supports the office from mandatory to 
     discretionary.
       The House recedes.
     Technical amendments (sec. 3117)
       The Senate amendment contained a provision (sec. 3125) that 
     would make technical amendments to the Atomic Energy Defense 
     Act (50 U.S.C. 2521 et seq.)
       The House bill contained no similar provision.
       The House recedes.

                       Subtitle C--Other Matters

     Study on using existing pits for the Reliable Replacement 
         Warhead program (sec. 3121)
       The House bill contained a provision (sec. 3111) that would 
     require the Administrator for Nuclear Security, in 
     consultation with the Nuclear Weapons Council, to analyze and 
     then report on the feasibility of using existing plutonium 
     pits to remanufacture warheads in the Reliable Replacement 
     Warhead (RRW) program. The report to the congressional 
     defense committees would be due no later than February 1, 
     2008. The report would be unclassified but may include a 
     classified annex.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would clarify the 
     scope of the study and the report to look at the feasibility 
     of using existing plutonium pits in the RRW program, in lieu 
     of newly manufactured pits.

[[Page H15144]]

     The study would include an analysis of certification, 
     manufacturing, and technical issues relating to the use of 
     existing plutonium pits and would be due to the congressional 
     defense committees no later than 6 months after the date of 
     enactment of this Act.
     Report on retirement and dismantlement of nuclear warheads 
         (sec. 3122)
       The House bill contained a provision (sec. 3113) that would 
     direct the Administrator for Nuclear Security, in 
     consultation with the Nuclear Weapons Council, to submit to 
     the congressional defense committees a report on the 
     retirement and dismantlement of the nuclear warheads that are 
     not part of the enduring stockpile but that have not been 
     dismantled. The report would be due no later than February 1, 
     2008 and would include a plan to accelerate the dismantlement 
     of such nuclear warheads and an assessment of the feasibility 
     of implementing an accelerated schedule.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would change the 
     due date of the report to March 1, 2008. Further, the 
     amendment would specify that the nuclear warheads that are 
     the subject of the report would be those warheads that will 
     not be part of the enduring stockpile as of December 31, 
     2012, but that have not yet been dismantled. In addition, the 
     amendment would require the Administrator to include in the 
     report an assessment of the capacity of the nuclear weapons 
     complex and the resources needed to accommodate an 
     accelerated schedule.
     Plan for addressing security risks posed to nuclear weapons 
         complex (sec. 3123)
       The House bill contained a provision (sec. 3114) that would 
     direct the Administrator for Nuclear Security to conduct an 
     assessment of the physical security and cyber security risks 
     posed to the nuclear weapons complex at the Department of 
     Energy (DOE) and the security technologies employed within 
     the complex. The report on the assessment would be submitted 
     to the congressional defense committees and would include a 
     site- specific description of security technologies, a 
     description of how DOE establishes investment priorities, and 
     a multi-year plan for replacement and maintenance of 
     technologies.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require 
     that the plan be prepared in consultation with the Director 
     of the Office of Health, Safety, and Security of the DOE. The 
     amendment would also add the report as an additional element 
     to the National Nuclear Security Administration annual 
     future-years nuclear security program plan.
     Department of Energy protective forces (sec. 3124)
       The House bill contained a provision (sec. 3112) that would 
     require the Administrator for Nuclear Security to conduct a 
     review of the protective forces at the National Nuclear 
     Security Administration (NNSA) sites and submit a report to 
     the congressional defense committees setting forth the 
     results of the review. The report would be due no later than 
     March 1, 2008 and would include an assessment of the 
     potential risks associated with contractual incentives and 
     mechanisms to provide protective forces. In addition, the 
     report would require an assessment of specific alternative 
     management options for managing the protective forces.
       The Senate amendment contained a similar provision (sec. 
     3124) that would require the Comptroller General of the 
     United States to report to the Committees on Armed Services 
     of the Senate and the House of Representatives on the 
     management of protective forces at the Department of Energy 
     (DOE) sites with category I nuclear material. This would 
     include the relevant NNSA sites. The report would be due 180 
     days after the date of enactment of this Act and would 
     include a discussion of the management, contractual 
     structure, training, benefits, and alternative management 
     options for the DOE protective forces.
       The Senate recedes with an amendment that would combine the 
     elements of each report into companion assessments and 
     reviews of the protective forces at the DOE and NNSA sites 
     with category I nuclear materials. These assessments and 
     reviews would be included in sequential reports, first by the 
     Comptroller General and then the Administrator for Nuclear 
     Security. The amendment would require the Comptroller General 
     report to be submitted 180 days after the date of enactment 
     of this Act. No later than 90 days following the receipt of 
     the Comptroller General report the Secretary of Energy, in 
     conjunction with the Administrator for Nuclear Security and 
     the Assistant Secretary for Environmental Management, would 
     submit to the Committees on Armed Services a report on the 
     management of the protective forces, using the Comptroller 
     General report as a starting point. The DOE review would 
     include an assessment of the options for management 
     identified by the Comptroller General, as well as other 
     options that the Secretary may identify. In addition, the DOE 
     report would include an analysis and assessment of the role 
     contractor incentives play in the management and performance 
     of the protective forces.
     Evaluation of National Nuclear Security Administration 
         strategic plan for advanced computing (sec. 3125)
       The Senate amendment contained a provision (sec. 3138) that 
     would require the Secretary of Energy to 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 (NNSA). The report would be 
     due 180 days after the date of enactment of this Act. The 
     report would include: an assessment of the role played by 
     NNSA high performance computing research in maintaining U.S. 
     leadership in computer capabilities and the impact of funding 
     reductions to such leadership; the way in which NNSA uses 
     computational capabilities to support the Stockpile 
     Stewardship programs; the NNSA relationship with private 
     industry; and the efforts of the Department of Energy (DOE) 
     to coordinate supercomputing work within the DOE, with other 
     government agencies, and with private industry.
       The House bill contained no similar provision.
       The House recedes with an amendment that would modify the 
     elements of the assessment. Included in the report would be: 
     an assessment of the adequacy of the strategic plan in 
     supporting the Stockpile Stewardship program; the role of 
     research and development in high performance computing in 
     fulfilling the missions of the NNSA and maintaining U.S. 
     leadership in this area; and the impact of changes in 
     investment levels or strategies to fulfill the missions of 
     the NNSA. The amendment would also require an assessment of 
     DOE efforts to coordinate supercomputing work within the DOE, 
     to develop joint strategies with other federal agencies and 
     private industry, and to share developments and capitalize on 
     innovations with private industry. This amendment would also 
     require the report to be submitted by the Secretary of Energy 
     1 year after the date of enactment of this Act.
     Sense of Congress on the nuclear nonproliferation policy of 
         the United States and the Reliable Replacement Warhead 
         program (sec. 3126)
       The Senate amendment contained a provision (sec. 3122) that 
     would set forth the sense of Congress that the United States 
     should take a number of actions with respect to 
     nonproliferation matters. The provision would also set forth 
     the sense of Congress that any decision to manufacture or 
     deploy a Reliable Replacement Warhead should be formulated in 
     the broader context of the progress made by the United States 
     toward each of the enumerated goals.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify 
     several of the actions enumerated in the Senate provision. 
     The amendment would also modify item number five with respect 
     to the Comprehensive Test Ban Treaty by replacing it with a 
     sense of Congress that the United States should sustain the 
     Science-Based Stockpile Stewardship program, which provides 
     the basis for certifying the U.S. nuclear deterrent and 
     maintaining the moratorium on underground nuclear weapons 
     testing.
     Department of Energy report on plan to strengthen and expand 
         International Radiological Threat Reduction program (sec. 
         3127)
       The House bill contained a provision (sec. 3115) that would 
     require the Secretary of Energy to submit a report to 
     Congress that sets forth a specific plan for strengthening 
     and expanding the Department of Energy (DOE) International 
     Radiological Threat Reduction (IRTR) program within the 
     Global Threat Reduction Initiative. The plan would include 
     actions to address the issues raised and recommendations made 
     in the March 13, 2007 Government Accountability Office report 
     titled ``Focusing on the Highest Priority Radiological 
     Sources Could Improve DOE's Efforts to Secure Sources in 
     Foreign Countries.'' The report would be due no later than 60 
     days after the date of enactment of this Act.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would direct the 
     Secretary of Energy to submit the report to Congress no later 
     than 120 days after the date of enactment of this Act and 
     would modify several of the elements required to be in the 
     report. This would include a clarification that the Secretary 
     should give high priority to materials that present the 
     highest risk.
       The conferees support the idea that the IRTR program should 
     concentrate on securing the radiological materials that 
     present the highest risk, but also encourage the DOE to take 
     advantage of opportunities, as they arise, to increase the 
     security of radiological materials, even if the materials to 
     be secured represent a lower comparative risk.
     Department of Energy report on plan to strengthen and expand 
         Materials Protection, Control, and Accounting program 
         (sec. 3128)
       The House bill contained a provision (sec. 3116) that would 
     require the Secretary of Energy to submit to Congress a 
     report that sets forth a specific plan for strengthening and 
     expanding the Department of Energy Materials Protection, 
     Control, and Accounting program. The plan would include 
     actions to address the issues raised and recommendations made 
     in the February 2007 Government Accountability Office report 
     titled ``Progress Made in Improving Security at Russian 
     Nuclear Sites, but the Long-Term Sustainability of U.S. 
     Funded Security Upgrades is Uncertain.'' The plan would also 
     include a

[[Page H15145]]

     long-term operational plan to secure all weapons-usable 
     material and warhead sites as quickly and effectively as 
     possible and ensure that sufficient funding is available to 
     carry out these activities. The report would be due 60 days 
     after the date of enactment of this Act.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would modify 
     several of the elements required to be in the report, and 
     would direct the Secretary to submit the report to Congress 
     no later than 120 days after the date of enactment of this 
     Act.
     Agreements and reports on nuclear forensics capabilities 
         (sec. 3129)
       The Senate amendment contained a provision (sec. 3139) that 
     would authorize the Secretary of Energy, 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, to enter into 
     agreements with countries or other entities to collect data 
     and conduct such analysis as is needed to determine the 
     source of components or fissile materials used or attempted 
     to be used in a nuclear device or weapon. The provision would 
     also require the Secretary of Energy, in coordination with 
     the Secretary of State, to submit a report to Congress 
     identifying the progress made on entering into such 
     agreements, including the identification of any major 
     obstacles to such agreements. The provision would also 
     require the President to submit a report to Congress setting 
     forth the procedures and standards to be used to determine 
     the source of the nuclear weapons, material, or component, 
     and whether the country or group knowingly or negligently 
     provided the material or component used or attempted to be 
     used. This report would also assess the capability to make 
     such a determination and a plan for addressing any capability 
     shortfalls.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
       The conferees urge the Secretary of Energy to identify in 
     the portion of the report dealing with international 
     agreements, in the section identifying any obstacles to 
     completing such agreements, any additional legal or 
     administrative authorities that are needed to implement such 
     agreements, if such additional authorities are needed.
     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. 
         3130)
       The Senate amendment contained a provision (sec. 3123) that 
     would require the Secretary of Energy to prepare a report on 
     the status of environmental management initiatives, including 
     the progress made in reducing environmental risks and 
     challenges, the status of enforceable milestones and plans 
     for the future, any proposals for legislation to carry out 
     environmental management initiatives, and an estimate of the 
     life cycle cost of the environmental management program. The 
     report would be submitted to the congressional defense 
     committees concurrent with the budget justification materials 
     in support of the Department of Energy's budget for fiscal 
     year 2009. The provision would also require the Secretary to 
     submit the report to the Government Accountability Office for 
     review. The Comptroller General would be allotted 180 days to 
     review and assess the required report and then submit a 
     report to the congressional defense committees setting forth 
     the results of the review.
       The House bill contained no similar provision.
       The House recedes with an amendment that would modify the 
     date for submittal of the report and the elements to be 
     included. The amendment would require the Secretary to submit 
     the report to the congressional defense committees and the 
     Government Accountability Office not later than September 30, 
     2008. The amendment would require a listing of major 
     mandatory milestones and commitments, together with a summary 
     providing a more general description of milestones or types 
     of milestones that are projected to be or are in jeopardy of 
     being missed at each site. The amendment would also require a 
     description of the process currently being instituted by the 
     Department in its Order 430.1A for the nomination and 
     acceptance of new work scope into the environmental 
     management program, as well as a listing of pending 
     nominations, and life cycle cost estimates and schedules to 
     address them. The amendment would further require an estimate 
     of the life cycle cost of the current program scope. Finally, 
     the amendment would require the Comptroller General to submit 
     a review of the report to the congressional defense 
     committees not later than March 30, 2009.

                Subtitle D--Nuclear Terrorism Prevention

     Definitions (sec. 3131)
       The Senate amendment contained a provision (sec. 3131) that 
     would define terms used in sections 3132 through 3135 of the 
     Senate amendment. These provisions relate to nuclear 
     terrorism prevention.
       The House bill contained no similar provision.
       The House recedes.
     Sense of Congress on the prevention of nuclear terrorism 
         (sec. 3132)
       The Senate amendment contained a provision (sec. 3133) that 
     would set forth the sense of Congress that the President 
     should: make the prevention of a nuclear terrorist attack on 
     the United States of the highest priority; request additional 
     funding to accelerate programs to prevent nuclear terrorism; 
     and work with the international community to reduce the 
     dangers of nuclear terrorism. The provision would further 
     state that the United States and the international community 
     should make additional efforts to ensure that all 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. The provision would also specify that the International 
     Atomic Energy Agency should be funded appropriately to 
     fulfill its role in protecting nuclear material and combating 
     nuclear smuggling.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Minimum security standard for nuclear weapons and formula 
         quantities of strategic special nuclear material (sec. 
         3133)
       The Senate amendment contained a provision (sec. 3134) that 
     would set forth the policy of the United States to work with 
     the international community to ensure that nuclear weapons 
     around the world are secure and accounted for and that all 
     formula quantities of strategic special nuclear material are 
     eliminated, removed, or are secure and accounted for. In 
     furtherance of this policy, the provision would set forth 
     actions that the President should take to seek the broadest 
     possible international agreement on a global standard for 
     nuclear security and to work with other countries and the 
     International Atomic Energy Agency to ensure that security of 
     nuclear weapons and formula quantities of strategic special 
     nuclear material is upgraded to meet the global standard. 
     Actions that the United States takes in support of this goal 
     would include providing appropriate financial and technical 
     support to support security upgrades, and working with other 
     governments to ensure that appropriate security rules, 
     regulations, and enforcement measures are in place.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify that 
     the statements urging presidential action reflect the sense 
     of Congress.
     Annual report (sec. 3134)
       The Senate amendment contained a provision (sec. 3135) that 
     would require the President, in consultation with relevant 
     federal departments and agencies, to submit an annual report 
     to Congress on the security of nuclear weapons, formula 
     quantities of strategic special nuclear material, 
     radiological material, and related equipment around the 
     world. The report would include a section on relevant 
     programs and would specifically include: a list of facilities 
     and sites that are determined to be 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; a related prioritized 
     diplomatic and technical plan that includes the role that the 
     international community is playing and could play, including 
     a plan for securing contributions; and an assessment of the 
     progress made in implementing the plan. The report would be 
     due annually on September 1, beginning on September 1, 2008.
       The House bill contained no similar provision.
       The House recedes with an amendment that would limit the 
     report to nuclear weapons and related equipment and formula 
     quantities of strategic nuclear material. In addition, the 
     amendment would clarify that the report would not cover such 
     weapons, material, and equipment in the United States. The 
     amendment would sunset the reporting requirement after 
     calendar year 2012.

                   Legislative Provisions Not Adopted

     Authority to use International Nuclear Materials Protection 
         and Cooperation program funds outside the former Soviet 
         Union
       The House bill contained a provision (sec. 3117) that would 
     amend section 3124 of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136) to modify certain 
     emergency authorities relating to the use of Department of 
     Energy International Nuclear Materials Protection and 
     Cooperation program funds outside the former Soviet Union.
       The Senate amendment contained no similar provision.
       The House recedes.
     Findings
       The Senate amendment contained a provision (sec. 3132) that 
     would set forth a number of findings concerning: the 
     possibility that terrorists may acquire and use a nuclear 
     weapon against the United States; the programs and 
     international mechanisms designed to address that threat; and 
     the recognition that additional efforts are needed to address 
     that threat.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the ``National Strategy for 
     Combating Terrorism'' states that ``[w]eapons of mass 
     destruction in the hands of terrorists is one of the gravest 
     threats we face.'' Similarly, former Senator

[[Page H15146]]

     Sam Nunn has stated that ``[s]tockpiles of loosely guarded 
     nuclear weapons material are scattered around the world, 
     offering inviting targets for theft or sale.''
       The conferees support strengthening and expanding, as much 
     as possible, the programs designed to address these threats 
     and other threats arising from the proliferation of nuclear, 
     as well as radiological, weapons and weapons-related 
     materials, technologies, and expertise. Such programs include 
     the nonproliferation programs of the Department of Energy 
     (DOE). These programs are critical to U.S. national security 
     and should be a top priority. Significant progress has been 
     made over the last 15 years, but much remains to be done. The 
     DOE nonproliferation programs would benefit from additional 
     funding to support new and expanded program activities. 
     Elsewhere in this Act, the conferees have included a number 
     of provisions and additional funding for these programs to 
     ensure that, wherever possible, actions are taken to address 
     threats involving nuclear and radiological weapons, and 
     weapons-related materials, technologies, and expertise, 
     including actions to reduce the possibility that a terrorist 
     could ever acquire and use a nuclear weapon against the 
     United States.

   TITLE XXXII--WAR RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION 
                             AUTHORIZATIONS

                     Legislative Provision Adopted

     Additional war-related authorization of appropriations for 
         National Nuclear Security Administration (sec. 3201)
       The House bill contained a provision (sec. 1517) that would 
     authorize $50.0 million in additional fiscal year 2008 
     funding for Operation Iraqi Freedom and Operation Enduring 
     Freedom for defense nuclear nonproliferation, the amount of 
     the fiscal year 2008 war-related budget request for that 
     purpose.
       The Senate amendment contained a similar provision (sec. 
     3101) that would include in the overall amount authorized for 
     defense nuclear nonproliferation an additional $50.0 million 
     for the defense nuclear nonproliferation programs requested 
     in the fiscal year 2008 war-related budget.
       The Senate recedes with an amendment that would specify 
     that of the amounts authorized, $30.0 million is for the 
     International Nuclear Materials Protection and Cooperation 
     program and $20.0 million is for the Global Threat Reduction 
     Initiative.

         TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

                     Legislative Provision Adopted

     Authorization (sec. 3301)
       The House bill contained a provision (sec. 3201) that would 
     authorize $22.5 million for fiscal year 2008 for the Defense 
     Nuclear Facilities Safety Board (DNFSB).
       The Senate amendment contained a similar provision (sec. 
     3201) that would authorize $27.5 million for the DNFSB.
       The Senate recedes.
       The conferees are concerned that in the future the DNFSB 
     may not have the resources to attract and retain the 
     technical staff needed to meet its statutory 
     responsibilities.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

                     Legislative Provisions Adopted

     Authorization of appropriations (sec. 3401)
       The House bill contained a provision (sec. 3401) that would 
     authorize $17.3 million for the operation and maintenance of 
     the Naval Petroleum and Oil Shale Reserves.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Remedial action at Moab Uranium milling site (sec. 3402)
       The House bill contained a provision (sec. 3402) that would 
     require the Secretary of Energy to complete remediation at 
     the Moab site and remove the tailings to the Crescent 
     Junction site in Utah no later than October 1, 2019.
       The Senate amendment contained a similar provision (sec. 
     879) that would require the Secretary to develop a strategy 
     to complete the remediation of the Moab site no later than 
     January 1, 2019. In addition, the provision would direct the 
     Secretary of Energy to submit a report 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 on how the existing cost, scope, and 
     schedule for remediation would be changed to meet the 
     implementation plan
       The Senate recedes with an amendment that would direct the 
     Secretary of Energy to submit a report to Congress no later 
     than October 2, 2019, if the Secretary will not be able to 
     complete the remediation at the Moab site by October 1, 2019.
       The conferees urge the Secretary to submit any such report 
     notifying Congress of any delay as soon as the Secretary of 
     Energy is aware of any delay.

                  TITLE XXXV--MARITIME ADMINISTRATION

                     Legislative Provisions Adopted

     Authorization of appropriations for fiscal year 2008 (sec. 
         3501)
       The House bill contained a provision (sec. 3501) that would 
     authorize a total of $135.3 million for fiscal year 2008, 
     equal to the President's budget request. Of the amount 
     authorized, $20.0 million would be available for the disposal 
     of obsolete vessels; $13.8 million for capital improvements 
     at the United States Merchant Marine Academy; and $8.3 
     million for maintenance and repair of school ships at the 
     State Maritime Academies.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would increase 
     the amount authorized by an additional $9.0 million. Of the 
     additional amount authorized, $1.5 million would be for 
     maintenance and repair of school ships at the State Maritime 
     Academies; and $2.5 million would be for expenses and capital 
     improvements at the United States Merchant Marine Academy.
       The amendment would further clarify the amounts currently 
     authorized in law for expenses: to maintain and preserve a 
     U.S. flag merchant fleet under chapter 531 of title 46, 
     United States Code, $156.0 million; for paying reimbursement 
     under section 3517 of the Maritime Security Act of 2003 (46 
     U.S.C. 53101 note), $19.5 million; for assistance to small 
     shipyards and maritime communities under section 54101 of 
     title 46, United States Code, $25.0 million; and for the cost 
     (as defined in section 502(5) of the Federal Credit Reform 
     Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under the 
     program authorized by chapter 537 of title 46, United States 
     Code, $30.0 million.
     Temporary authority to transfer obsolete combatant vessels to 
         the Navy for disposal (sec. 3502)
       The House bill contained a provision (sec. 3502) that would 
     allow the Secretary of Transportation to transfer no fewer 
     than three combatant vessels in the non-retention fleet of 
     the Maritime Administration to the Navy for disposal.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Vessel disposal program (sec. 3503)
       The House bill contained a provision (sec. 3503) that would 
     require the Secretary of Transportation to submit a 
     comprehensive report on the current plan for disposal of 
     vessels in the non-retention fleet of the Maritime 
     Administration.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Transportation to convene a working group 
     composed of representatives from the Department of the Navy, 
     the Maritime Administration, the Coast Guard, the 
     Environmental Protection Agency, and the National Oceanic and 
     Atmospheric Administration, and any other federal or State 
     organizations who deal with the disposal of obsolete vessels. 
     The Secretary is directed to charter the working group to 
     make recommendations for the best practices that meet or 
     exceed, and harmonize, the requirements of federal and State 
     environmental laws and regulations applicable to the storage, 
     disposal, and interim transportation of such vessels. The 
     amendment would further require the Secretary to report the 
     results of the working group to the Senate Committee on 
     Commerce, Science, and Transportation, and the Committees on 
     Armed Services of the Senate and the House of 
     Representatives.

                          Subtitle B--Programs

     Commercial vessel chartering authority (sec. 3511)
       The Senate amendment contained a provision (sec. 5101) that 
     would amend chapter 575 of title 46, United States Code, to 
     allow the Secretary of Transportation to 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 title 46, United 
     States Code. The amendment would authorize the Secretary to 
     use this authority as the Secretary deems appropriate.
       The House bill contained no similar provision.
       The House recedes.
     Maritime Administration vessel chartering authority (sec. 
         3512)
       The Senate amendment contained a provision (sec. 5102) that 
     would amend section 50303 of title 46, United States Code, to 
     allow the Administrator of the Maritime Administration to 
     charter vessels under the control of the Administrator. The 
     consent of the Secretary of Defense would be required for 
     vessels in the Ready Reserve Force or in the National Defense 
     Reserve Fleet maintained in a retention status.
       The House bill contained no similar provision.
       The House recedes.
     Chartering to State and local governmental instrumentalities 
         (sec. 3513)
       The Senate amendment contained a provision (sec. 5103) that 
     would amend section 11(b) of the Merchant Ship Sales Act of 
     1946 (50 U.S.C. App. 1744(b)), which would allow for 
     chartering of vessels of the Ready Reserve Fleet on a 
     reimbursable basis to States, localities, or territories of 
     the United States.
       The House bill contained no similar provision.
       The House recedes.
     Disposal of obsolete Government vessels (sec. 3514)
       The Senate amendment contained a provision (sec. 5104) that 
     would amend section 6(c)(1) of the National Maritime Heritage 
     Act of 1994 (16 U.S.C. 5404(c)(1)), which would require the 
     establishment of a priority system

[[Page H15147]]

     for the disposal of obsolete vessels consistent with their 
     material condition and their subsequent danger to the 
     environment.
       The House bill contained no similar provision.
       The House recedes.
     Vessel transfer authority (sec. 3515)
       The Senate amendment contained a provision (sec. 5105) that 
     would amend section 50304 of title 46, United States Code, to 
     allow for the Secretary of Transportation to charter to other 
     departments of the United States Government vessels under the 
     jurisdiction of the Secretary, with prior consent required by 
     the Secretary of Defense for vessels in the Ready Reserve 
     Force or the National Defense Reserve Fleet.
       The House bill contained no similar provision.
       The House recedes.
     Sea trials for the Ready Reserve force (sec. 3516)
       The Senate amendment contained a provision (sec. 5106) that 
     would amend section 11(c)(1)(B) of the Merchant Ship Sales 
     Act of 1946 (50 U.S.C. App. 1744(c)(1)(B)) to change the 
     period of activation and sea trials of vessels of the Ready 
     Reserve Force to every 30 months, which would conform with 
     current Coast Guard regulations.
       The House bill contained no similar provision.
       The House recedes.
     Review of applications for loans and guarantees (sec. 3517)
       The Senate amendment contained a provision (sec. 5107) that 
     would require the Administrator of the Maritime 
     Administration to develop a comprehensive plan for the review 
     of traditional and non-traditional applications for loans and 
     guarantees under chapter 537 of title 46, United States Code.
       The House bill contained no similar provision.
       The House recedes with an amendment that contains a 
     statement of findings and would require, within 90 days of 
     receipt of all required documentation for a loan or 
     guarantee, defined as a traditional loan, under chapter 537 
     of title 46, United States Code, the Administrator to either 
     accept or reject such application. The amendment would also 
     require that within 180 days of receipt of all required 
     documentation for a loan or guarantee, defined as a non-
     traditional loan under chapter 537 of title 46, United States 
     Code, the Administrator to either accept or reject such 
     application.

                   Subtitle C--Technical Corrections

     Technical corrections (secs. 3521-3529)
       The Senate amendment contained a Title (Title LII--
     Technical Corrections) including a series of provisions 
     (secs. 5201-5210) that would make corrections to various 
     sections of title 46, United States Code.
       The House bill contained no similar provision.
       The House recedes to the following provisions of the Senate 
     amendment: section 5202 (as amended); section 5203; section 
     5204; section 5205; section 5206; section 5207; section 5208, 
     with the exception of subsection (c), (Oceanographic Research 
     Vessels); section 5209; and section 5210.
       The conferees understand that these provisions are 
     technical or clarifying in nature and are part of the ongoing 
     work of the Office of Law Revision Counsel to complete the 
     re-codification of title 46, United States Code. The 
     Committee on the Judiciary has reported legislation, H.R. 
     3387, with an accompanying report (H. Rept. 110-437) that 
     would make substantially the same technical and clarifying 
     changes to title 46.

                   Legislative Provisions Not Adopted

     Short title
       The Senate amendment contained a provision (sec. 5001) that 
     would name the division of the bill as the ``Maritime 
     Administration Authorities Act of 2007''.
       The House bill contained no similar provision.
       The Senate recedes.
     Technical corrections
       The Senate amendment contained a Title (Title LII--
     Technical Corrections) including a series of provisions 
     (secs. 5201-5210) that would make corrections to various 
     sections of title 46, United States Code.
       The House bill contained no similar provision.
       The Senate recedes to the following provisions: section 
     5201; subsection (a) of section 5202, Personal Injury to or 
     Death of Seamen; and subsection (c) of section 5208, 
     Oceanographic Research Vessels.
       The conferees were advised by the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives that these provisions would not be necessary 
     in connection with the re-codification and could have 
     unintended substantive effect.

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[[Page H15204]]

     From the Committee on Armed Services, for consideration of 
     the House bill and the Senate amendment, and modifications 
     committed to conference:
     Ike Skelton,
     John M. Spratt,
     Gene Taylor,
     Neil Abercrombie,
     Silvestre Reyes,
     Vic Snyder,
     Adam Smith,
     Loretta Sanchez,
     Mike McIntyre,
     Ellen O. Tauscher,
     Robert A. Brady,
     Robert E. Andrews,
     Susan A. Davis,
     Richard Larsen,
     Jim Cooper,
     Jim Marshall,
     Madeleine Z. Bordallo,
     Mark Udall,
     Duncan Hunter,
     Jim Saxton,
     John M. McHugh,
     Terry Everett,
     Roscoe Bartlett,
     Howard ``Buck'' McKeon,
     Mac Thornberry,
     Walter B. Jones,
     Robin Hayes,
     W. Todd Akin,
     J. Randy Forbes,
     Joe Wilson,
     Michael R. Turner,
     John Kline,
     Thelma Drake,
     From the Permanent Select Committee on Intelligence, for 
     consideration of matters within the jurisdiction of that 
     committee under clause 11 of rule X:
     Leonard L. Boswell,
     Pat J. Murphy,
     From the Committee on Education and Labor, for consideration 
     of secs. 561, 562, 675, 953, and 3118 of the House bill, and 
     secs. 561, 562, 564, 565, and 3137 of the Senate amendment, 
     and modifications committed to conference:
     Joe Courtney,
     Timothy Walberg,
     From the Committee on Energy and Commerce, for consideration 
     of secs 311-313 and 1082 of the Senate amendment, and 
     modifications committed to conference:
     John D. Dingell,
     Albert R. Wynn,
     From the Committee on Foreign Affairs, for consideration of 
     secs. 831, 833, 1022, 1201, 1203, 1204, 1206-1208, 1221, 
     1222, 1231, 1241, 1242, Title XIII, and sec. 3117 of the 
     House bill, and secs. 871, 934, 1011, 1201-1203, 1205, 1211, 
     1212, 1214, 1215, 1217, 1219, 1232, Title XIII, secs. 1511, 
     1512, 1532, 1533, 1539-1542, 1571, 1574-1576, 1579, 3134, and 
     3139 of the Senate amendment, and modifications committed to 
     conference:
     Tom Lantos,
     Gary Ackerman,
     Ileana Ros-Lehtinen,
     From the Committee on Homeland Security, for consideration of 
     sec. 1076 of the Senate amendment, and modifications 
     committed to conference:
     Bennie G. Thompson,
     Christopher P. Carney,
     Daniel E. Lungren,
     From the Committee on Oversight and Government Reform, for 
     consideration of secs. 325, 326, 328-330, 604, 653, 674, 801, 
     802, 814, 815, 821-824, 1101-1112, 1221, 1231, and 1451 of 
     the House bill, and secs. 366-370, 603, 684, 821, 823, 842, 
     845, 846, 871, 902, 937, 1064, 1069, 1074, 1093, 1101-1106, 
     1108, 1540, 1542, and 2851 of the Senate amendment, and 
     modifications committed to conference:
     Henry A. Waxman,
     From the Committee on Science and Technology, for 
     consideration of secs. 846, 1085, and 1088 of the Senate 
     amendment, and modifications committed to conference:
      Bart Gordon,
     Gabrielle Giffords,
     Vernon J. Ehlers,
     From the Committee on Small Business, for consideration of 
     secs. 828, 1085, 1088, 4001, 4002, 4101-4103, 4201-4203, and 
     4301-4305 of the Senate amendment, and modifications 
     committed to conference:
     Nydia M. Velazquez,
     Jason Altmire,
     From the Committee on Transportation and Infrastructure, for 
     consideration of secs. 523 and 1048 of the House bill, and 
     sec. 311-313, 353, 1070, 2853, 2855, 2863, 5101, 5202, and 
     5208 of the Senate amendment, and modifications committed to 
     conference:
     Sam Graves,
     From the Committee on Veterans Affairs, for consideration of 
     secs. 525, 1421, 1433, and 1453 of the House bill, and secs 
     701, 710, 1084, 1611, 1612, 1621, 1626, 1634, 1641, 1654, 
     1662, and 1702-1712 of the Senate amendment, and 
     modifications committed to conference:
     Bob Filner,
     Mike Michaud,
     Steve Buyer,
     From the Committee on Ways and Means, for consideration of 
     sec. 536 of the Senate amendment, and modifications committed 
     to conference:
     Dave Camp,
                                Managers on the Part of the House.

     Carl Levin,
     Ted Kennedy,
     J. Lieberman,
     Jack Reed,
     Daniel K. Akaka,
     Bill Nelson,
     Ben Nelson,
     Evan Bayh,
     Mark Pryor,
     Jim Webb,
     Claire McCaskill,
     J. Warner,
     James M. Inhofe,
     Jeff Sessions,
     Susan M. Collins,
     Saxby Chambliss,
     Lindsey Graham,
     Elizabeth Dole,
     John Cornyn,
     Mel Martinez,
     Managers on the Part of the Senate.

                          ____________________