Congressional Record, Volume 154 Issue 6 (Wednesday, January 16, 2008)

[Congressional Record Volume 154, Number 6 (Wednesday, January 16, 2008)]
[House]
[Pages H75-H260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008

Mr. SKELTON. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4986) to provide for the enactment of the National Defense
Authorization Act for Fiscal Year 2008, as previously enrolled, with
certain modifications to address the foreign sovereign immunities
provisions of title 28, United States Code, with respect to the
attachment of property in certain judgments against Iraq, the lapse of
statutory authorities for the payment of bonuses, special pays, and
similar

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benefits for members of the uniformed services, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 4986

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

SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT.

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

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

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

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

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

Subtitle B--Army Programs

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

Subtitle C--Navy Programs

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

Subtitle D--Air Force Programs

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

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

Subtitle A--Authorization of Appropriations

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

Subtitle B--Program Requirements, Restrictions, and Limitations

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

Subtitle C--Ballistic Missile Defense

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

Subtitle D--Other Matters

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

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Environmental Provisions

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

Subtitle C--Workplace and Depot Issues

Sec. 321. Availability of funds in Defense Information Systems Agency
Working Capital Fund for technology upgrades to Defense
Information Systems Network.
Sec. 322. Modification to public-private competition requirements
before conversion to contractor performance.
Sec. 323. Public-private competition at end of period specified in
performance agreement not required.
Sec. 324. Guidelines on insourcing new and contracted out functions.
Sec. 325. Restriction on Office of Management and Budget influence over
Department of Defense public-private competitions.
Sec. 326. Bid protests by Federal employees in actions under Office of
Management and Budget Circular A-76.
Sec. 327. Public-private competition required before conversion to
contractor performance.

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Sec. 328. Extension of authority for Army industrial facilities to
engage in cooperative activities with non-Army entities.
Sec. 329. Reauthorization and modification of multi-trades
demonstration project.
Sec. 330. Pilot program for availability of working-capital funds to
Army for certain product improvements.

Subtitle D--Extension of Program Authorities

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

Subtitle E--Reports

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

Subtitle F--Other Matters

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

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

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

Subtitle B--Reserve Forces

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

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

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

Subtitle B--Reserve Component Management

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

Subtitle C--Education and Training

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

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Subtitle D--Military Justice and Legal Assistance Matters

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

Subtitle E--Military Leave

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

Subtitle F--Decorations and Awards

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

Subtitle G--Impact Aid and Defense Dependents Education System

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

Subtitle H--Military Families

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

Subtitle I--Other Matters

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

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

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

Subtitle B--Bonuses and Special and Incentive Pays

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

Subtitle C--Travel and Transportation Allowances

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

Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Expansion of combat-related special compensation eligibility.
Sec. 642. Inclusion of veterans with service-connected disabilities
rated as total by reason of unemployability under
termination of phase-in of concurrent receipt of retired
pay and veterans' disability compensation.
Sec. 643. Recoupment of annuity amounts previously paid, but subject to
offset for dependency and indemnity compensation.
Sec. 644. Special survivor indemnity allowance for persons affected by
required Survivor Benefit Plan annuity offset for
dependency and indemnity compensation.
Sec. 645. Modification of authority of members of the Armed Forces to
designate recipients for payment of death gratuity.

[[Page H79]]

Sec. 646. Clarification of application of retired pay multiplier
percentage to members of the uniformed services with over
30 years of service.
Sec. 647. Commencement of receipt of non-regular service retired pay by
members of the Ready Reserve on active Federal status or
active duty for significant periods.
Sec. 648. Computation of years of service for purposes of retired pay
for non-regular service.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits

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

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

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

Subtitle G--Other Matters

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

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Military Health Benefits

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

Subtitle B--Studies and Reports

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

Subtitle C--Other Matters

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

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

Sec. 800. Short title.

Subtitle A--Acquisition Policy and Management

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

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

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

Subtitle D--Accountability in Contracting

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

Subtitle E--Acquisition Workforce Provisions

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

Subtitle F--Contracts in Iraq and Afghanistan

Sec. 861. Memorandum of understanding on matters relating to
contracting.

[[Page H80]]

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

Subtitle G--Defense Materiel Readiness Board

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

Subtitle H--Other Matters

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

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

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

Subtitle B--Space Activities

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

Subtitle C--Chemical Demilitarization Program

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

Subtitle D--Intelligence-Related Matters

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

Subtitle E--Roles and Missions Analysis

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

Subtitle F--Other Matters

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

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

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

Subtitle B--Policy Relating to Vessels and Shipyards

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

Subtitle C--Counter-Drug Activities

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

Subtitle D--Miscellaneous Authorities and Limitations

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

Subtitle E--Reports

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

Subtitle F--Other Matters

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

TITLE XI--CIVILIAN PERSONNEL MATTERS

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

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

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

Subtitle B--Matters Relating to Iraq and Afghanistan

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

Subtitle C--Iraq Refugee Crisis

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

Subtitle D--Other Authorities and Limitations

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

Subtitle E--Reports

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Sec. 1264. Report on application of the Uniform Code of Military
Justice to civilians accompanying the Armed Forces during
a time of declared war or contingency operation.
Sec. 1265. Report on family reunions between United States citizens and
their relatives in North Korea.
Sec. 1266. Reports on prevention of mass atrocities.
Sec. 1267. Report on threats to the United States from ungoverned
areas.

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

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

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

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

Subtitle B--National Defense Stockpile

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

Subtitle C--Armed Forces Retirement Home

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

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

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

TITLE XVI--WOUNDED WARRIOR MATTERS

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

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

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

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

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

Subtitle C--Health Care Matters

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

Subtitle D--Disability Matters

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

Subtitle E--Studies and Reports

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

Subtitle F--Other Matters

Sec. 1671. Prohibition on transfer of resources from medical care.

[[Page H83]]

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

TITLE XVII--VETERANS MATTERS

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

TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS

Sec. 1801. Short title.

Subtitle A--National Guard Bureau

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

Subtitle B--Additional Reserve Component Enhancement

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

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

TITLE XXI--ARMY

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

TITLE XXII--NAVY

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

TITLE XXIII--AIR FORCE

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

TITLE XXIV--DEFENSE AGENCIES

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

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

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

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

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

[[Page H84]]

TITLE XXVIIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

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

Subtitle B--Real Property and Facilities Administration

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

Subtitle C--Land Conveyances

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

Subtitle D--Energy Security

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

Subtitle E--Other Matters

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

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

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

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

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

Subtitle B--Program Authorizations, Restrictions, and Limitations

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

Subtitle C--Other Matters

[[Page H85]]

Sec. 3125. Evaluation of National Nuclear Security Administration
strategic plan for advanced computing.
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of
the United States and the Reliable Replacement Warhead
program.
Sec. 3127. Department of Energy report on plan to strengthen and expand
International Radiological Threat Reduction program.
Sec. 3128. Department of Energy report on plan to strengthen and expand
Materials Protection, Control, and Accounting program.
Sec. 3129. Agreements and reports on nuclear forensics capabilities.
Sec. 3130. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and
challenges posed by the legacy of the Cold War.

Subtitle D--Nuclear Terrorism Prevention

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

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

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

TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3301. Authorization.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

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

TITLE XXXV--MARITIME ADMINISTRATION

Subtitle A--Maritime Administration Reauthorization

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

Subtitle B--Programs

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

Subtitle C--Technical Corrections

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

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

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

Subtitle B--Army Programs

Subtitle C--Navy Programs

Subtitle D--Air Force Programs

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

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

SEC. 102. NAVY AND MARINE CORPS.

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

SEC. 103. AIR FORCE.

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

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

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

Subtitle B--Army Programs

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

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

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

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

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

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

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

(a) Funding Restricted.--Of the amounts appropriated
pursuant to an authorization of appropriations for fiscal
year 2008 or otherwise made available for Other Procurement,
Army, that are available for Increment 1 of

[[Page H86]]

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

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

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

SEC. 117. STRYKER MOBILE GUN SYSTEM.

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

Subtitle C--Navy Programs

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

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

SEC. 122. REPORT ON SHIPBUILDING INVESTMENT STRATEGY.

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

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

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

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

(a) In General.--Concurrent with approving the start of
construction of the first ship for any major shipbuilding
program, the Secretary of the Navy shall--
(1) submit a report to the congressional defense committees
on the results of any production readiness review; and
(2) certify to the congressional defense committees that
the findings of any such review support commencement of
construction.
(b) Report.--The report required by subsection (a)(1) shall
include, at a minimum, an assessment of each of the
following:
(1) The maturity of the ship's design, as measured by
stability of the ship contract specifications and the degree
of completion of detail design and production design
drawings.
(2) The maturity of developmental command and control
systems, weapon and sensor systems, and hull, mechanical and
electrical systems.
(3) The readiness of the shipyard facilities and workforce
to begin construction.
(4) The Navy's estimated cost at completion and the
adequacy of the budget to support the estimate.
(5) The Navy's estimated delivery date and description of
any variance to the contract delivery date.

[[Page H87]]

(6) The extent to which adequate processes and metrics are
in place to measure and manage program risks.
(c) Applicability.--This section applies to each major
shipbuilding program beginning after the date of the
enactment of this Act.
(d) Definitions.--For the purposes of subsection (a):
(1) Start of construction.--The term ``start of
construction'' means the beginning of fabrication of the hull
and superstructure of the ship.
(2) First ship.--The term ``first ship'' applies to a ship
if--
(A) the ship is the first ship to be constructed under that
shipbuilding program; or
(B) the shipyard at which the ship is to be constructed has
not previously started construction on a ship under that
shipbuilding program.
(3) Major shipbuilding program.--The term ``major
shipbuilding program'' means a program for the construction
of combatant and support vessels required for the naval
vessel force, as reported within the annual naval vessel
construction plan required by section 231 of title 10, United
States Code.
(4) Production readiness review.--The term ``production
readiness review'' means a formal examination of a program
prior to the start of construction to determine if the design
is ready for production, production engineering problems have
been resolved, and the producer has accomplished adequate
planning for the production phase.

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

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

Subtitle D--Air Force Programs

SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT.

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

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

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

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

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

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

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

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

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

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

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

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

(a) Maintenance of Primary, Backup, and Attrition Reserve
Inventory of Aircraft.--Subsection (a) of section 131 of the
John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2111) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(C) shall maintain in a common capability configuration a
primary aircraft inventory of not less than 63 such aircraft,
a backup aircraft inventory of not less than 11 such
aircraft, and an attrition reserve aircraft inventory of not
less than 2 such aircraft; and
``(D) shall not keep any such aircraft referred to in
subparagraph (C) in a status considered excess to the
requirements of the possessing command and awaiting
disposition instructions.''; and
(2) by adding at the end the following:
``(3) Definitions.--For purposes of paragraph (1):
``(A) The term `primary aircraft inventory' means aircraft
assigned to meet the primary aircraft authorization to--
``(i) a unit for the performance of its wartime mission;
``(ii) a training unit primarily for technical and
specialized training for crew personnel or leading to aircrew
qualification;
``(iii) a test unit for testing of the aircraft or its
components for purposes of research, development, test and
evaluation, operational test and evaluation, or to support
testing programs; or
``(iv) meet requirements for special missions not elsewhere
classified.

[[Page H88]]

``(B) The term `backup aircraft inventory' means aircraft
above the primary aircraft inventory to permit scheduled and
unscheduled depot level maintenance, modifications,
inspections, and repairs, and certain other mitigating
circumstances without reduction of aircraft available for the
assigned mission.
``(C) The term `attrition reserve aircraft inventory' means
aircraft required to replace anticipated losses of primary
aircraft inventory due to peacetime accidents or wartime
attrition.
``(4) Treatment of retired aircraft.--Of the aircraft
retired in accordance with paragraph (1)(A), the Secretary of
the Air Force may use not more than 2 such aircraft for
maintenance ground training.''.
(b) Notice of Retirement.--Subsection (b)(1) of such
section is amended by striking ``45 days'' and inserting ``60
days''.

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

Subtitle A--Authorization of Appropriations

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

Subtitle B--Program Requirements, Restrictions, and Limitations

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

Subtitle C--Ballistic Missile Defense

Subtitle D--Other Matters

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

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

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

Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

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

[[Page H89]]

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

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

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

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

SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM.

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

SEC. 216. ACTIVE PROTECTION SYSTEMS.

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

Subtitle C--Ballistic Missile Defense

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

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

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

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

[[Page H90]]

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

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

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

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

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

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

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

(a) General Limitation.--No funds authorized to be
appropriated by this Act may be obligated or expended for
procurement, site activation, construction, preparation of
equipment for, or deployment of a long-range missile defense
system in Europe until the following conditions have been
met:
(1) The governments of the countries in which major
components of such missile defense system (including
interceptors and associated radars) are proposed to be
deployed have each given final approval to any missile
defense agreements negotiated between such governments and
the United States Government concerning the proposed
deployment of such components in their countries.
(2) Forty-five days have elapsed following the receipt by
Congress of the report required under subsection (c)(6).
(b) Additional Limitation.--In addition to the limitation
in subsection (a), no funds authorized to be appropriated by
this Act may be obligated or expended for the acquisition or
deployment of operational missiles of a long-range missile
defense system in Europe until the Secretary of Defense,
after receiving the views of the Director of Operational Test
and Evaluation, submits to Congress a report certifying that
the proposed interceptor to be deployed as part of such
missile defense system has demonstrated, through successful,
operationally realistic flight testing, a high probability of
working in an operationally effective manner.
(c) Report on Independent Assessment for Ballistic Missile
Defense in Europe.--
(1) Independent assessment.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Defense shall select a federally funded research and
development center to conduct an independent assessment of
options for ballistic missile defense for forward deployed
forces of the United States and its allies in Europe and for
the United States homeland.
(2) Analysis of administration proposal.--The study shall
provide a full analysis of the Administration's proposal to
protect forward-deployed forces of the United States and its
allies in Europe, forward-deployed radars in Europe, and the
United States by deploying, in Europe, interceptors and
radars of the Ground-Based Midcourse Defense (GMD) system. In
providing the analysis, the study shall examine each of the
following matters:
(A) The threat to Europe and the United States of ballistic
missiles (including short-range, medium-range, intermediate-
range, and long-range ballistic missiles) from Iran,
including the likelihood and timing of such threats.
(B) The technical capabilities of the system, as so
deployed, to effectively protect forward-deployed forces of
the United States and its allies in Europe, forward-deployed
radars in Europe, and the United States against the threat
specified in subparagraph (A).
(C) The degree of coverage of the European territory of
members of the North Atlantic Treaty Organization.
(D) The political implications of such a deployment on the
United States, the North Atlantic Treaty Organization, and
other interested parties.
(E) Integration and interoperability with North Atlantic
Treaty Organization missile defenses.
(F) The operational issues associated with such a
deployment, including operational effectiveness.
(G) The force structure implications of such a deployment,
including a comparative analysis of alternative deployment
options.

[[Page H91]]

(H) The budgetary implications of such a deployment,
including possible allied cost sharing, and the cost-
effectiveness of such a deployment.
(I) Command and control arrangements, including any command
and control roles for the United States European Command and
the North Atlantic Treaty Organization.
(J) Potential opportunities for participation by the
Government of Russia.
(3) Analysis of alternatives.--The study shall also provide
a full analysis of alternative systems that could be deployed
to fulfill, in whole or in part, the protective purposes of
the Administration's proposal. The alternative systems shall
include a range of feasible combinations of other missile
defense systems that are available or are expected to be
available as of 2015 and 2020. These should include, but not
be limited to, the following:
(A) The Patriot PAC-3 system.
(B) The Medium Extended Air Defense System.
(C) The Aegis Ballistic Missile Defense system, with all
variants of the Standard Missile-3 interceptor.
(D) The Terminal High Altitude Area Defense (THAAD) system.
(E) Forward-Based X-band Transportable (FBX-T) radars.
(F) The Kinetic Energy Interceptor (KEI).
(G) Other non-United States, North Atlantic Treaty
Organization missile defense systems or components.
(4) Matters examined.--In providing the analysis, the study
shall examine, for each alternative system included, each of
the matters specified in paragraph (2).
(5) Cooperation of other agencies.--The Secretary of
Defense shall provide the federally funded research and
development center selected under paragraph (1) data,
analyses, briefings, and other information as the center
considers necessary to carry out the assessment described in
that paragraph. Furthermore, the Director of National
Intelligence and the heads of other departments and agencies
of the United States Government shall also provide the center
the appropriate data, analyses, briefings, and other
information necessary for the purpose of carrying out the
assessment described in that paragraph.
(6) Report.--Not later than 180 days after the date of the
enactment of this Act, the federally funded research and
development center shall submit to the congressional defense
committees and the Secretary of Defense a report on the
results of the study. The report shall be in unclassified
form, but may include a classified annex.
(7) Funding.--Of the amounts appropriated or otherwise made
available pursuant to the authorization of appropriations in
section 201(4), $1,000,000 is available to carry out the
study required by this subsection.
(d) Construction.--Nothing in this section shall be
construed to limit continuing obligation and expenditure of
funds for missile defense, including for research and
development and for other activities not otherwise limited by
subsection (a) or (b), including, but not limited to, site
surveys, studies, analysis, and planning and design for the
proposed missile defense deployment in Europe.

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

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

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

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

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

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

Subtitle D--Other Matters

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

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

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

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

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

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

[[Page H92]]

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Program Purposes.--Subsection (b) of section 246 of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2500; 10 U.S.C. 2358
note) is amended--
(1) in paragraph (2), by striking ``in nanoscale research
and development'' and inserting ``in the National
Nanotechnology Initiative and with the National
Nanotechnology Coordination Office under section 3 of the
21st Century Nanotechnology Research and Development Act (15
U.S.C. 7502)''; and
(2) in paragraph (3), by striking ``portfolio of
fundamental and applied nanoscience and engineering research
initiatives'' and inserting ``portfolio of nanotechnology
research and development initiatives''.
(b) Program Administration.--
(1) Administration through under secretary of defense for
acquisition, technology, and logistics.--Subsection (c) of
such section is amended--
(A) by striking ``the Director of Defense Research and
Engineering'' and inserting ``the Under Secretary of Defense
for Acquisition, Technology, and Logistics''; and
(B) by striking ``The Director'' and inserting ``The Under
Secretary''.
(2) Other administrative matters.--Such subsection is
further amended--
(A) in paragraph (2), by striking ``the Department's
increased investment in nanotechnology research and
development and the National Nanotechnology Initiative; and''
and inserting ``investments by the Department and other
departments and agencies participating in the National
Nanotechnology Initiative in nanotechnology research and
development;'';
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) oversee Department of Defense participation in
interagency coordination of the program with other
departments and agencies participating in the National
Nanotechnology Initiative.''.
(c) Program Activities.--Such section is further amended--
(1) by striking subsection (d); and
(2) by adding at the end the following new subsection (d):
``(d) Strategic Plan.--The Under Secretary shall develop
and maintain a strategic plan for defense nanotechnology
research and development that--
``(1) is integrated with the strategic plan for the
National Nanotechnology Initiative and the strategic plans of
the Director of Defense Research and Engineering, the
military departments, and the Defense Agencies; and
``(2) includes a clear strategy for transitioning the
research into products needed by the Department.''.
(d) Reports.--Such section is further amended by adding at
the end the following new subsection:
``(e) Reports.--
``(1) In general.--Not later than March 1 of each of 2009,
2011, and 2013, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report on the program.
``(2) Matters included.--Each report under paragraph (1)
shall include the following:
``(A) A review of--
``(i) the long-term challenges and specific technical goals
of the program; and
``(ii) the progress made toward meeting such challenges and
achieving such goals.
``(B) An assessment of current and proposed funding levels
for the program, including an assessment of the adequacy of
such funding levels to support program activities.
``(C) A review of the coordination of activities under the
program within the Department of Defense, with other
departments and agencies of the United States, and with the
National Nanotechnology Initiative.
``(D) A review and analysis of the findings and
recommendations relating to the Department of Defense of the
most recent triennial external review of the National
Nanotechnology Program under section 5 of the 21st Century
Nanotechnology Research and Development Act (15 U.S.C. 1704),
and a description of initiatives of the Department to
implement such recommendations.

[[Page H93]]

``(E) An assessment of technology transition from
nanotechnology research and development to enhanced
warfighting capabilities, including contributions from the
Department of Defense Small Business Innovative Research and
Small Business Technology Transfer Research programs, and the
Department of Defense Manufacturing Technology program, and
an identification of acquisition programs and deployed
defense systems that are incorporating nanotechnologies.
``(F) An assessment of global nanotechnology research and
development in areas of interest to the Department, including
an identification of the use of nanotechnologies in any
foreign defense systems.
``(G) An assessment of the defense nanotechnology
manufacturing and industrial base and its capability to meet
the near and far term requirements of the Department.
``(H) Such recommendations for additional activities under
the program to meet emerging national security requirements
as the Under Secretary considers appropriate.
``(3) Classification.--Each report under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.''.

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

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

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

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

SEC. 243. PROMPT GLOBAL STRIKE.

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

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Environmental Provisions

Subtitle C--Workplace and Depot Issues

Subtitle D--Extension of Program Authorities

Subtitle E--Reports

Subtitle F--Other Matters

[[Page H94]]

Sec. 374. Priority transportation on Department of Defense aircraft of
retired members residing in Commonwealths and possessions
of the United States for certain health care services.
Sec. 375. Recovery of missing military property.
Sec. 376. Retention of combat uniforms by members of the Armed Forces
deployed in support of contingency operations.
Sec. 377. Issue of serviceable material of the Navy other than to Armed
Forces.
Sec. 378. Reauthorization of Aviation Insurance Program.

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

Subtitle B--Environmental Provisions

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE
WELLFIELD SUPERFUND SITE, MOSES LAKE,
WASHINGTON.

(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b), the Secretary of Defense may, notwithstanding section
2215 of title 10, United States Code, transfer not more than
$91,588.51 to the Moses Lake Wellfield Superfund Site 10-6J
Special Account.
(2) Purpose of reimbursement.--The payment under paragraph
(1) is to reimburse the Environmental Protection Agency for
its costs incurred in overseeing a remedial investigation/
feasibility study performed by the Department of the Army
under the Defense Environmental Restoration Program at the
former Larson Air Force Base, Moses Lake Superfund Site,
Moses Lake, Washington.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is provided for in the interagency agreement
entered into by the Department of the Army and the
Environmental Protection Agency for the Moses Lake Wellfield
Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a)
shall be made using funds authorized to be appropriated by
section 301(16) for operation and maintenance for
Environmental Restoration, Defense-wide.
(c) Use of Funds.--The Environmental Protection Agency
shall use the amount transferred under subsection (a) to pay
costs incurred by the Agency at the Moses Lake Wellfield
Superfund Site.

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

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

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

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

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

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

[[Page H95]]

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

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

Subtitle C--Workplace and Depot Issues

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

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

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

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

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

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

[[Page H96]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page H97]]

(2) any other protest or civil action that relates to a
public-private competition initiated under Office of
Management and Budget Circular A-76, or to a decision to
convert a function performed by Federal employees to private
sector performance without a competition under Office of
Management and Budget Circular A-76, on or after the date of
the enactment of this Act.

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

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

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

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

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

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

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

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

(a) Reauthorization and Expansion.--Section 338 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 10 U.S.C. 5013 note) is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Demonstration Project Authorized.--In accordance with
section 4703 of title 5, United States Code, the Secretary of

[[Page H98]]

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

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

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

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

Subtitle D--Extension of Program Authorities

SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

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

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

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

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

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

Subtitle E--Reports

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

(a) Annual Reports on Equipment.--Section 10541(b) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(9) An assessment of the extent to which the National
Guard possesses the equipment required to perform the
responsibilities of the National Guard pursuant to sections
331, 332, 333, 12304(b), and 12406 of this title in response
to an emergency or major disaster (as such terms are defined
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)). Such assessment
shall--
``(A) identify any shortfall in equipment provided to the
National Guard by the Department of Defense throughout the
United States and the territories and possessions of the
United States that is likely to affect the ability of the
National Guard to perform such responsibilities;
``(B) evaluate the effect of any such shortfall on the
capacity of the National Guard to perform such
responsibilities in response to an emergency or major
disaster that occurs in the United States or a territory or
possession of the United States; and
``(C) identify the requirements and investment strategies
for equipment provided to the National Guard by the
Department of Defense that are necessary to plan for a
reduction or elimination of any such shortfall.''.
(b) Inclusion of Assessment of National Guard Readiness in
Quarterly Personnel and Unit Readiness Report.--Section 482
of such title is amended--
(1) in subsection (a), by striking ``and (e)'' and
inserting ``(e), and (f)'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Readiness of National Guard To Perform Civil Support
Missions.--(1) Each report shall also include an assessment
of the readiness of the National Guard to perform tasks
required to support the National Response Plan for support to
civil authorities.
``(2) Any information in an assessment under this
subsection that is relevant to the National Guard of a
particular State shall also be made available to the Governor
of that State.
``(3) The Secretary shall ensure that each State Governor
has an opportunity to provide to the Secretary an independent
evaluation of that State's National Guard, which

[[Page H99]]

the Secretary shall include with each assessment submitted
under this subsection.''.
(c) Effective Date.--
(1) Annual report on national guard and reserve component
equipment.--The amendment made by subsection (a) shall apply
with respect to reports submitted after the date of the
enactment of this Act.
(2) Quarterly reports on personnel and unit readiness.--The
amendment made by subsection (b) shall apply with respect to
the quarterly report required under section 482 of title 10,
United States Code, for the second quarter of fiscal year
2009 and each subsequent report required under that section.
(d) Report on Implementation.--
(1) In general.--As part of the budget justification
materials submitted to Congress in support of the budget of
the President for each of fiscal years 2009 and 2010 (as
submitted under section 1105 of title 31, United States
Code), the Secretary of Defense shall submit to the
congressional defense committees a report on actions taken by
the Secretary to implement the amendments made by this
section.
(2) Elements.--Each report required under paragraph (1)
shall include a description of the mechanisms to be utilized
by the Secretary for assessing the personnel, equipment, and
training readiness of the National Guard, including the
standards and measures that will be applied and mechanisms
for sharing information on such matters with the Governors of
the States.

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

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

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

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

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

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

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

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

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

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

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

[[Page H100]]

submits the fifth report required under that subsection.

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

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

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

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

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

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

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

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

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

(a) Report.--Not later than April 1, 2008, the Secretary of
the Air Force shall submit to the appropriate congressional
committees a report on the search and rescue capabilities of
the Air Force in the northwestern United States.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An assessment of the search and rescue capabilities
required to support Air Force operations and training.
(2) A description of the compliance of the Air Force with
the 1999 United States National Search and Rescue Plan
(referred to hereinafter in this section as the ``NSRP'') for
Washington, Oregon, Idaho, and Montana.
(3) An inventory and description of the search and rescue
assets of the Air Force that are available to meet the
requirements of the NSRP.
(4) A description of the use of such search and rescue
assets during the 3-year period preceding the date when the
report is submitted.
(5) The plans of the Air Force to meet current and future
search and rescue requirements in the northwestern United
States, including plans that take into consideration
requirements related to support for both Air Force operations
and training and compliance with the NSRP.
(6) An inventory of other search and rescue capabilities
equivalent to such capabilities provided by the Air Force
that may be provided by other Federal, State, or local
agencies in the northwestern United States.
(c) Use of Report for Purposes of Certification Regarding
Search and Rescue Capabilities.--Section 1085 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118

[[Page H101]]

Stat. 2065; 10 U.S.C. 113 note) is amended by striking
``unless the Secretary first certifies'' and inserting
``unless the Secretary, after reviewing the search and rescue
capabilities report prepared by the Secretary of the Air
Force under subsection (a), first certifies''.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, the Committee on
Energy and Natural Resources, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Homeland Security, the Committee on Energy and Commerce, the
Committee on Natural Resources, and the Committee on
Appropriations of the House of Representatives.

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

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

Subtitle F--Other Matters

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

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

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

``(a) Office and Director.--(1) There is an Office of
Corrosion Policy and Oversight within the Office of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics.
``(2) The Office shall be headed by a Director of Corrosion
Policy and Oversight, who shall be assigned to such position
by the Under Secretary from among civilian employees of the
Department of Defense with the qualifications described in
paragraph (3). The Director is responsible in the Department
of Defense to the Secretary of Defense (after the Under
Secretary of Defense for Acquisition, Technology, and
Logistics) for the prevention and mitigation of corrosion of
the military equipment and infrastructure of the Department
of Defense. The Director shall report directly to the Under
Secretary.
``(3) In order to qualify to be assigned to the position of
Director, an individual shall--
``(A) have management expertise in, and professional
experience with, corrosion project and policy implementation,
including an understanding of the effects of corrosion
policies on infrastructure; research, development, test, and
evaluation; and maintenance; and
``(B) have an understanding of Department of Defense budget
formulation and execution, policy formulation, and planning
and program requirements.
``(4) The Secretary of Defense shall designate the position
of Director as a critical acquisition position under section
1733(b)(1)(C) of this title.''.
(2) Conforming amendments.--Section 2228(b) of such title
is amended--
(A) in paragraph (1), by striking ``official or
organization designated under subsection (a)'' and inserting
``Director of Corrosion Policy and Oversight (in this section
referred to as the `Director')''; and
(B) in paragraphs (2), (3), (4), and (5), by striking
``designated official or organization'' and inserting
``Director''.
(b) Additional Authority for Director of Office.--Section
2228 of such title is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Additional Authorities for Director.--The Director is
authorized to--
``(1) develop, update, and coordinate corrosion training
with the Defense Acquisition University;
``(2) participate in the process within the Department of
Defense for the development of relevant directives and
instructions; and
``(3) interact directly with the corrosion prevention
industry, trade associations, other government corrosion
prevention agencies, academic research and educational
institutions, and scientific organizations engaged in
corrosion prevention, including the National Academy of
Sciences.''.
(c) Inclusion of Cooperative Research Agreements as Part of
Corrosion Reduction Strategy.--Subsection (d)(2)(D) of
section 2228 of such title, as redesignated by subsection
(b), is amended by inserting after ``operational strategies''
the following: ``, including through the establishment of
memoranda of agreement, joint funding agreements, public-
private partnerships, university research and education
centers, and other cooperative research agreements''.
(d) Report Requirement.--Section 2228 of such title is
further amended by inserting after subsection (d) (as
redesignated by subsection (b)) the following new subsection:
``(e) Report.--(1) For each budget for a fiscal year,
beginning with the budget for fiscal year 2009, the Secretary
of Defense shall submit, with the defense budget materials, a
report on the following:
``(A) Funding requirements for the long-term strategy
developed under subsection (d).
``(B) The return on investment that would be achieved by
implementing the strategy.
``(C) The funds requested in the budget compared to the
funding requirements.
``(D) An explanation if the funding requirements are not
fully funded in the budget.
``(2) Within 60 days after submission of the budget for a
fiscal year, the Comptroller General shall provide to the
congressional defense committees--
``(A) an analysis of the budget submission for corrosion
control and prevention by the Department of Defense; and
``(B) an analysis of the report required under paragraph
(1).''.
(e) Definitions.--Subsection (f) of section 2228 of such
title, as redesignated by subsection (b), is amended by
adding at the end the following new paragraphs:
``(4) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(5) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to Congress by
the Secretary of Defense in support of the budget for that
fiscal year.''.
(f) Clerical Amendment.--The table of sections at the
beginning of chapter 131 of such title is amended by striking
the item relating to section 2228 and inserting the following
new item:

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

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

(a) Provision of Support.--Section 2564 of title 10, United
States Code, is amended--
(1) in subsection (c), by adding at the end the following
new paragraphs:
``(4) A sporting event sanctioned by the United States
Olympic Committee through the Paralympic Military Program.
``(5) Any national or international paralympic sporting
event (other than a sporting event described in paragraphs
(1) through (4))--
``(A) that--
``(i) is held in the United States or any of its
territories or commonwealths;
``(ii) is governed by the International Paralympic
Committee; and
``(iii) is sanctioned by the United States Olympic
Committee;
``(B) for which participation exceeds 100 amateur athletes;
and

[[Page H102]]

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

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

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

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

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

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

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

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

SEC. 375. RECOVERY OF MISSING MILITARY PROPERTY.

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

``Sec. 2788. Property accountability: regulations

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

``Sec. 2789. Individual equipment: unauthorized disposition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

``(a) Authority To Lend.--The Secretary of the Navy may
lend, without expense to the United States, magazine rifles
and appendages that are not of the existing service models in
use at the time and that are not necessary for a proper
reserve supply, to any educational institution having a
uniformed corps of midshipmen of sufficient number for target
practice. The Secretary may also issue 40 rounds of ball
cartridges for each midshipman for each range at which target
practice is held, but not more than 120 rounds each year for
each midshipman participating in target practice.

[[Page H103]]

``(b) Responsibilities of Institutions.--The institutions
to which property is lent under subsection (a) shall--
``(1) use the property for target practice;
``(2) take proper care of the property; and
``(3) return the property when required.
``(c) Regulations.--The Secretary of the Navy shall
prescribe regulations to carry out this section, containing
such other requirements as he considers necessary to
safeguard the interests of the United States.

``Sec. 7913. Supplies: military instruction camps

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

``667. Issue of serviceable material other than to Armed Fo7911.''.....

SEC. 378. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM.

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

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Subtitle B--Reserve Forces

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

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

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

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

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

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

[[Page H104]]

50,000 13,297 7,584 2,713
55,000 14,218 7,973 2,897
60,000 15,140 8,361 3,080
65,000 16,061 8,750 3,264
70,000 16,983 9,138 3,447
75,000 17,903 9,527 3,631
80,000 18,825 9,915 3,814
85,000 19,746 10,304 3,997
90,000 20,668 10,692 4,181
95,000 21,589 11,081 4,364
100,000 22,511 11,469 4,548
110,000 24,354 12,246 4,915
120,000 26,197 13,023 5,281
130,000 28,040 13,800 5,648
170,000 35,412 16,908 7,116''.
------------------------------------------------------------------------

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

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

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

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

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

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

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

The minimum number of military technicians (dual status) as
of the last day of fiscal year 2008 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:

[[Page H105]]

(1) For the Army Reserve, 8,249.
(2) For the Army National Guard of the United States,
26,502.
(3) For the Air Force Reserve, 9,909.
(4) For the Air National Guard of the United States,
22,553.

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

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

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

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

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

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

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

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

Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

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

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Subtitle B--Reserve Component Management

Subtitle C--Education and Training

[[Page H106]]

Sec. 525. Repeal of post-2007-2008 academic year prohibition on phased
increase in cadet strength limit at the United States
Military Academy.
Sec. 526. National Defense University master's degree programs.
Sec. 527. Authority of the Air University to confer degree of master of
science in flight test engineering.
Sec. 528. Enhancement of education benefits for certain members of
reserve components.
Sec. 529. Extension of period of entitlement to educational assistance
for certain members of the Selected Reserve affected by
force shaping initiatives.
Sec. 530. Time limit for use of educational assistance benefit for
certain members of reserve components and resumption of
benefit.
Sec. 531. Secretary of Defense evaluation of the adequacy of the
degree-granting authorities of certain military
universities and educational institutions.
Sec. 532. Report on success of Army National Guard and Reserve Senior
Reserve Officers' Training Corps financial assistance
program.
Sec. 533. Report on utilization of tuition assistance by members of the
Armed Forces.
Sec. 534. Navy Junior Reserve Officers' Training Corps unit for
Southold, Mattituck, and Greenport High Schools.
Sec. 535. Report on transfer of administration of certain educational
assistance programs for members of the reserve
components.

Subtitle D--Military Justice and Legal Assistance Matters

Subtitle E--Military Leave

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

Subtitle F--Decorations and Awards

Subtitle G--Impact Aid and Defense Dependents Education System

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

Subtitle H--Military Families

Subtitle I--Other Matters

Subtitle A--Officer Personnel Policy

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

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

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

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

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

(a) Active-Duty List Officers.--
(1) Extended probationary period.--Paragraph (1)(A) of
section 630 of title 10, United States Code, is amended by
striking ``five years'' and inserting ``six years''.
(2) Section heading.--The heading of such section is
amended by striking ``five years'' and inserting ``six
years''.
(3) Table of sections.--The item relating to such section
in the table of sections at the

[[Page H107]]

beginning of subchapter III of chapter 36 of such title is
amended to read as follows:

``630. Discharge of commissioned officers with less than six years of
active commissioned service or found not qualified for
promotion for first lieutenant or lieutenant (junior
grade).''.

(b) Officer Force Shaping Authority.--Section 647(b)(1) of
such title is amended by striking ``5 years'' both places it
appears and inserting ``six years''.
(c) Reserve Officers.--
(1) Extended probationary period.--Subsection (a)(1) of
section 14503 of such title is amended by striking ``five
years'' and inserting ``six years''.
(2) Section heading.--The heading of such section is
amended by striking ``five years'' and inserting ``six
years''.
(3) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 1407 of
such title is amended to read as follows:

``14503. Discharge of officers with less than six years of commissioned
service or found not qualified for promotion to first
lieutenant or lieutenant (junior grade).''.

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

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

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

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

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

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

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

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

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

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

``Sec. 6970. Permanent professors: promotion

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

``6970. Permanent professors: promotion.
``6970a. Permanent professors: retirement for years of service;
authority for deferral.''.

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

Subtitle B--Reserve Component Management

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

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

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

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

[[Page H108]]

``(vi) Any health profession performed by officers in the
Veterinary Corps of the Army or by officers designated as a
veterinary officer.''.
(b) Conforming Amendment.--Paragraph (3) of such section is
amended by striking ``a medical or dental officer'' and
inserting ``officers covered by paragraph (2)''.

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

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

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

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

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

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

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

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

Subtitle C--Education and Training

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

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

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

Paragraph (3) of section 2107a(b) of title 10, United
States Code, is amended to read as follows:
``(3)(A) Subject to subparagraph (C), in the case of a
person described in subparagraph (B), the Secretary may, at
any time and with the consent of the person, modify an
agreement described in paragraph (1)(F) submitted by the
person for the purpose of reducing or eliminating the troop
program unit service obligation specified in the agreement
and to establish, in lieu of that obligation, an active duty
service obligation.

[[Page H109]]

``(B) Subparagraph (A) applies with respect to the
following persons:
``(i) A cadet under this section at a military junior
college.
``(ii) A cadet or former cadet under this section who is
selected under section 2114 of this title to be a medical
student at the Uniformed Services University of the Health
Sciences.
``(iii) A cadet or former cadet under this section who
signs an agreement under section 2122 of this title for
participation in the Armed Forces Health Professions
Scholarship and Financial Assistance program.
``(C) The modification of an agreement described in
paragraph (1)(F) may be made only if the Secretary determines
that it is in the best interests of the United States to do
so.''.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

``(a) The educational assistance allowance payable under
section 16131 of this title with respect to an eligible
person described in subsection (b) may, upon the election of
such eligible person, be paid on an accelerated basis in
accordance with this section.
``(b) An eligible person described in this subsection is a
person entitled to educational assistance under this chapter
who is--
``(1) enrolled in an approved program of education not
exceeding two years in duration and not leading to an
associate, bachelors, masters, or other degree, subject to
subsection (g); and
``(2) charged tuition and fees for the program of education
that, when divided by the number of months (and fractions
thereof) in the enrollment period, exceeds the amount equal
to 200 percent of the monthly rate of educational assistance
allowance otherwise payable with respect to the person under
section 16131 of this title.
``(c)(1) The amount of the accelerated payment of
educational assistance payable with respect to an eligible
person making an election under subsection (a) for a program
of education shall be the lesser of--
``(A) the amount equal to 60 percent of the established
charges for the program of education; or
``(B) the aggregate amount of educational assistance
allowance to which the person remains entitled under this
chapter at the time of the payment.
``(2)(A) In this subsection, except as provided in
subparagraph (B), the term `established charges', in the case
of a program of education, means the actual charges (as
determined pursuant to regulations prescribed

[[Page H110]]

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

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

(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2008, and shall only apply to
initial enrollments in approved programs of education after
such date.
(b) Accelerated Payment of Educational Assistance for
Reserve Component Members Supporting Contingency Operations
and Other Operations.--
(1) In general.--Chapter 1607 of title 10, United States
Code, is amended by inserting after section 16162 the
following new section:

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

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

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

(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2008, and shall only apply to
initial enrollments in approved programs of education after
such date.
(c) Enhancement of Educational Assistance for Reserve
Component Members Supporting Contingency Operations and Other
Operations.--
(1) Assistance for three years cumulative service.--
Subsection (c)(4)(C) of section 16162 of title 10, United
States Code, is

[[Page H111]]

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

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

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

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

(a) Modification of Time Limit for Use of Benefit.--
(1) Modification.--Section 16164(a) of title 10, United
States Code, is amended by striking ``this chapter while
serving--'' and all that follows and inserting ``this
chapter--
``(1) while the member is serving--
``(A) in the Selected Reserve of the Ready Reserve, in the
case of a member called or ordered to active service while
serving in the Selected Reserve; or
``(B) in the Ready Reserve, in the case of a member ordered
to active duty while serving in the Ready Reserve (other than
the Selected Reserve); and
``(2) in the case of a person who separates from the
Selected Reserve of the Ready Reserve after completion of a
period of active service described in section 16163 of this
title and completion of a service contract under other than
dishonorable conditions, during the 10-year period beginning
on the date on which the person separates from the Selected
Reserve.''.
(2) Conforming amendment.--Paragraph (2) of section
16165(a) of such title is amended to read as follows:
``(2) when the member separates from the Ready Reserve as
provided in section 16164(a)(1) of this title, or upon
completion of the period provided for in section 16164(a)(2)
of this title, as applicable.''.
(b) Reclaiming Benefit for Members Reentering Service.--
Section 16165(b) of such title is amended by striking ``of
not more than 90 days'' after ``who incurs a break in service
in the Selected Reserve''.
(c) Effective Date.--The amendments made by this section
shall take effect as of October 28, 2004, as if included in
the enactment of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375),
to which such amendments relate.

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

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

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

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

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

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

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

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

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

(a) Report Required.--Not later than September 1, 2008, the
Secretary of Defense, in cooperation with the Secretary of
Veterans Affairs, shall submit to the congressional defense
committees and the Committees on Veterans Affairs of the
Senate and House of Representatives a report on the
feasibility and merits of transferring the administration of
the educational assistance programs for members of the
reserve components contained in chapters 1606 and 1607 of
title 10, United States Code, from the Department of Defense
to the Department of Veterans Affairs.
(b) Elements of Report.--The report shall specifically
address the following:
(1) A discussion of the history and purpose of the
educational assistance benefits under chapters 1606 and 1607
of title 10, United States Code, and the data most recently
available, as of the date of the enactment of this Act,
relating to the cost of providing such benefits and the
projected costs of providing such benefits over the ten-year
period beginning on the such date.
(2) The effect of a transfer of administrative jurisdiction
on the delivery of educational assistance benefits to members
of the reserve components.
(3) The effect of a transfer of administrative jurisdiction
on Department of Defense

[[Page H112]]

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

Subtitle D--Military Justice and Legal Assistance Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) Strategic Plan to Link General and Flag Officer
Numbers, Assignments, and Development to the Missions and
Requirements of the Department of Defense.--
(1) Strategic plan required.--The Secretary of Defense
shall develop a strategic plan linking the missions and
requirements of the Department of Defense for general and
flag officers to the statutory limits on the numbers of
general and flag officers, and current assignment, promotion,
and joint officer development policies for general and flag
officers.
(2) Advice of chairman of joint chiefs of staff.--The
Secretary shall develop the strategic plan required under
paragraph (1) with the advice of the Chairman of the Joint
Chiefs of Staff.
(3) Matters to be included.--The strategic plan required
under paragraph (1) shall include the following:
(A) A description of the process for identification of the
present and emerging requirements for general and flag
officers and recommendations for meeting these requirements.
(B) Identification of the numbers of general and flag
officers by service, grade, and qualifications currently
available compared with the numbers needed to meet existing
statutory requirements in support of the overall missions of
the Department of Defense.
(C) An assessment of the problems or issues (and proposed
solutions for any such problems or issues) arising from
existing numerical limitations on the number and grade
distribution of active and reserve component general and flag
officers under sections 525, 526, and 12004 of title 10,
United States Code.
(D) A discussion of how wartime requirements for additional
general or flag officers have been addressed in support of
Operation Enduring Freedom and Operation Iraqi Freedom,
including the usage of wartime or national emergency
authorities.
(E) An assessment of any problems or issues (and proposed
solutions for any such problems or issues) arising from
existing statutory provisions regarding general and flag
officer assignments and grade requirements and the need, if
any, for revision of provisions in title 10, United States
Code, specific to individual general and flag officer
positions along with recommendations to mitigate the need for
routine legislative intervention as positions change to
support organizational demands.
(F) An assessment of the use currently being made of
reserve component flag and

[[Page H113]]

general officers and discussion of barriers to the
qualification, selection, and assignment of National Guard
and Reserve officers for the broadest possible range of
positions of importance and responsibility.
(4) Deadline for submission.--The Secretary shall submit
the plan required under paragraph (1) to the Committees on
Armed Services of the Senate and the House of Representatives
not later than March 1, 2009.

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

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

Subtitle E--Military Leave

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

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

SEC. 552. ENHANCEMENT OF REST AND RECUPERATION LEAVE.

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

Subtitle F--Decorations and Awards

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

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

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

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

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

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

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

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

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

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

Subtitle G--Impact Aid and Defense Dependents Education System

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

(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $30,000,000 shall be
available only for the purpose of providing assistance to
local educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to
Base Closures, Force Structure Changes, or Force
Relocations.--Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for
Defense-wide activities, $10,000,000 shall be available only
for the purpose of providing assistance to local educational
agencies under subsection (b) of such section 572.
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).

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

Of the amount authorized to be appropriated pursuant to
section 301(5) for operation and maintenance for Defense-wide
activities, $5,000,000 shall be available for payments under
section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).

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

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

[[Page H114]]

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

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

Subtitle H--Military Families

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

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

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

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

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

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

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

SEC. 582. YELLOW RIBBON REINTEGRATION PROGRAM.

(a) Establishment of Program.--The Secretary of Defense
shall establish a national combat veteran reintegration
program to provide National Guard and Reserve members and
their families with sufficient information, services,
referral, and proactive outreach opportunities throughout the
entire deployment cycle. This program shall be known as the
Yellow Ribbon Reintegration Program.
(b) Purpose of Program; Deployment Cycle.--The Yellow
Ribbon Reintegration Program shall consist of informational
events and activities for members of the reserve components
of the Armed Forces, their families, and community members to
facilitate access to services supporting their health and
well-being through the 4 phases of the deployment cycle:
(1) Pre-Deployment.
(2) Deployment.
(3) Demobilization.
(4) Post-Deployment-Reconstitution.
(c) Executive Agent.--The Secretary shall designate the
Under Secretary of Defense for Personnel and Readiness as the
Department of Defense executive agent for the Yellow Ribbon
Reintegration Program.
(d) Office for Reintegration Programs.--
(1) Establishment.--The Under Secretary of Defense for
Personnel and Readiness shall establish the Office for
Reintegration Programs within the Office of the Secretary of
Defense. The office shall administer all reintegration
programs in coordination with State National Guard
organizations. The office shall be responsible for
coordination with existing National Guard and Reserve family
and support programs. The Directors of the Army National
Guard and Air National Guard and the Chiefs of the Army
Reserve, Marine Corps Reserve, Navy Reserve, and Air Force
Reserve may appoint liaison officers to coordinate with the
permanent office staff. The office may also enter into
partnerships with other public entities, including the
Department of Health and Human Services, Substance Abuse and
the Mental Health Services Administration, for access to
necessary substance abuse and mental health treatment
services from local State-licensed service providers.
(2) Center for excellence in reintegration.--The Office for
Reintegration Programs shall establish a Center for
Excellence in Reintegration within the office. The Center
shall collect and analyze ``lessons learned'' and suggestions
from State National Guard and Reserve organizations with
existing or developing reintegration programs. The Center
shall also assist in developing training aids and briefing
materials and training representatives from State National
Guard and Reserve organizations.
(e) Advisory Board.--
(1) Appointment.--The Secretary of Defense shall appoint an
advisory board to analyze the Yellow Ribbon Reintegration
Program and report on areas of success and

[[Page H115]]

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

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

(a) Study Required.--The Secretary of Defense shall conduct
a study to determine the most effective means to enhance and
improve family support programs for families of deployed
members of the regular and reserve components of the Armed
Forces before, during, and after deployment. The study shall
also take into account the potential to utilize non-
governmental and local private sector entities and other
Federal agencies having expertise in health and well-being of
families, including family members who are children, infants,
or toddlers.
(b) Elements.--The study shall include at a minimum the
following:
(1) The assessment of the types of information on health
care and mental health benefits and services and other
community resources that should be made available to members
of the regular and reserve components and their families,
including--
(A) crisis services;
(B) marriage and family counseling; and
(C) financial counseling.
(2) An assessment of means to improve support to the
parents and caretakers of military dependent children in
order to mitigate any adverse effects of the deployment of
members on such children, including consideration of the
following:
(A) The need to develop materials for parents and other
caretakers of children to assist in responding to the effects
of such deployment on children, including extended and
multiple deployments and reunion (and the death or injury of
members during such deployment), and the role that parents
and caretakers can play in addressing or mitigating such
effects.
(B) The potential best practices that are identified which
build psychological and emotional resiliency in children in
coping with deployment.
(C) The potential to improve dissemination throughout the
Armed Forces of the most effective practices for outreach,
training, and building psychological and emotional resiliency
in children.
(D) The effectiveness of training materials for education,
mental health, health, and family support professionals who
provide services to parents and caretakers of military
dependent children.
(E) The requirement to develop programs and activities to
increase awareness throughout the military and civilian
communities of the effects of deployment of a military spouse
or guardians for such children and their families and to
increase collaboration within such communities to address and
mitigate such effects.
(F) The development of training for early child care and
education, mental health, health care, and family support
professionals to enhance the awareness of such professionals
of their role in assisting families in addressing and
mitigating the adverse implications of such deployment.

[[Page H116]]

(G) The conduct of research on best practices for building
psychological and emotional resiliency in such children in
coping with the deployment of such members.
(3) An assessment of the effectiveness of family-to-family
support programs--
(A) in providing peer support for families of deployed
members of the regular and reserve components;
(B) in identifying and preventing family problems in such
families;
(C) in reducing adverse outcomes for children of such
families, including poor academic performance, behavioral
problems, stress, and anxiety;
(D) in improving family readiness and post-deployment
transition for such families; and
(E) in utilizing spouses of members of the Armed Forces as
counselors for families of deployed members, in order to
assist such families in coping before, during, and after the
deployment, and the best practices for training spouses of
members of the Armed Forces to act as counselors for families
of deployed members.
(4) An assessment of the effectiveness of transition
assistance programs and policies for families of members
during post-deployment transition from a combat zone back to
civilian or military communities--
(A) in identifying signs and symptoms of mental health
conditions for both service members and their families; and
(B) in receiving information and resources available within
the local communities to ease transition.
(5) An assessment of the impact of multiple overseas
deployments of members on their families, particularly in the
case of members serving in Operation Iraqi Freedom and
Operation Enduring Freedom, including financial impacts and
emotional impacts.
(6) An assessment of the most effective timing of providing
information and support to the families of deployed members
before, during, and after deployment, including at least six
months after the date of return of deployed members.
(7) An assessment of the need for additional long-term
research on the effects of multiple wartime deployments on
families, including children, and critical areas of focus
that should be addressed by such research.
(c) Report on Results of Study.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report containing the results of the study conducted under
subsection (a).

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

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

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

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

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

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

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

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

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

(ii) by adding at the end the following:
``(f) Certification Related to Active Duty or Call to
Active Duty.--An employer may require that a request for
leave under section 102(a)(1)(E) be supported by a
certification issued at such time and in such

[[Page H117]]

manner as the Secretary may by regulation prescribe. If the
Secretary issues a regulation requiring such certification,
the employee shall provide, in a timely manner, a copy of
such certification to the employer.''.
(F) Failure to return.--Section 104(c) of such Act (29
U.S.C. 2614(c)) is amended--
(i) in paragraph (2)(B)(i), by inserting ``or under section
102(a)(3)'' before the semicolon; and
(ii) in paragraph (3)(A)--

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

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

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

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

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

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

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

(a) Assessment of Availability of Services.--The Secretary
of Defense shall conduct a comprehensive assessment of the
availability of Federal, State, and local education and
treatment services on and in the vicinity of a covered
military installation for children of members of the Armed
Forces who are diagnosed with autism. This assessment shall
include the following:
(1) The local availability of adequate educational services
for children with autism.
(2) The local availability of adequate medical services for
children with autism.
(3) The local availability of supplemental services for
children with autism.
(4) The ease of access of children with autism to adequate
educational services, such as the length of time on waiting
lists.
(b) Review of Best Practices.--In preparing the assessment
under subsection (a), the Secretary of Defense shall conduct
a review of best practices in the United States in the
provision of covered educational services and treatment
services for children with autism, including an assessment of
Federal and State education and treatment services for
children with autism in each State, with an emphasis on
locations where eligible members and eligible dependents
reside. The Secretary of Defense shall conduct the review in
coordination with the Secretary of Education.
(c) Personnel Management Requirements.--
(1) Limited stationing options.--The Secretary of the
military department concerned shall ensure that, whenever
practicable, eligible members are only assigned to military
installations that are identified in the report required by
subsection (g)(1).
(2) Stabilization policy.--The Secretary of the military
department concerned shall ensure that, whenever practicable,
the families of eligible members residing at a military
installation that is identified in such report are permitted
to remain at that installation for a period of not less than
4 years.
(d) Case Managers and Services.--
(1) Case managers.--The Secretary of the military
department concerned shall ensure that eligible members are
assigned case managers for both medical services and covered
educational services for eligible dependents, which shall be
required under the Exceptional Family Member Program pursuant
to the policy established by the Secretary.
(2) Individualized services plan.--The Secretary of the
military department concerned shall provide for the voluntary
development for eligible dependents of individualized autism
services plans for use by case managers, caregivers, and
families to ensure continuity of services throughout the
active military service of eligible members.
(3) Autism support centers.--The Secretary of the military
department concerned may establish local centers on military
installations for the purpose of providing and coordinating
autism services for eligible dependents.
(4) Partnerships and contracts.--The Secretary of the
military department concerned is encouraged to enter into
partnerships or contracts with other appropriate public and
private entities to carry out the responsibilities of this
section.
(e) Demonstration Projects.--
(1) Projects authorized.--The Secretary of Defense may
conduct 1 or more demonstration projects to evaluate improved
approaches to the provision of covered educational services
and treatment services to eligible dependents for the purpose
of evaluating strategies for integrated treatment and case
manager services, including early intervention and diagnosis,
medical care, parent involvement, special education services,
intensive behavioral intervention, and language,
communications, and other interventions considered
appropriate by the Secretary.
(2) Case managers and services plan.--Each demonstration
project shall include the assignment of case managers under
paragraph (1) of subsection (d) and utilize the services
plans prepared for eligible dependents under paragraph (2) of
such subsection.
(3) Supervisory level providers.--The Secretary of Defense
may utilize for purposes of the demonstration projects
personnel who are professionals with a level (as determined
by the Secretary) of post-secondary education that is
appropriate for the provision of safe and effective services
for autism and who are from an accredited educational
facility in the mental health, human development, social
work, or education field to act as supervisory level
providers of behavioral intervention services for autism. In
so acting, such personnel may be authorized--
(A) to develop and monitor intensive behavior intervention
plans for eligible dependents who are participating in the
demonstration projects; and
(B) to provide appropriate training in the provision of
approved services to participating eligible dependents.

[[Page H118]]

(4) Services under corporate services provider model.--In
carrying out the demonstration projects, the Secretary of
Defense may utilize a corporate services provider model.
Employees of a provider under such a model shall include
personnel who implement special educational and behavioral
intervention plans for eligible dependents that are
developed, reviewed, and maintained by supervisory level
providers approved by the Secretary. In authorizing such a
model, the Secretary shall establish--
(A) minimum education, training, and experience criteria
required to be met by employees who provide services to
eligible dependents;
(B) requirements for supervisory personnel and supervision,
including requirements for supervisor credentials and for the
frequency and intensity of supervision; and
(C) such other requirements as the Secretary considers
appropriate to ensure safety and the protection of the
eligible dependents who receive services from such employees
under the demonstration projects.
(5) Period.--If the Secretary of Defense determines to
conduct demonstration projects under this subsection, the
Secretary shall commence such demonstration projects not
later than 180 days after the date of the enactment of this
Act. The demonstration projects shall be conducted for not
less than 2 years.
(6) Evaluation.--The Secretary of Defense shall conduct an
evaluation of each demonstration project conducted under this
section. The evaluation shall include the following:
(A) An assessment of the extent to which the activities
under the demonstration project contributed to positive
outcomes for eligible dependents.
(B) An assessment of the extent to which the activities
under the demonstration project led to improvements in
services and continuity of care for eligible dependents.
(C) An assessment of the extent to which the activities
under the demonstration project improved military family
readiness and enhanced military retention.
(f) Relationship to Other Benefits.--Nothing in this
section precludes the eligibility of members of the Armed
Forces and their dependents for extended benefits under
section 1079 of title 10, United States Code.
(g) Reports.--
(1) Report identifying covered military installations.--As
a result of the assessment required by subsection (a), the
Secretary of Defense shall submit to the congressional
defense committees, not later than December 31, 2008, a
report identifying those covered military installations that
have covered educational services and facilities available
(on the installation or in the vicinity of the installation)
for eligible dependents that provide special education and
related services consistent with the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2) Reports on demonstration projects.--Not later than 30
months after the commencement of any demonstration project
under subsection (e), the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the demonstration
project. The report shall include a description of the
project, the results of the evaluation under subsection
(e)(6) with respect to the project, and a description of
plans for the further provision of services for eligible
dependents under the project.
(h) Covered Educational Services Plan.--After completing
the assessment required by subsection (a) and the report
required by subsection (g)(1), the Secretary of Defense shall
develop a plan that would ensure that all eligible dependents
are able to obtain covered educational services. In the event
that eligible members are assigned to military installations
that are not identified in the report required by subsection
(g)(1), the plan should ensure that such eligible dependents
are still able to obtain covered educational services,
including by the use of authority granted to the Secretary
under section 2164 of title 10, United States Code. The plan
shall also include any legislative actions that the Secretary
recommends to implement the plan and describe what funding or
funding mechanisms may be needed to ensure eligible
dependents obtain covered educational services. The Secretary
shall submit the plan to the congressional defense committees
not later than July 1, 2009.
(i) Definitions.--In this section:
(1) The term ``autism'' refers to the Autism Spectrum
Disorders, which are developmental disabilities that cause
substantial impairments in the areas of social interaction,
emotional regulation, communication, and the integration of
higher-order cognitive processes and are often characterized
by the presence of unusual behaviors and interests. The term
includes autistic disorder, pervasive developmental disorder
(not otherwise specified), and Asperger's syndrome.
(2) The term ``child'' has the meaning given that term in
section 1072 of title 10, United States Code.
(3) The term ``covered military installation'' means a
military installation at which at least 1,000 members of the
Armed Forces are assigned who are eligible for an assignment
accompanied by dependents.
(4) The term ``eligible member'' means a member of the
Armed Forces who--
(A) has a dependent child who is diagnosed with autism; and
(B) is enrolled in an Exceptional Family Member Program of
the Department of Defense.
(5) The term ``eligible dependent'' means a child of an
eligible member who is diagnosed with autism.
(6) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)), except
that the term includes publicly financed schools in
communities, Department of Defense domestic dependent
elementary and secondary schools, and schools of the defense
dependents' education system.
(7) The term ``covered educational services'' includes
behavioral intervention services for autism, such as Applied
Behavioral Analysis.

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

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

Subtitle I--Other Matters

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

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

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

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

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

(b) Repeal of Separate Service Authorities.--
(1) Repeal.--Sections 3634, 6223, and 8634 of such title
are repealed.

[[Page H119]]

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

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

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

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

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

SEC. 593. GIFT ACCEPTANCE AUTHORITY.

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

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

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

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

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

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

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

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

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

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

(a) Commemorative Program Authorized.--The Secretary of
Defense may conduct a program to commemorate the 50th
anniversary of the Vietnam War. In conducting the
commemorative program, the Secretary shall coordinate,
support, and facilitate other programs and activities of the
Federal Government, State and local governments, and other
persons and organizations in commemoration of the Vietnam
War.
(b) Schedule.--The Secretary of Defense shall determine the
schedule of major events and priority of efforts for the
commemorative program in order to ensure achievement of the
objectives specified in subsection (c).
(c) Commemorative Activities and Objectives.--The
commemorative program may include activities and ceremonies
to achieve the following objectives:
(1) To thank and honor veterans of the Vietnam War,
including personnel who were held as prisoners of war or
listed as missing in action, for their service and sacrifice
on behalf of the United States and to thank and honor the
families of these veterans.
(2) To highlight the service of the Armed Forces during the
Vietnam War and the contributions of Federal agencies and
governmental and non-governmental organizations that served
with, or in support of, the Armed Forces.
(3) To pay tribute to the contributions made on the home
front by the people of the United States during the Vietnam
War.
(4) To highlight the advances in technology, science, and
medicine related to military research conducted during the
Vietnam War.

[[Page H120]]

(5) To recognize the contributions and sacrifices made by
the allies of the United States during the Vietnam War.
(d) Names and Symbols.--The Secretary of Defense shall have
the sole and exclusive right to use the name ``The United
States of America Vietnam War Commemoration'', and such seal,
emblems, and badges incorporating such name as the Secretary
may lawfully adopt. Nothing in this section may be construed
to supersede rights that are established or vested before the
date of the enactment of this Act.
(e) Commemorative Fund.--
(1) Establishment and administration.--If the Secretary
establishes the commemorative program under subsection (a),
the Secretary the Treasury shall establish in the Treasury of
the United States an account to be known as the ``Department
of Defense Vietnam War Commemoration Fund'' (in this section
referred to as the ``Fund''). The Fund shall be administered
by the Secretary of Defense.
(2) Use of fund.--The Secretary shall use the assets of the
Fund only for the purpose of conducting the commemorative
program and shall prescribe such regulations regarding the
use of the Fund as the Secretary considers to be necessary.
(3) Deposits.--There shall be deposited into the Fund--
(A) amounts appropriated to the Fund;
(B) proceeds derived from the Secretary's use of the
exclusive rights described in subsection (d);
(C) donations made in support of the commemorative program
by private and corporate donors; and
(D) funds transferred to the Fund by the Secretary from
funds appropriated for fiscal year 2008 and subsequent years
for the Department of Defense.
(4) Availability.--Subject to subsection (g)(2), amounts
deposited under paragraph (3) shall constitute the assets of
the Fund and remain available until expended.
(5) Budget request.--The Secretary of Defense may establish
a separate budget line for the commemorative program. In the
budget justification materials submitted by the Secretary in
support of the budget of the President for any fiscal year
for which the Secretary establishes the separate budget line,
the Secretary shall--
(A) identify and explain any amounts expended for the
commemorative program in the fiscal year preceding the budget
request;
(B) identify and explain the amounts being requested to
support the commemorative program for the fiscal year of the
budget request; and
(C) present a summary of the fiscal status of the Fund.
(f) Acceptance of Voluntary Services.--
(1) Authority to accept services.--Notwithstanding section
1342 of title 31, United States Code, the Secretary of
Defense may accept from any person voluntary services to be
provided in furtherance of the commemorative program. The
Secretary of Defense shall prohibit the solicitation of any
voluntary services if the nature or circumstances of such
solicitation would compromise the integrity or the appearance
of integrity of any program of the Department of Defense or
of any individual involved in the program.
(2) Reimbursement of incidental expenses.--The Secretary
may provide for reimbursement of incidental expenses incurred
by a person providing voluntary services under this
subsection. The Secretary shall determine which expenses are
eligible for reimbursement under this paragraph.
(g) Final Report.--
(1) Report required.--Not later than 60 days after the end
of the commemorative program, if established by the Secretary
of Defense under subsection (a), the Secretary shall submit
to Congress a report containing an accounting of--
(A) all of the funds deposited into and expended from the
Fund;
(B) any other funds expended under this section; and
(C) any unobligated funds remaining in the Fund.
(2) Treatment of unobligated funds.--Unobligated amounts
remaining in the Fund as of the end of the commemorative
period specified in subsection (b) shall be held in the Fund
until transferred by law.
(h) Limitation on Expenditures.--Total expenditures from
the Fund, using amounts appropriated to the Department of
Defense, may not exceed $5,000,000 for fiscal year 2008 or
for any subsequent fiscal year to carry out the commemorative
program.
(i) Funding.--Of the amount authorized to be appropriated
pursuant to section 301(5) for Defense-wide activities,
$1,000,000 shall be available for deposit in the Fund for
fiscal year 2008 if the Fund is established under subsection
(e).

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

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

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Subtitle B--Bonuses and Special and Incentive Pays

Subtitle C--Travel and Transportation Allowances

Subtitle D--Retired Pay and Survivor Benefits

[[Page H121]]

Sec. 643. Recoupment of annuity amounts previously paid, but subject to
offset for dependency and indemnity compensation.
Sec. 644. Special survivor indemnity allowance for persons affected by
required Survivor Benefit Plan annuity offset for
dependency and indemnity compensation.
Sec. 645. Modification of authority of members of the Armed Forces to
designate recipients for payment of death gratuity.
Sec. 646. Clarification of application of retired pay multiplier
percentage to members of the uniformed services with over
30 years of service.
Sec. 647. Commencement of receipt of non-regular service retired pay by
members of the Ready Reserve on active Federal status or
active duty for significant periods.
Sec. 648. Computation of years of service for purposes of retired pay
for non-regular service.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits

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

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

Subtitle G--Other Matters

Subtitle A--Pay and Allowances

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

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

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

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

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

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

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

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

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

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

Subtitle B--Bonuses and Special and Incentive Pays

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

(a) Retroactive Effective Date for Payment Authorities.--
The amendments made by sections 611, 612, 613, and 614 shall
take effect as of December 31, 2007.
(b) Ratification of Existing Contingent Agreements.--In the
case of a provision of title 10 or 37, United States Code,
amended by section 611, 612, 613, or 614 under which an
individual must enter into an agreement with the Secretary
concerned for receipt of a bonus, special pay, or similar
benefit, the Secretary concerned may treat any agreement
entered into under such a provision during the period
beginning on January 1, 2008, and ending on the date of the
enactment of this Act as having taken effect as of the date
on which the agreement was signed by the individual.
(c) Temporary Additional Agreement Authority.--
(1) Authority.--In the case of a provision of title 10 or
37, United States Code, amended by section 611, 612, 613, or
614 under which an individual must enter into an agreement
with the Secretary concerned for receipt of a bonus, special
pay, or similar benefit, the Secretary concerned, during the
120-day period beginning on the date of the enactment of this
Act, may treat any agreement entered into under such a
provision by an individual described in paragraph (2) as
having been signed by the individual during the period
beginning on January 1, 2008, and ending on the date of the
enactment of this Act.
(2) Covered individuals.--An individual referred to in
paragraph (1) is an individual who would have met all of the
qualifications for a bonus, special pay, or similar benefit
under a provision of title 10 or 37, United States Code,
amended by section 611, 612, 613, or 614 at any time during
the period beginning on January 1, 2008, and ending on the
date of the enactment of this Act, but for the

[[Page H122]]

fact that the statutory authority for the bonus, special pay,
or similar benefit lapsed on December 31, 2007.
(d) Tax Treatment.--The payment of a bonus, special pay, or
similar benefit under a provision of title 10 or 37, United
States Code, amended by section 611, 612, 613, or 614 to an
individual who would have been entitled to the tax treatment
accorded by section 112 of the Internal Revenue Code of 1986
on the date on which the member would have otherwise earned
the bonus, special pay, or similar benefit, but for the fact
that the statutory authority for the bonus, special pay, or
similar benefit lapsed on December 31, 2007, shall be treated
as covered by such section 112.
(e) Retroactive Implementation of Army Referral Bonus.--The
Secretary of the Army may pay a bonus under section 3252 of
title 10, United States Code, as added by section 671(a)(1),
to an individual referred to in subsection (a)(2) of such
section 3252 who made a referral, as described in subsection
(b) of such section 3252, to an Army recruiter during the
period beginning on January 1, 2008, and ending on the date
of the enactment of this Act.
(f) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101(5) of title 37, United States Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Minimum Term of Reenlistment or Enlistment Extension.--
Subsection (a)(2) of

[[Page H123]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Subtitle C--Travel and Transportation Allowances

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

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

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

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

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

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

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

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

[[Page H124]]

addition to the person referred to in paragraph (1)(E).''.

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

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

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

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

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

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

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

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

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

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

Subtitle D--Retired Pay and Survivor Benefits

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

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

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

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

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

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

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

Section 1450 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(m) Special Survivor Indemnity Allowance.--
``(1) Provision of allowance.--The Secretary concerned
shall pay a monthly special survivor indemnity allowance
under this subsection to the surviving spouse or former
spouse of a member of the uniformed services to whom section
1448 of this title applies if--
``(A) the surviving spouse or former spouse is entitled to
dependency and indemnity compensation under section 1311(a)
of title 38;
``(B) except for subsection (c) of this section, the
surviving spouse or former spouse is eligible for an annuity
by reason of a participant in the Plan under section
1448(a)(1) of this title; and
``(C) the eligibility of the surviving spouse or former
spouse for an annuity as described in subparagraph (B) is
affected by subsection (c) of this section.
``(2) Amount of payment.--Subject to paragraph (3), the
amount of the allowance paid to an eligible survivor under
paragraph (1) for a month shall be equal to--

[[Page H125]]

``(A) for months during fiscal year 2009, $50;
``(B) for months during fiscal year 2010, $60;
``(C) for months during fiscal year 2011, $70;
``(D) for months during fiscal year 2012, $80;
``(E) for months during fiscal year 2013, $90; and
``(F) for months after fiscal year 2013, $100.
``(3) Limitation.--The amount of the allowance paid to an
eligible survivor under paragraph (1) for any month may not
exceed the amount of the annuity for that month that is
subject to offset under subsection (c).
``(4) Status of payments.--An allowance paid under this
subsection does not constitute an annuity, and amounts so
paid are not subject to adjustment under any other provision
of law.
``(5) Source of funds.--The special survivor indemnity
allowance shall be paid from amounts in the Department of
Defense Military Retirement Fund established under section
1461 of this title.
``(6) Effective date and duration.--This subsection shall
only apply with respect to the month beginning on October 1,
2008, and subsequent months through the month ending on
February 28, 2016. Effective on March 1, 2016, the authority
provided by this subsection shall terminate. No special
survivor indemnity allowance may be paid to any person by
reason of this subsection for any period before October 1,
2008, or beginning on or after March 1, 2016.''.

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

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

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

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

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

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

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

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

[[Page H126]]

Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits

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

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

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

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

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

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

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

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

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

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

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

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

``Sec. 332. General bonus authority for officers

``(a) Authority To Provide Bonus.--The Secretary concerned
may pay a bonus under this section to a person, including an
officer in the uniformed services, who--
``(1) accepts a commission or appointment as an officer in
a uniformed service;
``(2) affiliates with a reserve component of a uniformed
service;
``(3) agrees to remain on active duty or to serve in an
active status for a specific period as an officer in a
uniformed service;
``(4) transfers from a regular component of a uniformed
service to a reserve component of that same uniformed service
or from a reserve component of a uniformed service to the
regular component of that same uniformed service; or
``(5) transfers from a regular component or reserve
component of a uniformed service to a regular component or
reserve component of another uniformed service, subject to
the approval of the Secretary with jurisdiction over the
uniformed service to which the member is transferring.
``(b) Service Eligibility.--A bonus authorized by
subsection (a) may be paid to a person or officer only if the
person or officer agrees under subsection (d)--
``(1) to serve for a specified period in a designated
career field, skill, unit, or grade; or
``(2) to meet some other condition or conditions of service
imposed by the Secretary concerned.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall
determine the amount of a bonus to be paid under this
section, except that--
``(A) a bonus paid under paragraph (1) of subsection (a)
may not exceed $60,000 for a minimum three-year period of
obligated service agreed to under subsection (d);
``(B) a bonus paid under paragraph (2) of subsection (a)
may not exceed $12,000 for a minimum three-year period of
obligated service agreed to under subsection (d);
``(C) a bonus paid under paragraph (3) of subsection (a)
may not exceed $50,000 for each year of obligated service in
a regular component agreed to under subsection (d);
``(D) a bonus paid under paragraph (3) of subsection (a)
may not exceed $12,000 for each year of obligated service in
a reserve component agreed to under subsection (d); and
``(E) a bonus paid under paragraph (4) or (5) of subsection
(a) may not exceed $10,000.
``(2) Lump sum or installments.--A bonus under this section
may be paid in a lump sum or in periodic installments, as
determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required by
subsection (d), the total amount of the bonus to be paid
under the agreement shall be fixed.
``(d) Written Agreement.--To receive a bonus under this
section, a person or officer determined to be eligible for
the bonus shall enter into a written agreement with the
Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under subsection
(c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Relationship to Other Pay and Allowances.--The bonus
paid to a person or officer under this section is in addition
to any other pay and allowance to which the person or officer
is entitled.
``(f) Repayment.--A person or officer who receives a bonus
under this section and who

[[Page H127]]

fails to complete the period of service, or meet the
conditions of service, for which the bonus is paid, as
specified in the written agreement under subsection (d),
shall be subject to the repayment provisions of section 373
of this title.
``(g) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.

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

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

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

``(a) Aviation Incentive Pay.--The Secretary concerned may
pay aviation incentive pay under this section to an officer
in a regular or reserve component of a uniformed service
who--
``(1) is entitled to basic pay under section 204 of this
title or compensation under section 206 of this title;
``(2) maintains, or is in training leading to, an
aeronautical rating or designation that qualifies the officer
to engage in operational flying duty or proficiency flying
duty;
``(3) engages in, or is in training leading to, frequent
and regular performance of operational flying duty or
proficiency flying duty;
``(4) engages in or remains in aviation service for a
specified period; and
``(5) meets such other criteria as the Secretary concerned
determines appropriate.
``(b) Aviation Bonus.--The Secretary concerned may pay an
aviation bonus under this section to an officer in a regular
or reserve component of a uniformed service who--
``(1) is entitled to aviation incentive pay under
subsection (a);
``(2) has completed any active duty service commitment
incurred for undergraduate aviator training or is within one
year of completing such commitment;
``(3) executes a written agreement to remain on active duty
in a regular component or to serve in an active status in a
reserve component in aviation service for at least one year;
and
``(4) meets such other criteria as the Secretary concerned
determines appropriate.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned shall
determine the amount of a bonus or incentive pay to be paid
under this section, except that--
``(A) aviation incentive pay under subsection (a) shall be
paid at a monthly rate, not to exceed $850 per month; and
``(B) an aviation bonus under subsection (b) may not exceed
$25,000 for each 12-month period of obligated service agreed
to under subsection (d).
``(2) Lump sum or installments.--A bonus under this section
may be paid in a lump sum or in periodic installments, as
determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required by
subsection (d), the total amount of the bonus to be paid
under the agreement shall be fixed.
``(d) Written Agreement for Bonus.--To receive an aviation
officer bonus under this section, an officer determined to be
eligible for the bonus shall enter into a written agreement
with the Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under subsection
(c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Reserve Component Officers Performing Inactive Duty
Training.--A reserve component officer who is entitled to
compensation under section 206 of this title and who is
authorized aviation incentive pay under this section may be
paid an amount of incentive pay that is proportionate to the
compensation received under section 206 for inactive-duty
training.
``(f) Relationship to Other Pay and Allowances.--
``(1) Aviation incentive pay.--Aviation incentive pay paid
to an officer under subsection (a) shall be in addition to
any other pay and allowance to which the officer is entitled,
except that an officer may not receive a payment under such
subsection and section 351 or 353 of this title for the same
skill and period of service.
``(2) Aviation bonus.--An aviation bonus paid to an officer
under subsection (b) shall be in addition to any other pay
and allowance to which the officer is entitled, except that
an officer may not receive a payment under such subsection
and section 332 or 353 of this title for the same skill and
period of service.
``(g) Repayment.--An officer who receives aviation
incentive pay or an aviation bonus under this section and who
fails to fulfill the eligibility requirements for the receipt
of the incentive pay or bonus or complete the period of
service for which the incentive pay or bonus is paid, as
specified in the written agreement under subsection (d) in
the case of a bonus, shall be subject to the repayment
provisions of section 373 of this title.
``(h) Definitions.--In this section:
``(1) The term `aviation service' means service performed
by an officer in a regular or reserve component (except a
flight surgeon or other medical officer) while holding an
aeronautical rating or designation or while in training to
receive an aeronautical rating or designation.
``(2) The term `operational flying duty' means flying
performed under competent orders by rated or designated
regular or reserve component officers while serving in
assignments in which basic flying skills normally are
maintained in the performance of assigned duties as
determined by the Secretary concerned, and flying performed
by members in training that leads to the award of an
aeronautical rating or designation.

[[Page H128]]

``(3) The term `proficiency flying duty' means flying
performed under competent orders by rated or designated
regular or reserve component officers while serving in
assignments in which such skills would normally not be
maintained in the performance of assigned duties.
``(4) The term `officer' includes an individual enlisted
and designated as an aviation cadet under section 6911 of
title 10.
``(i) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.

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

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

``Sec. 351. Hazardous duty pay

``(a) Hazardous Duty Pay.--The Secretary concerned may pay
hazardous duty pay under this section to a member of a
regular or reserve component of the uniformed services
entitled to basic pay under section 204 of this title or
compensation under section 206 of this title who--
``(1) performs duty in a hostile fire area designated by
the Secretary concerned, is exposed to a hostile fire event,
explosion of a hostile explosive device, or any other hostile
action, or is on duty during a month in an area in which a
hostile event occurred which placed the member in grave
danger of physical injury;
``(2) performs duty designated by the Secretary concerned
as hazardous duty based upon the inherent dangers of that
duty and risks of physical injury; or
``(3) performs duty in a foreign area designated by the
Secretary concerned as an area in which the member is subject
to imminent danger of physical injury due to threat
conditions.
``(b) Maximum Amount.--The amount of hazardous duty pay
paid to a member under subsection (a) shall be based on the
type of duty and the area in which the duty is performed, as
follows:
``(1) In the case of a member who performs duty in a
designated hostile fire area, as described in subsection
(a)(1), hazardous duty pay may not exceed $450 per month.
``(2) In the case of a member who performs a designated
hazardous duty, as described in subsection (a)(2), hazardous
duty pay may not exceed $250 per month.
``(3) In the case of a member who performs duty in a
foreign area designated as an imminent danger area, as
described in subsection (a)(3), hazardous duty pay may not
exceed $250 per month.
``(c) Method of Payment.--Hazardous duty pay shall be paid
on a monthly basis. A member who is eligible for hazardous
duty pay by reason of subsection (a) shall receive the full
monthly rate of hazardous duty pay authorized by the
Secretary concerned under such paragraph, notwithstanding
subsection (d).
``(d) Reserve Component Members Performing Inactive Duty
Training.--A member of a reserve component entitled to
compensation under section 206 of this title who is
authorized hazardous duty pay under this section may be paid
an amount of hazardous

[[Page H129]]

duty pay that is proportionate to the compensation received
by the member under section 206 of this title for inactive-
duty training.
``(e) Administration and Retroactive Payments.--The
effective date for the designation of a hostile fire area, as
described in paragraph (1) of subsection (a), and for the
designation of a foreign area as an imminent danger area, as
described in paragraph (3) of such subsection, may be a date
that occurs before, on, or after the actual date of the
designation by the Secretary concerned.
``(f) Determination of Fact.--Any determination of fact
that is made in administering subsection (a) is conclusive.
The determination may not be reviewed by any other officer or
agency of the United States unless there has been fraud or
gross negligence. However, the Secretary concerned may change
the determination on the basis of new evidence or for other
good cause. The regulations prescribed to administer this
section shall define the activities that are considered
hazardous for purposes of subsection (a)(2).
``(g) Relationship to Other Pay and Allowances.--
``(1) In addition to other pay and allowances.--A member
may be paid hazardous duty pay under this section in addition
to any other pay and allowances to which the member is
entitled. The regulations prescribed to administer this
section shall address dual compensation under this section
for multiple circumstances involving performance of a
designated hazardous duty, as described in paragraph (2) of
subsection (a), or for duty in certain designated areas, as
described in paragraph (1) or (3) of such subsection, that is
performed by a member during a single month of service.
``(2) Limitation.--A member may not receive hazardous duty
pay under this section for a month for more than three
qualifying instances described in subsection (a)(2).
``(h) Prohibition on Variable Rates.--The regulations
prescribed to administer this section may not include varied
criteria or rates for payment of hazardous duty for officers
and enlisted members.
``(i) Termination of Authority.--No hazardous duty pay
under this section may be paid after December 31, 2009.

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

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

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

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

[[Page H130]]

eligibility requirement for receipt of the pay or bonus shall
be subject to the repayment provisions of section 373 of this
title.
``(h) Relationship to Other Pays and Allowances.--A member
may not be paid more than one pay under this section in any
month for the same period of service and skill. A member may
be paid skill incentive pay or the proficiency bonus under
this section in addition to any other pay and allowances to
which the member is entitled, except that a member may not be
paid skill incentive pay or a proficiency bonus under this
section and hazardous duty pay under section 351 of this
title for the same period of service in the same career field
or skill.
``(i) Termination of Authority.--No agreement may be
entered into under this section after December 31, 2009.

``SUBCHAPTER III--GENERAL PROVISIONS

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

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

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

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

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

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

``Sec. 374. Regulations

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

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

``Sec.
``301. Incentive pay: hazardous duty.
``301a. Incentive pay: aviation career.
``301b. Special pay: aviation career officers extending period of
active duty.
``301c. Incentive pay: submarine duty.
``301d. Multiyear retention bonus: medical officers of the armed
forces.
``301e. Multiyear retention bonus: dental officers of the armed forces.
``302. Special pay: medical officers of the armed forces.
``302a. Special pay: optometrists.
``302b. Special pay: dental officers of the armed forces.
``302c. Special pay: psychologists and nonphysician health care
providers.
``302d. Special pay: accession bonus for registered nurses.
``302e. Special pay: nurse anesthetists.
``302f. Special pay: reserve, recalled, or retained health care
officers.
``302g. Special pay: Selected Reserve health care professionals in
critically short wartime specialties.
``302h. Special pay: accession bonus for dental officers.
``302i. Special pay: pharmacy officers.
``302j. Special pay: accession bonus for pharmacy officers.
``302k. Special pay: accession bonus for medical officers in critically
short wartime specialties.
``302l. Special pay: accession bonus for dental specialist officers in
critically short wartime specialties.
``303. Special pay: veterinarians.
``303a. Special pay: general provisions.
``303b. Waiver of board certification requirements.
``304. Special pay: diving duty.
``305. Special pay: hardship duty pay.
``305a. Special pay: career sea pay.
``305b. Special pay: service as member of Weapons of Mass Destruction
Civil Support Team.
``306. Special pay: officers holding positions of unusual
responsibility and of critical nature.
``306a. Special pay: members assigned to international military
headquarters.
``307. Special pay: special duty assignment pay for enlisted members.
``307a. Special pay: assignment incentive pay.
``308. Special pay: reenlistment bonus.
``308b. Special pay: reenlistment bonus for members of the Selected
Reserve.

[[Page H131]]

``308c. Special pay: bonus for affiliation or enlistment in the
Selected Reserve.
``308d. Special pay: members of the Selected Reserve assigned to
certain high priority units.
``308g. Special pay: bonus for enlistment in elements of the Ready
Reserve other than the Selected Reserve.
``308h. Special pay: bonus for reenlistment, enlistment, or voluntary
extension of enlistment in elements of the Ready Reserve
other than the Selected Reserve.
``308i. Special pay: prior service enlistment bonus.
``308j. Special pay: affiliation bonus for officers in the Selected
Reserve.
``309. Special pay: enlistment bonus.
``310. Special pay: duty subject to hostile fire or imminent danger.
``312. Special pay: nuclear-qualified officers extending period of
active duty.
``312b. Special pay: nuclear career accession bonus.
``312c. Special pay: nuclear career annual incentive bonus.
``314. Special pay or bonus: qualified members extending duty at
designated locations overseas.
``315. Special pay: engineering and scientific career continuation pay.
``316. Special pay: bonus for members with foreign language
proficiency.
``317. Special pay: officers in critical acquisition positions
extending period of active duty.
``318. Special pay: special warfare officers extending period of active
duty.
``319. Special pay: surface warfare officer continuation pay.
``320. Incentive pay: career enlisted flyers.
``321. Special pay: judge advocate continuation pay.
``324. Special pay: accession bonus for new officers in critical
skills.
``325. Incentive bonus: savings plan for education expenses and other
contingencies.
``326. Incentive bonus: conversion to military occupational specialty
to ease personnel shortage.
``327. Incentive bonus: transfer between armed forces.
``328. Combat-related injury rehabilitation pay.
``329. Incentive bonus: retired members and reserve component members
volunteering for high-demand, low-density assignments.
``330. Special pay: accession bonus for officer candidates.

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

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

``subchapter iii--general provisions

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

SEC. 662. TRANSITIONAL PROVISIONS.

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

Subtitle G--Other Matters

SEC. 671. REFERRAL BONUS AUTHORITIES.

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

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

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

[[Page H132]]

amended by inserting after the item relating to section 3251
the following new item:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Spouses.--Section 319 of the Immigration and
Nationality Act (8 U.S.C. 1430) is amended by adding at the
end the following new subsection:
``(e)(1) In the case of a person lawfully admitted for
permanent residence in the United States who is the spouse of
a member of the Armed Forces of the United States, is
authorized to accompany such member and reside abroad with
the member pursuant to the member's official orders, and is
so accompanying and residing with the member in marital
union, such residence and physical presence abroad shall be
treated, for purposes of subsection (a) and section 316(a),
as residence and physical presence in--
``(A) the United States; and
``(B) any State or district of the Department of Homeland
Security in the United States.
``(2) Notwithstanding any other provision of law, a spouse
described in paragraph (1) shall be eligible for
naturalization proceedings overseas pursuant to section
1701(d)

[[Page H133]]

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

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

(a) Modification.--Section 667(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-170)
is amended by adding at the end the following new paragraph:
``(3) The amount determined for a person under paragraph
(1) shall be increased to reflect increases in cost of living
since the basic pay referred to in paragraph (1)(B) was paid
to or for that person, calculated on the basis of the
Consumer Price Index (all items--United States city average)
published monthly by the Bureau of Labor Statistics.''.
(b) Recalculation of Previous Payments.--In the case of any
payment of back pay made to or for a person under section 667
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 before the date of the enactment of this
Act, the Secretary of the Navy shall--
(1) recalculate the amount of back pay to which the person
is entitled by reason of the amendment made by subsection
(a); and
(2) if the amount of back pay, as so recalculated, exceeds
the amount of back pay so paid, pay the person, or the
surviving spouse of the person, an amount equal to the
excess.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Military Health Benefits

Subtitle B--Studies and Reports

Subtitle C--Other Matters

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

Subtitle A--Improvements to Military Health Benefits

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

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

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

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

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

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

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

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

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

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

[[Page H134]]

(3) by adding at the end the following new subparagraph:
``(D) in the case of a person described in subsection
(b)(4), the date that is 36 months after the date on which
the person loses entitlement to health care services as
described in that subsection.''.

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

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

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

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

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

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

Subtitle B--Studies and Reports

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

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

[[Page H135]]

discounts on cost-sharing as a result of using TRICARE
network providers.
(2) The term ``TRICARE Prime'' means the managed care
option of the TRICARE program.
(3) The term ``TRICARE Prime service area'' means a
geographic area designated by the Department of Defense in
which managed care support contractors develop a managed care
network under TRICARE Prime.
(4) The term ``TRICARE Standard'' means the option of the
TRICARE program that is also known as the Civilian Health and
Medical Program of the Uniformed Services, as defined in
section 1072(4) of title 10, United States Code.
(5) The term ``TRICARE Reserve Select'' means the option of
the TRICARE program that allows members of the Selected
Reserve to enroll in TRICARE Standard, pursuant to section
1076d of title 10, United States Code.
(6) The term ``member of the Selected Reserve'' means a
member of the Selected Reserve of the Ready Reserve of a
reserve component of the Armed Forces.
(7) The term ``United States'' means the United States (as
defined in section 101(a) of title 10, United States Code),
its possessions (as defined in such section), and the
Commonwealth of Puerto Rico.

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

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

SEC. 713. REPORT ON PATIENT SATISFACTION SURVEYS.

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

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

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

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

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

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

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

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

(a) Regulations.--The Secretary of Defense shall prescribe
regulations to establish criteria that licensed or certified
mental health counselors shall meet in order to be able to
independently provide care to TRICARE beneficiaries and
receive payment under the TRICARE program for such services.
The criteria shall include requirements for education level,
licensure, certification, and clinical experience as
considered appropriate by the Secretary.
(b) Study Required.--The Secretary of Defense shall enter
into a contract with the Institute of Medicine of the
National Academy of Sciences, or another similarly qualified
independent academic medical organization, for the purpose
of--
(1) conducting an independent study of the credentials,
preparation, and training of individuals practicing as
licensed mental health counselors; and
(2) making recommendations for permitting licensed mental
health counselors to practice independently under the TRICARE
program.
(c) Elements of Study.--
(1) Educational requirements.--The study required by
subsection (b) shall provide for an assessment of the
educational requirements and curricula relevant to mental

[[Page H136]]

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

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

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

Subtitle C--Other Matters

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

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

SEC. 722. ESTABLISHMENT OF JOINT PATHOLOGY CENTER.

(a) Findings.--Congress makes the following findings:
(1) The Secretary of Defense proposed to disestablish all
elements of the Armed Forces Institute of Pathology, except
the National Medical Museum and the Tissue Repository, as
part of the recommendations of the Secretary for the closure
of Walter Reed Army Medical Center in the 2005 round of
defense base closure and realignment.
(2) The Defense Base Closure and Realignment Commission
altered, but did not reject, the proposal of the Secretary of
Defense to disestablish the Armed Forces Institute of
Pathology.
(3) The Commission's recommendation that the Armed Forces
Institute of Pathology's ``capabilities not specified in this
recommendation will be absorbed into other DOD, Federal, or
civilian facilities'' provides the flexibility to retain a
Joint Pathology Center as a Department of Defense or Federal
entity.
(b) Sense of Congress.--It is the sense of Congress that
the Armed Forces Institute of Pathology has provided
important medical benefits to the Armed Forces and to the
United States and that the Federal Government should retain a
Joint Pathology Center.
(c) Establishment.--
(1) Establishment required.--The President shall establish
and maintain a Joint Pathology Center that shall function as
the reference center in pathology for the Federal Government.

[[Page H137]]

(2) Establishment within dod.--Except as provided in
paragraph (3), the Joint Pathology Center shall be
established in the Department of Defense, consistent with the
final recommendations of the 2005 Defense Base Closure and
Realignment Commission, as approved by the President.
(3) Establishment in another department.--If the President
makes a determination, within 180 days after the date of the
enactment of this Act, that the Joint Pathology Center cannot
be established in the Department of Defense, the Joint
Pathology Center shall be established as an element of a
Federal agency other than the Department of Defense. The
President shall incorporate the selection of such agency into
the determination made under this paragraph.
(d) Services.--The Joint Pathology Center shall provide, at
a minimum, the following:
(1) Diagnostic pathology consultation services in medicine,
dentistry, and veterinary sciences.
(2) Pathology education, to include graduate medical
education, including residency and fellowship programs, and
continuing medical education.
(3) Diagnostic pathology research.
(4) Maintenance and continued modernization of the Tissue
Repository and, as appropriate, utilization of the Repository
in conducting the activities described in paragraphs (1)
through (3).

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

Sec. 800. Short title.

Subtitle A--Acquisition Policy and Management

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

Subtitle D--Accountability in Contracting

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

Subtitle E--Acquisition Workforce Provisions

Subtitle F--Contracts in Iraq and Afghanistan

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

Subtitle G--Defense Materiel Readiness Board

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

Subtitle H--Other Matters

SEC. 800. SHORT TITLE.

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

Subtitle A--Acquisition Policy and Management

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

(a) Inspectors General Reviews and Determinations.--
(1) In general.--For each covered non-defense agency, the
Inspector General of the Department of Defense and the
Inspector General of such covered non-defense agency shall,
not later than the date specified in paragraph (2), jointly--
(A) review--
(i) the procurement policies, procedures, and internal
controls of such covered non-defense agency that are
applicable to the procurement of property and services on
behalf of the Department by such covered non-defense agency;
and

[[Page H138]]

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

SEC. 802. LEAD SYSTEMS INTEGRATORS.

(a) Prohibitions on the Use of Lead Systems Integrators.--
(1) Prohibition on new lead systems integrators.--Effective
October 1, 2010, the Department of Defense may not award a
new contract for lead systems integrator functions in the
acquisition of a major system to any entity that was not
performing lead systems integrator functions in the
acquisition

[[Page H139]]

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

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

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

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

(a) Prohibition.--Subsection (a) of section 2533b of title
10, United States Code, is amended--
(1) by striking ``Except as provided in subsections (b)
through (j), funds appropriated or otherwise available to the
Department of Defense may not be used for the procurement
of--'' and inserting ``Except as provided in subsections (b)
through (m), the acquisition by the Department of Defense of
the following items is prohibited:'';
(2) in paragraph (1)--
(A) by striking ``the following'' and inserting ``The
following''; and
(B) by striking ``; or'' and inserting a period; and
(3) in paragraph (2), by striking ``a speciality'' and
inserting ``A specialty''.
(b) Applicability to Acquisition of Commercial Items.--
Subsection (h) of such section is amended to read as follows:
``(h) Applicability to Acquisitions of Commercial Items.--
(1) Except as provided in paragraphs (2) and (3), this
section applies to acquisitions of commercial items,
notwithstanding sections 34 and 35 of the Office of Federal
Procurement Policy Act (41 U.S.C. 430 and 431).
``(2) This section does not apply to contracts or
subcontracts for the acquisition of commercially available
off-the-shelf items, as defined in section 35(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 431(c)),
other than--
``(A) contracts or subcontracts for the acquisition of
specialty metals, including mill products, such as bar,
billet, slab, wire, plate and sheet, that have not been
incorporated into end items, subsystems, assemblies, or
components;
``(B) contracts or subcontracts for the acquisition of
forgings or castings of specialty metals, unless such
forgings or castings are incorporated into commercially
available off-the-shelf end items, subsystems, or assemblies;
``(C) contracts or subcontracts for commercially available
high performance magnets unless such high performance magnets
are incorporated into commercially available off-the-shelf-
end items or subsystems; and
``(D) contracts or subcontracts for commercially available
off-the-shelf fasteners, unless such fasteners are--
``(i) incorporated into commercially available off-the-
shelf end items, subsystems, assemblies, or components; or
``(ii) purchased as provided in paragraph (3).
``(3) This section does not apply to fasteners that are
commercial items that are purchased under a contract or
subcontract with a manufacturer of such fasteners, if the
manufacturer has certified that it will purchase, during the
relevant calendar year, an amount of domestically melted
specialty metal, in the required form, for use in the
production of such fasteners for sale to the Department of
Defense and other customers, that is not less than 50 percent
of the total amount of the specialty metal that it will
purchase to carry out the production of such fasteners.''.
(c) Electronic Components.--Subsection (g) of such section
is amended by striking ``commercially available'' and all
that follows through the end of the subsection and inserting
``electronic components, unless the Secretary of Defense,
upon the recommendation of the Strategic Materials Protection
Board pursuant to section 187 of this title, determines that
the domestic availability of a particular electronic
component is critical to national security.''.
(d) Additional Exceptions.--Section 2533b of title 10,
United States Code, as amended by subsections (a), (b), and
(c), is further amended--
(1) by redesignating subsections (i) and (j) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (h) the following new
subsections:
``(i) Exceptions for Purchases of Specialty Metals Below
Minimum Threshold.--(1) Notwithstanding subsection (a), the
Secretary of Defense or the Secretary of a military
department may accept delivery of an item containing
specialty metals that were not melted in the United States if
the total amount of noncompliant specialty metals in the item
does not exceed 2 percent of the total weight of specialty
metals in the item.
``(2) This subsection does not apply to high performance
magnets.
``(j) Streamlined Compliance for Commercial Derivative
Military Articles.--(1) Subsection (a) shall not apply to an
item acquired under a prime contract if the Secretary of
Defense or the Secretary of a military department determines
that--
``(A) the item is a commercial derivative military article;
and

[[Page H140]]

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

SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES.

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

[[Page H141]]

hour contracts for non-commercial item acquisitions for the
acquisition of any category of services.

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

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

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

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

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

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

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

(a) Guidance and Instructions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall issue guidance, with detailed implementation
instructions, for the Department of Defense to ensure the
implementation and enforcement of requirements applicable to
undefinitized contractual actions.
(b) Elements.--The guidance and instructions issued
pursuant to subsection (a) shall address, at a minimum--
(1) the circumstances in which it is, and is not,
appropriate for Department of Defense officials to use
undefinitized contractual actions;
(2) approval requirements (including thresholds) for the
use of undefinitized contractual actions;

[[Page H142]]

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

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

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

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

SEC. 812. CHANGES TO MILESTONE B CERTIFICATIONS.

Section 2366a of title 10, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Certification.--A major defense acquisition program
may not receive Milestone B approval, or Key Decision Point B
approval in the case of a space program, until the milestone
decision authority--
``(1) has received a business case analysis and certifies
on the basis of the analysis that--
``(A) the program is affordable when considering the
ability of the Department of Defense to accomplish the
program's mission using alternative systems;
``(B) the program is affordable when considering the per
unit cost and the total acquisition cost in the context of
the total resources available during the period covered by
the future-years defense program submitted during the fiscal
year in which the certification is made;
``(C) reasonable cost and schedule estimates have been
developed to execute the product development and production
plan under the program; and
``(D) funding is available to execute the product
development and production plan under the program, through
the period covered by the future-years defense program
submitted during the fiscal year in which the certification
is made, consistent with the estimates described in
subparagraph (C) for the program; and
``(2) further certifies that--
``(A) appropriate market research has been conducted prior
to technology development to reduce duplication of existing
technology and products;
``(B) the Department of Defense has completed an analysis
of alternatives with respect to the program;
``(C) the Joint Requirements Oversight Council has
accomplished its duties with respect to the program pursuant
to section 181(b) of this title, including an analysis of the
operational requirements for the program;
``(D) the technology in the program has been demonstrated
in a relevant environment;
``(E) the program demonstrates a high likelihood of
accomplishing its intended mission; and
``(F) the program complies with all relevant policies,
regulations, and directives of the Department of Defense.'';

[[Page H143]]

(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Changes to Certification.--(1) The program manager
for a major defense acquisition program that has received
certification under subsection (a) shall immediately notify
the milestone decision authority of any changes to the
program that--
``(A) alter the substantive basis for the certification of
the milestone decision authority relating to any component of
such certification specified in paragraph (1) or (2) of
subsection (a); or
``(B) otherwise cause the program to deviate significantly
from the material provided to the milestone decision
authority in support of such certification.
``(2) Upon receipt of information under paragraph (1), the
milestone decision authority may withdraw the certification
concerned or rescind Milestone B approval (or Key Decision
Point B approval in the case of a space program) if the
milestone decision authority determines that such
certification or approval is no longer valid.'';
(4) in subsection (c), as redesignated by paragraph (1)--
(A) by inserting ``(1)'' before ``The certification''; and
(B) by adding at the end the following new paragraph (2):
``(2) A summary of any information provided to the
milestone decision authority pursuant to subsection (b) and a
description of the actions taken as a result of such
information shall be submitted with the first Selected
Acquisition Report submitted under section 2432 of this title
after receipt of such information by the milestone decision
authority.'';
(5) in subsection (d), as so redesignated--
(A) by striking ``authority may waive'' and inserting the
following: ``authority may, at the time of Milestone B
approval (or Key Decision Point B approval in the case of a
space program) or at the time that such milestone decision
authority withdraws a certification or rescinds Milestone B
approval (or Key Decision Point B approval in the case of a
space program) pursuant to subsection (b)(2), waive''; and
(B) by striking ``paragraph (1), (2), (3), (4), (5), (6),
(7), (8), or (9)'' and inserting ``paragraph (1) or (2)'';
and
(6) in subsection (e), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (d)''.

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

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

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

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

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

(a) Treatment of Subsystems, Components, and Spare Parts as
Commercial Items.--
(1) In general.--Section 2379 of title 10, United States
Code, is amended--
(A) in subsection (a)--
(i) by redesignating paragraph (2) as paragraph (3);
(ii) in paragraph (1)(B), by striking ``and'' at the end;
and
(iii) by inserting after paragraph (1), the following:
``(2) the offeror has submitted sufficient information to
evaluate, through price analysis, the reasonableness of the
price for such system; and'';
(B) by striking subsection (b) and inserting the following
new subsection (b):
``(b) Treatment of Subsystems as Commercial Items.--A
subsystem of a major weapon system (other than a commercially
available off-the-shelf item as defined in section 35(c) of
the Office of Federal Procurement Policy Act (41 U.S.C.
431(c))) shall be treated as a commercial item and purchased
under procedures established for the procurement of
commercial items only if--
``(1) the subsystem is intended for a major weapon system
that is being purchased, or has been purchased, under
procedures established for the procurement of commercial
items in accordance with the requirements of subsection (a);
or
``(2) the contracting officer determines in writing that--
``(A) the subsystem is a commercial item, as defined in
section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)); and
``(B) the offeror has submitted sufficient information to
evaluate, through price analysis, the reasonableness of the
price for such subsystem.'';
(C) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(D) by inserting after subsection (b) the following new
subsections (c) and (d):
``(c) Treatment of Components and Spare Parts as Commercial
Items.--(1) A component or spare part for a major weapon
system (other than a commercially available off-the-shelf
item as defined in section 35(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 431(c))) may be treated as
a commercial item for the purposes of section 2306a of this
title only if--
``(A) the component or spare part is intended for--
``(i) a major weapon system that is being purchased, or has
been purchased, under procedures established for the
procurement of commercial items in accordance with the
requirements of subsection (a); or
``(ii) a subsystem of a major weapon system that is being
purchased, or has been purchased, under procedures
established for the procurement of commercial items in
accordance with the requirements of subsection (b); or
``(B) the contracting officer determines in writing that--
``(i) the component or spare part is a commercial item, as
defined in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)); and
``(ii) the offeror has submitted sufficient information to
evaluate, through price analysis, the reasonableness of the
price for such component or spare part.
``(2) This subsection shall apply only to components and
spare parts that are acquired by the Department of Defense
through a prime contract or a modification to a prime
contract (or through a subcontract under a prime contract or
modification to a prime contract on which the prime
contractor adds no, or negligible, value).
``(d) Information Submitted.--To the extent necessary to
make a determination under subsection (a)(2), (b)(2), or
(c)(1)(B), the contracting officer may request the offeror to
submit--
``(1) prices paid for the same or similar commercial items
under comparable terms and conditions by both government and
commercial customers; and
``(2) if the contracting officer determines that the
information described in paragraph

[[Page H144]]

(1) is not sufficient to determine the reasonableness of
price, other relevant information regarding the basis for
price or cost, including information on labor costs, material
costs, and overhead rates.''.
(2) Conforming amendment to technical data provision.--
Section 2321(f)(2) of such title is amended by striking
``(whether or not under a contract for commercial items)''
and inserting ``(other than technical data for a commercially
available off-the-shelf item as defined in section 35(c) of
the Office of Federal Procurement Policy Act (41 U.S.C.
431(c)))''.
(b) Sales of Commercial Items to Nongovernmental
Entities.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall modify
the regulations of the Department of Defense on the
procurement of commercial items in order to clarify that the
terms ``general public'' and ``nongovernmental entities'' in
such regulations do not include the Federal Government or a
State, local, or foreign government.

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page H145]]

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

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

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

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

SEC. 826. MARKET RESEARCH.

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

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

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

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

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

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

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

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

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

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

[[Page H146]]

greater degree than the United States discriminates against
defense items produced in that country.
(e) National Technology and Industrial Base Defined.--In
this section, the term ``national technology and industrial
base'' has the meaning given that term in section 2500 of
title 10, United States Code.
(f) Sunset.--The authority under subsection (a) shall
expire on the date that is five years after the date of the
enactment of this Act.

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

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

Subtitle D--Accountability in Contracting

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

(a) Establishment.--There is hereby established a
commission to be known as the ``Commission on Wartime
Contracting'' (in this section referred to as the
``Commission'').
(b) Membership Matters.--
(1) Membership.--The Commission shall be composed of 8
members, as follows:
(A) 2 members shall be appointed by the majority leader of
the Senate, in consultation with the Chairmen of the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Foreign Relations of the Senate.
(B) 2 members shall be appointed by the Speaker of the
House of Representatives, in consultation with the Chairmen
of the Committee on Armed Services, the Committee on
Oversight and Government Reform, and the Committee on Foreign
Affairs of the House of Representatives.
(C) 1 member shall be appointed by the minority leader of
the Senate, in consultation with the Ranking Minority Members
of the Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Foreign Relations of the Senate.
(D) 1 member shall be appointed by the minority leader of
the House of Representatives, in consultation with the
Ranking Minority Member of the Committee on Armed Services,
the Committee on Oversight and Government Reform, and the
Committee on Foreign Affairs of the House of Representatives.
(E) 2 members shall be appointed by the President, in
consultation with the Secretary of Defense and the Secretary
of State.
(2) Deadline for appointments.--All appointments to the
Commission shall be made not later than 120 days after the
date of the enactment of this Act.
(3) Co-chairmen.--The Commission shall have two co-
chairmen, including--
(A) a co-chairman who shall be a member of the Commission
jointly designated by the Speaker of the House of
Representatives and the majority leader of the Senate; and
(B) a co-chairman who shall be a member of the Commission
jointly designated by the minority leader of the House of
Representatives and the minority leader of the Senate.
(4) Vacancy.--In the event of a vacancy in a seat on the
Commission, the individual appointed to fill the vacant seat
shall be--
(A) appointed by the same officer (or the officer's
successor) who made the appointment to the seat when the
Commission was first established; and
(B) if the officer in subparagraph (A) is of a party other
than the party of the officer who made the appointment to the
seat when the Commission was first established, chosen in
consultation with the senior officers in the Senate and the
House of Representatives of the party which is the party of
the officer who made the appointment to the seat when the
Commission was first established.
(c) Duties.--
(1) General duties.--The Commission shall study the
following matters:
(A) Federal agency contracting for the reconstruction of
Iraq and Afghanistan.
(B) Federal agency contracting for the logistical support
of coalition forces operating in Iraq and Afghanistan.
(C) Federal agency contracting for the performance of
security functions in Iraq and Afghanistan.
(2) Scope of contracting covered.--The Federal agency
contracting covered by this subsection includes contracts
entered into both in the United States and abroad for the
performance of activities described in paragraph (1).
(3) Particular duties.--In carrying out the study under
this subsection, the Commission shall assess--
(A) the extent of the reliance of the Federal Government on
contractors to perform functions (including security
functions) in Iraq and Afghanistan and the impact of this
reliance on the achievement of the objectives of the United
States;
(B) the performance exhibited by Federal contractors for
the contracts under review pursuant to paragraph (1), and the
mechanisms used to evaluate contractor performance;
(C) the extent of waste, fraud, and abuse under such
contracts;
(D) the extent to which those responsible for such waste,
fraud, and abuse have been held financially or legally
accountable;
(E) the appropriateness of the organizational structure,
policies, practices, and resources of the Department of
Defense and the Department of State for handling program
management and contracting for the programs and contracts
under review pursuant to paragraph (1);
(F) the extent to which contractors under such contracts
have engaged in the misuse of force or have used force in a
manner inconsistent with the objectives of the operational
field commander; and
(G) the extent of potential violations of the laws of war,
Federal law, or other applicable legal standards by
contractors under such contracts.
(d) Reports.--
(1) Interim report.--On March 1, 2009, the Commission shall
submit to Congress an interim report on the study carried out
under subsection (c), including the results and findings of
the study as of that date.
(2) Other reports.--The Commission may from time to time
submit to Congress such other reports on the study carried
out under subsection (c) as the Commission considers
appropriate.
(3) Final report.--Not later than two years after the date
of the appointment of all of the members of the Commission
under subsection (b), the Commission shall submit to Congress
a final report on the study carried out under subsection (c).
The report shall--
(A) include the findings of the Commission;
(B) identify lessons learned relating to contingency
program management and contingency contracting covered by the
study; and
(C) include specific recommendations for improvements to be
made in--
(i) the process for defining requirements and developing
statements of work for contracts in contingency contracting;
(ii) the process for awarding contracts and task or
delivery orders in contingency contracting;
(iii) the process for contingency program management;
(iv) the process for identifying, addressing, and providing
accountability for waste, fraud, and abuse in contingency
contracting;
(v) the process for determining which functions are
inherently governmental and which functions are appropriate
for performance by contractors in a contingency operation
(including during combat operations), especially whether
providing security in an area of combat operations is
inherently governmental;
(vi) the organizational structure, resources, policies, and
practices of the Department of Defense and the Department of
State for performing contingency program management; and
(vii) the process by which roles and responsibilities with
respect to management and oversight of contracts in
contingency contracting are distributed among the various
departments and agencies of the Federal Government, and
interagency coordination and communication mechanisms
associated with contingency contracting.
(e) Other Powers and Authorities.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any portion thereof, may, for
the purpose of carrying out this section--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths (provided that the quorum for a hearing
shall be three members of the Commission); and
(B) provide for the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents;
as the Commission, or such portion thereof, may determine
advisable.
(2) Inability to obtain documents or testimony.--In the
event the Commission is unable to obtain testimony or
documents needed to conduct its work, the Commission shall
notify the committees of Congress of jurisdiction and
appropriate investigative authorities.
(3) Access to information.--The Commission may secure
directly from the Department of Defense and any other
department or agency of the Federal Government any
information or assistance that the Commission considers
necessary to enable the Commission to carry out the
requirements of this section. Upon request of the Commission,
the head of such department or agency shall furnish such
information expeditiously to the Commission. Whenever
information or assistance requested by the Commission is
unreasonably refused or not provided, the Commission shall
report the circumstances to Congress without delay.
(4) Personnel.--The Commission shall have the authorities
provided in section 3161 of title 5, United States Code, and
shall be subject to the conditions set forth in such section,
except to the extent that such conditions would be
inconsistent with the requirements of this section.

[[Page H147]]

(5) Detailees.--Any employee of the Federal Government may
be detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(6) Security clearances.--The appropriate departments or
agencies of the Federal Government shall cooperate with the
Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the
extent possible pursuant to existing procedures and
requirements, except that no person shall be provided with
access to classified information under this section without
the appropriate security clearances.
(7) Violations of law.--
(A) Referral to attorney general.--The Commission may refer
to the Attorney General any violation or potential violation
of law identified by the Commission in carrying out its
duties under this section.
(B) Reports on results of referral.--The Attorney General
shall submit to Congress a report on each prosecution,
conviction, resolution, or other disposition that results
from a referral made under this subparagraph.
(f) Termination.--The Commission shall terminate on the
date that is 60 days after the date of the submittal of its
final report under subsection (d)(3).
(g) Definitions.--In this section:
(1) Contingency contracting.--The term ``contingency
contracting'' means all stages of the process of acquiring
property or services during a contingency operation.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning given that term in section 101 of
title 10, United States Code.
(3) Contingency program management.--The term ``contingency
program management'' means the process of planning,
organizing, staffing, controlling, and leading the combined
efforts of participating personnel for the management of a
specific acquisition program or programs during contingency
operations.

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

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

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

(a) Defense Contracts.--
(1) Limitation on single award contracts.--Section 2304a(d)
of title 10, United States Code, is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) No task or delivery order contract in an amount
estimated to exceed $100,000,000 (including all options) may
be awarded to a single source unless the head of the agency
determines in writing that--
``(i) the task or delivery orders expected under the
contract are so integrally related that only a single source
can reasonably perform the work;
``(ii) the contract provides only for firm, fixed price
task orders or delivery orders for--
``(I) products for which unit prices are established in the
contract; or
``(II) services for which prices are established in the
contract for the specific tasks to be performed;
``(iii) only one source is qualified and capable of
performing the work at a reasonable price to the government;
or
``(iv) because of exceptional circumstances, it is
necessary in the public interest to award the contract to a
single source.
``(B) The head of the agency shall notify Congress within
30 days after any determination under subparagraph
(A)(iv).''.
(2) Enhanced competition for orders in excess of
$5,000,000.--Section 2304c of such title is amended--
(A) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Enhanced Competition for Orders in Excess of
$5,000,000.--In the case of a task or delivery order in
excess of $5,000,000, the requirement to provide all
contractors a fair opportunity to be considered under
subsection (b) is not met unless all such contractors are
provided, at a minimum--
``(1) a notice of the task or delivery order that includes
a clear statement of the agency's requirements;
``(2) a reasonable period of time to provide a proposal in
response to the notice;
``(3) disclosure of the significant factors and subfactors,
including cost or price, that the agency expects to consider
in evaluating

[[Page H148]]

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

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

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

SEC. 845. DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT FINDINGS.

(a) Required Annex on Significant Audit Findings.--
(1) In general.--Each Inspector General appointed under the
Inspector General Act of 1978 shall submit, as part of the
semiannual report submitted to Congress pursuant to section 5
of such Act, an annex on final, completed contract audit
reports issued to the contracting activity containing
significant audit findings issued during the period covered
by the semiannual report concerned.
(2) Elements.--Such annex shall include--
(A) a list of such contract audit reports;
(B) for each audit report, a brief description of the
nature of the significant audit findings in the report; and
(C) for each audit report, the specific amounts of costs
identified as unsupported, questioned, or disallowed.
(3) Information exempt from public disclosure.--(A) Nothing
in this subsection shall be construed to require the release
of information to the public that is exempt from public
disclosure under section 552(b) of title 5, United States
Code.
(B) For each element required by paragraph (2), the
Inspector General concerned shall note each instance where
information has been redacted in accordance with the
requirements of section 552(b) of title 5, United States
Code, and submit an unredacted annex to the committees listed
in subsection (d)(2) within 7 days after the issuance of the
semiannual report.
(b) Defense Contract Audit Agency Included.--For purposes
of subsection (a), audits of the Defense Contract Audit
Agency shall be included in the annex provided by the
Inspector General of the Department of Defense if they
include significant audit findings.
(c) Exception.--Subsection (a) shall not apply to an
Inspector General if no audits described in such subsection
were issued during the covered period.
(d) Submission of Individual Audits.--
(1) Requirement.--The head of each Federal department or
agency shall provide, within 14 days after a request in
writing by

[[Page H149]]

the chairman or ranking member of any committee listed in
paragraph (2), a full and unredacted copy of any audit
described in subsection (a). Such copy shall include an
identification of information in the audit exempt from public
disclosure under section 552(b) of title 5, United States
Code.
(2) Committees.--The committees listed in this paragraph
are the following:
(A) The Committee on Oversight and Government Reform of the
House of Representatives.
(B) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(C) The Committees on Appropriations of the House of
Representatives and the Senate.
(D) With respect to the Department of Defense and the
Department of Energy, the Committees on Armed Services of the
Senate and House of Representatives.
(E) The Committees of primary jurisdiction over the agency
or department to which the request is made.
(e) Classified Information.--Nothing in this section shall
be interpreted to require the handling of classified
information or information relating to intelligence sources
and methods in a manner inconsistent with any law,
regulation, executive order, or rule of the House of
Representatives or of the Senate relating to the handling or
protection of such information.
(f) Definitions.--In this section:
(1) Significant audit findings.--The term ``significant
audit findings'' includes--
(A) unsupported, questioned, or disallowed costs in an
amount in excess of $10,000,000; or
(B) other findings that the Inspector General of the agency
or department concerned determines to be significant.
(2) Contract.--The term ``contract'' includes a contract,
an order placed under a task or delivery order contract, or a
subcontract.

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

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

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

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

[[Page H150]]

of the source selection evaluation board, or chief of a
financial or technical evaluation team for a contract in an
amount in excess of $10,000,000.
(d) Definition.--In this section, the term ``post-
employment restrictions'' includes--
(1) section 27 of the Office of Federal Procurement Policy
Act (41 U.S.C. 423);
(2) section 207 of title 18, United States Code; and
(3) any other statute or regulation restricting the
employment or activities of individuals who leave government
service in the Department of Defense.

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

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

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

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

Subtitle E--Acquisition Workforce Provisions

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

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

[[Page H151]]

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

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

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

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

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

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

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

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

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

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

SEC. 855. FEDERAL ACQUISITION WORKFORCE IMPROVEMENTS.

(a) Associate Administrator for Acquisition Workforce
Programs.--The Administrator for Federal Procurement Policy
shall designate a member of the Senior Executive Service as
the Associate Administrator for Acquisition Workforce
Programs. The Associate Administrator for Acquisition
Workforce Programs shall be located in the Federal
Acquisition Institute (or its successor). The Associate
Administrator shall be responsible for--
(1) supervising the acquisition workforce training fund
established under section 37(h)(3) of the Office of Federal
Procurement Policy Act (41 U. S. C. 433(h)(3));
(2) developing, in coordination with Chief Acquisition
Officers and Chief Human Capital Officers, a strategic human
capital plan for the acquisition workforce of the Federal
Government;
(3) reviewing and providing input to individual agency
acquisition workforce succession plans;
(4) recommending to the Administrator and other senior
government officials appropriate programs, policies, and
practices to increase the quantity and quality of the Federal
acquisition workforce; and
(5) carrying out such other functions as the Administrator
may assign.
(b) Acquisition and Contracting Training Programs Within
Executive Agencies.--
(1) Requirement.--The head of each executive agency, after
consultation with the Associate Administrator for Acquisition
Workforce Programs, shall establish and operate acquisition
and contracting training programs. Such programs shall--
(A) have curricula covering a broad range of acquisition
and contracting disciplines corresponding to the specific
acquisition and contracting needs of the agency involved;
(B) be developed and applied according to rigorous
standards; and
(C) be designed to maximize efficiency, through the use of
self-paced courses, online courses, on-the-job training, and
the use of remote instructors, wherever such features

[[Page H152]]

can be applied without reducing the effectiveness of the
training or negatively affecting academic standards.
(2) Chief acquisition officer authorities and
responsibilities.--Subject to the authority, direction, and
control of the head of an executive agency, the Chief
Acquisition Officer for such agency shall carry out all
powers, functions, and duties of the head of the agency with
respect to implementation of this subsection. The Chief
Acquisition Officer shall ensure that the policies
established by the head of the agency in accordance with this
subsection are implemented throughout the agency.
(c) Government-Wide Policies and Evaluation.--The
Administrator for Federal Procurement Policy shall issue
policies to promote the development of performance standards
for training and uniform implementation of this section by
executive agencies, with due regard for differences in
program requirements among agencies that may be appropriate
and warranted in view of the agency mission. The
Administrator shall evaluate the implementation of the
provisions of subsection (b) by executive agencies.
(d) Acquisition and Contracting Training Reporting.--The
Administrator for Federal Procurement Policy shall ensure
that the heads of executive agencies collect and maintain
standardized information on the acquisition and contracting
workforce related to the implementation of subsection (b).
(e) Acquisition Workforce Human Capital Succession Plan.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, each Chief Acquisition Officer for
an executive agency shall develop, in consultation with the
Chief Human Capital Officer for the agency and the Associate
Administrator for Acquisition Workforce Programs, a
succession plan consistent with the agency's strategic human
capital plan for the recruitment, development, and retention
of the agency's acquisition workforce, with a particular
focus on warranted contracting officers and program managers
of the agency.
(2) Content of plan.--The acquisition workforce succession
plan shall address--
(A) recruitment goals for personnel from procurement intern
programs;
(B) the agency's acquisition workforce training needs;
(C) actions to retain high performing acquisition
professionals who possess critical relevant skills;
(D) recruitment goals for personnel from the Federal Career
Intern Program; and
(E) recruitment goals for personnel from the Presidential
Management Fellows Program.
(f) Training in the Acquisition of Architect and
Engineering Services.--The Administrator for Federal
Procurement Policy shall ensure that a sufficient number of
Federal employees are trained in the acquisition of architect
and engineering services.
(g) Utilization of Recruitment and Retention Authorities.--
The Administrator for Federal Procurement Policy, in
coordination with the Director of the Office of Personnel
Management, shall encourage executive agencies to utilize
existing authorities, including direct hire authority and
tuition assistance programs, to recruit and retain
acquisition personnel and consider recruiting acquisition
personnel who may be retiring from the private sector,
consistent with existing laws and regulations.
(h) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has
the meaning provided in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1)).
(2) Chief acquisition officer.--The term ``Chief
Acquisition Officer'' means a Chief Acquisition Officer for
an executive agency appointed pursuant to section 16 of the
Office of Federal Procurement Policy Act (41 U.S.C. 414).

Subtitle F--Contracts in Iraq and Afghanistan

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

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

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

(a) Regulations on Contractors Performing Private Security
Functions.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall prescribe
regulations on the selection, training, equipping, and
conduct of personnel performing private security functions
under a covered contract in an area of combat operations.
(2) Elements.--The regulations prescribed under subsection
(a) shall, at a minimum, establish--
(A) a process for registering, processing, accounting for,
and keeping appropriate records of personnel performing
private security functions in an area of combat operations;
(B) a process for authorizing and accounting for weapons to
be carried by, or available to be used by, personnel
performing private security functions in an area of combat
operations;
(C) a process for the registration and identification of
armored vehicles, helicopters, and other military vehicles
operated by contractors performing private security functions
in an area of combat operations;
(D) a process under which contractors are required to
report all incidents, and persons other than contractors are
permitted to report incidents, in which--
(i) a weapon is discharged by personnel performing private
security functions in an area of combat operations;
(ii) personnel performing private security functions in an
area of combat operations are killed or injured; or
(iii) persons are killed or injured, or property is
destroyed, as a result of conduct by contractor personnel;
(E) a process for the independent review and, if
practicable, investigation of--
(i) incidents reported pursuant to subparagraph (D); and
(ii) incidents of alleged misconduct by personnel
performing private security functions in an area of combat
operations;
(F) requirements for qualification, training, screening
(including, if practicable, through background checks), and
security for personnel performing private security functions
in an area of combat operations;
(G) guidance to the commanders of the combatant commands on
the issuance of--

[[Page H153]]

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

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

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

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

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

SEC. 864. DEFINITIONS AND OTHER GENERAL PROVISIONS.

(a) Definitions.--In this subtitle:
(1) Matters relating to contracting.--The term ``matters
relating to contracting'', with respect to contracts in Iraq
and Afghanistan, means all matters relating to awarding,
funding, managing, tracking, monitoring, and providing
oversight to contracts and contractor personnel.
(2) Contract in iraq or afghanistan.--The term ``contract
in Iraq or Afghanistan'' means a contract with the Department
of Defense, the Department of State, or the United States
Agency for International Development, a subcontract at any
tier issued under such a contract, or a task order or
delivery order at any tier issued under such a contract
(including a contract, subcontract, or task order or delivery
order issued by another Government agency for the Department
of Defense, the Department of State, or the United States
Agency for International Development), if the contract,
subcontract, or task order or delivery order involves

[[Page H154]]

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

Subtitle G--Defense Materiel Readiness Board

SEC. 871. ESTABLISHMENT OF DEFENSE MATERIEL READINESS BOARD.

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

SEC. 872. CRITICAL MATERIEL READINESS SHORTFALLS.

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

Subtitle H--Other Matters

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

(a) Requirement to Establish Clearinghouse.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense, acting through the Assistant Secretary
of Defense for Networks and Information Integration, shall
establish a clearinghouse for identifying, assessing, and
disseminating knowledge about readily available information
technologies (with an emphasis on commercial off-the-shelf
information technologies) that could support the warfighting
mission of the Department of Defense.
(b) Responsibilities.--The clearinghouse established
pursuant to subsection (a) shall be responsible for the
following:
(1) Developing a process to rapidly assess and set
priorities and needs for significant information technology
needs of the Department of Defense that could be met by
commercial technologies, including a process for--
(A) aligning priorities and needs with the requirements of
the commanders of the combatant command; and
(B) proposing recommendations to the commanders of the
combatant command of

[[Page H155]]

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

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

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

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

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

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

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

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

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

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

(a) In General.--In the case of a product or service to be
acquired in support of military operations or stability
operations in Iraq or Afghanistan (including security,
transition, reconstruction, and humanitarian relief
activities) for which the Secretary of Defense makes a
determination described in subsection (b), the Secretary may
conduct a procurement in which--
(1) competition is limited to products or services that are
from Iraq or Afghanistan;
(2) procedures other than competitive procedures are used
to award a contract to a particular source or sources from
Iraq or Afghanistan; or
(3) a preference is provided for products or services that
are from Iraq or Afghanistan.
(b) Determination.--A determination described in this
subsection is a determination by the Secretary that--
(1) the product or service concerned is to be used only by
the military forces, police, or other security personnel of
Iraq or Afghanistan; or
(2) it is in the national security interest of the United
States to limit competition, use

[[Page H156]]

procedures other than competitive procedures, or provide a
preference as described in subsection (a) because--
(A) such limitation, procedure, or preference is necessary
to provide a stable source of jobs in Iraq or Afghanistan;
and
(B) such limitation, procedure, or preference will not
adversely affect--
(i) military operations or stability operations in Iraq or
Afghanistan; or
(ii) the United States industrial base.
(c) Products, Services, and Sources From Iraq or
Afghanistan.--For the purposes of this section:
(1) A product is from Iraq or Afghanistan if it is mined,
produced, or manufactured in Iraq or Afghanistan.
(2) A service is from Iraq or Afghanistan if it is
performed in Iraq or Afghanistan by citizens or permanent
resident aliens of Iraq or Afghanistan.
(3) A source is from Iraq or Afghanistan if it--
(A) is located in Iraq or Afghanistan; and
(B) offers products or services that are from Iraq or
Afghanistan.

SEC. 887. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF
DEFENSE POLICIES AND PROCEDURES FOR THE
ACQUISITION OF INFORMATION TECHNOLOGY.

(a) Review Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
direct the Defense Science Board to carry out a review of
Department of Defense policies and procedures for the
acquisition of information technology.
(b) Matters To Be Addressed.--The matters addressed by the
review required by subsection (a) shall include the
following:
(1) Department of Defense policies and procedures for
acquiring national security systems, business information
systems, and other information technology.
(2) The roles and responsibilities in implementing such
policies and procedures of--
(A) the Under Secretary of Defense for Acquisition,
Technology, and Logistics;
(B) the Chief Information Officer of the Department of
Defense;
(C) the Director of the Business Transformation Agency;
(D) the service acquisition executives;
(E) the chief information officers of the military
departments;
(F) Defense Agency acquisition officials;
(G) the information officers of the Defense Agencies; and
(H) the Director of Operational Test and Evaluation and the
heads of the operational test organizations of the military
departments and the Defense Agencies.
(3) The application of such policies and procedures to
information technologies that are an integral part of weapons
or weapon systems.
(4) The requirements of subtitle III of title 40, United
States Code, and chapter 35 of title 44, United States Code,
regarding performance-based and results-based management,
capital planning, and investment control in the acquisition
of information technology.
(5) Department of Defense policies and procedures for
maximizing the usage of commercial information technology
while ensuring the security of the microelectronics,
software, and networks of the Department.
(6) The suitability of Department of Defense acquisition
regulations, including Department of Defense Directive 5000.1
and the accompanying milestones, to the acquisition of
information technology systems.
(7) The adequacy and transparency of metrics used by the
Department of Defense for the acquisition of information
technology systems.
(8) The effectiveness of existing statutory and regulatory
reporting requirements for the acquisition of information
technology systems.
(9) The adequacy of operational and development test
resources (including infrastructure and personnel), policies,
and procedures to ensure appropriate testing of information
technology systems both during development and before
operational use.
(10) The appropriate policies and procedures for technology
assessment, development, and operational testing for purposes
of the adoption of commercial technologies into information
technology systems.
(c) Report Required.--Not later than one year after the
date of enactment of this Act, the Secretary shall submit to
the congressional defense committees a report on the results
of the review required by subsection (a). The report shall
include the findings and recommendations of the Defense
Science Board pursuant to the review, including such
recommendations for legislative or administrative action as
the Board considers appropriate, together with any comments
the Secretary considers appropriate.

SEC. 888. GREEN PROCUREMENT POLICY.

(a) Sense of Congress.--It is the sense of Congress that
the Department of Defense should establish a system to
document and track the use of environmentally preferable
products and services.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on a plan to increase the usage of
environmentally friendly products that minimize potential
impacts to human health and the environment at all Department
of Defense facilities inside and outside the United States,
including through the direct purchase of products and the
purchase of products by facility maintenance contractors. The
report shall also cover consideration of the budgetary impact
of implementation of the plan.

SEC. 889. COMPTROLLER GENERAL REVIEW OF USE OF AUTHORITY
UNDER THE DEFENSE PRODUCTION ACT OF 1950.

(a) Thorough Review Required.--The Comptroller General of
the United States (in this section referred to as the
``Comptroller'') shall conduct a thorough review of the
application of the Defense Production Act of 1950, covering
the period beginning on the date of the enactment of the
Defense Production Act Reauthorization of 2003 (Public Law
108-195) and ending on the date of the enactment of this Act.
(b) Considerations.--In conducting the review required by
this section, the Comptroller shall examine--
(1) the relevance and utility of the authorities provided
under the Defense Production Act of 1950 to meet the security
challenges of the 21st Century;
(2) the manner in which the authorities provided under such
Act have been used by the Federal Government--
(A) to meet security challenges;
(B) to meet current and future defense requirements;
(C) to meet current and future energy requirements;
(D) to meet current and future domestic emergency and
disaster response and recovery requirements;
(E) to reduce the interruption of critical infrastructure
operations during a terrorist attack, natural catastrophe, or
other similar national emergency; and
(F) to safeguard critical components of the United States
industrial base, including American aerospace and
shipbuilding industries;
(3) the economic impact of foreign offset contracts;
(4) the relative merit of developing rapid and standardized
systems for use of the authorities provided under the Defense
Production Act of 1950, by any Federal agency; and
(5) such other issues as the Comptroller determines
relevant.
(c) Report to Congress.--Not later than 150 days after the
date of the enactment of this Act, the Comptroller shall
submit to the Committees on Armed Services and on Banking,
Housing, and Urban Affairs of the Senate and the Committees
on Armed Services and on Financial Services of the House of
Representatives a report on the review conducted under this
section.
(d) Rules of Construction on Protection of Information.--
Notwithstanding any other provision of law--
(1) the provisions of section 705(d) of the Defense
Production Act of 1950 (50 U.S.C. App. 2155(d)) shall not
apply to information sought or obtained by the Comptroller
for purposes of the review required by this section; and
(2) provisions of law pertaining to the protection of
classified information or proprietary information otherwise
applicable to information sought or obtained by the
Comptroller in carrying out this section shall not be
affected by any provision of this section.

SEC. 890. PREVENTION OF EXPORT CONTROL VIOLATIONS.

(a) Prevention of Export Control Violations.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall prescribe regulations
requiring any contractor under a contract with the Department
of Defense to provide goods or technology that is subject to
export controls under the Arms Export Control Act or the
Export Administration of 1979 (as continued in effect under
the International Emergency Economic Powers Act) to comply
with those Acts and applicable regulations with respect to
such goods and technology, including the International
Traffic in Arms Regulations and the Export Administration
Regulations. Regulations prescribed under this subsection
shall include a contract clause enforcing such requirement.
(b) Training on Export Controls.--The Secretary of Defense
shall ensure that any contractor under a contract with the
Department of Defense to provide goods or technology that is
subject to export controls under the Arms Export Control Act
or the Export Administration of 1979 (as continued in effect
under the International Emergency Economic Powers Act) is
made aware of any relevant resources made available by the
Department of State and the Department of Commerce to assist
in compliance with the requirement established by subsection
(a) and the need for a corporate compliance plan and periodic
internal audits of corporate performance under such plan.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report assessing the utility of--
(1) requiring defense contractors (or subcontractors at any
tier) to periodically report on measures taken to ensure
compliance with the International Traffic in Arms Regulations
and the Export Administration Regulations;
(2) requiring periodic audits of defense contractors (or
subcontractors at any tier) to ensure compliance with all
provisions of the International Traffic in Arms Regulations
and the Export Administration Regulations;
(3) requiring defense contractors to maintain a corporate
training plan to disseminate information to appropriate
contractor personnel regarding the applicability of the

[[Page H157]]

Arms Export Control Act and the Export Administration Act of
1979; and
(4) requiring a designated corporate liaison, available for
training provided by the United States Government, whose
primary responsibility would be contractor compliance with
the Arms Export Control Act and the Export Administration Act
of 1979.
(d) Definitions.--In this section:
(1) Export administration regulations.--The term ``Export
Administration Regulations'' means those regulations
contained in sections 730 through 774 of title 15, Code of
Federal Regulations (or successor regulations).
(2) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means those
regulations contained in sections 120 through 130 of title
22, Code of Federal Regulations (or successor regulations).

SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN-SERVING
INSTITUTIONS AND ALASKA NATIVE-SERVING
INSTITUTIONS.

Section 2323 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) Native Hawaiian-serving institutions and Alaska
Native-serving institutions (as defined in section 317 of the
Higher Education Act of 1965).'';
(2) in subsection (a)(2), by inserting after ``Hispanic-
serving institutions,'' the following: ``Native Hawaiian-
serving institutions and Alaska Native-serving
institutions,'';
(3) in subsection (c)(1), by inserting after ``Hispanic-
serving institutions,'' the following: ``Native Hawaiian-
serving institutions and Alaska Native-serving
institutions,''; and
(4) in subsection (c)(3), by inserting after ``Hispanic-
serving institutions,'' the following: ``to Native Hawaiian-
serving institutions and Alaska Native-serving
institutions,''.

SEC. 892. COMPETITION FOR PROCUREMENT OF SMALL ARMS SUPPLIED
TO IRAQ AND AFGHANISTAN.

(a) Competition Requirement.--For the procurement of
pistols and other weapons described in subsection (b), the
Secretary of Defense shall ensure, consistent with the
provisions of section 2304 of title 10, United States Code,
that--
(1) full and open competition is obtained to the maximum
extent practicable;
(2) no responsible United States manufacturer is excluded
from competing for such procurements; and
(3) products manufactured in the United States are not
excluded from the competition.
(b) Procurements Covered.--This section applies to the
procurement of the following:
(1) Pistols and other weapons less than 0.50 caliber for
assistance to the Army of Iraq, the Iraqi Police Forces, and
other Iraqi security organizations.
(2) Pistols and other weapons less than 0.50 caliber for
assistance to the Army of Afghanistan, the Afghani Police
Forces, and other Afghani security organizations.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Subtitle B--Space Activities

Subtitle C--Chemical Demilitarization Program

Subtitle D--Intelligence-Related Matters

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

Subtitle E--Roles and Missions Analysis

Subtitle F--Other Matters

Subtitle A--Department of Defense Management

SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE
HEADQUARTERS ACTIVITIES PERSONNEL AND RELATED
REPORT.

(a) Repeal of Limitation.--
(1) Repeal.--Section 130a of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by striking
the item relating to section 130a.
(b) Report Required.--The Secretary of Defense shall
include a report with the defense budget materials for each
fiscal year that includes the following information:
(1) The average number of military personnel and civilian
employees of the Department of Defense assigned to major
Department of Defense headquarters activities for each
component of the Department of Defense during the preceding
fiscal year.
(2) The total increase in personnel assigned to major
headquarters activities, if any, during the preceding fiscal
year--
(A) attributable to the replacement of contract personnel
with military personnel or civilian employees of the
Department of Defense, including the number of positions
associated with the replacement of contract personnel
performing inherently governmental functions; and
(B) attributable to reasons other than the replacement of
contract personnel with military personnel or civilian
employees of the Department, such as workload or operational
demand increases.
(3) An estimate of the cost savings, if any, associated
with the elimination of contracts for the performance of
major headquarters activities.
(4) The number of military personnel and civilian employees
of the Department of Defense assigned to major headquarters
activities for each component of the Department of Defense as
of October 1 of the preceding fiscal year.
(c) Definitions.--In this section:
(1) Defense budget materials.--The term ``defense budget
materials'', with respect to a fiscal year, means the
materials submitted to Congress by the Secretary of Defense
in support of the budget for that fiscal year that is
submitted to Congress by the President under section 1105 of
title 31, United States Code.
(2) Contract personnel.--The term ``contract personnel''
means persons hired under a contract with the Department of
Defense for the performance of major Department of Defense
headquarters activities.

SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEPUTY CHIEFS
AND ASSISTANT CHIEFS.

(a) Army.--Section 3035(b) of title 10, United States Code,
is amended to read as follows:
``(b) The Secretary of the Army shall prescribe the number
of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for
a total of not more than eight positions.''.
(b) Navy.--
(1) Deputy chiefs of naval operations.--Section 5036(a) of
title 10, United States Code, is amended--

[[Page H158]]

(A) by striking ``There are in the Office of the Chief of
Naval Operations not more than five Deputy Chiefs of Naval
Operations,'' and inserting ``There are Deputy Chiefs of
Naval Operations in the Office of the Chief of Naval
Operations,''; and
(B) by adding at the end the following: ``The Secretary of
the Navy shall prescribe the number of Deputy Chiefs of Naval
Operations under this section and Assistant Chiefs of Naval
Operations under section 5037 of this title, for a total of
not more than eight positions.''.
(2) Assistant chiefs of naval operations.--Section 5037(a)
of such title is amended--
(A) by striking ``There are in the Office of the Chief of
Naval Operations not more than three Assistant Chiefs of
Naval Operations,'' and inserting ``There are Assistant
Chiefs of Naval Operations in the Office of the Chief of
Naval Operations,''; and
(B) by adding at the end the following: ``The Secretary of
the Navy shall prescribe the number of Assistant Chiefs of
Naval Operations in accordance with section 5036(a) of this
title.''.
(c) Air Force.--Section 8035(b) of title 10, United States
Code, is amended to read as follows:
``(b) The Secretary of the Air Force shall prescribe the
number of Deputy Chiefs of Staff and Assistant Chiefs of
Staff, for a total of not more than eight positions.''.

SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT
TO DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS.

(a) Secretary of Defense.--Section 113(a) of title 10,
United States Code, is amended by striking ``10'' and
inserting ``seven''.
(b) Deputy Secretary of Defense.--Section 132(a) of such
title is amended by striking ``ten'' and inserting ``seven''.
(c) Under Secretary of Defense for Policy.--Section 134(a)
of such title is amended by striking ``10'' and inserting
``seven''.

SEC. 904. MANAGEMENT OF THE DEPARTMENT OF DEFENSE.

(a) Assignment of Management Duties and Designation of a
Chief Management Officer and Deputy Chief Management Officer
of the Department of Defense.--
(1) Establishment of position.--Section 132 of title 10,
United States Code is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection (c):
``(c) The Deputy Secretary serves as the Chief Management
Officer of the Department of Defense. The Deputy Secretary
shall be assisted in this capacity by a Deputy Chief
Management Officer, who shall be appointed from civilian life
by the President, by and with the advice and consent of the
Senate.''.
(2) Assignment of duties.--
(A) The Secretary of Defense shall assign duties and
authorities relating to the management of the business
operations of the Department of Defense.
(B) The Secretary shall assign such duties and authorities
to the Chief Management Officer as are necessary for that
official to effectively and efficiently organize the business
operations of the Department of Defense.
(C) The Secretary shall assign such duties and authorities
to the Deputy Chief Management Officer as are necessary for
that official to assist the Chief Management Officer to
effectively and efficiently organize the business operations
of the Department of Defense.
(D) The Deputy Chief Management Officer shall perform the
duties and have the authorities assigned by the Secretary
under subparagraph (C) and perform such duties and have such
authorities as are delegated by the Chief Management Officer.
(3) Executive schedule level iii.--Section 5314 of title 5,
United States Code, is amended by inserting after the item
relating to the Under Secretary of Defense for Intelligence
the following new item:

``Deputy Chief Management Officer of the Department of
Defense.''.
(4) Placement in osd.--Section 131(b)(2) of title 10,
United States Code, is amended--
(A) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The Deputy Chief Management Officer of the Department
of Defense.''.
(b) Assignment of Management Duties and Designation of the
Chief Management Officers of the Military Departments.--
(1) The Secretary of a military department shall assign
duties and authorities relating to the management of the
business operations of such military department.
(2) The Secretary of a military department, in assigning
duties and authorities under paragraph (1) shall designate
the Under Secretary of such military department to have the
primary management responsibility for business operations, to
be known in the performance of such duties as the Chief
Management Officer.
(3) The Secretary shall assign such duties and authorities
to the Chief Management Officer as are necessary for that
official to effectively and efficiently organize the business
operations of the military department concerned.
(4) The Chief Management Officer of each military
department shall promptly provide such information relating
to the business operations of such department to the Chief
Management Officer and Deputy Chief Management Officer of the
Department of Defense as is necessary to assist those
officials in the performance of their duties.
(c) Management of Defense Business Transformation Agency.--
Section 192(e)(2) of title 10, United States Code, is amended
by striking ``that the Agency'' and all that follows and
inserting ``that the Director of the Agency shall report
directly to the Deputy Chief Management Officer of the
Department of Defense.''.
(d) Strategic Management Plan Required.--
(1) Requirement.--The Secretary of Defense, acting through
the Chief Management Officer of the Department of Defense,
shall develop a strategic management plan for the Department
of Defense.
(2) Matters covered.--Such plan shall include, at a
minimum, detailed descriptions of--
(A) performance goals and measures for improving and
evaluating the overall efficiency and effectiveness of the
business operations of the Department of Defense and
achieving an integrated management system for business
support areas within the Department of Defense;
(B) key initiatives to be undertaken by the Department of
Defense to achieve the performance goals under subparagraph
(A), together with related resource needs;
(C) procedures to monitor the progress of the Department of
Defense in meeting performance goals and measures under
subparagraph (A);
(D) procedures to review and approve plans and budgets for
changes in business operations, including any proposed
changes to policies, procedures, processes, and systems, to
ensure the compatibility of such plans and budgets with the
strategic management plan of the Department of Defense; and
(E) procedures to oversee the development of, and review
and approve, all budget requests for defense business
systems.
(3) Updates.--The Secretary of Defense, acting through the
Chief Management Officer, shall update the strategic
management plan no later than July 1, 2009, and every two
years thereafter and provide a copy to the Committees on
Armed Services of the Senate and the House of
Representatives.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the implementation of
this section and a copy of the strategic management plan
required by subsection (d).

SEC. 905. REVISION IN GUIDANCE RELATING TO COMBATANT COMMAND
ACQUISITION AUTHORITY.

Subparagraph (B) of section 905(b)(1) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2353) is amended by striking
``and mutually supportive of''.

SEC. 906. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES.

(a) Establishment.--
(1) In general.--Chapter 7 of title 10, United States Code,
is amended by inserting after section 182 the following new
section:

``Sec. 183. Department of Defense Board of Actuaries

``(a) In General.--There shall be in the Department of
Defense a Department of Defense Board of Actuaries
(hereinafter in this section referred to as the `Board').
``(b) Members.--(1) The Board shall consist of three
members who shall be appointed by the Secretary of Defense
from among qualified professional actuaries who are members
of the Society of Actuaries.
``(2) The members of the Board shall serve for a term of 15
years, except that a member of the Board appointed to fill a
vacancy occurring before the end of the term for which the
member's predecessor was appointed shall only serve until the
end of such term. A member may serve after the end of the
member's term until the member's successor takes office.
``(3) A member of the Board may be removed by the Secretary
of Defense only for misconduct or failure to perform
functions vested in the Board.
``(4) A member of the Board who is not an employee of the
United States is entitled to receive pay at the daily
equivalent of the annual rate of basic pay of the highest
rate of basic pay then currently being paid under the General
Schedule of subchapter III of chapter 53 of title 5 for each
day the member is engaged in the performance of the duties of
the Board and is entitled to travel expenses, including a per
diem allowance, in accordance with section 5703 of that title
in connection with such duties.
``(c) Duties.--The Board shall have the following duties:
``(1) To review valuations of the Department of Defense
Military Retirement Fund in accordance with section 1465(c)
of this title and submit to the President and Congress, not
less often than once every four years, a report on the status
of that Fund, including such recommendations for
modifications to the funding or amortization of that Fund as
the Board considers appropriate and necessary to maintain
that Fund on a sound actuarial basis.
``(2) To review valuations of the Department of Defense
Education Benefits Fund in accordance with section 2006(e) of
this title and make recommendations to the President and
Congress on such modifications to the funding or amortization
of that Fund as the

[[Page H159]]

Board considers appropriate to maintain that Fund on a sound
actuarial basis.
``(3) To review valuations of such other funds as the
Secretary of Defense shall specify for purposes of this
section and make recommendations to the President and
Congress on such modifications to the funding or amortization
of such funds as the Board considers appropriate to maintain
such funds on a sound actuarial basis.
``(d) Records.--The Secretary of Defense shall ensure that
the Board has access to such records regarding the funds
referred to in subsection (c) as the Board shall require to
determine the actuarial status of such funds.
``(e) Reports.--(1) The Board shall submit to the Secretary
of Defense on an annual basis a report on the actuarial
status of each of the following:
``(A) The Department of Defense Military Retirement Fund.
``(B) The Department of Defense Education Benefits Fund.
``(C) Each other fund specified by Secretary under
subsection (c)(3).
``(2) The Board shall also furnish its advice and opinion
on matters referred to it by the Secretary.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 182 the following new
item:

``183. Department of Defense Board of Actuaries''.

(3) Initial service as board members.--Each member of the
Department of Defense Retirement Board of Actuaries or the
Department of Defense Education Benefits Board of Actuaries
as of the date of the enactment of this Act shall serve as an
initial member of the Department of Defense Board of
Actuaries under section 183 of title 10, United States Code
(as added by paragraph (1)), from that date until the date
otherwise provided for the completion of such individual's
term as a member of the Department of Defense Retirement
Board of Actuaries or the Department of Defense Education
Benefits Board of Actuaries, as the case may be, unless
earlier removed by the Secretary of Defense.
(b) Termination of Existing Boards of Actuaries.--
(1) Department of defense retirement board of actuaries.--
(A) Section 1464 of title 10, United States Code, is
repealed.
(B) The table of sections at the beginning of chapter 74 of
such title is amended by striking the item relating to
section 1464.
(2) Department of defense education benefits board of
actuaries.--Section 2006 of such title is amended--
(A) in subsection (c)(1), by striking ``subsection (g)''
and inserting ``subsection (f)'';
(B) by striking subsection (e);
(C) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively;
(D) in subsection (e), as redesignated by subparagraph (C),
by striking ``subsection (g)'' in paragraph (5) and inserting
``subsection (f)''; and
(E) in subsection (f), as so redesignated--
(i) in paragraph (2)(A), by striking ``subsection (f)(3)''
and inserting ``subsection (e)(3)''; and
(ii) in paragraph (2)(B), by striking ``subsection (f)(4)''
and inserting ``subsection (e)(4)''.
(c) Conforming Amendments.--
(1) Section 1175(h)(4) of title 10, United States Code, is
amended by striking ``Retirement'' the first place it
appears.
(2) Section 1460(b) of such title is amended by striking
``Retirement''.
(3) Section 1466(c)(3) of such title is amended by striking
``Retirement''.
(4) Section 12521(6) of such title is amended by striking
``Department of Defense Education Benefits Board of Actuaries
referred to in section 2006(e)(1) of this title'' and
inserting ``Department of Defense Board of Actuaries under
section 183 of this title''.

SEC. 907. MODIFICATION OF BACKGROUND REQUIREMENT OF
INDIVIDUALS APPOINTED AS UNDER SECRETARY OF
DEFENSE FOR ACQUISITION, TECHNOLOGY, AND
LOGISTICS.

Section 133(a) of title 10, United States Code, is amended
by striking ``in the private sector''.

SEC. 908. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS
FOR ACQUISITION MATTERS; PRINCIPAL MILITARY
DEPUTIES.

(a) Department of the Army.--Section 3016(b) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(5)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Army for Acquisition, Technology,
and Logistics. The principal duty of the Assistant Secretary
shall be the overall supervision of acquisition, technology,
and logistics matters of the Department of the Army.
``(B) The Assistant Secretary shall have a Principal
Military Deputy, who shall be a lieutenant general of the
Army on active duty. The Principal Military Deputy shall be
appointed from among officers who have significant experience
in the areas of acquisition and program management. The
position of Principal Military Deputy shall be designated as
a critical acquisition position under section 1733 of this
title.''.
(b) Department of the Navy.--Section 5016(b) of such title
is amended by adding at the end the following new paragraph:
``(4)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Navy for Research, Development,
and Acquisition. The principal duty of the Assistant
Secretary shall be the overall supervision of research,
development, and acquisition matters of the Department of the
Navy.
``(B) The Assistant Secretary shall have a Principal
Military Deputy, who shall be a vice admiral of the Navy or a
lieutenant general of the Marine Corps on active duty. The
Principal Military Deputy shall be appointed from among
officers who have significant experience in the areas of
acquisition and program management. The position of Principal
Military Deputy shall be designated as a critical acquisition
position under section 1733 of this title.''.
(c) Department of the Air Force.--Section 8016(b) of such
title is amended by adding at the end the following new
paragraph:
``(4)(A) One of the Assistant Secretaries shall be the
Assistant Secretary of the Air Force for Acquisition. The
principal duty of the Assistant Secretary shall be the
overall supervision of acquisition matters of the Department
of the Air Force.
``(B) The Assistant Secretary shall have a Principal
Military Deputy, who shall be a lieutenant general of the Air
Force on active duty. The Principal Military Deputy shall be
appointed from among officers who have significant experience
in the areas of acquisition and program management. The
position of Principal Military Deputy shall be designated as
a critical acquisition position under section 1733 of this
title.''.
(d) Duty of Principal Military Deputies To Inform Service
Chiefs on Major Defense Acquisition Programs.--Each Principal
Military Deputy to a service acquisition executive shall be
responsible for keeping the Chief of Staff of the Armed
Forces concerned informed of the progress of major defense
acquisition programs.

SEC. 909. SENSE OF CONGRESS ON TERM OF OFFICE OF THE DIRECTOR
OF OPERATIONAL TEST AND EVALUATION.

It is the sense of Congress that the term of office of the
Director of Operational Test and Evaluation of the Department
of Defense should be not less than five years.

Subtitle B--Space Activities

SEC. 911. SPACE PROTECTION STRATEGY.

(a) Sense of Congress.--It is the Sense of Congress that
the United States should place greater priority on the
protection of national security space systems.
(b) Strategy.--The Secretary of Defense, in conjunction
with the Director of National Intelligence, shall develop a
strategy, to be known as the Space Protection Strategy, for
the development and fielding by the United States of the
capabilities that are necessary to ensure freedom of action
in space for the United States.
(c) Matters Included.--The strategy required by subsection
(b) shall include each of the following:
(1) An identification of the threats to, and the
vulnerabilities of, the national security space systems of
the United States.
(2) A description of the capabilities currently contained
in the program of record of the Department of Defense and the
intelligence community that ensure freedom of action in
space.
(3) For each period covered by the strategy, a description
of the capabilities that are needed for the period,
including--
(A) the hardware, software, and other materials or services
to be developed or procured;
(B) the management and organizational changes to be
achieved; and
(C) concepts of operations, tactics, techniques, and
procedures to be employed.
(4) For each period covered by the strategy, an assessment
of the gaps and shortfalls between the capabilities that are
needed for the period and the capabilities currently
contained in the program of record.
(5) For each period covered by the strategy, a
comprehensive plan for investment in capabilities that
identifies specific program and technology investments to be
made in that period.
(6) A description of the current processes by which the
systems protection requirements of the Department of Defense
and the intelligence community are addressed in space
acquisition programs and during key milestone decisions, an
assessment of the adequacy of those processes, and an
identification of the actions of the Department and the
intelligence community for addressing any inadequacies in
those processes.
(7) A description of the current processes by which the
Department of Defense and the intelligence community program
and budget for capabilities (including capabilities that are
incorporated into single programs and capabilities that span
multiple programs), an assessment of the adequacy of those
processes, and an identification of the actions of the
Department and the intelligence community for addressing any
inadequacies in those processes.
(8) A description of the organizational and management
structure of the Department of Defense and the intelligence
community for addressing policy, planning, acquisition, and
operations with respect to capabilities, a description of the
roles and responsibilities of each organization, and an
identification of the actions of the Department and the
intelligence community for addressing any inadequacies in
that structure.
(d) Periods Covered.--The strategy required by subsection
(b) shall cover the following periods:
(1) Fiscal years 2008 through 2013.

[[Page H160]]

(2) Fiscal years 2014 through 2019.
(3) Fiscal years 2020 through 2025.
(e) Definitions.--In this section--
(1) the term ``capabilities'' means space, airborne, and
ground systems and capabilities for space situational
awareness and for space systems protection; and
(2) the term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)).
(f) Report; Biennial Update.--
(1) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense, in
conjunction with the Director of National Intelligence, shall
submit to Congress a report on the strategy required by
subsection (b), including each of the matters required by
subsection (c).
(2) Biennial update.--Not later than March 15 of each even-
numbered year after 2008, the Secretary of Defense, in
conjunction with the Director of National Intelligence, shall
submit to Congress an update to the report required by
paragraph (1).
(3) Classification.--The report required by paragraph (1),
and each update required by paragraph (2), shall be in
unclassified form, but may include a classified annex.
(g) Conforming Repeal.--Section 911 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3405; 10 U.S.C. 2271 note) is repealed.

SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE CADRE WITHIN
THE DEPARTMENT OF DEFENSE.

(a) In General.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 490. Space cadre management: biennial report

``(a) Requirement.--The Secretary of Defense and each
Secretary of a military department shall develop metrics and
use these metrics to identify, track, and manage space cadre
personnel within the Department of Defense to ensure the
Department has sufficient numbers of personnel with the
expertise, training, and experience to meet current and
future national security space needs.
``(b) Biennial Report Required.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, and every even-numbered
year thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on the management
of the space cadre.
``(2) Matters included.--The report required by paragraph
(1) shall include--
``(A) the number of active duty, reserve duty, and
government civilian space-coded billets that--
``(i) are authorized or permitted to be maintained for each
military department and defense agency;
``(ii) are needed or required for each military department
and defense agency for the year in which the submission of
the report is required; and
``(iii) are needed or required for each military department
and defense agency for each of the five years following the
date of the submission of the report;
``(B) the actual number of active duty, reserve duty, and
government civilian personnel that are coded or classified as
space cadre personnel within the Department of Defense,
including the military departments and defense agencies;
``(C) the number of personnel recruited or hired as
accessions to serve in billets coded or classified as space
cadre personnel for each military department and defense
agency;
``(D) the number of personnel serving in billets coded or
classified as space cadre personnel that discontinued serving
each military department and defense agency during the
preceding calendar year;
``(E) for each of the reporting requirements in
subparagraphs (A) through (D), further classification of the
number of personnel by--
``(i) space operators, acquisition personnel, engineers,
scientists, program managers, and other space-related areas
identified by the Department;
``(ii) expertise or technical specialization area--

``(I) such as communications, missile warning, spacelift,
and any other space-related specialties identified by the
Department or classifications used by the Department; and
``(II) consistent with section 1721 of this title for
acquisition personnel;

``(iii) rank for active duty and reserve duty personnel and
grade for government civilian personnel;
``(iv) qualification, expertise, or proficiency level
consistent with service and agency-defined qualification,
expertise, or proficiency levels; and
``(v) any other such space-related classification
categories used by the Department or military departments;
and
``(F) any other metrics identified by the Department to
improve the identification, tracking, training, and
management of space cadre personnel.
``(3) Assessments.--The report required by paragraph (1)
shall also include the Secretary's assessment of the state of
the Department's space cadre, the Secretary's assessment of
the space cadres of the military departments, and a
description of efforts to ensure the Department has a space
cadre sufficient to meet current and future national security
space needs.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``490. Space cadre management: biennial report.''.

SEC. 913. ADDITIONAL REPORT ON OVERSIGHT OF ACQUISITION FOR
DEFENSE SPACE PROGRAMS.

Section 911(b)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2621) is amended by inserting ``, and March 15,
2008,'' after ``March 15, 2003,''.

Subtitle C--Chemical Demilitarization Program

SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVISORY
COMMISSIONS.

(a) Functions.--Section 172 of the National Defense
Authorization Act for Fiscal Year 1993 (50 U.S.C. 1521 note)
is amended--
(1) in each of subsections (b) and (f), by striking
``Assistant Secretary of the Army (Research, Development and
Acquisition)'' and inserting ``Assistant Secretary of the
Army (Acquisition, Logistics, and Technology)''; and
(2) in subsection (g), by striking ``Assistant Secretary of
the Army (Research, Development, and Acquisition)'' and
inserting ``Assistant Secretary of the Army (Acquisition,
Logistics, and Technology)''.
(b) Termination.--Such section is further amended in
subsection (h) by striking ``after the stockpile located in
that commission's State has been destroyed'' and inserting
``after the closure activities required pursuant to
regulations promulgated by the Administrator of the
Environmental Protection Agency pursuant to the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) have been completed for
the chemical agent destruction facility in the commission's
State, or upon the request of the Governor of the
commission's State, whichever occurs first''.

SEC. 922. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION OF
UNITED STATES CHEMICAL WEAPONS STOCKPILE.

(a) Findings.--Congress makes the following findings:
(1) The Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction, done at Paris on January 13, 1993
(commonly referred to as the ``Chemical Weapons
Convention''), requires that destruction of the entire United
States chemical weapons stockpile be completed by not later
than April 29, 2007.
(2) In 2006, under the terms of the Chemical Weapons
Convention, the United States requested and received a one-
time, 5-year extension of its chemical weapons destruction
deadline to April 29, 2012.
(3) On April 10, 2006, the Secretary of Defense notified
Congress that the United States would not meet even the
extended deadline under the Chemical Weapons Convention for
destruction of the United States chemical weapons stockpile,
but would ``continue working diligently to minimize the time
to complete destruction without sacrificing safety and
security'' and would also ``continue requesting resources
needed to complete destruction as close to April 2012 as
practicable''.
(4) The United States chemical demilitarization program has
met its one percent, 20 percent, and extended 45 percent
destruction deadlines under the Chemical Weapons Convention.
(5) Destroying the remaining stockpile of United States
chemical weapons is imperative for public safety and homeland
security, and doing so by April 2012, in accordance with the
current destruction deadline provided under the Chemical
Weapons Convention, is required by United States law.
(6) The elimination of chemical weapons anywhere they exist
in the world, and the prevention of their proliferation, is
of utmost importance to the national security of the United
States.
(7) Section 921(b)(3) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2359) contained a sense of Congress urging the
Secretary of Defense to ensure the elimination of the United
States chemical weapons stockpile in the shortest time
possible, consistent with the requirement to protect public
health, safety, and the environment.
(8) Section 921(b)(4) of that Act contained a sense of
Congress urging the Secretary of Defense to propose a
credible treatment and disposal process with the support of
affected communities. In this regard, any such process should
provide for sufficient communication and consultation between
representatives of the Department of Defense and
representatives of affected States and communities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States is, and must remain, committed to
making every effort to safely dispose of its entire chemical
weapons stockpile by April 2012, the current destruction
deadline provided under the Chemical Weapons Convention, or
as soon thereafter as possible, and must carry out all of its
other obligations under the Convention; and
(2) the Secretary of Defense should make every effort to
plan for, and to request in the annual budget of the
President submitted to Congress adequate funding to complete,
the elimination of the United States chemical weapons
stockpile in accordance with United States obligations under
the Chemical Weapons Convention and in a manner that will

[[Page H161]]

protect public health, safety, and the environment, as
required by law.
(c) Reports Required.--
(1) In general.--Not later than March 15, 2008, and every
180 days thereafter until the year in which the United States
completes the destruction of its entire stockpile of chemical
weapons under the terms of the Chemical Weapons Convention,
the Secretary of Defense shall submit to the members and
committees of Congress referred to in paragraph (3) a report
on the implementation by the United States of its chemical
weapons destruction obligations under the Chemical Weapons
Convention.
(2) Elements.--Each report under paragraph (1) shall
include the following:
(A) The anticipated schedule at the time of such report for
the completion of destruction of chemical agents, munitions,
and materiel at each chemical weapons demilitarization
facility in the United States.
(B) A description of the options and alternatives for
accelerating the completion of chemical weapons destruction
at each such facility, particularly in time to meet the
destruction deadline of April 29, 2012, currently provided by
the Chemical Weapons Convention, and by December 31, 2017.
(C) A description of the funding required to achieve each
of the options for destruction described under subparagraph
(B), and a detailed life-cycle cost estimate for each of the
affected facilities included in each such funding profile.
(D) A description of all actions being taken by the United
States to accelerate the destruction of its entire stockpile
of chemical weapons, agents, and materiel in order to meet
the current destruction deadline under the Chemical Weapons
Convention of April 29, 2012, or as soon thereafter as
possible.
(3) Members and committees of congress.--The members and
committees of Congress referred to in this paragraph are--
(A) the majority leader of the Senate, the minority leader
of the Senate, and the Committees on Armed Services and
Appropriations of the Senate; and
(B) the Speaker of the House of Representatives, the
majority leader of the House of Representatives, the minority
leader of the House of Representatives, and the Committees on
Armed Services and Appropriations of the House of
Representatives.

SEC. 923. REPEAL OF CERTAIN QUALIFICATIONS REQUIREMENT FOR
DIRECTOR OF CHEMICAL DEMILITARIZATION
MANAGEMENT ORGANIZATION.

Section 1412(e)(3) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(e)(3)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).

SEC. 924. MODIFICATION OF TERMINATION OF ASSISTANCE TO STATE
AND LOCAL GOVERNMENTS AFTER COMPLETION OF THE
DESTRUCTION OF THE UNITED STATES CHEMICAL
WEAPONS STOCKPILE.

Subparagraph (B) of section 1412(c)(5) of the Department of
Defense Authorization Act, 1986 (50 U.S.C. 1521(c)(5)) is
amended to read as follows:
``(B) Assistance may be provided under this paragraph for
capabilities to respond to emergencies involving an
installation or facility as described in subparagraph (A)
until the earlier of the following:
``(i) The date of the completion of all grants and
cooperative agreements with respect to the installation or
facility for purposes of this paragraph between the Federal
Emergency Management Agency and the State and local
governments concerned.
``(ii) The date that is 180 days after the date of the
completion of the destruction of lethal chemical agents and
munitions at the installation or facility.''.

Subtitle D--Intelligence-Related Matters

SEC. 931. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES
CODE, ARISING FROM ENACTMENT OF THE
INTELLIGENCE REFORM AND TERRORISM PREVENTION
ACT OF 2004.

(a) References to Head of Intelligence Community.--Title
10, United States Code, is amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of National
Intelligence'':
(1) Section 192(c)(2).
(2) Section 193(d)(2).
(3) Section 193(e).
(4) Section 201(a).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 426(a)(3).
(8) Section 426(b)(2).
(9) Section 441(c).
(10) Section 441(d).
(11) Section 443(d).
(12) Section 2273(b)(1).
(13) Section 2723(a).
(b) References to Head of Central Intelligence Agency.--
Such title is further amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of the Central
Intelligence Agency'':
(1) Section 431(b)(1).
(2) Section 444.
(3) Section 1089(g).
(c) Other Amendments.--
(1) Subsection headings.--
(A) Section 441(c).--The heading of subsection (c) of
section 441 of such title is amended by striking ``Director
of Central Intelligence'' and inserting ``Director of
National Intelligence''.
(B) Section 443(d).--The heading of subsection (d) of
section 443 of such title is amended by striking ``Director
of Central Intelligence'' and inserting ``Director of
National Intelligence''.
(2) Section 201.--Section 201 of such title is further
amended--
(A) in subsection (b)(1), to read as follows:
``(1) In the event of a vacancy in a position referred to
in paragraph (2), before appointing an individual to fill the
vacancy or recommending to the President an individual to be
nominated to fill the vacancy, the Secretary of Defense shall
obtain the concurrence of the Director of National
Intelligence as provided in section 106(b) of the National
Security Act of 1947 (50 U.S.C. 403-6(b)).''; and
(B) in subsection (c)(1), by striking ``National Foreign
Intelligence Program'' and inserting ``National Intelligence
Program''.

Subtitle E--Roles and Missions Analysis

SEC. 941. REQUIREMENT FOR QUADRENNIAL ROLES AND MISSIONS
REVIEW.

(a) Requirement for Review.--
(1) In general.--Chapter 2 of title 10, United States Code,
is amended by inserting after section 118a the following new
section:

``Sec. 118b. Quadrennial roles and missions review

``(a) Review Required.--The Secretary of Defense shall
every four years conduct a comprehensive assessment (to be
known as the `quadrennial roles and missions review') of the
roles and missions of the armed forces and the core
competencies and capabilities of the Department of Defense to
perform and support such roles and missions.
``(b) Independent Military Assessment of Roles and
Missions.--(1) In each year in which the Secretary of Defense
is required to conduct a comprehensive assessment pursuant to
subsection (a), the Chairman of the Joint Chiefs of Staff
shall prepare and submit to the Secretary the Chairman's
assessment of the roles and missions of the armed forces and
the assignment of functions to the armed forces, together
with any recommendations for changes in assignment that the
Chairman considers necessary to achieve maximum efficiency
and effectiveness of the armed forces.
``(2) The Chairman's assessment shall be conducted so as
to--
``(A) organize the significant missions of the armed forces
into core mission areas that cover broad areas of military
activity;
``(B) ensure that core mission areas are defined and
functions are assigned so as to avoid unnecessary duplication
of effort among the armed forces; and
``(C) provide the Chairman's recommendations with regard to
issues to be addressed by the Secretary of Defense under
subsection (c).
``(c) Identification of Core Mission Areas and Core
Competencies and Capabilities.--Upon receipt of the
Chairman's assessment, and after giving appropriate
consideration to the Chairman's recommendations, the
Secretary of Defense shall identify--
``(1) the core mission areas of the armed forces;
``(2) the core competencies and capabilities that are
associated with the performance or support of a core mission
area identified pursuant to paragraph (1);
``(3) the elements of the Department of Defense (including
any other office, agency, activity, or command described in
section 111(b) of this title) that are responsible for
providing the core competencies and capabilities required to
effectively perform the core missions identified pursuant to
paragraph (1);
``(4) any gaps in the ability of the elements (or other
office, agency activity, or command) of the Department of
Defense to provide core competencies and capabilities
required to effectively perform the core missions identified
pursuant to paragraph (1);
``(5) any unnecessary duplication of core competencies and
capabilities between defense components; and
``(6) a plan for addressing any gaps or unnecessary
duplication identified pursuant to paragraph (4) or paragraph
(5).
``(d) Report.--The Secretary shall submit a report on the
quadrennial roles and missions review to the Committees on
Armed Services of the Senate and the House of
Representatives. The report shall be submitted in the year
following the year in which the review is conducted, but not
later than the date on which the President submits the budget
for the next fiscal year to Congress under section 1105(a) of
title 31.''.
(b) Repeal of Superseded Provision.--Section 118(e) of
title 10, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) Timing of Quadrennial Roles and Missions Review.--
(1) First review.--The first quadrennial roles and missions
review under section 118b of title 10, United States Code, as
added by subsection (a), shall be conducted during 2008.
(2) Subsequent reviews.--Subsequent reviews shall be
conducted every four years, beginning in 2011.

SEC. 942. JOINT REQUIREMENTS OVERSIGHT COUNCIL ADDITIONAL
DUTIES RELATING TO CORE MISSION AREAS.

(a) Revisions in Mission.--Subsection (b) of section 181 of
title 10, United States Code, is amended to read as follows:
``(b) Mission.--In addition to other matters assigned to it
by the President or Secretary

[[Page H162]]

of Defense, the Joint Requirements Oversight Council shall--
``(1) assist the Chairman of the Joint Chiefs of Staff--
``(A) in identifying, assessing, and approving joint
military requirements (including existing systems and
equipment) to meet the national military strategy; and
``(B) in identifying the core mission area associated with
each such requirement;
``(2) assist the Chairman in establishing and assigning
priority levels for joint military requirements;
``(3) assist the Chairman in reviewing the estimated level
of resources required in the fulfillment of each joint
military requirement and in ensuring that such resource level
is consistent with the level of priority assigned to such
requirement; and
``(4) assist acquisition officials in identifying
alternatives to any acquisition program that meet joint
military requirements for the purposes of section
2366a(a)(4), section 2366b(b), and section 2433(e)(2) of this
title.''.
(b) Advisors.--Section 181 of such title is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Advisors.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics, the Under Secretary
of Defense (Comptroller), and the Director of the Office of
Program Analysis and Evaluation shall serve as advisors to
the Council on matters within their authority and
expertise.''.
(c) Organization.--Section 181 of such title is further
amended by inserting after subsection (d) (as inserted by
subsection (b)) the following new subsection (e):
``(e) Organization.--The Joint Requirements Oversight
Council shall conduct periodic reviews of joint military
requirements within a core mission area of the Department of
Defense. In any such review of a core mission area, the
officer or official assigned to lead the review shall have a
deputy from a different military department.''.
(d) Definitions.--Section 181 of such title is further
amended by adding at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) The term `joint military requirement' means a
capability necessary to fulfill a gap in a core mission area
of the Department of Defense.
``(2) The term `core mission area' means a core mission
area of the Department of Defense identified under the most
recent quadrennial roles and missions review pursuant to
section 118b of this title.''.
(e) Consultation.--Section 2433(e)(2) of such title is
amended by inserting ``, after consultation with the Joint
Requirements Oversight Council regarding program
requirements,'' after ``Secretary of Defense'' in the matter
preceding subparagraph (A).
(f) Deadlines.--Effective June 1, 2009, all joint military
requirements documents of the Joint Requirements Oversight
Council produced to carry out its mission under section
181(b)(1) of title 10, United States Code, shall reference
the core mission areas organized and defined under section
118b of such title. Not later than October 1, 2009, all such
documents produced before June 1, 2009, shall reference such
structure.

SEC. 943. REQUIREMENT FOR CERTIFICATION OF MAJOR SYSTEMS
PRIOR TO TECHNOLOGY DEVELOPMENT.

(a) Requirement for Certification.--
(1) In general.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2366a the
following new section:

``Sec. 2366b. Major defense acquisition programs:
certification required before Milestone A or Key Decision
Point A approval

``(a) Certification.--A major defense acquisition program
may not receive Milestone A approval, or Key Decision Point A
approval in the case of a space program, until the Milestone
Decision Authority certifies, after consultation with the
Joint Requirements Oversight Council on matters related to
program requirements and military needs--
``(1) that the system fulfills an approved initial
capabilities document;
``(2) that the system is being executed by an entity with a
relevant core competency as identified by the Secretary of
Defense under section 118b of this title;
``(3) if the system duplicates a capability already
provided by an existing system, the duplication provided by
such system is necessary and appropriate; and
``(4) that a cost estimate for the system has been
submitted and that the level of resources required to develop
and procure the system is consistent with the priority level
assigned by the Joint Requirements Oversight Council.
``(b) Notification.--With respect to a major system
certified by the Milestone Decision Authority under
subsection (a), if the projected cost of the system, at any
time prior to Milestone B approval, exceeds the cost estimate
for the system submitted at the time of the certification by
at least 25 percent, the program manager for the system
concerned shall notify the Milestone Decision Authority. The
Milestone Decision Authority, in consultation with the Joint
Requirements Oversight Council on matters related to program
requirements and military needs, shall determine whether the
level of resources required to develop and procure the system
remains consistent with the priority level assigned by the
Joint Requirements Oversight Council. The Milestone Decision
Authority may withdraw the certification concerned or rescind
Milestone A approval (or Key Decision Point A approval in the
case of a space program) if the Milestone Decision Authority
determines that such action is in the interest of national
defense.
`` (c) Definitions.--In this section:
``(1) The term `major system' has the meaning provided in
section 2302(5) of this title.
``(2) The term `initial capabilities document' means any
capabilities requirement document approved by the Joint
Requirements Oversight Council that establishes the need for
a materiel approach to resolve a capability gap.
``(3) The term `technology development program' means a
coordinated effort to assess technologies and refine user
performance parameters to fulfill a capability gap identified
in an initial capabilities document.
``(4) The term `entity' means an entity listed in section
125a(a) of this title.
``(5) The term `Milestone B approval' has the meaning
provided that term in section 2366(e)(7) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2366b. Major defense acquisition programs: certification required
before Milestone A or Key Decision Point A approval.''.

(b) Review of Department of Defense Acquisition
Directives.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall review
Department of Defense Directive 5000.1 and associated
guidance, and the manner in which such directive and guidance
have been implemented, and take appropriate steps to ensure
that the Department does not commence a technology
development program for a major weapon system without
Milestone A approval (or Key Decision Point A approval in the
case of a space program).
(c) Effective Date.--Section 2366b of title 10, United
States Code, as added by subsection (a), shall apply to major
systems on and after March 1, 2008.

SEC. 944. PRESENTATION OF FUTURE-YEARS MISSION BUDGET BY CORE
MISSION AREA.

(a) Time of Submission of Future-Years Mission Budget.--The
second sentence of section 222(a) of title 10, United States
Code, is amended to read as follows: ``That budget shall be
submitted for any fiscal year with the future-years defense
program submitted under section 221 of this title.''.
(b) Organization of Future-Years Mission Budget.--The
second sentence of section 222(b) of such title is amended by
striking ``on the basis'' and all that follows through the
end of the sentence and inserting the following: ``on the
basis of both major force programs and the core mission areas
identified under the most recent quadrennial roles and
missions review pursuant to section 118b of this title.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to the future-years mission budget
for fiscal year 2010 and each fiscal year thereafter.

Subtitle F--Other Matters

SEC. 951. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF
CLIMATE CHANGE ON DEPARTMENT FACILITIES,
CAPABILITIES, AND MISSIONS.

(a) Consideration of Climate Change Effect.--Section 118 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(g) Consideration of Effect of Climate Change on
Department Facilities, Capabilities, and Missions.--(1) The
first national security strategy and national defense
strategy prepared after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2008 shall
include guidance for military planners--
``(A) to assess the risks of projected climate change to
current and future missions of the armed forces;
``(B) to update defense plans based on these assessments,
including working with allies and partners to incorporate
climate mitigation strategies, capacity building, and
relevant research and development; and
``(C) to develop the capabilities needed to reduce future
impacts.
``(2) The first quadrennial defense review prepared after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2008 shall also examine the
capabilities of the armed forces to respond to the
consequences of climate change, in particular, preparedness
for natural disasters from extreme weather events and other
missions the armed forces may be asked to support inside the
United States and overseas.
``(3) For planning purposes to comply with the requirements
of this subsection, the Secretary of Defense shall use--
``(A) the mid-range projections of the fourth assessment
report of the Intergovernmental Panel on Climate Change;
``(B) subsequent mid-range consensus climate projections if
more recent information is available when the next national
security strategy, national defense strategy, or quadrennial
defense review, as the case may be, is conducted; and
``(C) findings of appropriate and available estimations or
studies of the anticipated

[[Page H163]]

strategic, social, political, and economic effects of global
climate change and the implications of such effects on the
national security of the United States.
``(4) In this subsection, the term `national security
strategy' means the annual national security strategy report
of the President under section 108 of the National Security
Act of 1947 (50 U.S.C. 404a).''.
(b) Implementation.--The Secretary of Defense shall ensure
that subsection (g) of section 118 of title 10, United States
Code, as added by subsection (a), is implemented in a manner
that does not have a negative impact on the national security
of the United States.

SEC. 952. INTERAGENCY POLICY COORDINATION.

(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
develop and submit to Congress a plan to improve and reform
the Department of Defense's participation in and contribution
to the interagency coordination process on national security
issues.
(b) Elements.--The elements of the plan shall include the
following:
(1) Assigning either the Under Secretary of Defense for
Policy or another official to be the lead policy official for
improving and reforming the interagency coordination process
on national security issues for the Department of Defense,
with an explanation of any decision to name an official other
than the Under Secretary and the relative advantages and
disadvantages of such decision.
(2) Giving the official assigned under paragraph (1) the
following responsibilities:
(A) To be the lead person at the Department of Defense for
the development of policy affecting the national security
interagency process.
(B) To serve, or designate a person to serve, as the
representative of the Department of Defense in Federal
Government forums established to address interagency policy,
planning, or reforms.
(C) To advocate, on behalf of the Secretary, for greater
interagency coordination and contributions in the execution
of the National Security Strategy and particularly specific
operational objectives undertaken pursuant to that strategy.
(D) To make recommendations to the Secretary of Defense on
changes to existing Department of Defense regulations or laws
to improve the interagency process.
(E) To serve as the coordinator for all planning and
training assistance that is--
(i) designed to improve the interagency process or the
capabilities of other agencies to work with the Department of
Defense; and
(ii) provided by the Department of Defense at the request
of other agencies.
(F) To serve as the lead official in Department of Defense
for the development of deployable joint interagency task
forces.
(c) Factors To Be Considered.--In drafting the plan, the
Secretary of Defense shall also consider the following
factors:
(1) How the official assigned under subsection (b)(1) shall
provide input to the Secretary of Defense on an ongoing basis
on how to incorporate the need to coordinate with other
agencies into the establishment and reform of combatant
commands.
(2) How such official shall develop and make
recommendations to the Secretary of Defense on a regular or
an ongoing basis on changes to military and civilian
personnel to improve interagency coordination.
(3) How such official shall work with the combatant command
that has the mission for joint warfighting experimentation
and other interested agencies to develop exercises to test
and validate interagency planning and capabilities.
(4) How such official shall lead, coordinate, or
participate in after-action reviews of operations, tests, and
exercises to capture lessons learned regarding the
functioning of the interagency process and how those lessons
learned will be disseminated.
(5) The role of such official in ensuring that future
defense planning guidance takes into account the capabilities
and needs of other agencies.
(d) Recommendation on Changes in Law.--The Secretary of
Defense may submit with the plan or with any future budget
submissions recommendations for any changes to law that are
required to enhance the ability of the official assigned
under subsection (b)(1) in the Department of Defense to
coordinate defense interagency efforts or to improve the
ability of the Department of Defense to work with other
agencies.
(e) Annual Report.--If an official is named by the
Secretary of Defense under subsection (b)(1), the official
shall annually submit to Congress a report, beginning in the
fiscal year following the naming of the official, on those
actions taken by the Department of Defense to enhance
national security interagency coordination, the views of the
Department of Defense on efforts and challenges in improving
the ability of agencies to work together, and suggestions on
changes needed to laws or regulations that would enhance the
coordination of efforts of agencies.
(f) Definition.--In this section, the term ``interagency
coordination'', within the context of Department of Defense
involvement, means the coordination that occurs between
elements of the Department of Defense and engaged Federal
Government agencies for the purpose of achieving an
objective.
(g) Construction.--Nothing in this provision shall be
construed as preventing the Secretary of Defense from naming
an official with the responsibilities listed in subsection
(b) before the submission of the report required under this
section.

SEC. 953. EXPANSION OF EMPLOYMENT CREDITABLE UNDER SERVICE
AGREEMENTS UNDER NATIONAL SECURITY EDUCATION
PROGRAM.

Paragraph (2) of subsection (b) of section 802 of the David
L. Boren National Security Education Act of 1991 (50 U.S.C.
1902), as most recently amended by section 945 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2367), is amended--
(1) in subparagraph (A)--
(A) in clause (i) by striking ``or'' at the end; and
(B) by adding at the end the following:
``(iii) for not less than one academic year in a position
in the field of education in a discipline related to the
study supported by the program if the recipient demonstrates
to the Secretary of Defense that no position is available in
the departments, agencies, and offices covered by clauses (i)
and (ii); or''; and
(2) in subparagraph (B)--
(A) in clause (i) by striking ``or'' at the end;
(B) in clause (ii) by striking ``and'' at the end and
inserting ``or''; and
(C) by adding at the end the following:
``(iii) for not less than one academic year in a position
in the field of education in a discipline related to the
study supported by the program if the recipient demonstrates
to the Secretary of Defense that no position is available in
the departments, agencies, and offices covered by clauses (i)
and (ii); and''.

SEC. 954. BOARD OF REGENTS FOR THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.

(a) Reorganization and Amendment of Board of Regents
Provisions.--
(1) In general.--Chapter 104 of title 10, United States
Code, is amended by inserting after section 2113 the
following new section:

``Sec. 2113a. Board of Regents

``(a) In General.--To assist the Secretary of Defense in an
advisory capacity, there is a Board of Regents of the
University.
``(b) Membership.--The Board shall consist of--
``(1) nine persons outstanding in the fields of health and
health education who shall be appointed from civilian life by
the Secretary of Defense;
``(2) the Secretary of Defense, or his designee, who shall
be an ex officio member;
``(3) the surgeons general of the uniformed services, who
shall be ex officio members; and
``(4) the President of the University, who shall be a
nonvoting ex officio member.
``(c) Term of Office.--The term of office of each member of
the Board (other than ex officio members) shall be six years
except that--
``(1) any member appointed to fill a vacancy occurring
before the expiration of the term for which his predecessor
was appointed shall be appointed for the remainder of such
term; and
``(2) any member whose term of office has expired shall
continue to serve until his successor is appointed.
``(d) Chairman.--One of the members of the Board (other
than an ex officio member) shall be designated by the
Secretary as Chairman. He shall be the presiding officer of
the Board.
``(e) Compensation.--Members of the Board (other than ex
officio members) while attending conferences or meetings or
while otherwise performing their duties as members shall be
entitled to receive compensation at a rate to be fixed by the
Secretary and shall also be entitled to receive an allowance
for necessary travel expenses while so serving away from
their place of residence.
``(f) Meetings.--The Board shall meet at least once a
quarter.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2113a. Board of Regents.''.

(3) Conforming amendments.--
(A) Section 2113 of title 10, United States Code, is
amended--
(i) in subsection (a), by striking ``To assist'' and all
that follows through the end of paragraph (4);
(ii) by striking subsections (b), (c), and (e);
(iii) by redesignating subsections (d), (f), (g), (h), (i),
and (j) as subsections (b), (c), (d), (e), (f), and (g),
respectively; and
(iv) in subsection (b), as so redesignated, by striking
``who shall also serve as a nonvoting ex officio member of
the Board''.
(B) Section 2114(h) of such title is amended by striking
``2113(h)'' and inserting ``2113(e)''.
(b) Statutory Redesignation of Dean as President.--
(1) Subsection 2113 of such title is further amended by
striking ``Dean'' each place it appears in subsections (b)
and (c)(1), as redesignated by subsection (a)(3), and
inserting ``President''.
(2) Section 2114(e) of such title is amended by striking
``Dean'' each place it appears in paragraphs (3) and (5).

SEC. 955. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SCHOOL OF
NURSING.

(a) Establishment Plan Required.--Not later than February
1, 2008, the Secretary of Defense shall submit to the
congressional defense committees a plan to establish a School
of Nursing within the Uniformed Services University of the
Health Sciences.

[[Page H164]]

The Secretary shall develop the plan in consultation with the
Board of Regents of the Uniformed Services University of the
Health Sciences and submit the plan to the Board of Regents
for review and to solicit the Board's recommendations.
(b) Programs of Instruction.--In consultation with the
Secretaries of the military departments, the Secretary of
Defense shall include in the plan required by subsection (a)
programs of instruction for the School of Nursing that would
lead to the award of a bachelor of science in nursing and
such other baccalaureate or graduate degrees in nursing as
the Secretary considers appropriate. The plan shall also
address the enrollment as students of enlisted members and
officers of the Armed Forces and civilians for the purpose of
commissioning them as military nursing officers upon
graduation. The graduates of such a program of instruction
shall be fully eligible to meet credentialing and licensing
requirements of the military departments and at least one
State in their program of study.
(c) Consideration of Certain Programs.--In developing the
plan under subsection (a), the Secretary shall consider the
inclusion of the following types of programs:
(1) A program to enroll students who already possess an
associate degree in nursing so that they can earn a bachelor
of science in nursing.
(2) A program to enroll students who already possess other
associate degrees so that they can earn a bachelor of science
in nursing.
(3) A program to enroll students who already possess an
associate degree in nursing so that they can earn a master of
science in nursing.
(4) A program to enroll students who already possess a
bachelor of science in nursing so that they can earn a master
of science in nursing.
(d) Other Considerations.--The plan required by subsection
(a) shall also include the following:
(1) The results of a study of the nursing shortage in the
Department of Defense and the reasons for such shortages.
(2) Details of the curriculum and degree requirements for
each category of students at the School of Nursing, if
established.
(3) An analysis of the contributions to overall medical
readiness that will be made by the School of Nursing.
(4) Proposals for the development of the School of Nursing
to be phased in over a period of time.
(5) Faculty requirements based on degree requirements and
numbers of projected students, to include the source and
number of faculty required.
(6) Projected number of graduates per year for each of the
first 15 years of operation.
(7) Predicted accession sources, military career paths, and
service commitments and retention rates of School of Nursing
graduates, to include the retention of enlisted personnel
accessed into the school.
(8) Administrative and instructional facilities required,
and the likely initial and final location of clinical
training institutions.
(9) Plan for accreditation by a nationally recognized
nursing school accrediting body.
(10) Projected faculty, administration, instruction, and
facilities costs for the School of Nursing beginning in
fiscal year 2009 and continuing through fiscal year 2024,
including the cost analysis of developing the School of
Nursing and the cost of additional administrative support for
the Uniformed Services University of the Health Sciences on
account of the establishment of the school.
(e) Effect on Current Programs.--Notwithstanding the
development of the plan under subsection (a), the Secretary
shall ensure that graduate degree programs in nursing,
including advanced practice nursing, continue.
(f) Effect on Other Recruitment Efforts.--Nothing in this
section shall be construed as limiting or terminating any
current or future program related to the recruitment,
accession, training, or retention of military nurses.
(g) Establishment Authority.--
(1) Establishment.--Chapter 104 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2117. School of Nursing

``(a) Establishment Authorized.--The Secretary of Defense
may establish a School of Nursing within the University. The
School of Nursing may include a program that awards a
bachelor of science in nursing.
``(b) Phased Development.--The School of Nursing may be
developed in phases as determined appropriate by the
Secretary.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2117. School of Nursing.''.

SEC. 956. INCLUSION OF COMMANDERS OF WESTERN HEMISPHERE
COMBATANT COMMANDS IN BOARD OF VISITORS OF
WESTERN HEMISPHERE INSTITUTE FOR SECURITY
COOPERATION.

Subparagraph (F) of section 2166(e)(1) of title 10, United
States Code, is amended to read as follows:
``(F) The commanders of the combatant commands having
geographic responsibility for the Western Hemisphere, or the
designees of those officers.''.

SEC. 957. COMPTROLLER GENERAL ASSESSMENT OF REORGANIZATION OF
THE OFFICE OF THE UNDER SECRETARY OF DEFENSE
FOR POLICY.

(a) Assessment Required.--Not later than June 1, 2008, the
Comptroller General of the United States shall submit to the
congressional defense committees a report containing an
assessment of the most recent reorganization of the office of
the Under Secretary of Defense for Policy, including an
assessment with respect to the matters set forth in
subsection (b).
(b) Matters To Be Assessed.--The matters to be included in
the assessment required by subsection (a) are as follows:
(1) The manner in which the reorganization of the office
furthers, or will further, its stated purposes in the short-
term and long-term, including the manner in which the
reorganization enhances, or will enhance, the ability of the
Department of Defense--
(A) to address current security priorities, including on-
going military operations in Iraq, Afghanistan, and
elsewhere;
(B) to manage geopolitical defense relationships; and
(C) to anticipate future strategic shifts in those
relationships.
(2) The manner in which and the extent to which the
reorganization adheres to generally accepted principles of
effective organization, such as establishing clear goals,
identifying clear lines of authority and accountability, and
developing an effective human capital strategy.
(3) The extent to which the Department has developed
detailed implementation plans for the reorganization, and the
current status of the implementation of all aspects of the
reorganization.
(4) The extent to which the Department has worked to
mitigate congressional concerns and address other challenges
that have arisen since the reorganization was announced.
(5) The manner in which the Department plans to evaluate
progress in achieving the stated goals of the reorganization
and what measurements, if any, the Department has established
to assess the results of the reorganization.
(6) The impact of the large increase in responsibilities
for the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict and Interdependent Capabilities
under the reorganization on the ability of the Assistant
Secretary to carry out the principal duties of the Assistant
Secretary under law.
(7) The possible decrease in attention given to special
operations issues resulting from the increase in
responsibilities for the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict and
Interdependent Capabilities, including responsibility under
the reorganization for each of the following:
(A) Strategic capabilities.
(B) Forces transformation.
(C) Major budget programs.
(8) The possible diffusion of attention from
counternarcotics, counterproliferation, and global threat
issues resulting from the merging of those responsibilities
under a single Deputy Assistant Secretary of Defense for
Counternarcotics, Counterproliferation, and Global Threats.
(9) The impact of the reorganization on counternarcotics
program execution.
(10) The unique placement under the reorganization of both
functional and regional issue responsibilities under the
Assistant Secretary of Defense for Homeland Defense and
Americas' Security Affairs.
(11) The differentiation between the responsibilities of
the Deputy Assistant Secretary of Defense for Partnership
Strategy and the Deputy Assistant Secretary of Defense for
Coalition Affairs and the relationship between such
officials.

SEC. 958. REPORT ON FOREIGN LANGUAGE PROFICIENCY.

(a) In General.--Not later than 240 days after the date of
the enactment of this Act, and annually thereafter until the
date referred to in subsection (d), the Secretary of Defense,
in conjunction with the Secretary of each military
department, shall submit to the congressional defense
committees a report on the foreign language proficiency of
the personnel of the Department of Defense.
(b) Contents.--Each report submitted under subsection (a)
shall include--
(1) the number of positions, identified by each foreign
language and dialect, for each military department and
Defense Agency concerned that--
(A) require proficiency in that foreign language or dialect
for the year in which the submission of the report is
required;
(B) are anticipated to require proficiency in that foreign
language or dialect for each of the five years following the
date of the submission of the report; and
(C) are authorized in the future-years defense plan to be
maintained for proficiency in a foreign language or dialect;
(2) the number of personnel for each military department
and Defense Agency, identified by each foreign language and
dialect, that are serving in a position that requires
proficiency in the foreign language or dialect--
(A) to perform the primary duty of the position; and
(B) that meet the required level of proficiency of the
Interagency Language Roundtable;
(3) the number of personnel for each military department
and Defense Agency, identified by each foreign language and
dialect, that are recruited or hired as accessions to serve
in a position that requires proficiency in the foreign
language or dialect;

[[Page H165]]

(4) the number of personnel for each military department
and Defense Agency, identified by each foreign language and
dialect, that served in a position that requires proficiency
in the foreign language or dialect and discontinued service
during the preceding calendar year;
(5) the number of positions that require proficiency in a
foreign language or dialect that are fulfilled by
contractors;
(6) the percentage of work requiring linguistic skills that
is fulfilled by personnel of the intelligence community (as
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4))); and
(7) an assessment of the foreign language capacity and
capabilities of each military department and Defense Agency
and of the Department of Defense as a whole.
(c) Non-Military Personnel.--Except as provided in
paragraphs (6) and (7) of subsection (b), a report submitted
under subsection (a) shall cover only members of the Armed
Forces on active duty and reserve duty assigned to the
military departments concerned or to the Department of
Defense.
(d) Termination of Requirement.--The duty to submit a
report under subsection (a) shall terminate on December 31,
2013.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Subtitle B--Policy Relating to Vessels and Shipyards

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

Subtitle C--Counter-Drug Activities

Subtitle D--Miscellaneous Authorities and Limitations

Subtitle E--Reports

Subtitle F--Other Matters

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

Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2008 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$5,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).

SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2008.

(a) Fiscal Year 2008 Limitation.--The total amount
contributed by the Secretary of Defense in fiscal year 2008
for the common-funded budgets of NATO may be any amount up
to, but not in excess of, the amount specified in subsection
(b) (rather than the maximum amount that would otherwise be
applicable to those contributions under the fiscal year 1998
baseline limitation).
(b) Total Amount.--The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2007, of funds appropriated for fiscal years
before fiscal year 2008 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be
appropriated by titles II and III of this Act are available
for contributions for the common-funded budgets of NATO as
follows:
(1) Of the amount provided in section 201(1), $1,031,000
for the Civil Budget.

[[Page H166]]

(2) Of the amount provided in section 301(1), $362,159,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the
North Atlantic Treaty Organization (and any successor or
additional account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.

SEC. 1003. AUTHORIZATION OF ADDITIONAL EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 2007.

Amounts authorized to be appropriated to the Department of
Defense for fiscal year 2007 in the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364) are hereby adjusted, with respect to any such
authorized amount, by the amount by which appropriations
pursuant to such authorization are increased by a
supplemental appropriation or by a transfer of funds, or
decreased by a rescission, or any thereof, pursuant to the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28).

SEC. 1004. MODIFICATION OF FISCAL YEAR 2007 GENERAL TRANSFER
AUTHORITY.

Section 1001(a) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2371) is amended by adding at the end the following
new paragraph:
``(3) Exception for certain transfers.--The following
transfers of funds shall be not be counted toward the
limitation in paragraph (2) on the amount that may be
transferred under this section:
``(A) The transfer of funds to the Iraq Security Forces
Fund under reprogramming FY07-07-R PA.
``(B) The transfer of funds to the Joint Improvised
Explosive Device Defeat Fund under reprogramming FY07-11 PA.
``(C) The transfer of funds back from the accounts referred
to in subparagraphs (A) and (B) to restore the sources used
in the reprogrammings referred to in such subparagraphs.''.

SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION INITIATIVE FOR
THE DEFENSE AGENCIES.

(a) Financial Management Transformation Initiative.--
(1) In general.--The Director of the Business
Transformation Agency of the Department of Defense shall
carry out an initiative for financial management
transformation in the Defense Agencies. The initiative shall
be known as the ``Defense Agencies Initiative'' (in this
section referred to as the ``Initiative'').
(2) Scope of authority.--In carrying out the Initiative,
the Director of the Business Transformation Agency may
require the heads of the Defense Agencies to carry out
actions that are within the purpose and scope of the
Initiative.
(b) Purposes.--The purposes of Initiative shall be as
follows:
(1) To eliminate or replace financial management systems of
the Defense Agencies that are duplicative, redundant, or fail
to comply with the standards set forth in subsection (d).
(2) To transform the budget, finance, and accounting
operations of the Defense Agencies to enable the Defense
Agencies to achieve accurate and reliable financial
information needed to support financial accountability and
effective and efficient management decisions.
(c) Required Elements.--The Initiative shall include, to
the maximum extent practicable--
(1) the utilization of commercial, off-the-shelf
technologies and web-based solutions;
(2) a standardized technical environment and an open and
accessible architecture; and
(3) the implementation of common business processes, shared
services, and common data structures.
(d) Standards.--In carrying out the Initiative, the
Director of the Business Transformation Agency shall ensure
that the Initiative is consistent with--
(1) the requirements of the Business Enterprise
Architecture and Transition Plan developed pursuant to
section 2222 of title 10, United States Code;
(2) the Standard Financial Information Structure of the
Department of Defense;
(3) the Federal Financial Management Improvement Act of
1996 (and the amendments made by that Act); and
(4) other applicable requirements of law and regulation.
(e) Scope.--The Initiative shall be designed to provide, at
a minimum, capabilities in the major process areas for both
general fund and working capital fund operations of the
Defense Agencies as follows:
(1) Budget formulation.
(2) Budget to report, including general ledger and trial
balance.
(3) Procure to pay, including commitments, obligations, and
accounts payable.
(4) Order to fulfill, including billing and accounts
receivable.
(5) Cost accounting.
(6) Acquire to retire (account management).
(7) Time and attendance and employee entitlement.
(8) Grants financial management.
(f) Consultation.--In carrying out subsections (d) and (e),
the Director of the Business Transformation Agency shall
consult with the Comptroller of the Department of Defense to
ensure that any financial management systems developed for
the Defense Agencies, and any changes to the budget, finance,
and accounting operations of the Defense Agencies, are
consistent with the financial standards and requirements of
the Department of Defense.
(g) Program Control.--In carrying out the Initiative, the
Director of the Business Transformation Agency shall
establish--
(1) a board (to be known as the ``Configuration Control
Board'') to manage scope and cost changes to the Initiative;
and
(2) a program management office (to be known as the
``Program Management Office'') to control and enforce
assumptions made in the acquisition plan, the cost estimate,
and the system integration contract for the Initiative, as
directed by the Configuration Control Board.
(h) Plan on Development and Implementation of Initiative.--
Not later than six months after the date of the enactment of
this Act, the Director of the Business Transformation Agency
shall submit to the congressional defense committees a plan
for the development and implementation of the Initiative. The
plan shall provide for the implementation of an initial
capability under the Initiative as follows:
(1) In at least one Defense Agency by not later than eight
months after the date of the enactment of this Act.
(2) In not less than five Defense Agencies by not later
than 18 months after the date of the enactment of this Act.

SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE
FOR THE DEPARTMENT OF DEFENSE.

Section 1405 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 744; 31 U.S.C. 1105
note) is repealed.

Subtitle B--Policy Relating to Vessels and Shipyards

SEC. 1011. LIMITATION ON LEASING OF VESSELS.

Section 2401 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) The Secretary of a military department may make a
contract for the lease of a vessel or for the provision of a
service through use by a contractor of a vessel, the term of
which is for a period of greater than two years, but less
than five years, only if--
``(1) the Secretary has notified the Committee on Armed
Services and the Committee on Appropriations of the Senate
and the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives of the
proposed contract and included in such notification--
``(A) a detailed description of the terms of the proposed
contract and a justification for entering into the proposed
contract rather than obtaining the capability provided for by
the lease, charter, or services involved through purchase of
the vessel;
``(B) a determination that entering into the proposed
contract as a means of obtaining the vessel is the most cost-
effective means of obtaining such vessel; and
``(C) a plan for meeting the requirement provided by the
proposed contract upon completion of the term of the lease
contract; and
``(2) a period of 30 days of continuous session of Congress
has expired following the date on which notice was received
by such committees.''.

SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE
STRIKE FORCES OF THE UNITED STATES NAVY.

(a) Integrated Nuclear Power Systems.--It is the policy of
the United States to construct the major combatant vessels of
the strike forces of the United States Navy, including all
new classes of such vessels, with integrated nuclear power
systems.
(b) Requirement To Request Nuclear Vessels.--If a request
is submitted to Congress in the budget for a fiscal year for
construction of a new class of major combatant vessel for the
strike forces of the United States, the request shall be for
such a vessel with an integrated nuclear power system, unless
the Secretary of Defense submits with the request a
notification to Congress that the inclusion of an integrated
nuclear power system in such vessel is not in the national
interest.
(c) Definitions.--In this section:
(1) Major combatant vessels of the strike forces of the
united states navy.--The term ``major combatant vessels of
the strike forces of the United States Navy'' means the
following:
(A) Submarines.
(B) Aircraft carriers.
(C) Cruisers, battleships, or other large surface
combatants whose primary mission includes protection of
carrier strike groups, expeditionary strike groups, and
vessels comprising a sea base.
(2) Integrated nuclear power system.--The term ``integrated
nuclear power system'' means a ship engineering system that
uses a naval nuclear reactor as its energy source

[[Page H167]]

and generates sufficient electric energy to provide power to
the ship's electrical loads, including its combat systems and
propulsion motors.
(3) Budget.--The term ``budget'' means the budget that is
submitted to Congress by the President under section 1105(a)
of title 31, United States Code.

Subtitle C--Counter-Drug Activities

SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.

Section 1022(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note)
is amended by striking ``and 2007'' and inserting ``through
2008''.

SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL
SUPPORT FOR COUNTER-DRUG ACTIVITIES IN CERTAIN
FOREIGN COUNTRIES.

Subsection (b) of section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1881), as amended by section 1021(b) of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136, 117 Stat. 1593) and section 1022(b) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2382), is further
amended by adding at the end the following new paragraphs:
``(17) The Government of Mexico.
``(18) The Government of the Dominican Republic.''.

SEC. 1023. REPORT ON COUNTERNARCOTICS ASSISTANCE FOR THE
GOVERNMENT OF HAITI.

(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on counternarcotics assistance for the
Government of Haiti.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A description and assessment of the counternarcotics
assistance provided to the Government of Haiti by the
Department of Defense, the Department of State, the
Department of Homeland Security, and the Department of
Justice.
(2) A description and assessment of any impediments to
increasing counternarcotics assistance to the Government of
Haiti.
(3) An assessment of the potential for the provision of
counternarcotics assistance for the Government of Haiti
through the United Nations Stabilization Mission in Haiti.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.

Subtitle D--Miscellaneous Authorities and Limitations

SEC. 1031. PROVISION OF AIR FORCE SUPPORT AND SERVICES TO
FOREIGN MILITARY AND STATE AIRCRAFT.

(a) Provision of Support and Services.--
(1) In general.--Section 9626 of title 10, United States
Code, is amended to read as follows:

``Sec. 9626. Aircraft supplies and services: foreign military
or other state aircraft

``(a) Provision of Supplies and Services on Reimbursable
Basis.--(1) The Secretary of the Air Force may, under such
regulations as the Secretary may prescribe and when in the
best interests of the United States, provide any of the
supplies or services described in paragraph (2) to military
and other state aircraft of a foreign country, on a
reimbursable basis without an advance of funds, if similar
supplies and services are furnished on a like basis to
military aircraft and other state aircraft of the United
States by the foreign country concerned.
``(2) The supplies and services described in this paragraph
are supplies and services as follows:
``(A) Routine airport services, including landing and
takeoff assistance, servicing aircraft with fuel, use of
runways, parking and servicing, and loading and unloading of
baggage and cargo.
``(B) Miscellaneous supplies, including Air Force-owned
fuel, provisions, spare parts, and general stores, but not
including ammunition.
``(b) Provision of Routine Airport Services on Non-
Reimbursable Basis.--(1) Routine airport services may be
provided under this section at no cost to a foreign country--
``(A) if such services are provided by Air Force personnel
and equipment without direct cost to the Air Force; or
``(B) if such services are provided under an agreement with
the foreign country that provides for the reciprocal
furnishing by the foreign country of routine airport
services, as defined in that agreement, to military and other
state aircraft of the United States without reimbursement.
``(2) If routine airport services are provided under this
section by a working-capital fund activity of the Air Force
under section 2208 of this title and such activity is not
reimbursed directly for the costs incurred by the activity in
providing such services by reason of paragraph (1)(B), the
working-capital fund activity shall be reimbursed for such
costs out of funds currently available to the Air Force for
operation and maintenance.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 939 of such title is amended by striking
the item relating to section 9626 and inserting the following
new item:

``9626. Aircraft supplies and services: foreign military or other state
aircraft.''.

(b) Conforming Amendment.--Section 9629(3) of such title is
amended by striking ``for aircraft of a foreign military or
air attache''.

SEC. 1032. DEPARTMENT OF DEFENSE PARTICIPATION IN STRATEGIC
AIRLIFT CAPABILITY PARTNERSHIP.

(a) Authority To Participate in Partnership.--
(1) Memorandum of understanding.--The Secretary of Defense
may enter into a multilateral memorandum of understanding
authorizing the Strategic Airlift Capability Partnership to
conduct activities necessary to accomplish its purpose,
including--
(A) the acquisition, equipping, ownership, and operation of
strategic airlift aircraft; and
(B) the acquisition or transfer of airlift and airlift-
related services and supplies among members of the Strategic
Airlift Capability Partnership, or between the Partnership
and non-member countries or international organizations, on a
reimbursable basis or by replacement-in-kind or exchange of
airlift or airlift-related services of an equal value.
(2) Payments.--From funds available to the Department of
Defense for such purpose, the Secretary of Defense may pay
the United States equitable share of the recurring and non-
recurring costs of the activities and operations of the
Strategic Airlift Capability Partnership, including costs
associated with procurement of aircraft components and spare
parts, maintenance, facilities, and training, and the costs
of claims.
(b) Authorities Under Partnership.--In carrying out the
memorandum of understanding entered into under subsection
(a), the Secretary of Defense may do the following:
(1) Waive reimbursement of the United States for the cost
of the following functions performed by Department of Defense
personnel with respect to the Strategic Airlift Capability
Partnership:
(A) Auditing.
(B) Quality assurance.
(C) Inspection.
(D) Contract administration.
(E) Acceptance testing.
(F) Certification services.
(G) Planning, programming, and management services.
(2) Waive the imposition of any surcharge for
administrative services provided by the United States that
would otherwise be chargeable against the Strategic Airlift
Capability Partnership.
(3) Pay the salaries, travel, lodging, and subsistence
expenses of Department of Defense personnel assigned for duty
to the Strategic Airlift Capability Partnership without
seeking reimbursement or cost-sharing for such expenses.
(c) Crediting of Receipts.--Any amount received by the
United States in carrying out the memorandum of understanding
entered into under subsection (a) shall be credited, as
elected by the Secretary of Defense, to the following:
(1) The appropriation, fund, or account used in incurring
the obligation for which such amount is received.
(2) An appropriation, fund, or account currently providing
funds for the purposes for which such obligation was made.
(d) Authority To Transfer Aircraft.--
(1) Transfer authority.--The Secretary of Defense may
transfer one strategic airlift aircraft to the Strategic
Airlift Capability Partnership in accordance with the terms
and conditions of the memorandum of understanding entered
into under subsection (a).
(2) Report.--Not later than 30 days before the date on
which the Secretary transfers a strategic airlift aircraft
under paragraph (1), the Secretary shall submit to the
congressional defense committees a report on the strategic
airlift aircraft to be transferred, including the type of
strategic airlift aircraft to be transferred and the tail
registration or serial number of such aircraft.
(e) Strategic Airlift Capability Partnership Defined.--In
this section the term ``Strategic Airlift Capability
Partnership'' means the strategic airlift capability
consortium established by the United States and other
participating countries.

SEC. 1033. IMPROVED AUTHORITY TO PROVIDE REWARDS FOR
ASSISTANCE IN COMBATING TERRORISM.

(a) Increased Amounts.--Section 127b of title 10, United
States Code, is amended--
(1) in subsection (b), by striking ``$200,000'' and
inserting ``$5,000,000'';
(2) in subsection (c)(1)(B), by striking ``$50,000'' and
inserting ``$1,000,000''; and
(3) in subsection (d)(2), by striking ``$100,000'' and
inserting ``$2,000,000''.
(b) Involvement of Allied Forces.--Such section is further
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting
after ``United States Government personnel'' the following:
``, or government personnel of allied forces participating in
a combined operation with the armed forces,'';
(B) in paragraph (1), by inserting after ``armed forces''
the following: ``, or of allied forces participating in a
combined operation with the armed forces,''; and
(C) in paragraph (2), by inserting after ``armed forces''
the following: ``, or of allied forces participating in a
combined operation with the armed forces''; and
(2) in subsection (c), by adding at the end the following:
``(3)(A) Subject to subparagraphs (B) and (C), an official
who has authority delegated

[[Page H168]]

under paragraph (1) or (2) may use that authority, acting
through government personnel of allied forces, to offer and
make rewards.
``(B) The Secretary of Defense shall prescribe policies and
procedures for making rewards in the manner described in
subparagraph (A), which shall include guidance for the
accountability of funds used for making rewards in that
manner. The policies and procedures shall not take effect
until 30 days after the date on which the Secretary submits
the policies and procedures to the congressional defense
committees. Rewards may not be made in the manner described
in subparagraph (A) except under policies and procedures that
have taken effect.
``(C) Rewards may not be made in the manner described in
subparagraph (A) after September 30, 2009.
``(D) Not later than April 1, 2008, the Secretary of
Defense shall submit to the congressional defense committees
a report on the implementation of this paragraph. The report
shall identify each reward made in the manner described in
subparagraph (A) and, for each such reward--
``(i) identify the type, amount, and recipient of the
reward;
``(ii) explain the reason for making the reward; and
``(iii) assess the success of the reward in advancing the
effort to combat terrorism.''.
(c) Annual Report to Include Specific Information on
Additional Authority.--Section 127b of title 10, United
States Code, is further amended in subsection (f)(2) by
adding at the end the following new subparagraph:
``(D) Information on the implementation of paragraph (3) of
subsection (c).''.

SEC. 1034. SUPPORT FOR NON-FEDERAL DEVELOPMENT AND TESTING OF
MATERIAL FOR CHEMICAL AGENT DEFENSE.

(a) Authority to Provide Toxic Chemicals or Precursors.--
(1) In general.--The Secretary of Defense, in coordination
with the heads of other elements of the Federal Government,
may make available, to a State, a unit of local government,
or a private entity incorporated in the United States, small
quantities of a toxic chemical or precursor for the
development or testing, in the United States, of material
that is designed to be used for protective purposes.
(2) Terms and conditions.--Any use of the authority under
paragraph (1) shall be subject to such terms and conditions
as the Secretary considers appropriate.
(b) Payment of Costs and Disposition of Funds.--
(1) In general.--The Secretary shall ensure, through the
advance payment required by paragraph (2) and through any
other payments that may be required, that a recipient of
toxic chemicals or precursors under subsection (a) pays for
all actual costs, including direct and indirect costs,
associated with providing the toxic chemicals or precursors.
(2) Advance payment.--In carrying out paragraph (1), the
Secretary shall require each recipient to make an advance
payment in an amount that the Secretary determines will equal
all such actual costs.
(3) Credits.--A payment received under this subsection
shall be credited to the account that was used to cover the
costs for which the payment was provided. Amounts so credited
shall be merged with amounts in that account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as other amounts in that account.
(c) Chemical Weapons Convention.--The Secretary shall
ensure that toxic chemicals and precursors are made available
under this section for uses and in quantities that comply
with the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction, signed at Paris on January 13, 1993, and
entered into force with respect to the United States on April
29, 1997.
(d) Report.--
(1) Not later than March 15, 2008, and each year
thereafter, the Secretary shall submit to Congress a report
on the use of the authority under subsection (a) during the
previous calendar year. The report shall include a
description of each use of the authority and specify what
material was made available and to whom it was made
available.
(2) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(e) Definitions.--In this section, the terms ``precursor'',
``protective purposes'', and ``toxic chemical'' have the
meanings given those terms in the convention referred to in
subsection (c), in paragraph 2, paragraph 9(b), and paragraph
1, respectively, of article II of that convention.

SEC. 1035. PROHIBITION ON SALE OF F-14 FIGHTER AIRCRAFT AND
RELATED PARTS.

(a) Prohibition on Sale by Department of Defense.--
(1) In general.--Except as provided in paragraph (2), the
Department of Defense may not sell (whether directly or
indirectly) any F-14 fighter aircraft, any parts unique to
the F-14 fighter aircraft, or any tooling or dies used in the
manufacture of such aircraft or parts, whether such sales
occur through the Defense Reutilization and Marketing Service
or through another agency or element of the Department.
(2) Exception.--Paragraph (1) shall not apply with respect
to the sale of F-14 fighter aircraft or parts for F-14
fighter aircraft to a museum or similar organization located
in the United States that is involved in the preservation of
F-14 fighter aircraft for historical purposes.
(b) Prohibition on Export License.--No license for the
export of any F-14 fighter aircraft, any parts unique to the
F-14 fighter aircraft, or any tooling or dies used in the
manufacture of such aircraft or parts may be issued by the
United States Government to a non-United States person or
entity.

Subtitle E--Reports

SEC. 1041. EXTENSION AND MODIFICATION OF REPORT RELATING TO
HARDENED AND DEEPLY BURIED TARGETS.

Section 1032 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2643; 10 U.S.C. 2358 note) is amended--
(1) in the heading, by striking ``ANNUAL REPORT ON
WEAPONS'' and inserting ``REPORT ON WEAPONS AND
CAPABILITIES'';
(2) in subsection (a)--
(A) in the heading, by striking ``Annual'';
(B) by striking ``April 1 of each year'' and inserting
``March 1, 2009, and every two years thereafter,'';
(C) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence'';
(D) by striking ``the preceding fiscal year'' and inserting
``the preceding two fiscal years and planned for the current
fiscal year and the next fiscal year''; and
(E) by striking ``to develop weapons'' and inserting ``to
develop weapons and capabilities'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``The report for a fiscal year'' and inserting ``A report
submitted'';
(B) in paragraph (1), by striking ``were undertaken during
that fiscal year'' and inserting ``were or will be undertaken
during the four-fiscal-year period covered by the report'';
and
(C) in paragraph (2) in the matter preceding subparagraph
(A), by striking ``were undertaken during such fiscal year''
and inserting ``were or will be undertaken during the four-
fiscal-year period covered by the report''; and
(4) in subsection (d), by striking ``April 1, 2007'' and
inserting ``March 1, 2013''.

SEC. 1042. REPORT ON JOINT MODELING AND SIMULATION
ACTIVITIES.

(a) Report Required.--Not later than December 31, 2008, the
Secretary of Defense shall submit to the congressional
defense committees a report that describes current and
planned joint modeling and simulation activities within the
Department of Defense.
(b) Matters to Be Included.--The report under subsection
(a) shall include the following:
(1) An identification and description of how joint modeling
and simulation activities support the development of
capabilities to meet joint and service-unique military
requirements and needs, in areas including but not limited to
joint training, experimentation, systems acquisition, test
and evaluation, assessment, and planning.
(2) A description of how joint modeling and simulation
activities are supportive of Department-level strategies and
goals.
(3) For each appropriate element of the Department of
Defense and each appropriate combatant command--
(A) An identification of modeling and simulation
capabilities; and
(B) A description of plans and programs to continuously
introduce new modeling and simulation technologies so as to
enhance defense capabilities.
(4) A description of incentives and plans to reduce or
divest duplicative or outdated capabilities as necessary.
(5) Plans or activities to allow non-defense users to
access defense joint modeling and simulation activities, as
appropriate.
(6) Budget and resource estimates, including government and
contractor personnel requirements, for planned joint modeling
and simulation activities.
(7) A description of the relationship and coordination
between and among joint modeling and simulation activities
and the modeling and simulation activities of elements of the
Department of Defense, Federal agencies, State and local
governments, academia, private industry, United States and
international standards organizations, and international
partners.
(8) Any other matters the Secretary considers appropriate.
(c) Consultation.--The report under (a) shall be developed
in consultation with appropriate military departments,
Defense Agencies, combatant commands, and other defense
activities.

SEC. 1043. RENEWAL OF SUBMITTAL OF PLANS FOR PROMPT GLOBAL
STRIKE CAPABILITY.

Section 1032(b)(1) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1605;
10 U.S.C. 113 note) is amended by inserting ``and each of
2007, 2008, and 2009,'' after ``2004, 2005, and 2006,''.

SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUPPORT THE
NUCLEAR MISSIONS OF THE NAVY AND THE DEPARTMENT
OF ENERGY.

(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Energy shall each submit to Congress a report on
the requirements for a workforce to support the nuclear
missions of the Navy and the Department of Energy during the
10-year period beginning on the date of the report.

[[Page H169]]

(b) Elements.--Each report shall include--
(1) a description of the projected nuclear missions of the
Navy and the Department of Energy during the 10-year period
beginning on the date of the report;
(2) an assessment of existing knowledge retention programs
within the Department of Defense, the Department of Energy,
the national laboratories, and federally funded research
facilities that support the nuclear missions of the Navy and
the Department of Energy, and any planned changes in those
programs; and
(3) a plan to address anticipated workforce attrition,
retirement, and recruiting trends during that period and
ensure an adequate workforce in support of the nuclear
missions of the Navy and the Department of Energy.

SEC. 1045. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE AND
ACCOUNTING SERVICE RESPONSE TO BUTTERBAUGH V.
DEPARTMENT OF JUSTICE.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the congressional defense
committees a report setting forth an assessment by the
Comptroller General of the response of the Defense Finance
and Accounting Service to the decision in Butterbaugh v.
Department of Justice (336 F.3d 1332 (2003)).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An estimate of the number of members of the reserve
components of the Armed Forces, both past and present, who
are entitled to compensation under the decision in
Butterbaugh v. Department of Justice.
(2) An assessment of the current policies, procedures, and
timeliness of the Defense Finance and Accounting Service in
implementing and resolving claims under the decision in
Butterbaugh v. Department of Justice.
(3) An assessment whether or not the decisions made by the
Defense Finance and Accounting Service in implementing the
decision in Butterbaugh v. Department of Justice follow a
consistent pattern of resolution.
(4) An assessment of whether or not the decisions made by
the Defense Finance and Accounting Service in implementing
the decision in Butterbaugh v. Department of Justice are
resolving claims by providing more compensation than an
individual has been able to prove, under the rule of
construction that laws providing benefits to veterans are
liberally construed in favor of the veteran.
(5) An estimate of the total amount of compensation payable
to members of the reserve components of the Armed Forces,
both past and present, as a result of the recent decision in
Hernandez v. Department of the Air Force (No. 2006-3375, slip
op.) that leave can be reimbursed for Reserve service before
1994, when Congress enacted chapter 43 of title 38, United
States Code (commonly referred to as the ``Uniformed Services
Employment and Reemployment Rights Act'').
(6) A comparative assessment of the handling of claims by
the Defense Finance and Accounting Service under the decision
in Butterbaugh v. Department of Justice with the handling of
claims by other Federal agencies (selected by the Comptroller
General for purposes of the comparative assessment) under
that decision.
(7) A statement of the number of claims by members of the
reserve components of the Armed Forces under the decision in
Butterbaugh v. Department of Justice that have been
adjudicated by the Defense Finance and Accounting Service.
(8) A statement of the number of claims by members of the
reserve components of the Armed Forces under the decision in
Butterbaugh v. Department of Justice that have been denied by
the Defense Finance and Accounting Service.
(9) A comparative assessment of the average amount of time
required for the Defense Finance and Accounting Service to
resolve a claim under the decision in Butterbaugh v.
Department of Justice with the average amount of time
required by other Federal agencies (as so selected) to
resolve a claim under that decision.
(10) A comparative statement of the backlog of claims with
the Defense Finance and Accounting Service under the decision
in Butterbaugh v. Department of Justice with the backlog of
claims of other Federal agencies (as so selected) under that
decision.
(11) An estimate of the amount of time required for the
Defense Finance and Accounting Service to resolve all
outstanding claims under the decision in Butterbaugh v.
Department of Justice.
(12) An assessment of the reasonableness of the requirement
of the Defense Finance and Accounting Service for the
submittal by members of the reserve components of the Armed
Forces of supporting documentation for claims under the
decision in Butterbaugh v. Department of Justice.
(13) A comparative assessment of the requirement of the
Defense Finance and Accounting Service for the submittal by
members of the reserve components of the Armed Forces of
supporting documentation for claims under the decision in
Butterbaugh v. Department of Justice with the requirement of
other Federal agencies (as so selected) for the submittal by
such members of supporting documentation for such claims.
(14) Such recommendations for legislative action as the
Comptroller General considers appropriate in light of the
decision in Butterbaugh v. Department of Justice and the
decision in Hernandez v. Department of the Air Force.

SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT FORCE.

(a) Study Required.--The Secretary of Defense shall conduct
a requirements-based study on alternatives for the proper
size and mix of fixed-wing intratheater and intertheater
airlift assets to meet the National Military Strategy for
each of the following timeframes: fiscal year 2012, 2018, and
2024. The study shall--
(1) focus on organic and commercially programmed airlift
capabilities;
(2) analyze the full-spectrum lifecycle costs of the
various alternatives for organic models of each of the
following aircraft: C-5A/B/C/M, C-17A, KC-X, KC-10, KC-135R,
C-130E/H/J, Joint Cargo Aircraft; and
(3) incorporate the augmentation capability, viability, and
feasibility of the Civil Reserve Air Fleet during activation
stages I, II, and III.
(b) Use of FFRDC.--The Secretary shall select, to carry out
the study required by subsection (a), a federally funded
research and development center that has experience and
expertise in conducting similar studies.
(c) Study Plan.--The study required by subsection (a) shall
be carried out under a study plan. The study plan shall be
developed as follows:
(1) The center selected under subsection (b) shall develop
the study plan and shall, not later than 60 days after the
date of enactment of this Act, submit the study plan to the
congressional defense committees, the Secretary, and the
Comptroller General of the United States.
(2) The Comptroller General shall review the study plan to
determine whether it is complete and objective, and whether
it has any flaws or weaknesses in scope or methodology, and
shall, not later than 30 days after receiving the study plan,
submit to the Secretary and the center a report that contains
the results of that review and provides any recommendations
that the Comptroller General considers appropriate for
improvements to the study plan.
(3) The center shall modify the study plan to incorporate
the recommendations under paragraph (2) and shall, not later
than 45 days after receiving that report, submit to the
Secretary and the congressional defense committees a report
on those modifications. The report shall describe each
modification and, if the modifications do not incorporate one
or more of the recommendations, shall explain the reasons for
not doing so.
(d) Elements of Study Plan.--The study plan required by
subsection (c) shall address, at minimum, the following:
(1) A description of lift requirements and operating
profiles for airlift aircraft required to meet the National
Military Strategy, including assumptions regarding the
following:
(A) Current and future military combat and support
missions.
(B) The planned force structure growth of the military
services.
(C) Potential changes in lift requirements, including the
deployment of the Future Combat Systems by the Army.
(D) New capability in airlift to be provided by the KC(X)
aircraft and the expected utilization of such capability,
including its use in intratheater lift.
(E) The utilization of intertheater lift aircraft in
intratheater combat mission support roles.
(F) The availability and application of Civil Reserve Air
Fleet assets in future military scenarios.
(G) Air mobility requirements associated with the Global
Rebasing Initiative of the Department of Defense.
(H) Air mobility requirements in support of worldwide
peacekeeping and humanitarian missions.
(I) Air mobility requirements in support of homeland
defense and national emergencies.
(J) The viability and capability of the Civil Reserve Air
Fleet to augment organic forces in both friendly and hostile
environments.
(K) An assessment of the Civil Reserve Air Fleet to
adequately augment the organic fleet as it relates to
commercial inventory management restructuring in response to
future commercial markets, streamlining of operations,
efficiency measures, or downsizing of the participant.
(2) An evaluation of the state of the current airlift fleet
of the Air Force, including assessments of the following:
(A) The extent to which the increased use of airlift
aircraft in on-going operations is affecting the programmed
service life of the aircraft of that fleet.
(B) The adequacy of the current airlift force, including
whether or not a minimum of 299 strategic airlift aircraft
for the Air Force is sufficient to support future
expeditionary combat and non-combat missions, as well as
domestic and training mission demands consistent with the
requirements of meeting the National Military Strategy.
(C) The optimal mix of C-5 and C-17 aircraft for the
strategic airlift fleet of the Air Force, to include the
following:
(i) The cost-effectiveness of modernizing various
iterations of the C-5A and C-5B/C aircraft fleet versus
procuring additional C-17 aircraft.
(ii) The military capability, operational availability,
usefulness, and service life of the C-5A/B/C/M aircraft and
the C-17 aircraft. Such an assessment shall examine
appropriate metrics, such as aircraft availability rates,
departure rates, and mission capable rates, in each of the
following cases:

[[Page H170]]

(I) Completion of the Avionics Modernization Program and
the Reliability Enhancement and Re-engining Program.
(II) Partial completion of the Avionics Modernization
Program and the Reliability Enhancement and Re-engining
Program, with partial completion of either such program being
considered the point at which the continued execution of each
program is no longer supported by the cost-effectiveness
analysis.

(iii) At what specific fleet inventory for each organic
aircraft, to include air refueling aircraft used in the
airlift role, would it impede the ability of Civil Reserve
Air Fleet participants to remain a viable augmentation
option.
(D) An analysis and assessment of the lessons that may be
learned from the experience of the Air Force in restarting
the production line for the C-5 aircraft after having closed
the line for several years, and recommendations for the
actions that the Department of Defense should take to ensure
that the production line for the C-17 aircraft could be
restarted if necessary, including--
(i) an analysis of the methods that were used and costs
that were incurred in closing and re-opening the production
line for the C-5 aircraft;
(ii) an assessment of the methods and actions that should
be employed and the expected costs and risks of closing and
re-opening the production line for the C-17 aircraft in view
of that experience.

Such analysis and assessment should deal with issues such as
production work force, production facilities, tooling,
industrial base suppliers, contractor logistics support
versus organic maintenance, and diminished manufacturing
sources.
(E) Assessing the military capability, operational
availability, usefulness, service life and optimal mix of
intra-theater airlift aircraft, to include--
(i) the cost-effectiveness of procuring the Joint Cargo
Aircraft versus procuring additional C-130J or refurbishing
C-130E/H platforms to meet intra-theater airlift requirements
of the combatant commander and component commands; and
(ii) the cost-effectiveness of procuring additional C-17
aircraft versus procuring additional C-130J platforms or
refurbishing C-130E/H platforms to meet intra-theater airlift
requirements of the combatant commander and component
commands.
(3) Each analysis required by paragraph (2) shall include--
(A) a description of the assumptions and sensitivity
analysis utilized in the study regarding aircraft
performances and cargo loading factors; and
(B) a comprehensive statement of the data and assumptions
utilized in making the program life cycle cost estimates and
a comparison of cost and risk associated with the optimally
mixed fleet of airlift aircraft versus the program of record
airlift aircraft fleet.
(e) Utilization of Other Studies.--The study required by
subsection (a) shall build upon the results of the 2005
Mobility Capabilities Studies, the on-going Intra-theater
Airlift Fleet Mix Analysis, the Intra-theater Lift
Capabilities Study, the Joint Future Theater Airlift
Capabilities Analysis, and other appropriate studies and
analyses, such as Fleet Viability Board Reports or special
aircraft assessments. The study shall also include any
testing data collected on modernization, recapitalization,
and upgrade efforts of current organic aircraft.
(f) Collaboration With United States Transportation
Command.--In conducting the study required by subsection (a)
and preparing the report required by subsection (c)(3), the
center shall collaborate with the commander of the United
States Transportation Command.
(g) Collaboration With Cost Analysis Improvement Group.--In
conducting the study required by subsection (a) and
constructing the analysis required by subsection (a)(2), the
center shall collaborate with the Cost Analysis Improvement
Group of the Department of Defense.
(h) Report.--Not later than January 10, 2009, the center
selected under subsection (b) shall submit to the Secretary
and the congressional defense committees a report on the
study required by subsection (a). The report shall be
submitted in unclassified form, but shall include a
classified annex.

SEC. 1047. REPORT ON FEASIBILITY OF ESTABLISHING A DOMESTIC
MILITARY AVIATION NATIONAL TRAINING CENTER.

(a) In General.--Not later than June 1, 2008, the Secretary
of Defense shall submit to the congressional defense
committees a report to determine the feasibility of
establishing a Border State Aviation Training Center (BSATC)
to support the current and future requirements of the
existing RC-26 training site for counterdrug activities,
located at the Fixed Wing Army National Guard Aviation
Training Site (FWAATS), including the domestic reconnaissance
and surveillance missions of the National Guard in support of
local, State, and Federal law enforcement agencies, provided
that the activities to be conducted at the BSATC shall not
duplicate or displace any activity or program at the RC-26
training site or the FWAATS.
(b) Content.--The report required under subsection (a)
shall--
(1) examine the current and past requirements of RC-26
aircraft in support of local, State, and Federal law
enforcement and determine the number of additional aircraft
required to provide such support for each State that borders
Canada, Mexico, or the Gulf of Mexico;
(2) determine the number of military and civilian personnel
required to run a RC-26 domestic training center meeting the
requirements identified under paragraph (1);
(3) determine the requirements and cost of locating such a
training center at a military installation for the purpose of
preempting and responding to security threats and responding
to crises; and
(4) include a comprehensive review of the number and type
of intelligence, reconnaissance, and surveillance platforms
needed for the National Guard to effectively provide domestic
operations and civil support (including homeland defense and
counterdrug) to local, State, and Federal law enforcement and
first responder entities and how those platforms would
provide additional capabilities not currently available from
the assets of other local, State, and Federal agencies.
(c) Consultation.--In preparing the report required under
subsection (a), the Secretary of Defense shall consult with
the Adjutant General of each State that borders Canada,
Mexico, or the Gulf of Mexico, the Adjutant General of the
State of West Virginia, and the National Guard Bureau.

SEC. 1048. LIMITED FIELD USER EVALUATIONS FOR COMBAT HELMET
PAD SUSPENSION SYSTEMS.

(a) In General.--The Secretary of Defense shall carry out a
limited field user evaluation and operational assessment of
qualified combat helmet pad suspension systems. The
evaluation and assessment shall be carried out using verified
product representative samples from combat helmet pad
suspension systems that are qualified as of the date of the
enactment of this Act.
(b) Report.--Not later than September 30, 2008, the
Secretary shall submit to the congressional defense
committees a report on the results of the limited field user
evaluation and operational assessment.
(c) Funding.--The limited field user evaluation and
operational assessment required by subsection (a) shall be
conducted using funds appropriated pursuant to an
authorization of appropriations or otherwise made available
for fiscal year 2008 for operation and maintenance, Army, for
soldier protection and safety.

SEC. 1049. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM.

(a) Study Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into an agreement with an independent, non-profit, non-
partisan organization to conduct a study on the national
security interagency system.
(b) Report.--The agreement entered into under subsection
(a) shall require the organization to submit to Congress and
the President a report containing the results of the study
conducted pursuant to such agreement and any recommendations
for changes to the national security interagency system
(including legislative or regulatory changes) identified by
the organization as a result of the study.
(c) Submittal Date.--The agreement entered into under
subsection (a) shall require the organization to submit the
report required under subsection (a) not later than September
1, 2008.
(d) National Security Interagency System Defined.--In this
section, the term ``national security interagency system''
means the structures, mechanisms, and processes by which the
departments, agencies, and elements of the Federal Government
that have national security missions coordinate and integrate
their policies, capabilities, expertise, and activities to
accomplish such missions.
(e) Funding.--Of the amount authorized to be appropriated
by section 301(5) for operation and maintenance for Defense-
wide activities, not more than $3,000,000 may be available to
carry out this section.

SEC. 1050. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL BASE.

(a) Report.--Not later than 190 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
status, capability, viability, and capacity of the solid
rocket motor industrial base in the United States.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An assessment of the ability to maintain the Minuteman
III intercontinental ballistic missile through its planned
operational life.
(2) An assessment of the ability to maintain the Trident II
D-5 submarine launched ballistic missile through its planned
operational life.
(3) An assessment of the ability to maintain all other
space launch, missile defense, and other vehicles with solid
rocket motors, through their planned operational lifetimes.
(4) An assessment of the ability to support projected
future requirements for vehicles with solid rocket motors to
support space launch, missile defense, or any range of
ballistic missiles determined to be necessary to meet defense
needs or other requirements of the United States Government.
(5) An assessment of the required materials, the supplier
base, the production facilities, and the production workforce
needed to ensure that current and future requirements could
be met.
(6) An assessment of the adequacy of the current and
projected industrial base support

[[Page H171]]

programs to support the full range of projected future
requirements identified in paragraph (4).

SEC. 1051. REPORTS ON ESTABLISHMENT OF A MEMORIAL FOR MEMBERS
OF THE ARMED FORCES WHO DIED IN THE AIR CRASH
IN BAKERS CREEK, AUSTRALIA, AND ESTABLISHMENT
OF OTHER MEMORIALS IN ARLINGTON NATIONAL
CEMETERY.

(a) Bakers Creek Memorial.--Not later than April 1, 2008,
the Secretary of the Army shall submit to the Committee on
Armed Services and the Committee on Veterans' Affairs of the
House of Representatives and the Committee on Armed Services
and the Committee on Veterans' Affairs of the Senate a report
containing a discussion of locations outside of Arlington
National Cemetery that would serve as a suitable location for
the establishment of a memorial to honor the memory of the 40
members of the Armed Forces of the United States who lost
their lives in the air crash at Bakers Creek, Australia, on
June 14, 1943.
(b) Memorials in Arlington National Cemetery.--Not later
than April 1, 2008, the Secretary of the Army shall submit to
the congressional committees specified in subsection (a) a
report containing--
(1) recommendations to implement the results of the study
regarding proposals for the construction of new memorials in
Arlington National Cemetery that was conducted pursuant to
section 2897 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2157); and
(2) proposed legislation, if necessary, to implement the
results of the study.

Subtitle F--Other Matters

SEC. 1061. REIMBURSEMENT FOR NATIONAL GUARD SUPPORT PROVIDED
TO FEDERAL AGENCIES.

Section 377 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``To the extent'' and
inserting ``Subject to subsection (c), to the extent''; and
(2) by striking subsection (b) and inserting the following
new subsections:
``(b)(1) Subject to subsection (c), the Secretary of
Defense shall require a Federal agency to which law
enforcement support or support to a national special security
event is provided by National Guard personnel performing duty
under section 502(f) of title 32 to reimburse the Department
of Defense for the costs of that support, notwithstanding any
other provision of law. No other provision of this chapter
shall apply to such support.
``(2) Any funds received by the Department of Defense under
this subsection as reimbursement for support provided by
personnel of the National Guard shall be credited, at the
election of the Secretary of Defense, to the following:
``(A) The appropriation, fund, or account used to fund the
support.
``(B) The appropriation, fund, or account currently
available for reimbursement purposes.
``(c) An agency to which support is provided under this
chapter or section 502(f) of title 32 is not required to
reimburse the Department of Defense for such support if the
Secretary of Defense waives reimbursement. The Secretary may
waive the reimbursement requirement under this subsection if
such support--
``(1) is provided in the normal course of military training
or operations; or
``(2) results in a benefit to the element of the Department
of Defense or personnel of the National Guard providing the
support that is substantially equivalent to that which would
otherwise be obtained from military operations or
training.''.

SEC. 1062. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE
OF THE UNITED STATES.

(a) Establishment.--There is hereby established a
commission to be known as the ``Congressional Commission on
the Strategic Posture of the United States''. The purpose of
the commission is to examine and make recommendations with
respect to the long-term strategic posture of the United
States.
(b) Composition.--
(1) Membership.--The commission shall be composed of 12
members appointed as follows:
(A) Three by the chairman of the Committee on Armed
Services of the House of Representatives.
(B) Three by the ranking minority member of the Committee
on Armed Services of the House of Representatives.
(C) Three by the chairman of the Committee on Armed
Services of the Senate.
(D) Three by the ranking minority member of the Committee
on Armed Services of the Senate.
(2) Chairman; vice chairman.--
(A) Chairman.--The chairman of the Committee on Armed
Services of the House of Representatives and the chairman of
the Committee on Armed Services of the Senate shall jointly
designate one member of the commission to serve as chairman
of the commission.
(B) Vice chairman.--The ranking minority member of the
Committee on Armed Services of the House of Representatives
and the ranking minority member of the Committee on Armed
Services of the Senate shall jointly designate one member of
the commission to serve as vice chairman of the commission.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the commission. Any vacancy in the
commission shall be filled in the same manner as the original
appointment.
(c) Duties.--
(1) Review.--The commission shall conduct a review of the
strategic posture of the United States, including a strategic
threat assessment and a detailed review of nuclear weapons
policy, strategy, and force structure.
(2) Assessment and recommendations.--
(A) Assessment.--The commission shall assess the benefits
and risks associated with the current strategic posture and
nuclear weapons policies of the United States.
(B) Recommendations.--The commission shall make
recommendations as to the most appropriate strategic posture
and most effective nuclear weapons strategy.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the
commission shall receive the full and timely cooperation of
the Secretary of Defense, the Secretary of Energy, the
Secretary of State, the Director of National Intelligence,
and any other United States Government official in providing
the commission with analyses, briefings, and other
information necessary for the fulfillment of its
responsibilities.
(2) Liaison.--The Secretary of Defense, the Secretary of
Energy, the Secretary of State, and the Director of National
Intelligence shall each designate at least one officer or
employee of the Department of Defense, the Department of
Energy, the Department of State, and the intelligence
community, respectively, to serve as a liaison officer
between the department (or the intelligence community, as the
case may be) and the commission.
(e) Report.--Not later than December 1, 2008, the
commission shall submit to the President, the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Committee on Armed Services of the Senate, and the Committee
on Armed Services of the House of Representatives a report on
the commission's findings, conclusions, and recommendations.
The report shall identify the strategic posture and nuclear
weapons strategy recommended under subsection (c)(2)(B) and
shall include--
(1) the military capabilities and force structure necessary
to support the strategy, including both nuclear and non-
nuclear capabilities that might support the strategy;
(2) the number of nuclear weapons required to support the
strategy, including the number of replacement warheads
required, if any;
(3) the appropriate qualitative analysis, including force-
on-force exchange modeling, to calculate the effectiveness of
the strategy under various scenarios;
(4) the nuclear infrastructure (that is, the size of the
nuclear complex) required to support the strategy;
(5) an assessment of the role of missile defenses in the
strategy;
(6) an assessment of the role of nonproliferation programs
in the strategy;
(7) the political and military implications of the strategy
for the United States and its allies; and
(8) any other information or recommendations relating to
the strategy (or to the strategic posture) that the
commission considers appropriate.
(f) Funding.--Of the amounts appropriated or otherwise made
available pursuant to this Act to the Department of Defense,
$5,000,000 is available to fund the activities of the
commission.
(g) Termination.--The commission shall terminate on June 1,
2009.

SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Chapter 3 is amended--
(A) by redesignating the section 127c added by section
1201(a) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2410) as
section 127d and transferring that section so as to appear
immediately after the section 127c added by section 1231(a)
of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3467); and
(B) by revising the table of sections at the beginning of
such chapter to reflect the redesignation and transfer made
by paragraph (1).
(2) Section 629(d)(1) is amended by inserting a comma after
``(a)''.
(3) Section 662(b) is amended by striking ``paragraphs (1),
(2), and (3) of subsection (a)'' and inserting ``paragraphs
(1) and (2) of subsection (a)''.
(4) Subsections (c) and (d) of section 948r are each
amended by striking ``Defense Treatment Act of 2005'' each
place it appears and inserting ``Detainee Treatment Act of
2005''.
(5) The table of sections at the beginning of subchapter VI
of chapter 47A is amended by striking the item relating to
section 950j and inserting the following:

``950j. Finality of proceedings, findings, and sentences.''.

(6) Section 950f(b) is amended by striking ``No person may
be serve'' and inserting ``No person may serve''.
(7) The heading for section 950j is amended by striking
``Finality or'' and inserting ``Finality of''.
(8) Section 1034(b)(2) is amended by inserting
``unfavorable'' before ``action'' the second place it
appears.
(9) Section 1588(d)(1)(B) is amended by striking ``the Act
of March 9, 1920, commonly known as the `Suits in Admiralty
Act' (41

[[Page H172]]

Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act of March
3, 1925, commonly known as the `Public Vessels Act' (43 Stat.
1112; 46 U.S.C. App. 781 et seq.)'' and inserting ``chapters
309 and 311 of title 46''.
(10) The table of sections at the beginning of chapter 137
is amended by striking the item relating to section 2333 and
inserting the following new item:

``2333. Joint policies on requirements definition, contingency program
management, and contingency contracting.''.

(11) The table of sections at the beginning of chapter 141
is amended by inserting a period at the end of the item
relating to section 2410p.
(12) The table of sections at the beginning of chapter 152
is amended by inserting a period at the end of the item
relating to section 2567.
(13) Section 2583(e) is amended by striking ``Dogs'' and
inserting ``Animals''.
(14) Section 2668(e) is amended by striking ``and (d)'' and
inserting ``and (e)''.
(15) Section 12304(a) is amended by striking the second
period at the end.
(16) Section 14310(d)(1) is amended by inserting a comma
after ``(a)''.
(b) Title 37, United States Code.--Section 302c(d)(1) of
title 37, United States Code, is amended by striking
``Services Corps'' and inserting ``Service Corps''.
(c) John Warner National Defense Authorization Act for
Fiscal Year 2007.--Effective as of October 17, 2006, and as
if included therein as enacted, the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364) is amended as follows:
(1) Section 333(a) (120 Stat. 2151) is amended--
(A) by striking ``Section 332(c)'' and inserting ``Section
332''; and
(B) in paragraph (1), by inserting ``in subsection (c),''
after ``(1)''.
(2) Section 348(2) (120 Stat. 2159) is amended by striking
``60 days of'' and inserting ``60 days after''.
(3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is amended by
inserting a comma after ``title''.
(4) Section 591(b)(1) (120 Stat. 2233) is amended by
inserting a period after ``this title''.
(5) Section 606(b)(1)(A) (120 Stat. 2246) is amended by
striking ``in'' and inserting ``In''.
(6) Section 670(b) (120 Stat. 2269) is amended by striking
``such title'' and inserting ``such chapter''.
(7) Section 673 (120 Stat. 2271) is amended--
(A) in subsection (a)(1), by inserting ``the second place
it appears'' before ``and inserting'';
(B) in subsection (b)(1)--
(i) by striking ``Section'' and inserting ``Subsection (a)
of section''; and
(ii) by inserting ``the second place it appears'' before
``and inserting''; and
(C) in subsection (c)(1), by inserting ``the second place
it appears'' before ``and inserting''.
(8) Section 842(a)(2) (120 Stat. 2337) is amended by
striking ``adding at the end'' and inserting ``inserting
after the item relating to section 2533a''.
(9) Section 1017(b)(2) (120 Stat. 2379; 10 U.S.C. 2631
note) is amended by striking ``section 27'' and all that
follows through the period at the end and inserting
``sections 12112 and 50501 and chapter 551 of title 46,
United States Code.''.
(10) Section 1071(f) (120 Stat. 2402) is amended by
striking ``identical'' both places it appears.
(11) Section 1231(d) (120 Stat. 2430; 22 U.S.C. 2776a(d))
is amended by striking ``note''.
(12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) is amended
by striking ``2906 of such Act'' and inserting ``2906A of
such Act''.
(13) Section 2831 (120 Stat. 2480) is amended--
(A) by striking ``Section 2667(d)'' and inserting ``Section
2667(e)''; and
(B) by inserting ``as redesignated by section 662(b)(1) of
this Act,'' after ``Code,''.
(d) Public Law 109-366.--Effective as of October 17, 2006,
and as if included therein as enacted, Public Law 109-366 is
amended as follows:
(1) Section 8(a)(3) (120 Stat. 2636) is amended by
inserting a semicolon after ``subsection''.
(2) Section 9(1) (120 Stat. 2636) is amended by striking
``No. 1.'' and inserting ``No. 1,''.
(e) National Defense Authorization Act for Fiscal Year
2006.--Effective as of January 6, 2006, and as if included
therein as enacted, the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163) is amended as
follows:
(1) Section 571 (119 Stat. 3270) is amended by striking
``931 et seq.)'' and inserting ``921 et seq.)''.
(2) Section 1052(j) (119 Stat. 3435) is amended by striking
``Section 1049'' and inserting ``Section 1409''.
(f) Military Commissions Act of 2006.--Section 7 of the
Military Commissions Act of 2006 (Public Law 109-366) is
amended by striking ``added by added by'' and inserting
``added by''.
(g) National Defense Authorization Act for Fiscal Year
2004.--The National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136) is amended as follows:
(1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 1076b note)
is amended by striking ``those program'' and inserting
``those programs''.
(2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 433 note) is
amended by striking ``(A))'' and inserting ``(A)))''.
(3) Section 1602(e)(3) (117 Stat. 1683; 10 U.S.C. 2302
note) is amended by inserting ``Security'' after ``Health''.
(h) National Defense Authorization Act for Fiscal Year
1994.--Section 845(a) of the National Defense Authorization
Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--
(1) in paragraph (2)(A), by inserting ``Research'' after
``Defense Advanced''; and
(2) in paragraph (3), by inserting ``Research'' after
``Defense Advanced''.
(i) National Defense Authorization Act for Fiscal Year
1993.--Section 722(a)(1) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
10 U.S.C. 1073 note) is amended by striking ``155 Stat.'' and
inserting ``115 Stat.''.

SEC. 1064. REPEAL OF CERTIFICATION REQUIREMENT.

Section 1063 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3445) is
repealed.

SEC. 1065. MAINTENANCE OF CAPABILITY FOR SPACE-BASED NUCLEAR
DETECTION.

The Secretary of Defense shall maintain the capability for
space-based nuclear detection at a level that meets or
exceeds the level of capability as of the date of the
enactment of this Act.

SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES AT NAVAL
STATION, GUANTANAMO BAY, CUBA.

It is the sense of Congress that--
(1) the Nation extends its gratitude to the military
personnel who guard and interrogate some of the world's most
dangerous men every day at Naval Station, Guantanamo Bay,
Cuba;
(2) the United States Government should urge the
international community, in general, and in particular, the
home countries of the detainees who remain in detention
despite having been ordered released by a Department of
Defense administrative review board, to work with the
Department of Defense to facilitate and expedite the
repatriation of such detainees;
(3) detainees at Guantanamo Bay, to the maximum extent
possible, should be charged and expeditiously prosecuted for
crimes committed against the United States; and
(4) operations at Guantanamo Bay should be carried out in a
way that upholds the national interest and core values of the
American people.

SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DETAINED AT
NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
contains the Secretary's plan for each individual presently
detained at Naval Station, Guantanamo Bay, Cuba, under the
control of the Joint Task Force Guantanamo, who is or has
ever been classified as an ``enemy combatant'' (referred to
in this section as a ``detainee'').
(b) Contents of Report.--The report required under
subsection (a) shall include each of the following:
(1) An identification of the number of detainees who, as of
December 31, 2007, the Department estimates--
(A) will have been or will be charged with one or more
crimes and may, therefore, be tried before a military
commission;
(B) will be subject of an order calling for the release or
transfer of the detainee from the Guantanamo Bay facility; or
(C) will not have been charged with any crimes and will not
be subject to an order calling for the release or transfer of
the detainee from the Guantanamo Bay facility, but whom the
Department wishes to continue to detain.
(2) A description of the actions required to be undertaken,
by the Secretary of Defense, possibly the heads of other
Federal agencies, and Congress, to ensure that detainees who
are subject to an order calling for their release or transfer
from the Guantanamo Bay facility have, in fact, been
released.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.

SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW
109-364 RELATING TO USE OF ARMED FORCES IN
MAJOR PUBLIC EMERGENCIES.

(a) Interference With State and Federal Laws.--
(1) In general.--Section 333 of title 10, United States
Code, is amended to read as follows:

``Sec. 333. Interference with State and Federal law

``The President, by using the militia or the armed forces,
or both, or by any other means, shall take such measures as
he considers necessary to suppress, in a State, any
insurrection, domestic violence, unlawful combination, or
conspiracy, if it--
``(1) so hinders the execution of the laws of that State,
and of the United States within the State, that any part or
class of its people is deprived of a right, privilege,
immunity, or protection named in the Constitution and secured
by law, and the constituted authorities of that State are
unable, fail, or refuse to protect that right, privilege, or
immunity, or to give that protection; or
``(2) opposes or obstructs the execution of the laws of the
United States or impedes the course of justice under those
laws.

In any situation covered by clause (1), the State shall be
considered to have denied the

[[Page H173]]

equal protection of the laws secured by the Constitution.''.
(2) Proclamation to disperse.--Section 334 of such title is
amended by striking ``or those obstructing the enforcement of
the laws'' after ``insurgents''.
(3) Heading amendment.--The heading of chapter 15 of such
title is amended to read as follows:

``CHAPTER 15--INSURRECTION''.

(4) Clerical amendments.--
(A) The table of sections at the beginning of chapter 15 of
such title is amended by striking the item relating to
section 333 and inserting the following new item:

``333. Interference with State and Federal law.''.

(B) The tables of chapters at the beginning of subtitle A
of title 10, United States Code, and at the beginning of part
I of such subtitle, are each amended by striking the item
relating to chapter 15 and inserting the following new item:

``15. Insurrection...........................................331''.....

(b) Repeal of Section Relating to Provision of Supplies,
Services, and Equipment.--
(1) In general.--Section 2567 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 152 of such title is amended by striking
the item relating to section 2567.
(c) Conforming Amendment.--Section 12304(c) of such title
is amended by striking ``Except to perform'' and all that
follows through ``this section'' and inserting ``No unit or
member of a reserve component may be ordered to active duty
under this section to perform any of the functions authorized
by chapter 15 or section 12406 of this title or, except as
provided in subsection (b),''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.

SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO MILITARY
INSTALLATIONS IN UNITED STATES.

(a) Development of Standards.--
(1) Access standards for visitors.--The Secretary of
Defense shall develop access standards applicable to all
military installations in the United States. The standards
shall require screening standards appropriate to the type of
installation involved, the security level, category of
individuals authorized to visit the installation, and level
of access to be granted, including--
(A) protocols to determine the fitness of the individual to
enter an installation; and
(B) standards and methods for verifying the identity of the
individual.
(2) Additional criteria.--The standards required under
paragraph (1) may--
(A) provide for expedited access to a military installation
for Department of Defense personnel and employees and family
members of personnel who reside on the installation;
(B) provide for closer scrutiny of categories of
individuals determined by the Secretary of Defense to pose a
higher potential security risk; and
(C) in the case of an installation that the Secretary
determines contains particularly sensitive facilities,
provide additional screening requirements, as well as
physical and other security measures for the installation.
(b) Use of Technology.--The Secretary of Defense is
encouraged to procure and field existing identification
screening technology and to develop additional technology
only to the extent necessary to assist commanders of military
installations in implementing the standards developed under
this section at points of entry for such installations.
(c) Deadlines.--
(1) Development and implementation.--The Secretary of
Defense shall develop the standards required under this
section by not later than July 1, 2008, and implement such
standards by not later than January 1, 2009.
(2) Submission to congress.--Not later than August 1, 2009,
the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives the
standards implemented pursuant to paragraph (1).

SEC. 1070. REVISED NUCLEAR POSTURE REVIEW.

(a) Requirement for Comprehensive Review.--In order to
clarify United States nuclear deterrence policy and strategy
for the near term, the Secretary of Defense shall conduct a
comprehensive review of the nuclear posture of the United
States for the next 5 to 10 years. The Secretary shall
conduct the review in consultation with the Secretary of
Energy and the Secretary of State.
(b) Elements of Review.--The nuclear posture review shall
include the following elements:
(1) The role of nuclear forces in United States military
strategy, planning, and programming.
(2) The policy requirements and objectives for the United
States to maintain a safe, reliable, and credible nuclear
deterrence posture.
(3) The relationship among United States nuclear deterrence
policy, targeting strategy, and arms control objectives.
(4) The role that missile defense capabilities and
conventional strike forces play in determining the role and
size of nuclear forces.
(5) The levels and composition of the nuclear delivery
systems that will be required for implementing the United
States national and military strategy, including any plans
for replacing or modifying existing systems.
(6) The nuclear weapons complex that will be required for
implementing the United States national and military
strategy, including any plans to modernize or modify the
complex.
(7) The active and inactive nuclear weapons stockpile that
will be required for implementing the United States national
and military strategy, including any plans for replacing or
modifying warheads.
(c) Report to Congress.--The Secretary of Defense shall
submit to Congress, in unclassified and classified forms as
necessary, a report on the results of the nuclear posture
review conducted under this section. The report shall be
submitted concurrently with the quadrennial defense review
required to be submitted under section 118 of title 10,
United States Code, in 2009.
(d) Sense of Congress.--It is the sense of Congress that
the nuclear posture review conducted under this section
should be used as a basis for establishing future United
States arms control objectives and negotiating positions.

SEC. 1071. TERMINATION OF COMMISSION ON THE IMPLEMENTATION OF
THE NEW STRATEGIC POSTURE OF THE UNITED STATES.

Section 1051 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is
repealed.

SEC. 1072. SECURITY CLEARANCES; LIMITATIONS.

(a) In General.--Title III of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is amended
by adding at the end the following new section:

``SEC. 3002. SECURITY CLEARANCES; LIMITATIONS.

``(a) Definitions.--In this section:
``(1) Controlled substance.--The term `controlled
substance' has the meaning given that term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
``(2) Covered person.--The term `covered person' means--
``(A) an officer or employee of a Federal agency;
``(B) a member of the Army, Navy, Air Force, or Marine
Corps who is on active duty or is in an active status; and
``(C) an officer or employee of a contractor of a Federal
agency.
``(3) Restricted data.--The term `Restricted Data' has the
meaning given that term in section 11 of the Atomic Energy
Act of 1954 (42 U.S.C. 2014).
``(4) Special access program.--The term `special access
program' has the meaning given that term in section 4.1 of
Executive Order No. 12958 (60 Fed. Reg. 19825).
``(b) Prohibition.--After January 1, 2008, the head of a
Federal agency may not grant or renew a security clearance
for a covered person who is an unlawful user of a controlled
substance or an addict (as defined in section 102(1) of the
Controlled Substances Act (21 U.S.C. 802)).
``(c) Disqualification.--
``(1) In general.--After January 1, 2008, absent an express
written waiver granted in accordance with paragraph (2), the
head of a Federal agency may not grant or renew a security
clearance described in paragraph (3) for a covered person
who--
``(A) has been convicted in any court of the United States
of a crime, was sentenced to imprisonment for a term
exceeding 1 year, and was incarcerated as a result of that
sentence for not less than 1 year;
``(B) has been discharged or dismissed from the Armed
Forces under dishonorable conditions; or
``(C) is mentally incompetent, as determined by an
adjudicating authority, based on an evaluation by a duly
qualified mental health professional employed by, or
acceptable to and approved by, the United States Government
and in accordance with the adjudicative guidelines required
by subsection (d).
``(2) Waiver authority.--In a meritorious case, an
exception to the disqualification in this subsection may be
authorized if there are mitigating factors. Any such waiver
may be authorized only in accordance with--
``(A) standards and procedures prescribed by, or under the
authority of, an Executive order or other guidance issued by
the President; or
``(B) the adjudicative guidelines required by subsection
(d).
``(3) Covered security clearances.--This subsection applies
to security clearances that provide for access to--
``(A) special access programs;
``(B) Restricted Data; or
``(C) any other information commonly referred to as
`sensitive compartmented information'.
``(4) Annual report.--
``(A) Requirement for report.--Not later than February 1 of
each year, the head of a Federal agency shall submit a report
to the appropriate committees of Congress if such agency
employs or employed a person for whom a waiver was granted in
accordance with paragraph (2) during the preceding year. Such
annual report shall not reveal the identity of such person,
but shall include for each waiver issued the disqualifying
factor under paragraph (1) and the reasons for the waiver of
the disqualifying factor.
``(B) Definitions.--In this paragraph:
``(i) Appropriate committees of congress.--The term
`appropriate committees of Congress' means, with respect to a
report submitted under subparagraph (A) by the head of a
Federal agency--

``(I) the congressional defense committees;
``(II) the congressional intelligence committees;

[[Page H174]]

``(III) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(IV) the Committee on Oversight and Government Reform of
the House of Representatives; and
``(V) each Committee of the Senate or the House of
Representatives with oversight authority over such Federal
agency.

``(ii) Congressional defense committees.--The term
`congressional defense committees' has the meaning given that
term in section 101(a)(16) of title 10, United States Code.
``(iii) Congressional intelligence committees.--The term
`congressional intelligence committees' has the meaning given
that term in section 3 of the National Security Act of 1947
(50 U.S.C. 401a).
``(d) Adjudicative Guidelines.--
``(1) Requirement to establish.--The President shall
establish adjudicative guidelines for determining eligibility
for access to classified information.
``(2) Requirements related to mental health.--The
guidelines required by paragraph (1) shall--
``(A) include procedures and standards under which a
covered person is determined to be mentally incompetent and
provide a means to appeal such a determination; and
``(B) require that no negative inference concerning the
standards in the guidelines may be raised solely on the basis
of seeking mental health counseling.''.
(b) Conforming Amendments.--
(1) Repeal.--Section 986 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 49 of such title is amended by striking
the item relating to section 986.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2008.

SEC. 1073. IMPROVEMENTS IN THE PROCESS FOR THE ISSUANCE OF
SECURITY CLEARANCES.

(a) Demonstration Project.--Not later than 6 months after
the date of the enactment of this Act, the Secretary of
Defense and the Director of National Intelligence shall
implement a demonstration project that applies new and
innovative approaches to improve the processing of requests
for security clearances.
(b) Evaluation.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense and the
Director of National Intelligence shall carry out an
evaluation of the process for issuing security clearances and
develop a specific plan and schedule for replacing such
process with an improved process.
(c) Report.--Not later than 30 days after the date of the
completion of the evaluation required by subsection (b), the
Secretary of Defense and the Director of National
Intelligence shall submit to Congress a report on--
(1) the results of the demonstration project carried out
pursuant to subsection (a);
(2) the results of the evaluation carried out under
subsection (b); and
(3) the recommended specific plan and schedule for
replacing the existing process for issuing security
clearances with an improved process.

SEC. 1074. PROTECTION OF CERTAIN INDIVIDUALS.

(a) Protection for Department Leadership.--The Secretary of
Defense, under regulations prescribed by the Secretary and in
accordance with guidelines approved by the Secretary and the
Attorney General, may authorize qualified members of the
Armed Forces and qualified civilian employees of the
Department of Defense to provide physical protection and
personal security within the United States to the following
persons who, by nature of their positions, require continuous
security and protection:
(1) Secretary of Defense.
(2) Deputy Secretary of Defense.
(3) Chairman of the Joint Chiefs of Staff.
(4) Vice Chairman of the Joint Chiefs of Staff.
(5) Secretaries of the military departments.
(6) Chiefs of the Services.
(7) Commanders of combatant commands.
(b) Protection for Additional Personnel.--
(1) Authority to provide.--The Secretary of Defense, under
regulations prescribed by the Secretary and in accordance
with guidelines approved by the Secretary and the Attorney
General, may authorize qualified members of the Armed Forces
and qualified civilian employees of the Department of Defense
to provide physical protection and personal security within
the United States to individuals other than individuals
described in paragraphs (1) through (7) of subsection (a) if
the Secretary determines that such protection and security
are necessary because--
(A) there is an imminent and credible threat to the safety
of the individual for whom protection is to be provided; or
(B) compelling operational considerations make such
protection essential to the conduct of official Department of
Defense business.
(2) Personnel.--Individuals authorized to receive physical
protection and personal security under this subsection
include the following:
(A) Any official, military member, or employee of the
Department of Defense.
(B) A former or retired official who faces serious and
credible threats arising from duties performed while employed
by the Department for a period of up to two years beginning
on the date on which the official separates from the
Department.
(C) A head of a foreign state, an official representative
of a foreign government, or any other distinguished foreign
visitor to the United States who is primarily conducting
official business with the Department of Defense.
(D) Any member of the immediate family of a person
authorized to receive physical protection and personal
security under this section.
(E) An individual who has been designated by the President,
and who has received the advice and consent of the Senate, to
serve as Secretary of Defense, but who has not yet been
appointed as Secretary of Defense.
(3) Limitation on delegation.--The authority of the
Secretary of Defense to authorize the provision of physical
protection and personal security under this subsection may be
delegated only to the Deputy Secretary of Defense.
(4) Requirement for written determination.--A determination
of the Secretary of Defense to provide physical protection
and personal security under this subsection shall be in
writing, shall be based on a threat assessment by an
appropriate law enforcement, security, or intelligence
organization, and shall include the name and title of the
officer, employee, or other individual affected, the reason
for such determination, the duration of the authorized
protection and security for such officer, employee, or
individual, and the nature of the arrangements for the
protection and security.
(5) Duration of protection.--
(A) Initial period of protection.--After making a written
determination under paragraph (4), the Secretary of Defense
may provide protection and security to an individual under
this subsection for an initial period of not more than 90
calendar days.
(B) Subsequent period.--If, at the end of the period that
protection and security is provided to an individual under
subsection (A), the Secretary determines that a condition
described in subparagraph (A) or (B) of paragraph (1)
continues to exist with respect to the individual, the
Secretary may extend the period that such protection and
security is provided for additional 60-day periods. The
Secretary shall review such a determination at the end of
each 60-day period to determine whether to continue to
provide such protection and security.
(C) Requirement for compliance with regulations.--
Protection and personal security provided under subparagraph
(B) shall be provided in accordance with the regulations and
guidelines referred to in paragraph (1).
(6) Submission to congress.--
(A) In general.--The Secretary of Defense shall submit to
the congressional defense committees each determination made
under paragraph (4) to provide protection and security to an
individual and of each determination under paragraph (5)(B)
to extend such protection and security, together with the
justification for such determination, not later than 15 days
after the date on which the determination is made.
(B) Form of report.--A report submitted under subparagraph
(A) may be made in classified form.
(C) Regulations and guidelines.--The Secretary of Defense
shall submit to the congressional defense committees the
regulations and guidelines prescribed pursuant to paragraph
(1) not less than 20 days before the date on which such
regulations take effect.
(c) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' means the Committee on
Appropriations and the Committee on Armed Services of the
Senate and the Committee on Appropriations and the Committee
on Armed Services of the House of Representatives.
(2) Qualified members of the armed forces and qualified
civilian employees of the department of defense.--The terms
``qualified members of the Armed Forces'' and ``qualified
civilian employees of the Department of Defense'' refer
collectively to members or employees who are assigned to
investigative, law enforcement, or security duties of any of
the following:
(A) The Army Criminal Investigation Command.
(B) The Naval Criminal Investigative Service.
(C) The Air Force Office of Special Investigations.
(D) The Defense Criminal Investigative Service.
(E) The Pentagon Force Protection Agency.
(d) Construction.--
(1) No additional law enforcement or arrest authority.--
Other than the authority to provide protection and security
under this section, nothing in this section may be construed
to bestow any additional law enforcement or arrest authority
upon the qualified members of the Armed Forces and qualified
civilian employees of the Department of Defense.
(2) Posse comitatus.--Nothing in this section shall be
construed to abridge section 1385 of title 18, United States
Code.
(3) Authorities of other departments.--Nothing in this
section may be construed to preclude or limit, in any way,
the express or implied powers of the Secretary of Defense or
other Department of Defense officials, or the duties and
authorities of the Secretary of State, the Director of the
United States

[[Page H175]]

Secret Service, the Director of the United States Marshals
Service, or any other Federal law enforcement agency.

SEC. 1075. MODIFICATION OF AUTHORITIES ON COMMISSION TO
ASSESS THE THREAT TO THE UNITED STATES FROM
ELECTROMAGNETIC PULSE ATTACK.

(a) Extension of Date of Submittal of Final Report.--
Section 1403(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 50 U.S.C. 2301 note) is amended by
striking ``June 30, 2007'' and inserting ``November 30,
2008''.
(b) Coordination of Work With Department of Homeland
Security.--Section 1404 of such Act is amended by adding at
the end the following new subsection:
``(c) Coordination With Department of Homeland Security.--
The Commission and the Secretary of Homeland Security shall
jointly ensure that the work of the Commission with respect
to electromagnetic pulse attack on electricity
infrastructure, and protection against such attack, is
coordinated with Department of Homeland Security efforts on
such matters.''.
(c) Limitation on Department of Defense Funding.--The
aggregate amount of funds provided by the Department of
Defense to the Commission to Assess the Threat to the United
States from Electromagnetic Pulse Attack for purposes of the
preparation and submittal of the final report required by
section 1403(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as amended by
subsection (a)), whether by transfer or otherwise and
including funds provided the Commission before the date of
the enactment of this Act, shall not exceed $5,600,000.

SEC. 1076. SENSE OF CONGRESS ON SMALL BUSINESS INNOVATION
RESEARCH PROGRAM.

It is the sense of Congress that--
(1) the Department of Defense's Small Business Innovation
Research program has been effective in supporting the
performance of the missions of the Department of Defense, by
stimulating technological innovation through investments in
small business research activities;
(2) the Department of Defense's Small Business Innovation
Research program has transitioned a number of technologies
and systems into operational use by warfighters; and
(3) the Department of Defense's Small Business Innovation
Research program should be reauthorized so as to ensure that
the program's activities can continue seamlessly,
efficiently, and effectively.

SEC. 1077. REVISION OF PROFICIENCY FLYING DEFINITION.

Subsection (c) of section 2245 of title 10, United States
Code, is amended to read as follows:
``(c) In this section, the term `proficiency flying' means
flying performed under competent orders by a rated or
designated member of the armed forces while serving in a non-
aviation assignment or in an assignment in which skills would
normally not be maintained in the performance of assigned
duties.''.

SEC. 1078. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF
AIRCRAFT UNDER CONTRACT WITH THE ARMED FORCES.

(a) Definition of Public Aircraft.--Section 40102(a)(41)(E)
of title 49, United States Code, is amended--
(1) by inserting ``or other commercial air service'' after
``transportation''; and
(2) by adding at the end the following: ``In the preceding
sentence, the term `other commercial air service' means an
aircraft operation that (i) is within the United States
territorial airspace; (ii) the Administrator of the Federal
Aviation Administration determines is available for
compensation or hire to the public, and (iii) must comply
with all applicable civil aircraft rules under title 14, Code
of Federal Regulations.''.
(b) Aircraft Operated by the Armed Forces.--Section
40125(c)(1)(C) of such title is amended by inserting ``or
other commercial air service'' after ``transportation''.
(c) Conforming Amendments.--
(1) Section 40125(b) of such title is amended by striking
``40102(a)(37)'' and inserting ``40102(a)(41)''.
(2) Section 40125(c)(1) of such title is amended by
striking ``40102(a)(37)(E)'' and inserting
``40102(a)(41)(E)''.

SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON ARMED
SERVICES OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES.

(a) Requests of Committees.--The Director of the National
Counterterrorism Center, the Director of a national
intelligence center, or the head of any element of the
intelligence community shall, not later than 45 days after
receiving a written request from the Chair or ranking
minority member of the Committee on Armed Services of the
Senate or the Committee on Armed Services of the House of
Representatives for any existing intelligence assessment,
report, estimate, or legal opinion relating to matters within
the jurisdiction of such Committee, make available to such
committee such assessment, report, estimate, or legal
opinion, as the case may be.
(b) Assertion of Privilege.--
(1) In general.--In response to a request covered by
subsection (a), the Director of the National Counterterrorism
Center, the Director of a national intelligence center, or
the head of any element of the intelligence community shall
provide to the Committee making such request the document or
information covered by such request unless the President
determines that such document or information shall not be
provided because the President is asserting a privilege
pursuant to the Constitution of the United States.
(2) Submission to congress.--The White House Counsel shall
submit to Congress in writing any assertion by the President
under paragraph (1) of a privilege pursuant to the
Constitution.
(c) Definitions.--In this section:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Intelligence assessment.--The term ``intelligence
assessment'' means an intelligence-related analytical study
of a subject of policy significance and does not include
building-block papers, research projects, and reference aids.
(3) Intelligence estimate.--The term ``intelligence
estimate'' means an appraisal of available intelligence
relating to a specific situation or condition with a view to
determining the courses of action open to an enemy or
potential enemy and the probable order of adoption of such
courses of action.

SEC. 1080. RETENTION OF REIMBURSEMENT FOR PROVISION OF
RECIPROCAL FIRE PROTECTION SERVICES.

Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat.
67; 42 U.S.C. 1856d) is amended--
(1) by striking ``Funds'' and inserting ``(a) Funds''; and
(2) by adding at the end the following new subsection:
``(b) Notwithstanding the provisions of subsection (a), all
sums received for any Department of Defense activity for fire
protection rendered pursuant to this Act shall be credited to
the appropriation fund or account from which the expenses
were paid. Amounts so credited shall be merged with funds in
such appropriation fund or account and shall be available for
the same purposes and subject to the same limitations as the
funds with which the funds are merged.''.

SEC. 1081. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR
REFUELING SUPPORT FOR THE AIR FORCE.

(a) Pilot Program Required.--The Secretary of the Air Force
shall conduct, as soon as practicable after the date of the
enactment of this Act, a pilot program to assess the
feasibility and advisability of utilizing commercial fee-for-
service air refueling tanker aircraft for Air Force
operations. The duration of the pilot program shall be at
least five years after commencement of the program.
(b) Purpose.--
(1) In general.--The pilot program required by subsection
(a) shall evaluate the feasibility of fee-for-service air
refueling to support, augment, or enhance the air refueling
mission of the Air Force by utilizing commercial air
refueling providers on a fee-for-service basis.
(2) Elements.--In order to achieve the purpose of the pilot
program, the Secretary of the Air Force shall--
(A) demonstrate and validate a comprehensive strategy for
air refueling on a fee-for-service basis by evaluating all
mission areas, including testing support, training support to
receiving aircraft, homeland defense support, deployment
support, air bridge support, aeromedical evacuation, and
emergency air refueling; and
(B) integrate fee-for-service air refueling described in
paragraph (1) into Air Mobility Command operations during the
evaluation and execution phases of the pilot program.
(c) Annual Report.--The Secretary of the Air Force shall
provide to the congressional defense committees an annual
report on the fee-for-service air refueling program, which
includes--
(1) information with respect to--
(A) missions flown;
(B) mission areas supported;
(C) aircraft number, type, model series supported;
(D) fuel dispensed;
(E) departure reliability rates; and
(F) the annual and cumulative cost to the Government for
the program, including a comparison of costs of the same
service provided by the Air Force;
(2) an assessment of the impact of outsourcing air
refueling on the Air Force's flying hour program and aircrew
training; and
(3) any other data that the Secretary determines is
appropriate for evaluating the performance of the commercial
air refueling providers participating in the pilot program.
(d) Comptroller General Review.--The Comptroller General
shall submit to the congressional defense committees--
(1) an annual review of the conduct of the pilot program
under this section and any recommendations of the Comptroller
General for improving the program; and
(2) not later than 90 days after the completion of the
pilot program, a final assessment of the results of the pilot
program and the recommendations of the Comptroller General
for whether the Secretary of the Air Force should continue to
utilize fee-for-service air refueling.

SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF DEFENSE
CAPABILITIES FOR SUPPORT OF CIVIL AUTHORITIES
AFTER CERTAIN INCIDENTS.

(a) In General.--The Secretary of Defense shall establish
an advisory panel to carry out an assessment of the
capabilities of the

[[Page H176]]

Department of Defense to provide support to United States
civil authorities in the event of a chemical, biological,
radiological, nuclear, or high-yield explosive (CBRNE)
incident.
(b) Panel Matters.--
(1) In general.--The advisory panel required by subsection
(a) shall consist of individuals appointed by the Secretary
of Defense (in consultation with the chairmen and ranking
members of the Committees on Armed Services of the Senate and
the House of Representatives) from among private citizens of
the United States with expertise in the legal, operational,
and organizational aspects of the management of the
consequences of a chemical, biological, radiological,
nuclear, or high-yield explosive incident.
(2) Deadline for appointment.--All members of the advisory
panel shall be appointed under this subsection not later than
30 days after the date on which the Secretary enters into the
contract required by subsection (c).
(3) Initial meeting.--The advisory panel shall conduct its
first meeting not later than 30 days after the date that all
appointments to the panel have been made under this
subsection.
(4) Procedures.--The advisory panel shall carry out its
duties under this section under procedures established under
subsection (c) by the federally funded research and
development center with which the Secretary contracts under
that subsection. Such procedures shall include procedures for
the selection of a chairman of the advisory panel from among
its members.
(c) Support of Federally Funded Research and Development
Center.--
(1) In general.--The Secretary of Defense shall enter into
a contract with a federally funded research and development
center for the provision of support and assistance to the
advisory panel required by subsection (a) in carrying out its
duties under this section. Such support and assistance shall
include the establishment of the procedures of the advisory
panel under subsection (b)(4).
(2) Deadline for contract.--The Secretary shall enter into
the contract required by this subsection not later than 60
days after the date of the enactment of this Act.
(d) Duties of Panel.--The advisory panel required by
subsection (a) shall--
(1) evaluate the authorities and capabilities of the
Department of Defense to conduct operations in support to
United States civil authorities in the event of a chemical,
biological, radiological, nuclear, or high-yield explosive
incident, including the authorities and capabilities of the
military departments, the Defense Agencies, the combatant
commands, any supporting commands, and the reserve components
of the Armed Forces (including the National Guard in a
Federal and non-Federal status);
(2) assess the adequacy of existing plans and programs of
the Department of Defense for training and equipping
dedicated, special, and general purposes forces for
conducting operations described in paragraph (1) across a
broad spectrum of scenarios, including current National
Planning Scenarios as applicable;
(3) assess policies, directives, and plans of the
Department of Defense in support of civilian authorities in
managing the consequences of a chemical, biological,
radiological, nuclear, or high-yield explosive incident;
(4) assess the adequacy of policies and structures of the
Department of Defense for coordination with other department
and agencies of the Federal Government, especially the
Department of Homeland Security, the Department of Energy,
the Department of Justice, and the Department of Health and
Human Services, in the provision of support described in
paragraph (1);
(5) assess the adequacy and currency of information
available to the Department of Defense, whether directly or
through other departments and agencies of the Federal
Government, from State and local governments in circumstances
where the Department provides support described in paragraph
(1) because State and local response capabilities are not
fully adequate for a comprehensive response;
(6) assess the equipment capabilities and needs of the
Department of Defense to provide support described in
paragraph (1);
(7) develop recommendations for modifying the capabilities,
plans, policies, equipment, and structures evaluated or
assessed under this subsection in order to improve the
provision by the Department of Defense of the support
described in paragraph (1); and
(8) assess and make recommendations on--
(A) whether there should be any additional Weapons of Mass
Destruction Civil Support Teams, beyond the 55 already
authorized and, if so, how many additional Civil Support
Teams, and where they should be located; and
(B) what criteria and considerations are appropriate to
determine whether additional Civil Support Teams are needed
and, if so, where they should be located.
(e) Cooperation of Other Agencies.--
(1) In general.--The advisory panel required by subsection
(a) may secure directly from the Department of Defense, the
Department of Homeland Security, the Department of Energy,
the Department of Justice, the Department of Health and Human
Services, and any other department or agency of the Federal
Government information that the panel considers necessary for
the panel to carry out its duties.
(2) Cooperation.--The Secretary of Defense, the Secretary
of Homeland Secretary, the Secretary of Energy, the Attorney
General, the Secretary of Health and Human Services, and any
other official of the United States shall provide the
advisory panel with full and timely cooperation in carrying
out its duties under this section.
(f) Report.--Not later than 12 months after the date of the
initial meeting of the advisory panel required by subsection
(a), the advisory panel shall submit to the Secretary of
Defense, and to the Committees on Armed Services of the
Senate and the House of Representatives, a report on
activities under this section. The report shall set forth--
(1) the findings, conclusions, and recommendations of the
advisory panel for improving the capabilities of the
Department of Defense to provide support to United States
civil authorities in the event of a chemical, biological,
radiological, nuclear, or high-yield explosive incident; and
(2) such other findings, conclusions, and recommendations
for improving the capabilities of the Department for homeland
defense as the advisory panel considers appropriate.

SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY.

(a) Terrorism Exception to Immunity.--
(1) In general.--Chapter 97 of title 28, United States
Code, is amended by inserting after section 1605 the
following:

``Sec. 1605A. Terrorism exception to the jurisdictional
immunity of a foreign state

``(a) In General.--
``(1) No immunity.--A foreign state shall not be immune
from the jurisdiction of courts of the United States or of
the States in any case not otherwise covered by this chapter
in which money damages are sought against a foreign state for
personal injury or death that was caused by an act of
torture, extrajudicial killing, aircraft sabotage, hostage
taking, or the provision of material support or resources for
such an act if such act or provision of material support or
resources is engaged in by an official, employee, or agent of
such foreign state while acting within the scope of his or
her office, employment, or agency.
``(2) Claim heard.--The court shall hear a claim under this
section if--
``(A)(i)(I) the foreign state was designated as a state
sponsor of terrorism at the time the act described in
paragraph (1) occurred, or was so designated as a result of
such act, and, subject to subclause (II), either remains so
designated when the claim is filed under this section or was
so designated within the 6-month period before the claim is
filed under this section; or
``(II) in the case of an action that is refiled under this
section by reason of section 1083(c)(2)(A) of the National
Defense Authorization Act for Fiscal Year 2008 or is filed
under this section by reason of section 1083(c)(3) of that
Act, the foreign state was designated as a state sponsor of
terrorism when the original action or the related action
under section 1605(a)(7) (as in effect before the enactment
of this section) or section 589 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1997 (as contained in section 101(c) of division A of Public
Law 104-208) was filed;
``(ii) the claimant or the victim was, at the time the act
described in paragraph (1) occurred--
``(I) a national of the United States;
``(II) a member of the armed forces; or
``(III) otherwise an employee of the Government of the
United States, or of an individual performing a contract
awarded by the United States Government, acting within the
scope of the employee's employment; and
``(iii) in a case in which the act occurred in the foreign
state against which the claim has been brought, the claimant
has afforded the foreign state a reasonable opportunity to
arbitrate the claim in accordance with the accepted
international rules of arbitration; or
``(B) the act described in paragraph (1) is related to Case
Number 1:00CV03110 (EGS) in the United States District Court
for the District of Columbia.
``(b) Limitations.--An action may be brought or maintained
under this section if the action is commenced, or a related
action was commenced under section 1605(a)(7) (before the
date of the enactment of this section) or section 589 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in section 101(c) of
division A of Public Law 104-208) not later than the latter
of--
``(1) 10 years after April 24, 1996; or
``(2) 10 years after the date on which the cause of action
arose.
``(c) Private Right of Action.--A foreign state that is or
was a state sponsor of terrorism as described in subsection
(a)(2)(A)(i), and any official, employee, or agent of that
foreign state while acting within the scope of his or her
office, employment, or agency, shall be liable to--
``(1) a national of the United States,
``(2) a member of the armed forces,
``(3) an employee of the Government of the United States,
or of an individual performing a contract awarded by the
United States Government, acting within the scope of the
employee's employment, or
``(4) the legal representative of a person described in
paragraph (1), (2), or (3),

for personal injury or death caused by acts described in
subsection (a)(1) of that foreign state, or of an official,
employee, or agent of that foreign state, for which the
courts of the United States may maintain jurisdiction under
this section for money damages. In

[[Page H177]]

any such action, damages may include economic damages,
solatium, pain and suffering, and punitive damages. In any
such action, a foreign state shall be vicariously liable for
the acts of its officials, employees, or agents.
``(d) Additional Damages.--After an action has been brought
under subsection (c), actions may also be brought for
reasonably foreseeable property loss, whether insured or
uninsured, third party liability, and loss claims under life
and property insurance policies, by reason of the same acts
on which the action under subsection (c) is based.
``(e) Special Masters.--
``(1) In general.--The courts of the United States may
appoint special masters to hear damage claims brought under
this section.
``(2) Transfer of funds.--The Attorney General shall
transfer, from funds available for the program under section
1404C of the Victims of Crime Act of 1984 (42 U.S.C. 10603c),
to the Administrator of the United States district court in
which any case is pending which has been brought or
maintained under this section such funds as may be required
to cover the costs of special masters appointed under
paragraph (1). Any amount paid in compensation to any such
special master shall constitute an item of court costs.
``(f) Appeal.--In an action brought under this section,
appeals from orders not conclusively ending the litigation
may only be taken pursuant to section 1292(b) of this title.
``(g) Property Disposition.--
``(1) In general.--In every action filed in a United States
district court in which jurisdiction is alleged under this
section, the filing of a notice of pending action pursuant to
this section, to which is attached a copy of the complaint
filed in the action, shall have the effect of establishing a
lien of lis pendens upon any real property or tangible
personal property that is--
``(A) subject to attachment in aid of execution, or
execution, under section 1610;
``(B) located within that judicial district; and
``(C) titled in the name of any defendant, or titled in the
name of any entity controlled by any defendant if such notice
contains a statement listing such controlled entity.
``(2) Notice.--A notice of pending action pursuant to this
section shall be filed by the clerk of the district court in
the same manner as any pending action and shall be indexed by
listing as defendants all named defendants and all entities
listed as controlled by any defendant.
``(3) Enforceability.--Liens established by reason of this
subsection shall be enforceable as provided in chapter 111 of
this title.
``(h) Definitions.--For purposes of this section--
``(1) the term `aircraft sabotage' has the meaning given
that term in Article 1 of the Convention for the Suppression
of Unlawful Acts Against the Safety of Civil Aviation;
``(2) the term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages;
``(3) the term `material support or resources' has the
meaning given that term in section 2339A of title 18;
``(4) the term `armed forces' has the meaning given that
term in section 101 of title 10;
``(5) the term `national of the United States' has the
meaning given that term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
``(6) the term `state sponsor of terrorism' means a country
the government of which the Secretary of State has
determined, for purposes of section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)), section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371),
section 40 of the Arms Export Control Act (22 U.S.C. 2780),
or any other provision of law, is a government that has
repeatedly provided support for acts of international
terrorism; and
``(7) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture
Victim Protection Act of 1991 (28 U.S.C. 1350 note).''.
(2) Amendment to chapter analysis.--The table of sections
at the beginning of chapter 97 of title 28, United States
Code, is amended by inserting after the item relating to
section 1605 the following:

``1605A. Terrorism exception to the jurisdictional immunity of a
foreign state.''.

(b) Conforming Amendments.--
(1) General exception.--Section 1605 of title 28, United
States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (5)(B), by inserting ``or'' after the
semicolon;
(ii) in paragraph (6)(D), by striking ``; or'' and
inserting a period; and
(iii) by striking paragraph (7);
(B) by repealing subsections (e) and (f); and
(C) in subsection (g)(1)(A), by striking ``but for
subsection (a)(7)'' and inserting ``but for section 1605A''.
(2) Counterclaims.--Section 1607(a) of title 28, United
States Code, is amended by inserting ``or 1605A'' after
``1605''.
(3) Property.--Section 1610 of title 28, United States
Code, is amended--
(A) in subsection (a)(7), by striking ``1605(a)(7)'' and
inserting ``1605A'';
(B) in subsection (b)(2), by striking ``(5), or (7), or
1605(b)'' and inserting ``or (5), 1605(b), or 1605A'';
(C) in subsection (f), in paragraphs (1)(A) and (2)(A), by
inserting ``(as in effect before the enactment of section
1605A) or section 1605A'' after ``1605(a)(7)''; and
(D) by adding at the end the following:
``(g) Property in Certain Actions.--
``(1) In general.--Subject to paragraph (3), the property
of a foreign state against which a judgment is entered under
section 1605A, and the property of an agency or
instrumentality of such a state, including property that is a
separate juridical entity or is an interest held directly or
indirectly in a separate juridical entity, is subject to
attachment in aid of execution, and execution, upon that
judgment as provided in this section, regardless of--
``(A) the level of economic control over the property by
the government of the foreign state;
``(B) whether the profits of the property go to that
government;
``(C) the degree to which officials of that government
manage the property or otherwise control its daily affairs;
``(D) whether that government is the sole beneficiary in
interest of the property; or
``(E) whether establishing the property as a separate
entity would entitle the foreign state to benefits in United
States courts while avoiding its obligations.
``(2) United states sovereign immunity inapplicable.--Any
property of a foreign state, or agency or instrumentality of
a foreign state, to which paragraph (1) applies shall not be
immune from attachment in aid of execution, or execution,
upon a judgment entered under section 1605A because the
property is regulated by the United States Government by
reason of action taken against that foreign state under the
Trading With the Enemy Act or the International Emergency
Economic Powers Act.
``(3) Third-party joint property holders.--Nothing in this
subsection shall be construed to supersede the authority of a
court to prevent appropriately the impairment of an interest
held by a person who is not liable in the action giving rise
to a judgment in property subject to attachment in aid of
execution, or execution, upon such judgment.''.
(4) Victims of crime act.--Section 1404C(a)(3) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is
amended by striking ``December 21, 1988 with respect to which
an investigation or'' and inserting ``October 23, 1983, with
respect to which an investigation or civil or criminal''.
(c) Application to Pending Cases.--
(1) In general.--The amendments made by this section shall
apply to any claim arising under section 1605A of title 28,
United States Code.
(2) Prior actions.--
(A) In general.--With respect to any action that--
(i) was brought under section 1605(a)(7) of title 28,
United States Code, or section 589 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1997 (as contained in section 101(c) of division A of Public
Law 104-208), before the date of the enactment of this Act,
(ii) relied upon either such provision as creating a cause
of action,
(iii) has been adversely affected on the grounds that
either or both of these provisions fail to create a cause of
action against the state, and
(iv) as of such date of enactment, is before the courts in
any form, including on appeal or motion under rule 60(b) of
the Federal Rules of Civil Procedure,

that action, and any judgment in the action shall, on motion
made by plaintiffs to the United States district court where
the action was initially brought, or judgment in the action
was initially entered, be given effect as if the action had
originally been filed under section 1605A(c) of title 28,
United States Code.
(B) Defenses waived.--The defenses of res judicata,
collateral estoppel, and limitation period are waived--
(i) in any action with respect to which a motion is made
under subparagraph (A), or
(ii) in any action that was originally brought, before the
date of the enactment of this Act, under section 1605(a)(7)
of title 28, United States Code, or section 589 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in section 101(c) of
division A of Public Law 104-208), and is refiled under
section 1605A(c) of title 28, United States Code,

to the extent such defenses are based on the claim in the
action.
(C) Time limitations.--A motion may be made or an action
may be refiled under subparagraph (A) only--
(i) if the original action was commenced not later than the
latter of--

(I) 10 years after April 24, 1996; or
(II) 10 years after the cause of action arose; and

(ii) within the 60-day period beginning on the date of the
enactment of this Act.
(3) Related actions.--If an action arising out of an act or
incident has been timely commenced under section 1605(a)(7)
of title 28, United States Code, or section 589 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in section 101(c) of
division A of Public Law 104-208), any other action arising
out of the same act or incident may be brought under section
1605A of title 28, United States Code, if the action is
commenced not later than the latter of 60 days after--

[[Page H178]]

(A) the date of the entry of judgment in the original
action; or
(B) the date of the enactment of this Act.
(4) Preserving the jurisdiction of the courts.--Nothing in
section 1503 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11, 117 Stat. 579)
has ever authorized, directly or indirectly, the making
inapplicable of any provision of chapter 97 of title 28,
United States Code, or the removal of the jurisdiction of any
court of the United States.
(d) Applicability to Iraq.--
(1) Applicability.--The President may waive any provision
of this section with respect to Iraq, insofar as that
provision may, in the President's determination, affect Iraq
or any agency or instrumentality thereof, if the President
determines that--
(A) the waiver is in the national security interest of the
United States;
(B) the waiver will promote the reconstruction of, the
consolidation of democracy in, and the relations of the
United States with, Iraq; and
(C) Iraq continues to be a reliable ally of the United
States and partner in combating acts of international
terrorism.
(2) Temporal scope.--The authority under paragraph (1)
shall apply--
(A) with respect to any conduct or event occurring before
or on the date of the enactment of this Act;
(B) with respect to any conduct or event occurring before
or on the date of the exercise of that authority; and
(C) regardless of whether, or the extent to which, the
exercise of that authority affects any action filed before,
on, or after the date of the exercise of that authority or of
the enactment of this Act.
(3) Notification to congress.--A waiver by the President
under paragraph (1) shall cease to be effective 30 days after
it is made unless the President has notified Congress in
writing of the basis for the waiver as determined by the
President under paragraph (1).
(4) Sense of congress.--It is the sense of the Congress
that the President, acting through the Secretary of State,
should work with the Government of Iraq on a state-to-state
basis to ensure compensation for any meritorious claims based
on terrorist acts committed by the Saddam Hussein regime
against individuals who were United States nationals or
members of the United States Armed Forces at the time of
those terrorist acts and whose claims cannot be addressed in
courts in the United States due to the exercise of the waiver
authority under paragraph (1).
(e) Severability.--If any provision of this section or the
amendments made by this section, or the application of such
provision to any person or circumstance, is held invalid, the
remainder of this section and such amendments, and the
application of such provision to other persons not similarly
situated or to other circumstances, shall not be affected by
such invalidation.

TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON TOTAL COMPENSATION PAID TO FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS UNDER AREAS OF
UNITED STATES CENTRAL COMMAND.

(a) Extension.--Section 1105 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3450), as amended by section 1105 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2409), is amended--
(1) in subsection (a)--
(A) by striking ``and 2007'' and inserting ``, 2007, and
2008''; and
(B) by striking ``Code).'' and inserting ``Code) or, during
2008, a military operation (including a contingency
operation, as so defined) or an operation in response to an
emergency declared by the President.''; and
(2) in subsection (b), by striking ``2007.'' and inserting
``2007 or 2008.''.
(b) Retroactive Effective Date.--The amendments made by
subsection (a) shall take effect as of December 31, 2007.

SEC. 1102. CONTINUATION OF LIFE INSURANCE COVERAGE FOR
FEDERAL EMPLOYEES CALLED TO ACTIVE DUTY.

Section 8706 of title 5, United States Code, is amended--
(1) by redesignating subsections (d) through (g) as
subsections (e) through (h), respectively; and
(2) by inserting after subsection (c) the following:
``(d)(1) An employee who enters on approved leave without
pay in the circumstances described in paragraph (2) may elect
to have such employee's life insurance continue (beyond the
end of the 12 months of coverage provided for under
subsection (a)) for an additional 12 months and arrange to
pay currently into the Employees' Life Insurance Fund,
through such employee's employing agency, both employee and
agency contributions, from the beginning of that additional
12 months of coverage. The employing agency shall forward the
premium payments to the Fund. If the employee does not so
elect, such employee's insurance will continue during nonpay
status and stop as provided by subsection (a). An individual
making an election under this subsection may cancel that
election at any time, in which case such employee's insurance
will stop as provided by subsection (a) or upon receipt of
notice of cancellation, whichever is later.
``(2) This subsection applies in the case of any employee
who--
``(A) is a member of a reserve component of the armed
forces called or ordered to active duty under a call or order
that does not specify a period of 30 days or less; and
``(B) enters on approved leave without pay to perform
active duty pursuant to such call or order.''.

SEC. 1103. TRANSPORTATION OF DEPENDENTS, HOUSEHOLD EFFECTS,
AND PERSONAL PROPERTY TO FORMER HOME FOLLOWING
DEATH OF FEDERAL EMPLOYEE WHERE DEATH RESULTED
FROM DISEASE OR INJURY INCURRED IN THE CENTRAL
COMMAND AREA OF RESPONSIBILITY.

(a) In General.--Paragraph (2) of section 5742(b) of title
5, United States Code, is amended to read as follows:
``(2) the expense of transporting his dependents, including
expenses of packing, crating, draying, and transporting
household effects and other personal property to his former
home or such other place as is determined by the head of the
agency concerned, if--
``(A) the employee died while performing official duties
outside the continental United States or in transit thereto
or therefrom; or
``(B) in the case of an employee who was a party to a
mandatory mobility agreement that was in effect when the
employee died--
``(i) the employee died in the circumstances described in
subparagraph (A); or
``(ii)(I) the employee died as a result of disease or
injury incurred while performing official duties--

``(aa) in an overseas location that, at the time such
employee was performing such official duties, was within the
area of responsibility of the Commander of the United States
Central Command; and
``(bb) in direct support of or directly related to a
military operation, including a contingency operation (as
defined in section 101(13) of title 10) or an operation in
response to an emergency declared by the President; and

``(II) the employee's dependents were residing either
outside the continental United States or within the
continental United States when the employee died; and''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to deaths occurring on or after the
date of the enactment of this Act.

SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES ASSIGNED
ON DEPLOYMENT TEMPORARY CHANGE OF STATION.

(a) Authority.--Subchapter II of chapter 57 of title 5,
United States Code, is amended by inserting after section
5737 the following:

[[Page H179]]

``Sec. 5737a. Employees temporarily deployed in contingency
operations

``(a) Definitions.--For purposes of this section--
``(1) the term `covered employee' means an individual who--
``(A) is an employee of an Executive agency or a military
department, excluding a Government controlled corporation;
and
``(B) is assigned on a temporary change of station in
support of a contingency operation;
``(2) the term `temporary change of station', as used with
respect to an employee, means an assignment--
``(A) from the employee's official duty station to a
temporary duty station; and
``(B) for which such employee is eligible for expenses
under section 5737; and
``(3) the term `contingency operation' has the meaning
given such term by section 1482a(c) of title 10.
``(b) Quarters and Rations.--The head of an agency may
provide quarters and rations, without charge, to any covered
employee of such agency during the period of such employee's
temporary assignment (as described in subsection (a)(1)(B)).
``(c) Storage of Motor Vehicle.--The head of an agency may
provide for the storage, without charge, or for the
reimbursement of the cost of storage, of a motor vehicle that
is owned or leased by a covered employee of such agency (or
by a dependent of such an employee) and that is for the
personal use of the covered employee. This subsection shall
apply--
``(1) with respect to storage during the period of the
employee's temporary assignment (as described in subsection
(a)(1)(B)); and
``(2) in the case of a covered employee, with respect to
not more than one motor vehicle as of any given time.
``(d) Relationship to Other Benefits.--Any benefits under
this section shall be in addition to (and not in lieu of) any
other benefits for which the covered employee is otherwise
eligible.''.
(b) Clerical Amendment.--The table of sections for chapter
57 of such title is amended by inserting after the item
relating to section 5737 the following:
``5737a. Employees temporarily deployed in contingency operations.''.

SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES.

(a) Death Gratuity Authorized.--Chapter 81 of title 5,
United States Code, is amended by inserting after section
8102 the following:

``Sec. 8102a. Death gratuity for injuries incurred in
connection with employee's service with an Armed Force

``(a) Death Gratuity Authorized.--The United States shall
pay a death gratuity of up to $100,000 to or for the survivor
prescribed by subsection (d) immediately upon receiving
official notification of the death of an employee who dies of
injuries incurred in connection with the employee's service
with an Armed Force in a contingency operation.
``(b) Retroactive Payment in Certain Cases.--At the
discretion of the Secretary concerned, subsection (a) may
apply in the case of an employee who died, on or after
October 7, 2001, and before the date of enactment of this
section, as a result of injuries incurred in connection with
the employee's service with an Armed Force in the theater of
operations of Operation Enduring Freedom or Operation Iraqi
Freedom.
``(c) Relationship to Other Benefits.--The death gratuity
payable under this section shall be reduced by the amount of
any death gratuity provided under section 413 of the Foreign
Service Act of 1980, section 1603 of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006, or any other law of
the United States based on the same death.
``(d) Eligible Survivors.--
``(1) Subject to paragraph (5), a death gratuity payable
upon the death of a person covered by subsection (a) shall be
paid to or for the living survivor highest on the following
list:
``(A) The employee's surviving spouse.
``(B) The employee's children, as prescribed by paragraph
(2), in equal shares.
``(C) If designated by the employee, any one or more of the
following persons:
``(i) The employee's parents or persons in loco parentis,
as prescribed by paragraph (3).
``(ii) The employee's brothers.
``(iii) The employee's sisters.
``(D) The employee's parents or persons in loco parentis,
as prescribed by paragraph (3), in equal shares.
``(E) The employee's brothers and sisters in equal shares.

Subparagraphs (C) and (E) of this paragraph include brothers
and sisters of the half blood and those through adoption.
``(2) Paragraph (1)(B) applies, without regard to age or
marital status, to--
``(A) legitimate children;
``(B) adopted children;
``(C) stepchildren who were a part of the decedent's
household at the time of death;
``(D) illegitimate children of a female decedent; and
``(E) illegitimate children of a male decedent--
``(i) who have been acknowledged in writing signed by the
decedent;
``(ii) who have been judicially determined, before the
decedent's death, to be his children;
``(iii) who have been otherwise proved, by evidence
satisfactory to the employing agency, to be children of the
decedent; or
``(iv) to whose support the decedent had been judicially
ordered to contribute.
``(3) Subparagraphs (C) and (D) of paragraph (1), so far as
they apply to parents and persons in loco parentis, include
fathers and mothers through adoption, and persons who stood
in loco parentis to the decedent for a period of not less
than one year at any time before the decedent became an
employee. However, only one father and one mother, or their
counterparts in loco parentis, may be recognized in any case,
and preference shall be given to those who exercised a
parental relationship on the date, or most nearly before the
date, on which the decedent became an employee.
``(4) Beginning on the date of the enactment of this
paragraph, a person covered by this section may designate
another person to receive not more than 50 percent of the
amount payable under this section. The designation shall
indicate the percentage of the amount, to be specified only
in 10 percent increments up to the maximum of 50 percent,
that the designated person may receive. The balance of the
amount of the death gratuity shall be paid to or for the
living survivors of the person concerned in accordance with
subparagraphs (A) through (E) of paragraph (1).
``(5) If a person entitled to all or a portion of a death
gratuity under paragraph (1) or (4) dies before the person
receives the death gratuity, it shall be paid to the living
survivor next in the order prescribed by paragraph (1).
``(e) Definitions.--(1) The term `contingency operation'
has the meaning given to that term in section 1482a(c) of
title 10, United States Code.
``(2) The term `employee' has the meaning provided in
section 8101 of this title, but also includes a
nonappropriated fund instrumentality employee, as defined in
section 1587(a)(1) of title 10.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by inserting
after the item relating to section 8102 the following:

``8102a. Death gratuity for injuries incurred in connection with
employee's service with an Armed Force.''.

SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY PERSONNEL
SYSTEM.

(a) In General.--Section 9902 of title 5, United States
Code, is amended to read as follows:

``Sec. 9902. Establishment of human resources management
system

``(a) In General.--The Secretary may, in regulations
prescribed jointly with the Director, establish, and from
time to time adjust, a human resources management system for
some or all of the organizational or functional units of the
Department of Defense. The human resources management system
established under authority of this section shall be referred
to as the `National Security Personnel System'.
``(b) System Requirements.--Any system established under
subsection (a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and fitness
set forth in section 2301, including the principles of hiring
based on merit, fair treatment without regard to political
affiliation or other nonmerit considerations, equal pay for
equal work, and protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to prohibited
personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1), (8), and (9); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b)(1), (8), and (9) by--
``(I) providing for equal employment opportunity through
affirmative action; or
``(II) providing any right or remedy available to any
employee or applicant for employment in the public service;
``(D) any other provision of this part (as described in
subsection (d)); or
``(E) any rule or regulation prescribed under any provision
of law referred to in this paragraph;
``(4) not apply to any prevailing rate employees, as
defined in section 5342(a)(2);
``(5) ensure that employees may organize, bargain
collectively, and participate through labor organizations of
their own choosing in decisions which affect them, subject to
any exclusion from coverage or limitation on negotiability
established pursuant to law;
``(6) not be limited by any specific law or authority under
this title, or by any rule or regulation prescribed under
this title, that is waived in regulations prescribed under
this chapter, subject to paragraph (3); and
``(7) include a performance management system that
incorporates the following elements:
``(A) Adherence to merit principles set forth in section
2301.
``(B) A fair, credible, and transparent employee
performance appraisal system.
``(C) A link between the performance management system and
the agency's strategic plan.
``(D) A means for ensuring employee involvement in the
design and implementation of the system.
``(E) Adequate training and retraining for supervisors,
managers, and employees in the implementation and operation
of the performance management system.

[[Page H180]]

``(F) A process for ensuring ongoing performance feedback
and dialogue between supervisors, managers, and employees
throughout the appraisal period, and setting timetables for
review.
``(G) Effective safeguards to ensure that the management of
the system is fair and equitable and based on employee
performance.
``(H) A means for ensuring that adequate agency resources
are allocated for the design, implementation, and
administration of the performance management system.
``(I) A pay-for-performance evaluation system to better
link individual pay to performance, and provide an equitable
method for appraising and compensating employees.
``(c) Personnel Management at Defense Laboratories.--
``(1) The National Security Personnel System shall not
apply with respect to a laboratory under paragraph (2) before
October 1, 2011, and shall apply on or after October 1, 2011,
only to the extent that the Secretary determines that the
flexibilities provided by the National Security Personnel
System are greater than the flexibilities provided to those
laboratories pursuant to section 342 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
108 Stat. 2721) and section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (5
U.S.C. 3104 note), respectively.
``(2) The laboratories to which this subsection applies
are--
``(A) the Aviation and Missile Research Development and
Engineering Center;
``(B) the Army Research Laboratory;
``(C) the Medical Research and Materiel Command;
``(D) the Engineer Research and Development Command;
``(E) the Communications-Electronics Command;
``(F) the Soldier and Biological Chemical Command;
``(G) the Naval Sea Systems Command Centers;
``(H) the Naval Research Laboratory;
``(I) the Office of Naval Research; and
``(J) the Air Force Research Laboratory.
``(d) Other Nonwaivable Provisions.--The other provisions
of this part referred to in subsection (b)(3)(D) are--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55 (except subchapter V thereof,
apart from section 5545b), 57, 59, 71, 72, 73, 75, 77, and
79, and this chapter.
``(e) Limitations Relating to Pay.--
``(1) Nothing in this section shall constitute authority to
modify the pay of any employee who serves in an Executive
Schedule position under subchapter II of chapter 53.
``(2) Except as provided for in paragraph (1), the total
amount in a calendar year of allowances, differentials,
bonuses, awards, or other similar cash payments paid under
this title to any employee who is paid under section 5376 or
5383 or under title 10 or under other comparable pay
authority established for payment of Department of Defense
senior executive or equivalent employees may not exceed the
total annual compensation payable to the Vice President under
section 104 of title 3.
``(3) To the maximum extent practicable, the rates of
compensation for civilian employees at the Department of
Defense shall be adjusted at the same rate, and in the same
proportion, as are rates of compensation for members of the
uniformed services.
``(4) To the maximum extent practicable, for fiscal years
2004 through 2012, the overall amount allocated for
compensation of the civilian employees of an organizational
or functional unit of the Department of Defense that is
included in the National Security Personnel System shall not
be less than the amount that would have been allocated for
compensation of such employees for such fiscal year if they
had not been converted to the National Security Personnel
System, based on, at a minimum--
``(A) the number and mix of employees in such
organizational or functional unit prior to the conversion of
such employees to the National Security Personnel System; and
``(B) adjusted for normal step increases and rates of
promotion that would have been expected, had such employees
remained in their previous pay schedule.
``(5) To the maximum extent practicable, the regulations
implementing the National Security Personnel System shall
provide a formula for calculating the overall amount to be
allocated for fiscal years after fiscal year 2012 for
compensation of the civilian employees of an organization or
functional unit of the Department of Defense that is included
in the National Security Personnel System. The formula shall
ensure that in the aggregate, employees are not disadvantaged
in terms of the overall amount of pay available as a result
of conversion to the National Security Personnel System,
while providing flexibility to accommodate changes in the
function of the organization, changes in the mix of employees
performing those functions, and other changed circumstances
that might impact pay levels.
``(6) Amounts allocated for compensation of civilian
employees of the Department of Defense pursuant to paragraphs
(4) and (5) shall be available only for the purpose of
providing such compensation.
``(7) At the time of any annual adjustment to pay schedules
pursuant to section 5303, the rate of basic pay for each
employee of an organizational or functional unit of the
Department of Defense that is included in the National
Security Personnel System who receives a performance rating
above unacceptable or who does not have a current rating of
record for the most recently completed appraisal period shall
be adjusted by no less than 60 percent of the amount of such
adjustment. The balance of the amount that would have been
available for an annual adjustment under section 5303 shall
be allocated to pay pool funding, for the purpose of
increasing rates of pay on the basis of employee performance.
``(8) Each employee of an organizational or functional unit
of the Department of Defense that is included in the National
Security Personnel System who receives a performance rating
above unacceptable or who does not have a current rating of
record for the most recently completed appraisal period shall
receive--
``(A) locality-based comparability payments under section
5304 and section 5304a in the same manner and to the same
extent as employees under the General Schedule; or
``(B) the full measure of any other local market supplement
applicable to the employee if locality-based comparability
payments referred to in subparagraph (A) are not generally
applicable to the employee.

Nothing in this paragraph shall be construed to make
locality-based comparability payments or other local market
supplements payable to any category of employees or positions
which were ineligible for such payments or supplements (as
the case may be) as of the day before the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2004.
``(9) Any rate of pay established or adjusted in accordance
with the requirements of this section shall be non-
negotiable, but shall be subject to procedures and
appropriate arrangements of paragraphs (2) and (3) of section
7106(b), except that nothing in this paragraph shall be
construed to eliminate the bargaining rights of any category
of employees who were authorized to negotiate rates of pay as
of the day before the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2004.
``(f) Provisions Regarding National Level Bargaining.--
``(1) The Secretary may bargain with a labor organization
which has been accorded exclusive recognition under chapter
71 at an organizational level above the level of exclusive
recognition. The decision to bargain above the level of
exclusive recognition shall not be subject to review. The
Secretary shall consult with the labor organization before
determining the appropriate organizational level of
bargaining.
``(2) Any such bargaining shall--
``(A) address issues that are--
``(i) subject to bargaining under chapter 71 and this
chapter;
``(ii) applicable to multiple bargaining units; and
``(iii) raised by either party to the bargaining;
``(B) except as agreed by the parties or directed through
an independent dispute resolution process agreed upon by the
parties, be binding on all affected subordinate bargaining
units of the labor organization at the level of recognition
and their exclusive representatives, and the Department of
Defense and its subcomponents, without regard to levels of
recognition;
``(C) to the extent agreed by the parties or directed
through an independent dispute resolution process agreed upon
by the parties, supersede conflicting provisions of all other
collective bargaining agreements of the labor organization,
including collective bargaining agreements negotiated with an
exclusive representative at the level of recognition; and
``(D) except as agreed by the parties or directed through
an independent dispute resolution process agreed upon by the
parties, not be subject to further negotiations for any
purpose, including bargaining at the level of recognition.
``(3) Any independent dispute resolution process agreed to
by the parties for the purposes of paragraph (2) shall have
the authority to address all issues on which the parties are
unable to reach agreement.
``(4) The National Guard Bureau and the Army and Air Force
National Guard may be included in coverage under this
subsection.
``(5) Any bargaining completed pursuant to this subsection
with a labor organization not otherwise having national
consultation rights with the Department of Defense or its
subcomponents shall not create any obligation on the
Department of Defense or its subcomponents to confer national
consultation rights on such a labor organization.
``(g) Provisions Related to Separation and Retirement
Incentives.--
``(1) The Secretary may establish a program within the
Department of Defense under which employees may be eligible
for early retirement, offered separation incentive pay to
separate from service voluntarily, or both. This authority
may be used to reduce the number of personnel employed by the
Department of Defense or to restructure the workforce to meet
mission objectives without reducing the overall number of
personnel. This authority is in addition to, and
notwithstanding, any other authorities established by law or
regulation for such programs.
``(2)(A) The Secretary may not authorize the payment of
voluntary separation incentive pay under paragraph (1) to
more than 25,000 employees in any fiscal year, except

[[Page H181]]

that employees who receive voluntary separation incentive pay
as a result of a closure or realignment of a military
installation under the Defense Base Closure and Realignment
Act of 1990 (title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) shall not be included in that number.
``(B) The Secretary shall prepare a report each fiscal year
setting forth the number of employees who received such pay
as a result of a closure or realignment of a military base as
described under subparagraph (A).
``(C) The Secretary shall submit the report under
subparagraph (B) to the Committee on Armed Services and the
Committee on Governmental Affairs of the Senate, and the
Committee on Armed Services and the Committee on Government
Reform of the House of Representatives.
``(3) For purposes of this section, the term `employee'
means an employee of the Department of Defense, serving under
an appointment without time limitation, except that such term
does not include--
``(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84, or another retirement system for
employees of the Federal Government;
``(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability
retirement under any of the retirement systems referred to in
subparagraph (A); or
``(C) for purposes of eligibility for separation incentives
under this section, an employee who is in receipt of a
decision notice of involuntary separation for misconduct or
unacceptable performance.
``(4) An employee who is at least 50 years of age and has
completed 20 years of service, or has at least 25 years of
service, may, pursuant to regulations promulgated under this
section, apply and be retired from the Department of Defense
and receive benefits in accordance with chapter 83 or 84 if
the employee has been employed continuously within the
Department of Defense for more than 30 days before the date
on which the determination to conduct a reduction or
restructuring within 1 or more Department of Defense
components is approved.
``(5)(A) Separation pay shall be paid in a lump sum or in
installments and shall be equal to the lesser of --
``(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c), if the employee
were entitled to payment under such section; or
``(ii) $25,000.
``(B) Separation pay shall not be a basis for payment, and
shall not be included in the computation, of any other type
of Government benefit. Separation pay shall not be taken into
account for the purpose of determining the amount of any
severance pay to which an individual may be entitled under
section 5595, based on any other separation.
``(C) Separation pay, if paid in installments, shall cease
to be paid upon the recipient's acceptance of employment by
the Federal Government, or commencement of work under a
personal services contract as described in paragraph (6).
``(6)(A) An employee who receives separation pay under such
program may not be reemployed by the Department of Defense
for a 12-month period beginning on the effective date of the
employee's separation, unless this prohibition is waived by
the Secretary on a case-by-case basis.
``(B) An employee who receives separation pay under this
section on the basis of a separation occurring on or after
the date of the enactment of the Federal Workforce
Restructuring Act of 1994 (Public Law 103-226; 108 Stat. 111)
and accepts employment with the Government of the United
States, or who commences work through a personal services
contract with the United States within 5 years after the date
of the separation on which payment of the separation pay is
based, shall be required to repay the entire amount of the
separation pay to the Department of Defense. If the
employment is with an Executive agency (as defined by section
105) other than the Department of Defense, the Director may,
at the request of the head of that agency, waive the
repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for
the position. If the employment is within the Department of
Defense, the Secretary may waive the repayment if the
individual involved is the only qualified applicant available
for the position. If the employment is with an entity in the
legislative branch, the head of the entity or the appointing
official may waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position. If the employment is
with the judicial branch, the Director of the Administrative
Office of the United States Courts may waive the repayment if
the individual involved possesses unique abilities and is the
only qualified applicant available for the position.
``(7) Under this program, early retirement and separation
pay may be offered only pursuant to regulations established
by the Secretary, subject to such limitations or conditions
as the Secretary may require.
``(h) Provisions Relating to Reemployment.--
``(1) Except as provided under paragraph (2), if an
annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in a position
within the Department of Defense, his annuity shall continue.
An annuitant so reemployed shall not be considered an
employee for purposes of subchapter III of chapter 83 or
chapter 84.
``(2)(A) An annuitant retired under section 8336(d)(1) or
8414(b)(1)(A) receiving an annuity from the Civil Service
Retirement and Disability Fund, who becomes employed in a
position within the Department of Defense after the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136), may elect to be
subject to section 8344 or 8468 (as the case may be).
``(B) An election for coverage under this paragraph shall
be filed not later than the later of 90 days after the date
the Department of Defense--
``(i) prescribes regulations to carry out this subsection;
or
``(ii) takes reasonable actions to notify employees who may
file an election.
``(C) If an employee files an election under this
paragraph, coverage shall be effective beginning on the first
day of the first applicable pay period beginning on or after
the date of the filing of the election.
``(D) Paragraph (1) shall apply to an individual who is
eligible to file an election under subparagraph (A) and does
not file a timely election under subparagraph (B).
``(3) The Secretary shall prescribe regulations to carry
out this subsection.
``(i) Additional Provisions Relating to Personnel
Management.--
``(1) Subject to the requirements of chapter 71 and the
limitations in subsection (b)(3), the Secretary of Defense,
in establishing and implementing the National Security
Personnel System under subsection (a), shall not be limited
by any provision of this title or any rule or regulation
prescribed under this title in establishing and implementing
regulations relating to--
``(A) the methods of establishing qualification
requirements for, recruitment for, and appointments to
positions; and
``(B) the methods of assigning, reassigning, detailing,
transferring, or promoting employees.
``(2) In implementing this subsection, the Secretary shall
comply with the provisions of section 2302(b)(11), regarding
veterans' preference requirements, as provided for in
subsection (b)(3).
``(j) Phase-in.--The Secretary may not, in any calendar
year, add any organizational or functional unit to the
National Security Personnel System which would cause the
total number of employees added to such System in such year
to exceed 100,000.''.
(b) Implementation.--
(1) The requirements of section 9902 of title 5, United
States Code, as amended by this section, may be implemented
through rules promulgated jointly by the Secretary of Defense
and the Director of the Office of Personnel Management after
notice and opportunity for public comment or through
Department of Defense rules or internal agency implementing
issuances. Rules promulgated jointly by the Secretary and the
Director under this paragraph shall be treated as major rules
for the purposes of section 801 of title 5, United States
Code.
(2) Both rules and implementing issuances shall be subject
to collective bargaining consistent with the requirements of
chapter 71 of title 5, United States Code. Rules promulgated
jointly by the Secretary of Defense and the Director of the
Office of Personnel Management after notice and opportunity
for public comment and in accordance with the requirements of
section 801 of such title 5 for a major rule shall be treated
in the same manner as government-wide rules for the purpose
of such collective bargaining, if such rules are uniformly
applicable to all organizational or functional units included
in the National Security Personnel System.
(3) Any rules and implementing issuances that were adopted
prior to the date of the enactment of this Act--
(A) shall be invalid to the extent that they are
inconsistent with the requirements of section 9902 of title
5, United States Code, as amended by this section;
(B) shall not supersede a collective bargaining agreement
that was in place prior to the date on which the rule or
implementing issuance was promulgated; and
(C) shall be subject to collective bargaining--
(i) in the case of rules which are uniformly applicable to
all organizational or functional units included in the
National Security Personnel System and issued jointly by the
Secretary of Defense and the Director of the Office of
Personnel Management pursuant to subsection 9902(f)(1) of
title 5, United States Code (as in effect prior to the
enactment of this section), only as to impact and
implementation, when applied to employees of the Department
of Defense from any bargaining unit;
(ii) in the case of any other rules or implementing
issuances, to the extent provided in chapter 71 of title 5,
United States Code.
(4) The availability of judicial review of any rules or
implementing issuances that were adopted prior to the date of
the enactment of this Act shall not be affected by the
enactment of this section.
(c) Comptroller General Reviews.--
(1) The Comptroller General shall conduct annual reviews in
calendar years 2008, 2009 and 2010 of--
(A) employee satisfaction with the National Security
Personnel System established pursuant to section 9902 of
title 5, United States Code, as amended by this section; and
(B) the extent to which the Department of Defense has
effectively implemented accountability mechanisms, including
those

[[Page H182]]

established in section 9902(b)(7) of title 5, United States
Code, and internal safeguards for the National Security
Personnel System.
(2) To the extent that the Department of Defense undertakes
internal assessments or employee surveys to assess employee
satisfaction with the National Security Personnel System in
any such calendar year, the Comptroller General shall--
(A) determine whether such assessments or surveys are
appropriately designed and statistically valid; and
(B) provide an independent evaluation of the results of
such assessments or surveys.
(3) To the extent that the Department of Defense does not
undertake appropriately designed and statistically valid
employee surveys, the Comptroller General shall conduct such
a survey and provide an independent evaluation of the
results.
(4) The Comptroller General shall report the results of
each annual review conducted under this subsection to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of
Representatives.

SEC. 1107. REQUIREMENT FOR FULL IMPLEMENTATION OF PERSONNEL
DEMONSTRATION PROJECT.

(a) Requirement.--The Secretary of Defense shall take all
necessary actions to fully implement and use the authorities
provided to the Secretary under section 342(b) of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2721), as amended by section
1114 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-315), to carry out personnel
management demonstration projects at Department of Defense
laboratories that are exempted by section 9902(c) of title 5,
United States Code, from inclusion in the Department of
Defense National Security Personnel System.
(b) Process for Full Implementation.--The Secretary of
Defense shall also implement a process and implementation
plan to fully utilize the authorities described in subsection
(a) to enhance the performance of the missions of the
laboratories.
(c) Other Laboratories.--Any flexibility available to any
demonstration laboratory shall be available for use at any
other laboratory as enumerated in section 9902(c)(2) of title
5, United States Code.
(d) Submission of List and Description.--Not later than
March 1 of each year, beginning with March 1, 2008, the
Secretary of Defense shall submit to Congress a list and
description of the demonstration project notices, amendments,
and changes requested by the laboratories during the
preceding calendar year. The list shall include all approved
and disapproved notices, amendments, and changes, and the
reasons for disapproval or delay in approval.

SEC. 1108. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE OF
DEFENSE RESEARCH AND ENGINEERING POSITIONS IN
EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC
AND TECHNICAL PERSONNEL.

Section 1101(b)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note)
is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by adding ``and'' at the end; and
(3) by adding after subparagraph (C) the following:
``(D) not more than a total of 10 scientific and
engineering positions in the Office of the Director of
Defense Research and Engineering;''.

SEC. 1109. PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF
INFORMATION TECHNOLOGY PERSONNEL TO PRIVATE
SECTOR ORGANIZATIONS.

(a) Assignment Authority.--The Secretary of Defense may,
with the agreement of the private sector organization and the
Department of Defense employee concerned, arrange for the
temporary assignment of such employee to such private sector
organization under this section. An employee shall be
eligible for such an assignment only if--
(1) the employee--
(A) works in the field of information technology
management;
(B) is considered to be an exceptional employee;
(C) is expected to assume increased information technology
management responsibilities in the future;
(D) is compensated at not less than the GS-11 level (or the
equivalent); and
(E) is serving under a career or career-conditional
appointment or an appointment of equivalent tenure in the
excepted service; and
(2) the proposed assignment meets applicable requirements
of section 209(b) of the E-Government Act of 2002 (44 U.S.C.
3501 note).
(b) Agreements.--The Secretary of Defense shall provide for
a written agreement between the Department of Defense and the
employee concerned regarding the terms and conditions of the
employee's assignment under this section. The agreement--
(1) shall require that, upon completion of the assignment,
the employee will serve in the civil service for a period
equal to the length of the assignment; and
(2) shall provide that if the employee fails to carry out
the agreement, such employee shall be liable to the United
States for payment of all expenses of the assignment, unless
that failure was for good and sufficient reason (as
determined by the Secretary of Defense).

An amount for which an employee is liable under paragraph (2)
shall be treated as a debt due the United States.
(c) Termination.--An assignment under this section may, at
any time and for any reason, be terminated by the Department
of Defense or the private sector organization concerned.
(d) Duration.--An assignment under this section shall be
for a period of not less than 3 months and not more than 1
year, and may be extended in 3-month increments for a total
of not more than 1 additional year; however, no assignment
under this section may commence after September 30, 2010.
(e) Considerations.--In carrying out this section, the
Secretary of Defense--
(1) shall ensure that, of the assignments made under this
section each year, at least 20 percent are to small business
concerns (as defined by section 3703(e)(2)(A) of title 5,
United States Code); and
(2) shall take into consideration the question of how
assignments under this section might best be used to help
meet the needs of the Department of Defense with respect to
the training of employees in information technology
management.
(f) Numerical Limitation.--In no event may more than 10
employees be participating in assignments under this section
as of any given time.
(g) Reporting Requirement.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the potential benefits
of a program under which employees specializing in
information technology may be temporarily assigned from
private sector organizations to the Department of Defense.
(2) Contents.--The report shall include--
(A) a statement of findings and an explanation of the bases
for those findings;
(B) an assessment of the laws, rules, and processes
relating to the prevention of conflicts of interest and abuse
which would apply to private sector employees during the
period of their assignment to the Department of Defense, and
whether they need to be strengthened or otherwise changed;
(C) mechanisms proposed for the governance and oversight of
the program; and
(D) recommendations for any legislation which may be
necessary.

SEC. 1110. COMPENSATION FOR FEDERAL WAGE SYSTEM EMPLOYEES FOR
CERTAIN TRAVEL HOURS.

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

SEC. 1111. TRAVEL COMPENSATION FOR WAGE GRADE PERSONNEL.

(a) Eligibility for Compensatory Time Off for Travel.--
Section 5550b(a) of title 5, United States Code, is amended
by striking ``section 5542(b)(2),'' and inserting ``any
provision of section 5542(b)(2) or 5544(a),''.
(b) Conforming Amendment.--Section 5541(2)(xi) of such
title is amended by striking ``section 5544'' and inserting
``section 5544 or 5550b''.
(c) Effective Date.--The amendments made by this section
shall take effect on the earlier of--
(1) the effective date of any regulations prescribed to
carry out such amendments; or
(2) the 90th day after the date of the enactment of this
Act.

SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR LEVEL
EMPLOYEES.

Section 6304(f)(1) of title 5, United States Code, is
amended--
(1) in the matter before subparagraph (A), by striking ``in
a position in--'' and inserting ``in--'';
(2) in subparagraphs (A) through (E), by inserting ``a
position in'' before ``the'';
(3) in subparagraph (D), by striking ``or'' at the end;
(4) in subparagraph (E), by striking the period and
inserting a semicolon; and
(5) by adding after subparagraph (E) the following:
``(F) a position to which section 5376 applies; or
``(G) a position designated under section 1607(a) of title
10 as an Intelligence Senior Level position.''.

SEC. 1113. UNIFORM ALLOWANCES FOR CIVILIAN EMPLOYEES.

Section 1593(b) of title 10, United States Code, is amended
by striking ``$400 per year.'' and inserting ``$400 per year
(or such higher maximum amount as the Secretary of Defense
may by regulation prescribe).''.

SEC. 1114. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES WHO MOVE
FROM A DEPARTMENT OF DEFENSE OR COAST GUARD
NONAPPROPRIATED FUND INSTRUMENTALITY POSITION
TO A POSITION IN THE GENERAL SCHEDULE PAY
SYSTEM.

Section 5334(f) of title 5, United States Code, is
amended--
(1) by striking ``(f)'' and inserting ``(f)(1)'';
(2) in the first sentence, by striking ``does not exceed''
and all that follows through ``2105(c).'' and inserting the
following: ``does not exceed--
``(A) if the highest previous rate of basic pay received by
that employee during the

[[Page H183]]

employee's service described in section 2105(c) is equal to a
rate of the appropriate grade, such rate of the appropriate
grade;
``(B) if the employee's highest previous rate of basic pay
(as described in subparagraph (A)) is between two rates of
the appropriate grade, the higher of those two rates; or
``(C) if the employee's highest previous rate of basic pay
(as described in subparagraph (A)) exceeds the maximum rate
of the appropriate grade, the maximum rate of the appropriate
grade.''; and
(3) in the second sentence, by striking ``In the case of''
and inserting the following:
``(2) In the case of''.

SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET OR
MIDSHIPMAN AT A MILITARY SERVICE ACADEMY.

(a) Civil Service Retirement System.--Section 8331(13) of
title 5, United States Code, is amended by striking ``but''
and inserting ``and includes service as a cadet at the United
States Military Academy, the United States Air Force Academy,
or the United States Coast Guard Academy, or as a midshipman
at the United States Naval Academy, but''.
(b) Federal Employees' Retirement System.--Section 8401(31)
of such title is amended by striking ``but'' and inserting
``and includes service as a cadet at the United States
Military Academy, the United States Air Force Academy, or the
United States Coast Guard Academy, or as a midshipman at the
United States Naval Academy, but''.
(c) Applicability.--The amendments made by this section
shall apply to--
(1) any annuity, eligibility for which is based upon a
separation occurring before, on, or after the date of
enactment of this Act; and
(2) any period of service as a cadet at the United States
Military Academy, the United States Air Force Academy, or the
United States Coast Guard Academy, or as a midshipman at the
United States Naval Academy, occurring before, on, or after
the date of enactment of this Act.

SEC. 1116. AUTHORIZATION FOR INCREASED COMPENSATION FOR
FACULTY AND STAFF OF THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.

Section 2113(c) of title 10, United States Code, as
redesignated by section 954(a)(3) of this Act, is amended--
(1) in paragraph (1)--
(A) by inserting ``(after due consideration by the
Secretary)'' before ``so as''; and
(B) by striking ``within the vicinity of the District of
Columbia'' and inserting ``identified by the Secretary for
purposes of this paragraph''; and
(2) in paragraph (4)--
(A) by striking ``section 5373'' and inserting ``sections
5307 and 5373''; and
(B) by adding at the end the following new sentence: ``In
no event may the total amount of compensation paid to an
employee under paragraph (1) in any year (including salary,
allowances, differentials, bonuses, awards, and other similar
cash payments) exceed the total amount of annual compensation
(excluding expenses) specified in section 102 of title 3.''.

SEC. 1117. REPORT ON ESTABLISHMENT OF A SCHOLARSHIP PROGRAM
FOR CIVILIAN MENTAL HEALTH PROFESSIONALS.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Assistant Secretary of
Defense for Health Affairs and each of the Surgeons General
of the Armed Forces, submit to Congress a report on the
feasibility and advisability of establishing a scholarship
program for civilian mental health professionals.
(b) Elements.--The report shall include the following:
(1) An assessment of a potential scholarship program that
provides certain educational funding to students seeking a
career in mental health services in exchange for service in
the Department of Defense.
(2) An assessment of current scholarship programs which may
be expanded to include mental health professionals.
(3) Recommendations regarding the establishment or
expansion of scholarship programs for mental health
professionals.
(4) A plan to implement, or reasons for not implementing,
recommendations that will increase mental health staffing
across the Department of Defense.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Subtitle B--Matters Relating to Iraq and Afghanistan

Subtitle C--Iraq Refugee Crisis

Subtitle D--Other Authorities and Limitations

Subtitle E--Reports

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

[[Page H184]]

Sec. 1267. Report on threats to the United States from ungoverned
areas.

Subtitle A--Assistance and Training

SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE
ACTIVITIES.

Section 168(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(9) The assignment of personnel described in paragraph
(3) or (4) on a non-reciprocal basis if the Secretary of
Defense determines that such an assignment, rather than an
exchange of personnel, is in the interests of the United
States.''.

SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPERATIONS TO
COMBAT TERRORISM.

(a) Modification of Reporting Requirement.--Subsection (f)
of section 1208 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2086-2087) is amended to read as follows:
``(f) Annual Report.--
``(1) Report required.--Not later than 120 days after the
close of each fiscal year during which subsection (a) is in
effect, the Secretary of Defense shall submit to the
congressional defense committees a report on support provided
under that subsection during that fiscal year.
``(2) Matters to be included.--Each report required by
paragraph (1) shall describe the support provided,
including--
``(A) the country involved in the activity, the individual
or force receiving the support, and, to the maximum extent
practicable, the specific region of each country involved in
the activity;
``(B) the respective dates and a summary of congressional
notifications for each activity;
``(C) the unified commander for each activity, as well as
the related objectives, as established by that commander;
``(D) the total amount obligated to provide the support;
``(E) for each activity that amounts to more than $500,000,
specific budget details that explain the overall funding
level for that activity; and
``(F) a statement providing a brief assessment of the
outcome of the support, including specific indications of how
the support furthered the mission objective of special
operations forces and the types of follow-on support, if any,
that may be necessary.''.
(b) Annual Limitation.--Subsection (g) of such section is
amended--
(1) in the heading, by striking ``Fiscal Year 2005'' and
inserting ``Annual''; and
(2) by striking ``fiscal year 2005'' and inserting ``each
fiscal year during which subsection (a) is in effect''.
(c) Extension of Period of Authority.--Subsection (h) of
such section is amended by striking ``2007'' and inserting
``2010''.

SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL EXPENSES
FOR LIAISON OFFICERS OF CERTAIN FOREIGN
NATIONS.

(a) Authority.--Subsection (a) of section 1051a of title
10, United States Code, is amended--
(1) by striking ``involved in a coalition'' and inserting
``involved in a military operation''; and
(2) by striking ``coalition operation'' and inserting
``military operation''.
(b) Medical Care and Temporary Duty Travel Expenses.--
Subsection (b) of such section is amended--
(1) in the heading, by striking ``and Subsistence''
inserting ``, Subsistence, and Medical Care'';
(2) in paragraph (2), by adding at the end the following:
``(C) Expenses for medical care at a civilian medical
facility if--
``(i) adequate medical care is not available to the liaison
officer at a local military medical treatment facility;
``(ii) the Secretary determines that payment of such
medical expenses is necessary and in the best interests of
the United States; and
``(iii) medical care is not otherwise available to the
liaison officer pursuant to any treaty or other international
agreement.''; and
(3) by adding at the end the following:
``(3) The Secretary may pay the mission-related travel
expenses of a liaison officer described in subsection (a) if
such travel is in support of the national interests of the
United States and the commander of the headquarters to which
the liaison officer is temporarily assigned directs round-
trip travel from the assigned headquarters to one or more
locations.''.
(c) Definition.--Subsection (d) of such section is
amended--
(1) by striking ``(d) Definitions.--'' and all that follows
through ``(1) The term'' and inserting ``(d) Definition.--In
this section, the term''; and
(2) by striking paragraph (2).
(d) Expiration of Authority.--Such section is further
amended by striking subsection (e).
(e) Conforming and Clerical Amendments.--(1) The heading
for such section is amended to read as follows:

``Sec. 1051a. Liaison officers of certain foreign nations;
administrative services and support; travel, subsistence,
medical care, and other personal expenses''.

(2) The table of sections at the beginning of chapter 53 of
title 10, United States Code, is amended by striking the item
relating to section 1051a and inserting the following:
``1051a. Liaison officers of certain foreign nations; administrative
services and support; travel, subsistence, medical care,
and other personal expenses.''.

SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT OF DEFENSE
AUTHORITY TO PARTICIPATE IN MULTINATIONAL
MILITARY CENTERS OF EXCELLENCE.

(a) Extension of Authority.--Subsection (a) of section 1205
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 1202 Stat. 2416) is
amended by striking ``fiscal year 2007'' and inserting
``fiscal years 2007 and 2008''.
(b) Limitation on Amounts Available for Participation.--
Subsection (e) of such section is amended by striking
paragraph (2) and inserting the following new paragraph:
``(2) Limitation on amount.--The amount available under
paragraph (1)(A) for the expenses referred to in that
paragraph may not exceed--
``(A) in fiscal year 2007, $3,000,000; and
``(B) in fiscal year 2008, $5,000,000.''.
(c) Reports.--Subsection (g) of such section is amended--
(1) in paragraph (1)--
(A) by inserting ``and October 31, 2008,'' after ``October
31, 2007,''; and
(B) by striking ``fiscal year 2007'' and inserting ``fiscal
years 2007 and 2008''; and
(2) in paragraph (2)(A), by striking ``during fiscal year
2007'' and inserting ``during the preceding fiscal year''.

SEC. 1205. REAUTHORIZATION OF COMMANDERS' EMERGENCY RESPONSE
PROGRAM.

(a) Authority.--Subsection (a) of section 1202 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3455-3456) is amended--
(1) in the heading, by striking ``Fiscal Years 2006 and
2007'' and inserting ``Fiscal Years 2008 and 2009''; and
(2) in the matter preceding paragraph (1)--
(A) by striking ``fiscal years 2006 and 2007'' and
inserting ``fiscal years 2008 and 2009''; and
(B) by striking ``$500,000,000'' and inserting
``$977,441,000''.
(b) Quarterly Reports.--Subsection (b) of such section is
amended by striking ``fiscal years 2006 and 2007'' and
inserting ``fiscal years 2008 and 2009''.

SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN
FRONTIER CORPS.

(a) Authority.--The Secretary of Defense, with the
concurrence of the Secretary of State, is authorized during
fiscal year 2008 to provide assistance to enhance the ability
of the Pakistan Frontier Corps to conduct counterterrorism
operations along the border between Pakistan and Afghanistan.
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under subsection (a)
may include the provision of equipment, supplies, and
training.
(2) Required elements.--Assistance under subsection (a)
shall be provided in a manner that promotes--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority within
Pakistan.
(c) Limitations.--
(1) Funding limitation.--The Secretary of Defense may use
up to $75,000,000 of funds available to the Department of
Defense for operation and maintenance for fiscal year 2008 to
provide the assistance under subsection (a).
(2) Assistance otherwise prohibited by law.--The Secretary
of Defense may not use the authority in subsection (a) to
provide any type of assistance described in subsection (b)
that is otherwise prohibited by any provision of law.
(d) Congressional Notification.--
(1) In general.--Not less than 15 days before providing
assistance under subsection (a), the Secretary of Defense
shall submit to the congressional committees specified in
paragraph (2) a notice of the following:
(A) The budget, types of assistance, and completion date
for providing the assistance under subsection (a).
(B) The source and planned expenditure of funds for the
assistance under subsection (a).
(2) Specified congressional committees.--The congressional
committees specified in this paragraph are the following:
(A) The Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.
(B) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.

SEC. 1207. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL TO
ASSIST IN ACCOUNTING FOR MISSING UNITED STATES
GOVERNMENT PERSONNEL.

(a) In General.--Chapter 20 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 408. Equipment and training of foreign personnel to
assist in Department of Defense accounting for missing
United States Government personnel

``(a) In General.--The Secretary of Defense may provide
assistance to any foreign nation to assist the Department of
Defense with recovery of and accounting for missing United
States Government personnel.
``(b) Types of Assistance.--The assistance provided under
subsection (a) may include the following:
``(1) Equipment.
``(2) Supplies.
``(3) Services.

[[Page H185]]

``(4) Training of personnel.
``(c) Approval by Secretary of State.--Assistance may not
be provided under this section to any foreign nation unless
the Secretary of State specifically approves the provision of
such assistance.
``(d) Limitation.--The amount of assistance provided under
this section in any fiscal year may not exceed $1,000,000.
``(e) Construction With Other Assistance.--The authority to
provide assistance under this section is in addition to any
other authority to provide assistance to foreign nations
under law.
``(f) Annual Reports.--(1) Not later than December 31 each
year, the Secretary of Defense shall submit to the
congressional defense committees a report on the assistance
provided under this section during the fiscal year ending in
such year.
``(2) Each report under paragraph (1) shall include, for
the fiscal year covered by such report, the following:
``(A) A listing of each foreign nation provided assistance
under this section.
``(B) For each nation so provided assistance, a description
of the type and amount of such assistance.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by adding at
the end the following new item:

``408. Equipment and training of foreign personnel to assist in
Department of Defense accounting for missing United
States Government personnel.''.

SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTIFICATION
SYSTEM DATA ON MARITIME SHIPPING TO FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS.

(a) Authority To Provide Data.--The Secretary of Defense,
with the concurrence of the Secretary of State, may authorize
the Secretary of a military department or a commander of a
combatant command to exchange or furnish automatic
identification system data broadcast by merchant or private
ships and collected by the United States to a foreign country
or international organization pursuant to an agreement for
the exchange or production of such data. Such data may be
transferred pursuant to this section without cost to the
recipient country or international organization.
(b) Definitions.--In this section:
(1) Automatic identification system.--The term ``automatic
identification system'' means a system that is used to
satisfy the requirements of the Automatic Identification
System under the International Convention for the Safety of
Life at Sea, signed at London on November 1, 1974 (TIAS
9700).
(2) Geographic combatant commander.--The term ``commander
of a combatant command'' means a commander of a combatant
command (as such term is defined in section 161(c) of title
10, United States Code) with a geographic area of
responsibility.

SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RELATED PROGRAMS
CARRIED OUT BY THE DEPARTMENT OF DEFENSE.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees a
report that specifies, on a country-by-country basis, each
foreign-assistance related program carried out by the
Department of Defense during the prior fiscal year under the
authorities described in subsection (b).
(b) Matters To Be Included.--The report required under
subsection (a) shall include--
(1) a description of the dollar amount, type of support,
and purpose of each foreign-assistance related program
carried out by the Department of Defense under--
(A) section 1206 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456),
relating to authority to build the capacity of foreign
military forces;
(B) section 1207 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458),
relating to authority to provide security and stabilization
assistance to foreign countries;
(C) section 1208 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3459),
relating to authority to reimburse certain coalition nations
for support provided to United States military operations;
(D) section 1033 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881),
relating to authority to provide additional support for
counter-drug activities of Peru and Colombia;
(E) section 1004 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 374
note), relating to additional support for counter-drug
activities;
(F) section 127d of title 10, United States Code, relating
to authority to provide logistic support, supplies, and
services to allied forces participating in a combined
operation with the Armed Forces;
(G) section 2249c of title 10, United States Code, relating
to authority to use appropriated funds for costs associated
with education and training of foreign officials under the
Regional Defense Combating Terrorism Fellowship Program; and
(H) section 2561 of title 10, United States Code, relating
to authority to provide humanitarian assistance; and
(2) a description of each foreign-assistance related
program that the Department of Defense undertakes or
implements on behalf of any other department or agency of the
United States Government, including programs under the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and
the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Affairs of the House
of Representatives; and
(2) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the
Senate.

SEC. 1210. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR
SECURITY AND STABILIZATION ASSISTANCE.

(a) Program for Assistance.--Section 1207 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3458) is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Formulation and Implementation of Program for
Assistance.--The Secretary of State shall coordinate with the
Secretary of Defense in the formulation and implementation of
a program of reconstruction, security, or stabilization
assistance to a foreign country that involves the provision
of services or transfer of defense articles or funds under
subsection (a).''.
(b) One-Year Extension.--Subsection (g) of such section, as
redesignated by subsection (a) of this section, is amended by
striking ``September 30, 2007'' and inserting ``September 30,
2008''.

SEC. 1211. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON GLOBAL
PEACE OPERATIONS INITIATIVE.

(a) Report Required.--Not later than June 1, 2008, the
Comptroller General of the United States shall submit to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a report assessing the Global
Peace Operations Initiative.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) An assessment of whether, and to what extent, the
Global Peace Operations Initiative has met the goals set by
the President at the inception of the program in 2004.
(2) Which goals, if any, remain unfulfilled.
(3) A description of activities conducted by each member
state of the Group of Eight (G-8), including the approximate
cost of the activities, and the approximate percentage of the
total monetary value of the activities conducted by each G-8
member, including the United States, as well as efforts by
the President to seek contributions or participation by other
G-8 members.
(4) A description of any activities conducted by non-G-8
members, or other organizations and institutions, as well as
any efforts by the President to solicit contributions or
participation.
(5) A description of the extent to which the Global Peace
Operations Initiative has had global participation.
(6) A description of the administration of the program by
the Department of State and Department of Defense,
including--
(A) whether each Department should concentrate
administration in one office or bureau, and if so, which one;
(B) the extent to which the two Departments coordinate and
the quality of their coordination; and
(C) the extent to which contractors are used and an
assessment of the quality and timeliness of the results
achieved by the contractors, and whether the United States
Government might have achieved similar or better results
without contracting out functions.
(7) A description of the metrics, if any, that are used by
the President and the G-8 to measure progress in
implementation of the Global Peace Operations Initiative,
including--
(A) assessments of the quality and sustainability of the
training of individual soldiers and units;
(B) the extent to which the G-8 and participating countries
maintain records or databases of trained individuals and
units and conduct inspections to measure and monitor the
continued readiness of such individuals and units;
(C) the extent to which the individuals and units are
equipped and remain equipped to deploy in peace operations;
and
(D) the extent to which, the timeline by which, and how
individuals and units can be mobilized for peace operations.
(8) The extent to which, the timeline by which, and how
individuals and units can be and are being deployed to peace
operations.
(9) An assessment of whether individuals and units trained
under the Global Peace Operations Initiative have been
utilized in peace operations subsequent to receiving training
under the Initiative, whether they will be deployed to
upcoming operations in Africa and elsewhere, and the extent
to which such individuals and units would be prepared to
deploy and participate in such peace operations.
(10) Recommendations as to whether participation in the
Global Peace Operations Initiative should require reciprocal
participation by countries in peace operations.

[[Page H186]]

(11) Any additional measures that could be taken to enhance
the effectiveness of the Global Peace Operations Initiative
in terms of--
(A) achieving its stated goals; and
(B) ensuring that individuals and units trained as part of
the Initiative are regularly participating in peace
operations.
(c) Form.--To the maximum extent practicable, the report
required under subsection (a) shall be submitted in
unclassified form, but may include a classified annex, if
necessary.

SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ASSISTANCE UNDER
THE AMERICAN SERVICEMEMBERS' PROTECTION ACT OF
2002.

(a) Repeal of Limitations.--Section 2007 of the American
Servicemembers' Protection Act of 2002 (22 U.S.C. 7426) is
repealed.
(b) Conforming Amendments.--Such Act is further amended--
(1) in section 2003 (22 U.S.C. 7422)--
(A) in subsection (a)--
(i) in the heading, by striking ``sections 5 and 7'' and
inserting ``section 2005''; and
(ii) by striking ``sections 2005 and 2007'' and inserting
``section 2005'';
(B) in subsection (b)--
(i) in the heading, by striking ``sections 5 and 7'' and
inserting ``section 2005''; and
(ii) by striking ``sections 2005 and 2007'' and inserting
``section 2005'';
(C) in subsection (c)(2)(A), by striking ``sections 2005
and 2007'' and inserting ``section 2005'';
(D) in subsection (d), by striking ``sections 2005 and
2007'' and inserting ``section 2005''; and
(E) in subsection (e), by striking ``2006, and 2007'' and
inserting ``and 2006''; and
(2) in section 2013 (22 U.S.C. 7432), by striking paragraph
(13).

Subtitle B--Matters Relating to Iraq and Afghanistan

SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO THE OFFICE
OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ
RECONSTRUCTION.

(a) Purposes.--Subsection (a)(1) of section 3001 of the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law
108-106; 117 Stat. 1234-1238; 5 U.S.C. App., note to section
8G of Public Law 95-452) is amended by striking ``to the Iraq
Relief and Reconstruction Fund'' and inserting ``for the
reconstruction of Iraq''.
(b) Assistant Inspectors General.--Subsection (d)(1) of
such section is amended by striking ``the Iraq Relief and
Reconstruction Fund'' and inserting ``amounts appropriated or
otherwise made available for the reconstruction of Iraq''.
(c) Supervision.--Subsection (e)(2) of such section is
amended by striking ``the Iraq Relief and Reconstruction
Fund'' and inserting ``amounts appropriated or otherwise made
available for the reconstruction of Iraq''.
(d) Duties.--Subsection (f)(1) of such section is amended
by striking ``to the Iraq Relief and Reconstruction Fund''
and inserting ``for the reconstruction of Iraq''.
(e) Personnel, Facilities, and Other Resources.--Subsection
(h) of such section is amended--
(1) in paragraph (1), by inserting after ``pay rates'' the
following: ``, and may exercise the authorities of
subsections (b) through (i) of section 3161 of title 5,
United States Code (without regard to subsection (a) of such
section)''; and
(2) in paragraph (3), by striking ``my enter'' and
inserting ``may enter''.
(f) Reports.--Subsection (i) of such section is amended by
striking ``to the Iraq Relief and Reconstruction Fund'' each
place it appears and inserting ``for the reconstruction of
Iraq''.
(g) Definitions.--Subsection (m) of such section is
amended--
(1) in the heading, by striking ``Appropriate Committees of
Congress Defined'' and inserting ``Definitions'';
(2) by striking ``In this section, the term'' and inserting
the following: ``In this section--
``(1) the term'';
(3) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(4) in paragraph (1)(B) (as redesignated by paragraph (3)
of this subsection), by striking ``and International
Relations'' and inserting ``Foreign Affairs, and Oversight
and Government Reform'';
(5) by striking the period at the end and inserting ``;
and''; and
(6) by adding at the end the following:
``(2) the term `amounts appropriated or otherwise made
available for the reconstruction of Iraq' means amounts
appropriated or otherwise made available for any fiscal
year--
``(A) to the Iraq Relief and Reconstruction Fund, the Iraq
Security Forces Fund, and the Commanders' Emergency Response
Program authorized under section 1202 of the National Defense
Authorization for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3455-3456); or
``(B) for assistance for the reconstruction of Iraq under--
``(i) the Economic Support Fund authorized under chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346 et seq.);
``(ii) the International Narcotics Control and Law
Enforcement account authorized under section 481 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291); or
``(iii) any other provision of law.''.
(h) Termination Date.--Subsection (o) of such section is
amended--
(1) in paragraph (1), to read as follows:
``(1) The Office of the Inspector General shall terminate
180 days after the date on which amounts appropriated or
otherwise made available for the reconstruction of Iraq that
are unexpended are less than $250,000,000.''; and
(2) in paragraph (2)--
(A) by striking ``funds deemed to be''; and
(B) by striking ``to the Iraq Relief and Reconstruction
Fund'' and inserting ``for the reconstruction of Iraq''.

SEC. 1222. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO IRAQ.

No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for a
purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources
of Iraq.

SEC. 1223. REPORT ON UNITED STATES POLICY AND MILITARY
OPERATIONS IN IRAQ.

(a) Report.--
(1) In general.--Subsection (c) of section 1227 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3465; 50 U.S.C. 1541 note) is
amended--
(A) in paragraph (2), by striking ``Iraq.'' and inserting
the following: ``Iraq, including--
``(A) enacting a broadly-accepted hydrocarbon law that
equitably shares revenue among all Iraqis;
``(B) adopting laws necessary for the conduct of provincial
and local elections, taking steps to implement such laws, and
setting a schedule to conduct provincial and local elections;
``(C) reforming current laws governing the de-
Baathification process in a manner that encourages national
reconciliation;
``(D) amending the Constitution of Iraq in a manner that
encourages national reconciliation;
``(E) allocating and beginning expenditure of $10 billion
in Iraqi revenues for reconstruction projects, including
delivery of essential services, and implementing such
reconstruction projects on an equitable basis; and
``(F) making significant efforts to plan and implement
disarmament, demobilization, and reintegration programs
relating to Iraqi militias.'';
(B) by striking paragraph (3) and inserting the following:
``(3) A detailed description of the Joint Campaign Plan, or
any subsequent revisions, updates, or documents that replace
or supersede the Joint Campaign Plan, including goals,
phases, or other milestones contained in the Joint Campaign
Plan. Specifically, the description shall include the
following:
``(A) An explanation of conditions required to move through
phases of the Joint Campaign Plan, in particular those
conditions that must be met in order to provide for the
transition of additional security responsibility to the Iraqi
Security Forces, and the measurements used to determine
progress.
``(B) An assessment of which conditions in the Joint
Campaign Plan have been achieved and which conditions have
not been achieved. The assessment of those conditions that
have not been achieved shall include a discussion of the
factors that have precluded progress.
``(C) A description of any companion or equivalent plan of
the Government of Iraq used to measure progress for Iraqi
Security Forces undertaking joint operations with Coalition
Forces.''; and
(C) by adding at the end the following:
``(7) An assessment of the levels of United States Armed
Forces required in Iraq for the six-month period following
the date of the report, the missions to be undertaken by the
Armed Forces in Iraq for such period, and the incremental
costs or savings of any proposed changes to such levels or
missions.
``(8) A description of the range of conditions that could
prompt changes to the levels of United States Armed Forces
required in Iraq for the six-month period following the date
of the report or the missions to be undertaken by the Armed
Forces in Iraq for such period, including the status of
planning for such changes to the levels or missions of the
Armed Forces in Iraq.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to each report required to be
submitted to Congress under section 1227(c) of the National
Defense Authorization Act for Fiscal Year 2006 on or after
the date of the enactment of this Act.
(b) Congressional Briefings Required.--Such section is
further amended by adding at the end the following:
``(d) Congressional Briefings Required.--Not later than 30
days after the submission of the first report under
subsection (c) on or after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2008, the
Secretary of Defense and the Chairman of the Joint Chiefs of
Staff shall meet with the congressional defense committees to
brief such committees on the matters described in paragraphs
(7) and (8) of subsection (c) contained in the report. Not
later than 30 days after the submission of each subsequent
report under subsection (c), appropriate senior officials of
the Department of Defense shall meet with the congressional
defense committees to brief such committees on the matters
described in paragraphs (7)

[[Page H187]]

and (8) of subsection (c) contained in the report.''.

SEC. 1224. REPORT ON A COMPREHENSIVE SET OF PERFORMANCE
INDICATORS AND MEASURES FOR PROGRESS TOWARD
MILITARY AND POLITICAL STABILITY IN IRAQ.

(a) Report.--Section 9010(c) of the Department of Defense
Appropriations Act, 2007 (division A of Public Law 109-289;
120 Stat. 1307) is amended--
(1) in paragraph (1)(B)--
(A) by striking ``and trends'' and inserting ``trends'';
and
(B) by adding at the end before the period the following:
``, and progress made in the transition of responsibility for
the security of Iraqi provinces to the Iraqi Security Forces
under the Provincial Iraqi Control (PIC) process''; and
(2) in paragraph (2)--
(A) in subparagraph (C)(i), by adding at the end before the
semicolon the following: ``, without any support from
Coalition Forces'';
(B) by redesignating subparagraphs (D) through (J) as
subparagraphs (F) through (L), respectively;
(C) by inserting after subparagraph (C) the following:
``(D) The amount and type of support provided by Coalition
Forces to the Iraqi Security Forces at each level of
operational readiness.
``(E) The number of Iraqi battalions in the Iraqi Army
currently conducting operations and the type of operations
being conducted.'';
(D) by redesignating subparagraphs (H) through (L) (as
redesignated by subparagraph (B) of this paragraph) as
subparagraphs (I) through (M), respectively;
(E) by inserting after subparagraph (G) (as redesignated by
subparagraph (B) of this paragraph) the following:
``(H) The level and effectiveness of the Iraqi Security
Forces under the Ministry of Defense in provinces where the
United States has formally transferred responsibility for the
security of the province to the Iraqi Security Forces under
the Provincial Iraqi Control (PIC) process.''; and
(F) in subparagraph (I) (as redesignated by subparagraphs
(B) and (D) of this paragraph)--
(i) in clause (iv), by striking ``and'' at the end;
(ii) in clause (v), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(vi) the level and effectiveness of the Iraqi Police and
other Ministry of Interior Forces in provinces where the
United States has formally transferred responsibility for the
security of the province to the Iraqi Security Forces under
the Provincial Iraqi Control (PIC) process.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to each report required to be
submitted to Congress under section 9010 of the Department of
Defense Appropriations Act, 2007 on or after the date of the
enactment of this Act.

SEC. 1225. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST
COALITION FORCES IN IRAQ.

(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, and every 180 days thereafter,
the Secretary of Defense, in coordination with the Director
of National Intelligence, shall submit to the congressional
defense committees a report describing and assessing in
detail--
(1) any support or direction provided to anti-coalition
forces in Iraq by the Government of Iran or its agents;
(2) the strategy and ambitions in Iraq of the Government of
Iran; and
(3) any strategy or efforts by the United States Government
to counter the activities of agents of the Government of Iran
in Iraq.
(b) Form.--Each report required under subsection (a) shall
be submitted in unclassified form, to the maximum extent
practicable, but may contain a classified annex, if
necessary.
(c) Termination.--The requirement to submit reports under
subsection (a) shall terminate on the date on which the
Secretary of Defense, in coordination with the Director of
National Intelligence, submits to the congressional defense
committees a certification in writing that the Government of
Iran has ceased to provide military support to anti-coalition
forces that conduct attacks against coalition forces in Iraq.
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize or otherwise speak to the use of the
Armed Forces against Iran.

SEC. 1226. SENSE OF CONGRESS ON THE CONSEQUENCES OF A FAILED
STATE IN IRAQ.

It is the sense of Congress that--
(1) a failed state in Iraq will have a negative impact on
the Middle East and United States interests in the region;
and
(2) the United States should pursue strategies to prevent a
failed state in Iraq or to contain the negative effects of a
failed state in Iraq.

SEC. 1227. SENSE OF CONGRESS ON FEDERALISM IN IRAQ.

It is the sense of Congress that--
(1) policies supported by the United States in the pursuit
of a political settlement in Iraq should be consistent with
the wishes of the Iraqi people and should not violate the
sovereignty of the nation of Iraq;
(2) if the Iraqi people support a political settlement in
Iraq based on the final provisions of the Constitution of
Iraq that create a federal system of government and allow for
the creation of federal regions, consistent with the wishes
of the Iraqi people and their elected leaders, the United
States should actively support such a political settlement in
Iraq;
(3) the active support referred to in paragraph (2) should
include--
(A) calling on the international community, including
countries with troops in Iraq, the permanent 5 members of the
United Nations Security Council, members of the Gulf
Cooperation Council, and Iraq's neighbors--
(i) to support an Iraqi political settlement based on
federalism;
(ii) to acknowledge the sovereignty and territorial
integrity of Iraq; and
(iii) to fulfill commitments for the urgent delivery of
significant assistance and debt relief to Iraq, especially
those made by the member states of the Gulf Cooperation
Council; and
(B) convening a conference for Iraqis to reach an agreement
on a comprehensive political settlement based on the
federalism law approved by the Iraqi Parliament on October
11, 2006;
(4) the United States should urge the Government of Iraq to
quickly agree upon and implement a law providing for the
equitable distribution of oil revenues, which is a critical
component of a comprehensive political settlement in Iraq,
including a potential settlement based upon federalism;
(5) the steps described in paragraphs (2), (3), and (4)
could lead to an Iraq that is stable, not a haven for
terrorists, and not a threat to its neighbors;
(6) in pursuit of a political settlement in Iraq, whether
based on federalism or not, the United States should call on
Iraq's neighbors to pledge not to militarily intervene in or
destabilize Iraq; and
(7) nothing in this Act should be construed in any way to
infringe on the sovereign rights of the nation of Iraq or to
imply that the United States wishes to impose a political
settlement in Iraq based on federalism if such a political
settlement is contrary to the wishes of the Iraqi people.

SEC. 1228. TRACKING AND MONITORING OF DEFENSE ARTICLES
PROVIDED TO THE GOVERNMENT OF IRAQ AND OTHER
INDIVIDUALS AND GROUPS IN IRAQ.

(a) Export and Transfer Control Policy.--The President
shall implement a policy to control the export and transfer
of defense articles into Iraq, including implementation of
the registration and monitoring system under subsection (c).
(b) Requirement to Implement Control System.--No defense
articles may be provided to the Government of Iraq or any
other group, organization, citizen, or resident of Iraq until
the President certifies to the specified congressional
committees that a registration and monitoring system meeting
the requirements set forth in subsection (c) has been
established.
(c) Registration and Monitoring System.--The registration
and monitoring system required under this subsection shall
include--
(1) the registration of the serial numbers of all small
arms to be provided to the Government of Iraq or to other
groups, organizations, citizens, or residents of Iraq;
(2) a program of end-use monitoring of all lethal defense
articles provided to such entities or individuals; and
(3) a detailed record of the origin, shipping, and
distribution of all defense articles transferred under the
Iraq Security Forces Fund or any other security assistance
program to such entities or individuals.
(d) Review; Exemption.--
(1) Review.--The President shall periodically review the
items subject to the registration and monitoring requirements
under subsection (c) to determine what items, if any, should
no longer be subject to such registration and monitoring
requirements. The President shall transmit to the specified
congressional committees the results of each review conducted
under this paragraph.
(2) Exemption.--The President may exempt an item from the
registration and monitoring requirements under subsection (c)
beginning on the date that is 30 days after the date on which
the President provides notice of the proposed exemption to
the specified congressional committees in accordance with the
procedures applicable to reprogramming notifications under
section 634A(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1(a)). Such notice shall describe any controls to
be imposed on such item under any other provision of law.
(e) Definitions.--In this section:
(1) Defense article.--The term ``defense article'' has the
meaning given the term in section 644(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(d)).
(2) Small arms.--The term ``small arms'' means--
(A) handguns;
(B) shoulder-fired weapons;
(C) light automatic weapons up to and including .50 caliber
machine guns;
(D) recoilless rifles up to and including 106mm;
(E) mortars up to and including 81mm;
(F) rocket launchers, man-portable;
(G) grenade launchers, rifle and shoulder fired; and
(H) individually-operated weapons which are portable or can
be fired without special mounts or firing devices and which
have potential use in civil disturbances and are vulnerable
to theft.
(3) Specified congressional committees.--The term
``specified congressional committees'' means--

[[Page H188]]

(A) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect 180 days after the date of the
enactment of this Act.
(2) Exception.--The President may delay the effective date
of this section by an additional period of up to 90 days if
the President certifies in writing to the specified
congressional committees for such additional period that it
is in the vital interest of the United States to do so and
includes in the certification a description of such vital
interest.

SEC. 1229. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN
RECONSTRUCTION.

(a) Purposes.--The purposes of this section are as follows:
(1) To provide for the independent and objective conduct
and supervision of audits and investigations relating to the
programs and operations funded with amounts appropriated or
otherwise made available for the reconstruction of
Afghanistan.
(2) To provide for the independent and objective leadership
and coordination of, and recommendations on, policies
designed to--
(A) promote economy efficiency, and effectiveness in the
administration of the programs and operations described in
paragraph (1); and
(B) prevent and detect waste, fraud, and abuse in such
programs and operations.
(3) To provide for an independent and objective means of
keeping the Secretary of State and the Secretary of Defense
fully and currently informed about problems and deficiencies
relating to the administration of such programs and
operations and the necessity for and progress on corrective
action.
(b) Office of Inspector General.--There is hereby
established the Office of the Special Inspector General for
Afghanistan Reconstruction to carry out the purposes of
subsection (a).
(c) Appointment of Inspector General; Removal.--
(1) Appointment.--The head of the Office of the Special
Inspector General for Afghanistan Reconstruction is the
Special Inspector General for Afghanistan Reconstruction (in
this section referred to as the ``Inspector General''), who
shall be appointed by the President. The President may
appoint the Special Inspector General for Iraq Reconstruction
to serve as the Special Inspector General for Afghanistan
Reconstruction, in which case the Special Inspector General
for Iraq Reconstruction shall have all of the duties,
responsibilities, and authorities set forth under this
section with respect to such appointed position for the
purpose of carrying out this section.
(2) Qualifications.--The appointment of the Inspector
General shall be made solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations.
(3) Deadline for appointment.--The appointment of an
individual as Inspector General shall be made not later than
30 days after the date of the enactment of this Act.
(4) Compensation.--The annual rate of basic pay of the
Inspector General shall be the annual rate of basic pay
provided for positions at level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(5) Prohibition on political activities.--For purposes of
section 7324 of title 5, United States Code, the Inspector
General shall not be considered an employee who determines
policies to be pursued by the United States in the nationwide
administration of Federal law.
(6) Removal.--The Inspector General shall be removable from
office in accordance with the provisions of section 3(b) of
the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Assistant Inspectors General.--The Inspector General
shall, in accordance with applicable laws and regulations
governing the civil service--
(1) appoint an Assistant Inspector General for Auditing who
shall have the responsibility for supervising the performance
of auditing activities relating to programs and operations
supported by amounts appropriated or otherwise made available
for the reconstruction of Afghanistan; and
(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and operations.
(e) Supervision.--
(1) In general.--Except as provided in paragraph (2), the
Inspector General shall report directly to, and be under the
general supervision of, the Secretary of State and the
Secretary of Defense.
(2) Independence to conduct investigations and audits.--No
officer of the Department of Defense, the Department of
State, or the United States Agency for International
Development shall prevent or prohibit the Inspector General
from initiating, carrying out, or completing any audit or
investigation related to amounts appropriated or otherwise
made available for the reconstruction of Afghanistan or from
issuing any subpoena during the course of any such audit or
investigation.
(f) Duties.--
(1) Oversight of afghanistan reconstruction.--It shall be
the duty of the Inspector General to conduct, supervise, and
coordinate audits and investigations of the treatment,
handling, and expenditure of amounts appropriated or
otherwise made available for the reconstruction of
Afghanistan, and of the programs, operations, and contracts
carried out utilizing such funds, including--
(A) the oversight and accounting of the obligation and
expenditure of such funds;
(B) the monitoring and review of reconstruction activities
funded by such funds;
(C) the monitoring and review of contracts funded by such
funds;
(D) the monitoring and review of the transfer of such funds
and associated information between and among departments,
agencies, and entities of the United States and private and
nongovernmental entities;
(E) the maintenance of records on the use of such funds to
facilitate future audits and investigations of the use of
such fund;
(F) the monitoring and review of the effectiveness of
United States coordination with the Government of Afghanistan
and other donor countries in the implementation of the
Afghanistan Compact and the Afghanistan National Development
Strategy; and
(G) the investigation of overpayments such as duplicate
payments or duplicate billing and any potential unethical or
illegal actions of Federal employees, contractors, or
affiliated entities and the referral of such reports, as
necessary, to the Department of Justice to ensure further
investigations, prosecutions, recovery of further funds, or
other remedies.
(2) Other duties related to oversight.--The Inspector
General shall establish, maintain, and oversee such systems,
procedures, and controls as the Inspector General considers
appropriate to discharge the duties under paragraph (1).
(3) Duties and responsibilities under inspector general act
of 1978.--In addition to the duties specified in paragraphs
(1) and (2), the Inspector General shall also have the duties
and responsibilities of inspectors general under the
Inspector General Act of 1978.
(4) Coordination of efforts.--In carrying out the duties,
responsibilities, and authorities of the Inspector General
under this section, the Inspector General shall coordinate
with, and receive the cooperation of each of the following:
(A) The Inspector General of the Department of Defense.
(B) The Inspector General of the Department of State.
(C) The Inspector General of the United States Agency for
International Development.
(g) Powers and Authorities.--
(1) Authorities under inspector general act of 1978.--In
carrying out the duties specified in subsection (f), the
Inspector General shall have the authorities provided in
section 6 of the Inspector General Act of 1978, including the
authorities under subsection (e) of such section.
(2) Audit standards.--The Inspector General shall carry out
the duties specified in subsection (f)(1) in accordance with
section 4(b)(1) of the Inspector General Act of 1978.
(h) Personnel, Facilities, and Other Resources.--
(1) Personnel.--The Inspector General may select, appoint,
and employ such officers and employees as may be necessary
for carrying out the duties of the Inspector General, subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates.
(2) Employment of experts and consultants.--The Inspector
General may obtain services as authorized by section 3109 of
title 5, United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of such title.
(3) Contracting authority.--To the extent and in such
amounts as may be provided in advance by appropriations Acts,
the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other
services with public agencies and with private persons, and
make such payments as may be necessary to carry out the
duties of the Inspector General.
(4) Resources.--The Secretary of State or the Secretary of
Defense, as appropriate, shall provide the Inspector General
with appropriate and adequate office space at appropriate
locations of the Department of State or the Department of
Defense, as the case may be, in Afghanistan, together with
such equipment, office supplies, and communications
facilities and services as may be necessary for the operation
of such offices, and shall provide necessary maintenance
services for such offices and the equipment and facilities
located therein.
(5) Assistance from federal agencies.--
(A) In general.--Upon request of the Inspector General for
information or assistance from any department, agency, or
other entity of the Federal Government, the head of such
entity shall, insofar as is practicable and not in
contravention of any existing law, furnish such information
or assistance to the Inspector General, or an authorized
designee.
(B) Reporting of refused assistance.--Whenever information
or assistance requested by the Inspector General is, in the
judgment of the Inspector General, unreasonably refused or
not provided, the Inspector General shall report the
circumstances to the Secretary of State or the Secretary of

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Defense, as appropriate, and to the appropriate congressional
committees without delay.
(6) Use of personnel, facilities, and other resources of
the office of the special inspector general for iraq
reconstruction.--Upon the request of the Inspector General,
the Special Inspector General for Iraq Reconstruction--
(A) may detail, on a reimbursable basis, any of the
personnel of the Office of the Special Inspector General for
Iraq Reconstruction to the Office of the Inspector General
for Afghanistan Reconstruction for the purpose of carrying
out this section; and
(B) may provide, on a reimbursable basis, any of the
facilities or other resources of the Office of the Special
Inspector General for Iraq Reconstruction to the Office of
the Inspector General for Afghanistan Reconstruction for the
purpose of carrying out this section.
(i) Reports.--
(1) Quarterly reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Inspector General shall
submit to the appropriate congressional committees a report
summarizing, for the period of that quarter and, to the
extent possible, the period from the end of such quarter to
the time of the submission of the report, the activities
during such period of the Inspector General and the
activities under programs and operations funded with amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan. Each report shall include, for
the period covered by such report, a detailed statement of
all obligations, expenditures, and revenues associated with
reconstruction and rehabilitation activities in Afghanistan,
including the following:
(A) Obligations and expenditures of appropriated funds.
(B) A project-by-project and program-by-program accounting
of the costs incurred to date for the reconstruction of
Afghanistan, together with the estimate of the Department of
Defense, the Department of State, and the United States
Agency for International Development, as applicable, of the
costs to complete each project and each program.
(C) Revenues attributable to or consisting of funds
provided by foreign nations or international organizations to
programs and projects funded by any department or agency of
the United States Government, and any obligations or
expenditures of such revenues.
(D) Revenues attributable to or consisting of foreign
assets seized or frozen that contribute to programs and
projects funded by any department or agency of the United
States Government, and any obligations or expenditures of
such revenues.
(E) Operating expenses of agencies or entities receiving
amounts appropriated or otherwise made available for the
reconstruction of Afghanistan.
(F) In the case of any contract, grant, agreement, or other
funding mechanism described in paragraph (2)--
(i) the amount of the contract, grant, agreement, or other
funding mechanism;
(ii) a brief discussion of the scope of the contract,
grant, agreement, or other funding mechanism;
(iii) a discussion of how the department or agency of the
United States Government involved in the contract, grant,
agreement, or other funding mechanism identified, and
solicited offers from, potential individuals or entities to
perform the contract, grant, agreement, or other funding
mechanism, together with a list of the potential individuals
or entities that were issued solicitations for the offers;
and
(iv) the justification and approval documents on which was
based the determination to use procedures other than
procedures that provide for full and open competition.
(2) Covered contracts, grants, agreements, and funding
mechanisms.--A contract, grant, agreement, or other funding
mechanism described in this paragraph is any major contract,
grant, agreement, or other funding mechanism that is entered
into by any department or agency of the United States
Government that involves the use of amounts appropriated or
otherwise made available for the reconstruction of
Afghanistan with any public or private sector entity for any
of the following purposes:
(A) To build or rebuild physical infrastructure of
Afghanistan.
(B) To establish or reestablish a political or societal
institution of Afghanistan.
(C) To provide products or services to the people of
Afghanistan.
(3) Public availability.--The Inspector General shall
publish on a publically-available Internet website each
report under paragraph (1) of this subsection in English and
other languages that the Inspector General determines are
widely used and understood in Afghanistan.
(4) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a
classified annex if the Inspector General considers it
necessary.
(5) Rule of construction.--Nothing in this subsection shall
be construed to authorize the public disclosure of
information that is--
(A) specifically prohibited from disclosure by any other
provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national defense
or national security or in the conduct of foreign affairs; or
(C) a part of an ongoing criminal investigation.
(j) Report Coordination.--
(1) Submission to secretaries of state and defense.--The
Inspector General shall also submit each report required
under subsection (i) to the Secretary of State and the
Secretary of Defense.
(2) Submission to congress.--Not later than 30 days after
receipt of a report under paragraph (1), the Secretary of
State or the Secretary of Defense may submit to the
appropriate congressional committees any comments on the
matters covered by the report as the Secretary of State or
the Secretary of Defense, as the case may be, considers
appropriate. Any comments on the matters covered by the
report shall be submitted in unclassified form, but may
include a classified annex if the Secretary of State or the
Secretary of Defense, as the case may be, considers it
necessary.
(k) Transparency.--
(1) Report.--Not later than 60 days after submission to the
appropriate congressional committees of a report under
subsection (i), the Secretary of State and the Secretary of
Defense shall jointly make copies of the report available to
the public upon request, and at a reasonable cost.
(2) Comments on matters covered by report.--Not later than
60 days after submission to the appropriate congressional
committees under subsection (j)(2) of comments on a report
under subsection (i), the Secretary of State and the
Secretary of Defense shall jointly make copies of the
comments available to the public upon request, and at a
reasonable cost.
(l) Waiver.--
(1) Authority.--The President may waive the requirement
under paragraph (1) or (2) of subsection (k) with respect to
availability to the public of any element in a report under
subsection (i), or any comment under subsection (j)(2), if
the President determines that the waiver is justified for
national security reasons.
(2) Notice of waiver.--The President shall publish a notice
of each waiver made under this subsection in the Federal
Register no later than the date on which a report required
under subsection (i), or any comment under subsection (j)(2),
is submitted to the appropriate congressional committees. The
report and comments shall specify whether waivers under this
subsection were made and with respect to which elements in
the report or which comments, as appropriate.
(m) Definitions.--In this section:
(1) Amounts appropriated or otherwise made available for
the reconstruction of afghanistan.--The term ``amounts
appropriated or otherwise made available for the
reconstruction of Afghanistan'' means--
(A) amounts appropriated or otherwise made available for
any fiscal year--
(i) to the Afghanistan Security Forces Fund; or
(ii) to the program to assist the people of Afghanistan
established under subsection (a)(2) of section 1202 of the
National Defense Authorization for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3455-3456); and
(B) amounts appropriated or otherwise made available for
any fiscal year for the reconstruction of Afghanistan under--
(i) the Economic Support Fund;
(ii) the International Narcotics Control and Law
Enforcement account; or
(iii) any other provision of law.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(B) the Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives.
(n) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for fiscal year 2008 to carry out this section.
(2) Offset.--The amount authorized to be appropriated by
section 1513 for the Afghanistan Security Forces Fund is
hereby reduced by $20,000,000.
(o) Termination.--
(1) In general.--The Office of the Special Inspector
General for Afghanistan Reconstruction shall terminate 180
days after the date on which amounts appropriated or
otherwise made available for the reconstruction of
Afghanistan that are unexpended are less than $250,000,000.
(2) Final report.--The Inspector General shall, prior to
the termination of the Office of the Special Inspector
General for Afghanistan Reconstruction under paragraph (1),
prepare and submit to the appropriate congressional
committees a final forensic audit report on programs and
operations funded with amounts appropriated or otherwise made
available for the reconstruction of Afghanistan.

SEC. 1230. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY
IN AFGHANISTAN.

(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, and every 180 days thereafter
through the end of fiscal year 2010, the President, acting
through the Secretary of Defense, shall submit to the
appropriate congressional committees a report on progress
toward security and stability in Afghanistan.
(b) Coordination.--The report required under subsection (a)
shall be prepared in coordination with the Secretary of
State, the Director of National Intelligence, the Attorney
General, the Administrator of the Drug

[[Page H190]]

Enforcement Administration, the Administrator of the United
States Agency for International Development, the Secretary of
Agriculture, and the head of any other department or agency
of the Government of the United States involved with
activities relating to security and stability in Afghanistan.
(c) Matters to Be Included: Strategic Direction of United
States Activities Relating to Security and Stability in
Afghanistan.--The report required under subsection (a) shall
include a description of a comprehensive strategy of the
United States for security and stability in Afghanistan. The
description of such strategy shall consist of a general
overview and a separate detailed section for each of the
following:
(1) North atlantic treaty organization international
security assistance force.--A description of the following:
(A) Efforts of the United States to work with countries
participating in the North Atlantic Treaty Organization
(NATO) International Security Assistance Force (ISAF) in
Afghanistan (hereafter in this section referred to as ``NATO
ISAF countries'').
(B) Any actions by the United States to achieve the
following goals relating to strengthening the NATO ISAF, and
the results of such actions:
(i) Encourage NATO ISAF countries to fulfill commitments to
the NATO ISAF mission in Afghanistan, and ensure adequate
contributions to efforts to build the capacity of the
Afghanistan National Security Forces (ANSF), counter-
narcotics efforts, and reconstruction and development
activities in Afghanistan.
(ii) Remove national caveats on the use of forces deployed
as part of the NATO ISAF.
(iii) Reduce the number of civilian casualties resulting
from military operations of NATO ISAF countries and mitigate
the impact of such casualties on the Afghan people.
(2) Afghanistan national security forces.--A description of
the following:
(A) A comprehensive and effective long-term strategy and
budget, with defined objectives, for activities relating to
strengthening the resources, capabilities, and effectiveness
of the Afghanistan National Army (ANA) and the Afghanistan
National Police (ANP) of the ANSF, with the goal of ensuring
that a strong and fully-capable ANSF is able to independently
and effectively conduct operations and maintain security and
stability in Afghanistan.
(B) Any actions by the United States to achieve the
following goals relating to building the capacity of the
ANSF, and the results of such actions:
(i) Improve coordination with all relevant departments and
agencies of the Government of the United States, as well as
NATO ISAF countries and other international partners.
(ii) Improve ANSF recruitment and retention, including
through improved vetting and salaries for the ANSF.
(iii) Increase and improve ANSF training and mentoring.
(iv) Strengthen the partnership between the Government of
the United States and the Government of Afghanistan.
(3) Provincial reconstruction teams and other
reconstruction and development activities.--A description of
the following:
(A) A comprehensive and effective long-term strategy and
budget, with defined objectives, for reconstruction and
development in Afghanistan, including a long-term strategy
with a mission and objectives for each United States-led
Provincial Reconstruction Team (PRT) in Afghanistan.
(B) Any actions by the United States to achieve the
following goals with respect to reconstruction and
development in Afghanistan, and the results of such actions:
(i) Improve coordination with all relevant departments and
agencies of the Government of the United States, as well as
NATO ISAF countries and other international partners.
(ii) Clarify the chain of command, and operations plans for
United States-led PRTs that are appropriate to meet the needs
of the relevant local communities.
(iii) Promote coordination among PRTs.
(iv) Ensure that each PRT is adequately staffed,
particularly with civilian specialists, and that such staff
receive appropriate training.
(v) Expand the ability of the Afghan people to assume
greater responsibility for their own reconstruction and
development projects.
(vi) Strengthen the partnership between the Government of
the United States and the Government of Afghanistan.
(vii) Ensure proper reconstruction and development
oversight activities, including implementation, where
appropriate, of recommendations of any United States
inspectors general, including the Special Inspector General
for Afghanistan Reconstruction appointed pursuant to section
1229.
(4) Counter-narcotics activities.--A description of the
following:
(A) A comprehensive and effective long-term strategy and
budget, with defined objectives, for the activities of the
Department of Defense relating to counter-narcotics efforts
in Afghanistan, including--
(i) roles and missions of the Department of Defense within
the overall counter-narcotics strategy for Afghanistan of the
Government of the United States, including a statement of
priorities;
(ii) a detailed, comprehensive, and effective strategy with
defined one-year, three-year, and five-year objectives and a
description of the accompanying allocation of resources of
the Department of Defense to accomplish such objectives;
(iii) in furtherance of the strategy described in clause
(i), actions that the Department of Defense is taking and has
planned to take to--

(I) improve coordination within the Department of Defense
and with all relevant departments and agencies of the
Government of the United States;
(II) strengthen significantly the Afghanistan National
Counter-narcotics Police;
(III) build the capacity of local and provincial
governments of Afghanistan and the national Government of
Afghanistan to assume greater responsibility for counter-
narcotics-related activities, including interdiction; and
(IV) improve counter-narcotics-related intelligence
capabilities and tactical use of such capabilities by the
Department of Defense and other appropriate departments and
agencies of the Government of the United States; and

(iv) the impact, if any, including the disadvantages and
advantages, if any, on the primary counter-terrorism mission
of the United States military of providing enhanced
logistical support to departments and agencies of the
Government of the United States and counter-narcotics
partners of the United States in their interdiction efforts,
including apprehending or eliminating major drug traffickers
in Afghanistan.
(B) The counter-narcotics roles and missions assumed by the
local and provincial governments of Afghanistan and the
national Government of Afghanistan, appropriate departments
and agencies of the Government of the United States (other
than the Department of Defense), the NATO ISAF, and the
governments of other countries.
(C) The plan and efforts to coordinate the counter-
narcotics strategy and activities of the Department of
Defense with the counter-narcotics strategy and activities of
the Government of Afghanistan, the NATO-led interdiction and
security forces, other appropriate countries, and other
counter-narcotics partners of the United States, and the
results of such efforts.
(D) The progress made by the governments, organizations,
and entities specified in subparagraph (B) in executing
designated roles and missions, and in coordinating and
implementing counternarcotics plans and activities, and based
on the results of this progress whether, and to what extent,
roles and missions for the Department of Defense should be
altered in the future, or should remain unaltered.
(5) Public corruption and rule of law.--A description of
any actions, and the results of such actions, to help the
Government of Afghanistan fight public corruption and
strengthen governance and the rule of law at the local,
provincial, and national levels.
(6) Regional considerations.--A description of any actions
and the results of such actions to increase cooperation with
countries geographically located around Afghanistan's border,
with a particular focus on improving security and stability
in the Afghanistan-Pakistan border areas.
(d) Matters to Be Included: Performance Indicators and
Measures of Progress Toward Sustainable Long-Term Security
and Stability in Afghanistan.--
(1) In general.--The report required under subsection (a)
shall set forth a comprehensive set of performance indicators
and measures of progress toward sustainable long-term
security and stability in Afghanistan, as specified in
paragraph (2), and shall include performance standards and
progress goals, together with a notional timetable for
achieving such goals.
(2) Performance indicators and measures of progress
specified.--The performance indicators and measures of
progress specified in this paragraph shall include, at a
minimum, the following:
(A) With respect to the NATO ISAF, an assessment of
unfulfilled NATO ISAF mission requirements and contributions
from individual NATO ISAF countries, including levels of
troops and equipment, the effect of contributions on
operations, and unfulfilled commitments.
(B) An assessment of military operations of the NATO ISAF,
including of NATO ISAF countries, and an assessment of
separate military operations by United States forces. Such
assessments shall include--
(i) indicators of a stable security environment in
Afghanistan, such as number of engagements per day, and
trends relating to the numbers and types of hostile
encounters; and
(ii) the effects of national caveats that limit operations,
geographic location of operations, and estimated number of
civilian casualties.
(C) For the Afghanistan National Army (ANA), and separately
for the Afghanistan National Police (ANP), of the Afghanistan
National Security Forces (ANSF) an assessment of the
following:
(i) Recruitment and retention numbers, rates of
absenteeism, vetting procedures, and salary scale.
(ii) Numbers trained, numbers receiving mentoring, the type
of training and mentoring, and number of trainers, mentors,
and advisers needed to support the ANA and ANP and associated
ministries.
(iii) Type of equipment used.
(iv) Operational readiness status of ANSF units, including
the type, number, size, and organizational structure of ANA
and ANP units that are--

(I) capable of conducting operations independently;

[[Page H191]]

(II) capable of conducting operations with the support of
the United States, NATO ISAF forces, or other coalition
forces; or
(III) not ready to conduct operations.

(v) Effectiveness of ANA and ANP officers and the ANA and
ANP chain of command.
(vi) Extent to which insurgents have infiltrated the ANA
and ANP.
(vii) Estimated number and capability level of the ANA and
ANP needed to perform duties now undertaken by NATO ISAF
countries, separate United States forces and other coalition
forces, including defending the borders of Afghanistan and
providing adequate levels of law and order throughout
Afghanistan.
(D) An assessment of the estimated strength of the
insurgency in Afghanistan and the extent to which it is
composed of non-Afghan fighters and utilizing weapons or
weapons-related materials from countries other than
Afghanistan.
(E) A description of all terrorist and insurgent groups
operating in Afghanistan, including the number, size,
equipment strength, military effectiveness, sources of
support, legal status, and any efforts to disarm or
reintegrate each such group.
(F) An assessment of security and stability, including
terrorist and insurgent activity, in Afghanistan-Pakistan
border areas and in Pakistan's Federally Administered Tribal
Areas.
(G) An assessment of United States military requirements,
including planned force rotations, for the twelve-month
period following the date of the report required under
subsection (a).
(H) For reconstruction and development, an assessment of
the following:
(i) The location, funding (including the sources of
funding), staffing requirements, current staffing levels, and
activities of each United States-led Provincial
Reconstruction Team.
(ii) Key indicators of economic activity that should be
considered the most important for determining the prospects
of stability in Afghanistan, including--

(I) the indicators set forth in the Afghanistan Compact,
which consist of roads, education, health, agriculture, and
electricity; and
(II) unemployment and poverty levels.

(I) For counter-narcotics efforts, an assessment of the
activities of the Department of Defense in Afghanistan, as
described in subsection (c)(4), and the effectiveness of such
activities.
(J) Key measures of political stability relating to both
central and local Afghan governance.
(K) For public corruption and rule of law, an assessment of
anti-corruption and law enforcement activities at the local,
provincial, and national levels and the effectiveness of such
activities.
(e) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex, if necessary.
(f) Congressional Briefings.--The Secretary of Defense
shall supplement the report required under subsection (a)
with regular briefings to the appropriate congressional
committees on the subject matter of the report.
(g) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.

SEC. 1231. UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN
NATIONAL SECURITY FORCES.

(a) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter through
the end of fiscal year 2010, the Secretary of Defense shall
submit to the appropriate congressional committees a report
on a long-term detailed plan for sustaining the Afghanistan
National Army (ANA) and the Afghanistan National Police (ANP)
of the Afghanistan National Security Forces (ANSF), with the
objective of ensuring that a strong and fully-capable ANSF
will be able to independently and effectively conduct
operations and maintain long-term security and stability in
Afghanistan.
(b) Coordination.--The report required under subsection (a)
shall be prepared in coordination with the Secretary of
State.
(c) Matters to Be Included.--The report required under
subsection (a) shall include a description of the following
matters relating to the plan for sustaining the ANSF:
(1) A comprehensive and effective long-term strategy and
budget, with defined objectives.
(2) A mechanism for tracking funding, equipment, training,
and services provided for the ANSF by the United States,
countries participating in the North Atlantic Treaty
Organization (NATO) International Security Assistance Force
(ISAF) in Afghanistan (hereafter in this section referred to
as ``NATO ISAF countries''), and other coalition forces that
are not part of the NATO ISAF.
(3) Any actions to assist the Government of Afghanistan
achieve the following goals, and the results of such actions:
(A) Build and sustain effective Afghan security
institutions with fully-capable leadership and staff,
including a reformed Ministry of Interior, a fully-
established Ministry of Defense, and logistics, intelligence,
medical, and recruiting units (hereafter in this section
referred to as ``ANSF-sustaining institutions'').
(B) Train and equip fully-capable ANSF that are capable of
conducting operations independently and in sufficient
numbers.
(C) Establish strong ANSF-readiness assessment tools and
metrics.
(D) Build and sustain strong, professional ANSF officers at
the junior-, mid-, and senior-levels.
(E) Develop strong ANSF communication and control between
central command and regions, provinces, and districts.
(F) Establish a robust mentoring and advising program, and
a strong professional military training and education
program, for all ANSF officials.
(G) Establish effective merit-based salary, rank,
promotion, and incentive structures for the ANSF.
(H) Develop mechanisms for incorporating lessons learned
and best practices into ANSF operations.
(I) Establish an ANSF personnel accountability system with
effective internal discipline procedures and mechanisms, and
a system for addressing ANSF personnel complaints.
(J) Ensure effective ANSF oversight mechanisms, including a
strong record-keeping system to track ANSF equipment and
personnel.
(4) Coordination with all relevant departments and agencies
of the Government of the United States, as well as NATO ISAF
countries and other international partners, including on--
(A) funding;
(B) reform and establishment of ANSF-sustaining
institutions; and
(C) efforts to ensure that progress on sustaining the ANSF
is reinforced with progress in other pillars of the Afghan
security sector, particularly progress on building an
effective judiciary, curbing production and trafficking of
illicit narcotics, and demobilizing, disarming, and
reintegrating militia fighters.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.

SEC. 1232. REPORT ON ENHANCING SECURITY AND STABILITY IN THE
REGION ALONG THE BORDER OF AFGHANISTAN AND
PAKISTAN.

(a) Report Required.--
(1) In general.--Not later than March 31, 2008, the
Secretary of Defense, in consultation with the Secretary of
State, shall submit to the appropriate congressional
committees a report on enhancing security and stability in
the region along the border of Afghanistan and Pakistan.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) A detailed description of the efforts by the Government
of Pakistan to achieve the following objectives:
(i) Eliminate safe havens for Taliban, Al Qaeda, and other
violent extremist forces on the national territory of
Pakistan.
(ii) Prevent the movement of such forces across the border
of Pakistan into Afghanistan to engage in insurgent or
terrorist activities.
(B) An assessment of the Secretary of Defense as to whether
Pakistan is making substantial and sustained efforts to
achieve the objectives specified in subparagraph (A).
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Limitation.--
(A) In general.--If the Secretary of Defense does not
submit the report required under paragraph (1) by March 31,
2008, then after such date the Government of Pakistan may not
be reimbursed under the authority of any provision of law
described in subparagraph (B) for logistical, military, or
other support provided by Pakistan to the United States until
the Secretary submits to the appropriate congressional
committees the report required by such paragraph.
(B) Provisions of law.--The provisions of law referred to
in subparagraph (A) are the following:
(i) Section 1233.
(ii) Any other provision of law under which payments are
authorized to reimburse key cooperating nations for
logistical, military, or other support provided by that
nation to or in connection with United States military
operations.
(5) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
(b) Notification Relating to Department of Defense
Coalition Support Funds for Pakistan.--
(1) Notification.--

[[Page H192]]

(A) In general.--Not less than 15 days before making any
reimbursement to the Government of Pakistan under the
authority of any provision of law described in subparagraph
(B) for logistical, military, or other support provided by
Pakistan to the United States, the Secretary of Defense shall
submit to the congressional defense committees a written
notification that contains a detailed description of such
logistical, military, or other support.
(B) Provisions of law.--The provisions of law referred to
in subparagraph (A) are the following:
(i) Section 1233.
(ii) Any other provision of law under which payments are
authorized to reimburse key cooperating nations for
logistical, military, or other support provided by that
nation to or in connection with United States military
operations.
(2) Matters to be included.--Each notification required
under paragraph (1) shall include an itemized description of
the following support provided by Pakistan to the United
States for which the United States will provide
reimbursement:
(A) Logistic support, supplies, and services, as such term
is defined in section 2350(1) of title 10, United States
Code.
(B) Military support.
(C) Any other support or services.
(3) Form.--Each notification required under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(4) Relationship to other notification requirements.--Each
notification required under paragraph (1) shall be in
addition to any notification requirements under any provision
of law described in subparagraph (B) of such paragraph.
(5) Effective date.--The requirement to submit
notifications under paragraph (1) shall apply with respect to
reimbursements to the Government of Pakistan for logistical,
military, or other support provided by Pakistan to the United
States during the period beginning on February 1, 2008, and
ending on September 30, 2009.

SEC. 1233. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.

(a) Authority.--From funds made available for the
Department of Defense by section 1508 for operation and
maintenance, Defense-wide activities, the Secretary of
Defense may reimburse any key cooperating nation for
logistical and military support provided by that nation to or
in connection with United States military operations in
Operation Iraqi Freedom or Operation Enduring Freedom.
(b) Amounts of Reimbursement.--
(1) In general.--Reimbursement authorized by subsection (a)
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State and in consultation
with the Director of the Office of Management and Budget, may
determine, based on documentation determined by the Secretary
of Defense to adequately account for the support provided.
(2) Standards.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe standards for determining the kinds of logistical
and military support to the United States that shall be
considered reimbursable under the authority in subsection
(a). Such standards may not take effect until 15 days after
the date on which the Secretary submits to the congressional
defense committees a report setting forth such standards.
(c) Limitations.--
(1) Limitation on amount.--The total amount of
reimbursements made under the authority in subsection (a)
during fiscal year 2008 may not exceed $1,200,000,000.
(2) Prohibition on contractual obligations to make
payments.--The Secretary of Defense may not enter into any
contractual obligation to make a reimbursement under the
authority in subsection (a).
(d) Notice to Congress.--The Secretary of Defense shall--
(1) notify the congressional defense committees not less
than 15 days before making any reimbursement under the
authority in subsection (a); and
(2) submit to the congressional defense committees on a
quarterly basis a report on any reimbursements made under the
authority in subsection (a) during such quarter.

SEC. 1234. LOGISTICAL SUPPORT FOR COALITION FORCES SUPPORTING
OPERATIONS IN IRAQ AND AFGHANISTAN.

(a) Availability of Funds for Logistical Support.--Subject
to the provisions of this section, amounts available to the
Department of Defense for fiscal year 2008 for operation and
maintenance may be used to provide supplies, services,
transportation (including airlift and sealift), and other
logistical support to coalition forces supporting United
States military and stabilization operations in Iraq and
Afghanistan.
(b) Required Determination.--The Secretary may provide
logistical support under the authority in subsection (a) only
if the Secretary determines that the coalition forces to be
provided the logistical support--
(1) are essential to the success of a United States
military or stabilization operation; and
(2) would not be able to participate in such operation
without the provision of the logistical support.
(c) Coordination With Export Control Laws.--Logistical
support may be provided under the authority in subsection (a)
only in accordance with applicable provisions of the Arms
Export Control Act and other export control laws of the
United States.
(d) Limitation on Value.--The total amount of logistical
support provided under the authority in subsection (a) in
fiscal year 2008 may not exceed $400,000,000.
(e) Quarterly Reports.--
(1) Reports required.--Not later than 15 days after the end
of each fiscal-year quarter of fiscal year 2008, the
Secretary shall submit to the congressional defense
committees a report on the provision of logistical support
under the authority in subsection (a) during such fiscal-year
quarter.
(2) Elements.--Each report under paragraph (1) shall
include, for the fiscal-year quarter covered by such report,
the following:
(A) Each nation provided logistical support under the
authority in subsection (a).
(B) For each such nation, a description of the type and
value of logistical support so provided.

Subtitle C--Iraq Refugee Crisis

SEC. 1241. SHORT TITLE.

This subtitle may be cited as the ``Refugee Crisis in Iraq
Act of 2007''.

SEC. 1242. PROCESSING MECHANISMS.

(a) In General.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall establish or
use existing refugee processing mechanisms in Iraq and in
countries, where appropriate, in the region in which--
(1) aliens described in section 1243 may apply and
interview for admission to the United States as refugees; and
(2) aliens described in section 1244(b) may apply and
interview for admission to United States as special
immigrants.
(b) Suspension.--If such is determined necessary, the
Secretary of State, in consultation with the Secretary of
Homeland Security, may suspend in-country processing under
subsection (a) for a period not to exceed 90 days. Such
suspension may be extended by the Secretary of State upon
notification to the Committee on the Judiciary of the House
of Representatives, the Committee on Foreign Affairs of the
House of Representatives, the Committee on the Judiciary of
the Senate, and the Committee on Foreign Relations of the
Senate. The Secretary of State shall submit to such
committees a report outlining the basis of any such
suspension and any extensions thereof.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
submit to the committees specified in subsection (b) a report
that--
(1) describes the Secretary of State's plans to establish
the processing mechanisms required under subsection (a);
(2) contains an assessment of in-country processing that
makes use of videoconferencing; and
(3) describes the Secretary of State's diplomatic efforts
to improve issuance of exit permits to Iraqis who have been
provided special immigrant status under section 1244 and
Iraqi refugees under section 1243.

SEC. 1243. UNITED STATES REFUGEE PROGRAM PROCESSING
PRIORITIES.

(a) In General.--Refugees of special humanitarian concern
eligible for Priority 2 processing under the refugee
resettlement priority system who may apply directly to the
United States Admission Program shall include--
(1) Iraqis who were or are employed by the United States
Government, in Iraq;
(2) Iraqis who establish to the satisfaction of the
Secretary of State that they are or were employed in Iraq
by--
(A) a media or nongovernmental organization headquartered
in the United States; or
(B) an organization or entity closely associated with the
United States mission in Iraq that has received United States
Government funding through an official and documented
contract, award, grant, or cooperative agreement; and
(3) spouses, children, and parents whether or not
accompanying or following to join, and sons, daughters, and
siblings of aliens described in paragraph (1), paragraph (2),
or section 1244(b)(1); and
(4) Iraqis who are members of a religious or minority
community, have been identified by the Secretary of State, or
the designee of the Secretary, as a persecuted group, and
have close family members (as described in section
201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a))) in the United
States.
(b) Identification of Other Persecuted Groups.--The
Secretary of State, or the designee of the Secretary, is
authorized to identify other Priority 2 groups of Iraqis,
including vulnerable populations.
(c) Ineligible Organizations and Entities.--Organizations
and entities described in subsection (a)(2) shall not include
any that appear on the Department of the Treasury's list of
Specially Designated Nationals or any entity specifically
excluded by the Secretary of Homeland Security, after
consultation with the Secretary of State and the heads of
relevant elements of the intelligence community (as defined
in section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).
(d) Applicability of Other Requirements.--Aliens under this
section who qualify for Priority 2 processing under the
refugee resettlement priority system shall satisfy the
requirements of section 207 of the

[[Page H193]]

Immigration and Nationality Act (8 U.S.C. 1157) for admission
to the United States.
(e) Numerical Limitations.--In determining the number of
Iraqi refugees who should be resettled in the United States
under paragraphs (2), (3), and (4) of subsection (a) and
subsection (b) of section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), the President shall consult
with the heads of nongovernmental organizations that have a
presence in Iraq or experience in assessing the problems
faced by Iraqi refugees.
(f) Eligibility for Admission as Refugee.--No alien shall
be denied the opportunity to apply for admission under this
section solely because such alien qualifies as an immediate
relative or is eligible for any other immigrant
classification.

SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.

(a) In General.--Subject to subsection (c), the Secretary
of Homeland Security, or, notwithstanding any other provision
of law, the Secretary of State in consultation with the
Secretary of Homeland Security, may provide an alien
described in subsection (b) with the status of a special
immigrant under section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
(1) or an agent acting on behalf of the alien, submits a
petition for classification under section 203(b)(4) of such
Act (8 U.S.C. 1153(b)(4));
(2) is otherwise eligible to receive an immigrant visa;
(3) is otherwise admissible to the United States for
permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such Act (8
U.S.C. 1182(a)(4)); and
(4) cleared a background check and appropriate screening,
as determined by the Secretary of Homeland Security.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if the alien--
(A) is a citizen or national of Iraq;
(B) was or is employed by or on behalf of the United States
Government in Iraq, on or after March 20, 2003, for not less
than one year;
(C) provided faithful and valuable service to the United
States Government, which is documented in a positive
recommendation or evaluation, subject to paragraph (4), from
the employee's senior supervisor or the person currently
occupying that position, or a more senior person, if the
employee's senior supervisor has left the employer or has
left Iraq; and
(D) has experienced or is experiencing an ongoing serious
threat as a consequence of the alien's employment by the
United States Government.
(2) Spouses and children.--An alien is described in this
subsection if the alien--
(A) is the spouse or child of a principal alien described
in paragraph (1); and
(B) is accompanying or following to join the principal
alien in the United States.
(3) Treatment of surviving spouse or child.--An alien is
described in subsection (b) if the alien--
(A) was the spouse or child of a principal alien described
in paragraph (1) who had a petition for classification
approved pursuant to this section or section 1059 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 8 U.S.C. 1101 note), which included the
alien as an accompanying spouse or child; and
(B) due to the death of the principal alien--
(i) such petition was revoked or terminated (or otherwise
rendered null); and
(ii) such petition would have been approved if the
principal alien had survived.
(4) Approval by chief of mission required.--A
recommendation or evaluation required under paragraph (1)(C)
shall be accompanied by approval from the Chief of Mission,
or the designee of the Chief of Mission, who shall conduct a
risk assessment of the alien and an independent review of
records maintained by the United States Government or hiring
organization or entity to confirm employment and faithful and
valuable service to the United States Government prior to
approval of a petition under this section.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section
may not exceed 5,000 per year for each of the five fiscal
years beginning after the date of the enactment of this Act.
(2) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this section shall not be
counted against any numerical limitation under sections
201(d), 202(a), or 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(3) Carry forward.--
(A) Fiscal years one through four.--If the numerical
limitation specified in paragraph (1) is not reached during a
given fiscal year referred to in such paragraph (with respect
to fiscal years one through four), the numerical limitation
specified in such paragraph for the following fiscal year
shall be increased by a number equal to the difference
between--
(i) the numerical limitation specified in paragraph (1) for
the given fiscal year; and
(ii) the number of principal aliens provided special
immigrant status under this section during the given fiscal
year.
(B) Fiscal years five and six.--If the numerical limitation
specified in paragraph (1) is not reached in the fifth fiscal
year beginning after the date of the enactment of this Act,
the total number of principal aliens who may be provided
special immigrant status under this section for the sixth
fiscal year beginning after such date shall be equal to the
difference between--
(i) the numerical limitation specified in paragraph (1) for
the fifth fiscal year; and
(ii) the number of principal aliens provided such status
under this section during the fifth fiscal year.
(d) Visa and Passport Issuance and Fees.--Neither the
Secretary of State nor the Secretary of Homeland Security may
charge an alien described in subsection (b) any fee in
connection with an application for, or issuance of, a special
immigrant visa. The Secretary of State shall make a
reasonable effort to ensure that aliens described in this
section who are issued special immigrant visas are provided
with the appropriate series Iraqi passport necessary to enter
the United States.
(e) Protection of Aliens.--The Secretary of State, in
consultation with the heads of other relevant Federal
agencies, shall make a reasonable effort to provide an alien
described in this section who is applying for a special
immigrant visa with protection or the immediate removal from
Iraq, if possible, of such alien if the Secretary determines
after consultation that such alien is in imminent danger.
(f) Eligibility for Admission Under Other Classification.--
No alien shall be denied the opportunity to apply for
admission under this section solely because such alien
qualifies as an immediate relative or is eligible for any
other immigrant classification.
(g) Resettlement Support.--Iraqi aliens granted special
immigrant status described in section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) shall
be eligible for resettlement assistance, entitlement
programs, and other benefits available to refugees admitted
under section 207 of such Act (8 U.S.C. 1157) for a period
not to exceed eight months.
(h) Rule of Construction.--Nothing in this section may be
construed to affect the authority of the Secretary of
Homeland Security under section 1059 of the National Defense
Authorization Act for Fiscal Year 2006.

SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES AND
INTERNALLY DISPLACED PERSONS.

(a) Designation in Iraq.--The Secretary of State shall
designate in the embassy of the United States in Baghdad,
Iraq, a Senior Coordinator for Iraqi Refugees and Internally
Displaced Persons (referred to in this section as the
``Senior Coordinator'').
(b) Responsibilities.--The Senior Coordinator shall be
responsible for the oversight of processing for the
resettlement in the United States of refugees of special
humanitarian concern, special immigrant visa programs in
Iraq, and the development and implementation of other
appropriate policies and programs concerning Iraqi refugees
and internally displaced persons. The Senior Coordinator
shall have the authority to refer persons to the United
States refugee resettlement program.
(c) Designation of Additional Senior Coordinators.--The
Secretary of State shall designate in the embassies of the
United States in Cairo, Egypt, Amman, Jordan, Damascus,
Syria, and Beirut, Lebanon, a Senior Coordinator to oversee
resettlement in the United States of refugees of special
humanitarian concern in those countries to ensure their
applications to the United States refugee resettlement
program are processed in an orderly manner and without delay.

SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS OF IRAQI
REFUGEES.

With respect to each country with a significant population
of Iraqi refugees, including Iraq, Jordan, Egypt, Syria,
Turkey, and Lebanon, the Secretary of State shall--
(1) as appropriate, consult with the appropriate government
officials of such countries and other countries and the
United Nations High Commissioner for Refugees regarding
resettlement of the most vulnerable members of such refugee
populations; and
(2) as appropriate, except where otherwise prohibited by
the laws of the United States, develop mechanisms in and
provide assistance to countries with a significant population
of Iraqi refugees to ensure the well-being and safety of such
populations in their host environments.

SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION OF ASYLUM.

An alien who applied for asylum or withholding of removal
and whose claim was denied on or after March 1, 2003, by an
asylum officer or an immigration judge solely, or in part, on
the basis of changed country conditions may, notwithstanding
any other provision of law, file a motion to reopen such
claim in accordance with subparagraphs (A) and (B) of section
240(c)(7) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(7)) not later than six months after the date of the
enactment of the Refugee Crisis in Iraq Act if the alien--
(1) is a citizen or national of Iraq; and
(2) has remained in the United States since the date of
such denial.

SEC. 1248. REPORTS.

(a) Secretary of Homeland Security.--Not later than 120
days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the Committee
on the Judiciary of the House of Representatives, the
Committee on Foreign Affairs of the House of Representatives,
the

[[Page H194]]

Committee on the Judiciary of the Senate, and the Committee
on Foreign Relations of the Senate a report containing plans
to expedite the processing of Iraqi refugees for
resettlement, including information relating to--
(1) expediting the processing of Iraqi refugees for
resettlement, including through temporary expansion of the
Refugee Corps of United States Citizenship and Immigration
Services;
(2) increasing the number of personnel of the Department of
Homeland Security devoted to refugee processing in Iraq,
Jordan, Egypt, Syria, Turkey, and Lebanon;
(3) enhancing existing systems for conducting background
and security checks of persons applying for special immigrant
status and of persons considered Priority 2 refugees of
special humanitarian concern under the refugee resettlement
priority system, which enhancements shall support immigration
security and provide for the orderly processing of such
applications without delay; and
(4) the projections of the Secretary, per country and per
month, for the number of refugee interviews that will be
conducted in fiscal year 2008 and fiscal year 2009.
(b) President.--Not later than 120 days after the date of
the enactment of this Act, and annually thereafter through
2013, the President shall submit to Congress an unclassified
report, with a classified annex if necessary, which
includes--
(1) an assessment of the financial, security, and personnel
considerations and resources necessary to carry out the
provisions of this subtitle;
(2) the number of aliens described in section 1243(a)(1);
(3) the number of such aliens who have applied for special
immigrant visas;
(4) the date of such applications; and
(5) in the case of applications pending for longer than six
months, the reasons that such visas have not been
expeditiously processed.
(c) Report on Iraqi Citizens and Nationals Employed by the
United States Government or Federal Contractors in Iraq.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of State, the Administrator of the United States
Agency for International Development, the Secretary of the
Treasury, and the Secretary of Homeland Security shall--
(A) review internal records and databases of their
respective agencies for information that can be used to
verify employment of Iraqi nationals by the United States
Government; and
(B) request from each prime contractor or grantee that has
performed work in Iraq since March 20, 2003, under a
contract, grant, or cooperative agreement with their
respective agencies that is valued in excess of $25,000
information that can be used to verify the employment of
Iraqi nationals by such contractor or grantee.
(2) Information required.--To the extent data is available,
the information referred to in paragraph (1) shall include
the name and dates of employment of, biometric data for, and
other data that can be used to verify the employment of each
Iraqi citizen or national who has performed work in Iraq
since March 20, 2003, under a contract, grant, or cooperative
agreement with an executive agency.
(3) Executive agency defined.--In this subsection, the term
``executive agency'' has the meaning given the term in
section 4(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(1)).
(d) Report on Establishment of Database.--Not later than
120 days after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Secretary of
State, the Administrator of the United States Agency for
International Development, the Secretary of the Treasury, and
the Secretary of Homeland Security, shall submit to Congress
a report examining the options for establishing a unified,
classified database of information related to contracts,
grants, or cooperative agreements entered into by executive
agencies for the performance of work in Iraq since March 20,
2003, including the information described and collected under
subsection (c), to be used by relevant Federal departments
and agencies to adjudicate refugee, asylum, special immigrant
visa, and other immigration claims and applications.
(e) Noncompliance Report.--Not later than 180 days after
the date of the enactment of this Act, the President shall
submit a report to Congress that describes--
(1) the inability or unwillingness of any contractor or
grantee to provide the information requested under subsection
(c)(1)(B); and
(2) the reasons for failing to provide such information.

SEC. 1249. AUTHORIZATION OF APPROPRIATIONS.

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

Subtitle D--Other Authorities and Limitations

SEC. 1251. COOPERATIVE OPPORTUNITIES DOCUMENTS UNDER
COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS
WITH NATO ORGANIZATIONS AND OTHER ALLIED AND
FRIENDLY FOREIGN COUNTRIES.

Section 2350a(e) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``(A)'';
(B) by striking ``an arms cooperation opportunities
document'' and inserting ``a cooperative opportunities
document before the first milestone or decision point''; and
(C) by striking subparagraph (B); and
(2) in paragraph (2), by striking ``An arms cooperation
opportunities document'' and inserting ``A cooperative
opportunities document''.

SEC. 1252. EXTENSION AND EXPANSION OF TEMPORARY AUTHORITY TO
USE ACQUISITION AND CROSS-SERVICING AGREEMENTS
TO LEND MILITARY EQUIPMENT FOR PERSONNEL
PROTECTION AND SURVIVABILITY.

(a) Expansion to Nations Engaged in Certain Peacekeeping
Operations.--Subsection (a) of section 1202 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2412) is amended--
(1) in paragraph (1), by inserting ``or participating in
combined operations with the United States as part of a
peacekeeping operation under the Charter of the United
Nations or another international agreement'' after ``Iraq or
Afghanistan''; and
(2) in paragraph (3) by inserting ``, or in a peacekeeping
operation described in paragraph (1), as applicable,'' after
``Iraq or Afghanistan''.
(b) One-Year Extension.--Subsection (e) of such section is
amended by striking ``September 30, 2008'' and inserting
``September 30, 2009''.
(c) Conforming Amendment.--The heading of such section is
amended by striking ``FOREIGN FORCES IN IRAQ AND
AFGHANISTAN'' and inserting ``CERTAIN FOREIGN FORCES''.

SEC. 1253. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF PALAU
FOR COSTS OF UNITED STATES MILITARY CIVIC
ACTION TEAM IN PALAU.

Section 104(a) of Public Law 99-658 (48 U.S.C. 1933(a)) is
amended--
(1) by striking ``In recognition'' and inserting ``(1) In
recognition''; and
(2) by adding at the end the following:
``(2) For expenditures that the Department of Defense makes
pursuant to paragraph (1), the Secretary of Defense may
accept up to the amount of $250,000 in annual funds from the
Government of Palau as specified in paragraph (1). Funds
accepted by the Secretary from the Government of Palau under
this paragraph shall be credited to and merged with
appropriations available to the Department of Defense and
shall be used to defray expenditures attendant to the
operation of the United States military Civic Action Team in
Palau. Funds so credited and merged shall be available for
the same time period as the appropriations to which the funds
are credited and merged.''.

SEC. 1254. REPEAL OF REQUIREMENT RELATING TO NORTH KOREA.

Section 1211 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2420) is amended by striking subsection (a).

SEC. 1255. JUSTICE FOR OSAMA BIN LADEN AND OTHER LEADERS OF
AL QAEDA.

(a) Enhanced Reward for Capture of Osama Bin Laden.--
Section 36(e)(1) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2708(e)(1)) is amended by adding at
the end the following new sentence: ``The Secretary shall
authorize a reward of $50,000,000 for the capture or death or
information leading to the capture or death of Osama bin
Laden.''.
(b) Status of Efforts To Bring Osama Bin Laden and Other
Leaders of Al Qaeda to Justice.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State and the
Secretary of Defense shall, in coordination with the Director
of National Intelligence, jointly submit to Congress a report
on the progress made in bringing Osama bin Laden and other
leaders of al Qaeda to justice.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of the likely current location of
terrorist leaders, including Osama bin Laden, Ayman al-
Zawahiri, and other key leaders of al Qaeda.
(B) A description of ongoing efforts to bring to justice
such terrorist leaders, particularly those who have been
directly implicated in attacks in the United States and its
embassies.
(C) An assessment of whether the government of each country
assessed as a likely location of top leaders of al Qaeda has
fully cooperated in efforts to bring those leaders to
justice.
(D) A description of diplomatic efforts currently being
made to improve the cooperation of the governments described
in subparagraph (C).
(E) A description of the current status of the top
leadership of al Qaeda and the strategy for locating them and
bringing them to justice.
(F) An assessment of whether al Qaeda remains the terrorist
organization that poses the greatest threat to United States
interests, including the greatest threat to the territorial
United States.
(3) Update of report.--Not later than one year after the
submission of the report required under paragraph (1), the
Secretary of State and the Secretary of Defense shall, in
coordination with the Director of National Intelligence,
jointly submit to Congress an update of the report required
under paragraph (1).

[[Page H195]]

(4) Form.--The report required under paragraph (1) and the
update of the report required under paragraph (3) shall be
submitted in unclassified form, but may contain a classified
annex, if necessary.

SEC. 1256. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW
COMMITTEE.

(a) Members.--Section 1605 of the National Defense
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note)
is amended in subsection (a)(1)--
(1) in subparagraph (C) by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) by adding at the end the following:
``(E) The Secretary of State.
``(F) The Secretary of Homeland Security.''.
(b) Access to Information.--Subsection (d) of such section
is amended by inserting after ``Department of Energy,'' the
following: ``the Department of State, the Department of
Homeland Security,''.
(c) Termination.--Subsection (f) of such section is amended
by striking ``2008'' and inserting ``2013''.
(d) Submission of Report.--Section 1503 of the National
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C.
2751 note) is amended--
(1) in subsection (a)--
(A) by striking ``Annual'' and inserting ``Biennial''; and
(B) by striking ``each year'' and inserting ``each odd-
numbered year''; and
(2) in subsection (b)(5)--
(A) by striking ``fiscal year preceding'' and inserting
``two fiscal years preceding''; and
(B) by striking ``preceding fiscal year'' and inserting
``preceding fiscal years''.

SEC. 1257. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE
INSTITUTE FOR SECURITY COOPERATION.

It is the sense of Congress that--
(1) the education and training facility of the Department
of Defense known as the Western Hemisphere Institute for
Security Cooperation has the mission of providing
professional education and training to eligible military
personnel, law enforcement officials, and civilians of
nations of the Western Hemisphere that support the democratic
principles set forth in the Inter-American Democratic Charter
of the Organization of American States, while fostering
mutual knowledge, transparency, confidence, and cooperation
among the participating nations and promoting democratic
values and respect for human rights; and
(2) therefore, the Institute is an invaluable education and
training facility which the Department of Defense should
continue to utilize in order to help foster a spirit of
partnership and interoperability among the United States
military and the militaries of participating nations.

SEC. 1258. SENSE OF CONGRESS ON IRAN.

It is the sense of Congress that--
(1) the manner in which the United States transitions and
structures its military presence in Iraq will have critical
long-term consequences for the future of the Persian Gulf and
the Middle East, in particular with regard to the ability of
the Government of Iran to pose a threat to the security of
the region, the prospects for democracy for the people of the
region, and the health of the global economy;
(2) it is in the national interest of the United States
that the Government of Iran should not use extremists in Iraq
to subvert or co-opt the institutions of the legitimate
Government of Iraq;
(3) the United States should designate Iran's Islamic
Revolutionary Guards Corps as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) and place the Islamic
Revolutionary Guards Corps on the list of Specially
Designated Global Terrorists, as established under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) and initiated under Executive Order 13224 (September
23, 2001); and
(4) the United States should act with all possible
expediency to complete the listing of those entities targeted
under United Nations Security Council Resolutions 1737 and
1747, adopted unanimously on December 23, 2006, and March 24,
2007, respectively.

Subtitle E--Reports

SEC. 1261. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS
RELATING TO THE BOMBING OF THE LABELLE
DISCOTHEQUE.

Section 1225 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465) is
amended--
(1) in subsection (b)(2)--
(A) in the heading, by striking ``Update'' and inserting
``Updates''; and
(B) by inserting ``and not later than two years after
enactment of this Act,'' after ``Not later than one year
after enactment of this Act,''; and
(2) in subsection (c), by striking ``Committee on
International Relations'' and inserting ``Committee on
Foreign Affairs''.

SEC. 1262. REPORT ON UNITED STATES POLICY TOWARD DARFUR,
SUDAN.

(a) Requirement for Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
congressional committees a report on the policy of the United
States to address the crisis in the Darfur region of Sudan,
eastern Chad, and north-eastern Central African Republic, and
on the contributions of the Department of Defense and the
Department of State to the North Atlantic Treaty Organization
(NATO), the United Nations, and the African Union in support
of the current African Union Mission in Sudan (AMIS) or any
covered United Nations mission.
(2) Update of report.--Not later than 180 days after the
submission of the report required under paragraph (1), the
Secretary of Defense and the Secretary of State shall jointly
submit to the appropriate congressional committees an update
of the report.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An assessment of the extent to which the Government of
Sudan is in compliance with its obligations under
international law and as a member of the United Nations,
including under United Nations Security Council Resolutions
1591 (2005), 1706 (2006), 1769 (2007), and 1784 (2007) and a
description of any violations of such obligations, including
violations relating to the denial of or delay in facilitating
access by AMIS and United Nations peacekeeping forces to
conflict areas, failure to implement responsibilities to
demobilize and disarm the Janjaweed militias, obstruction of
the voluntary safe return of internally displaced persons and
refugees, and degradation of security of and access to
humanitarian supply routes.
(2) An assessment of the role played by rebel forces in
contributing to violence being carried out against civilians
and humanitarian organizations and of the impact of such
activities on international efforts to create conditions of
peace and security on the ground.
(3) A comprehensive explanation of the policy of the United
States to address the crisis in the Darfur region, including
the activities undertaken by the Department of Defense and
the Department of State in support of that policy.
(4) A comprehensive assessment of the potential impact of a
no-fly zone for the Darfur region, including an assessment of
the impact of such a no-fly zone on humanitarian efforts in
Darfur and the region and a plan to minimize any negative
impact on such humanitarian efforts during the implementation
of such a no-fly zone.
(5) A description of contributions made by the Department
of Defense and the Department of State in support of NATO
assistance to AMIS and any covered United Nations mission.
(6) An assessment of the extent to which additional United
States Government resources are necessary to meet its
obligations to AMIS and any covered United Nations mission.
(7) An assessment of the force size and composition of an
international effort estimated to be necessary to provide
protection to civilian populations currently displaced in the
Darfur region, as well as the force size and composition of
an international effort estimated to be necessary to provide
broader stability within that region.
(8) An examination of the current capacity of the existing
airfield in Abeche, Chad, including the scope of its current
use by the international community in response to the crisis
in the Darfur region.
(9) An analysis of the upgrades, and their associated
costs, necessary to enable the airfield in Abeche, Chad, to
be improved to be fully capable of accommodating a
humanitarian, peacekeeping, or other force deployment of the
size foreseen by United Nations Security Council Resolution
1769 calling for a United Nations deployment to Chad and a
hybrid force of the United Nations and African Union
operating under Chapter VII of the United Nations Charter for
Sudan.
(c) Form and Availability of Reports.--
(1) Form.--The report and update of the report required
under subsection (a) shall be submitted in an unclassified
form, but may include a classified annex.
(2) Availability.--The unclassified portion of the report
and update of the report required under subsection (a) shall
be made available to the public.
(d) Repeal of Superseded Report Requirement.--Section 1227
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2426) is
repealed.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) Covered united nations mission.--The term ``covered
United Nations mission'' means any United Nations-African
Union hybrid peacekeeping operation in the Darfur region of
Sudan, and any United Nations peacekeeping operation in the
Darfur region, eastern Chad, or northern Central African
Republic, that is deployed on or after the date of the
enactment of this Act.

SEC. 1263. INCLUSION OF INFORMATION ON ASYMMETRIC
CAPABILITIES IN ANNUAL REPORT ON MILITARY POWER
OF THE PEOPLE'S REPUBLIC OF CHINA.

Section 1202(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note)
is amended by adding at the end the following new paragraph:
``(9) Developments in China's asymmetric capabilities,
including efforts to acquire, develop, and deploy
cyberwarfare capabilities.''.

[[Page H196]]

SEC. 1264. REPORT ON APPLICATION OF THE UNIFORM CODE OF
MILITARY JUSTICE TO CIVILIANS ACCOMPANYING THE
ARMED FORCES DURING A TIME OF DECLARED WAR OR
CONTINGENCY OPERATION.

(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the status of
implementing paragraph (10) of section 802(a) of title 10,
United States Code (article 2(a) of the Uniform Code of
Military Justice), as amended by section 552 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364), related to the application of
chapter 47 of such title (the Uniform Code of Military
Justice) to persons serving with or accompanying an armed
force in the field during a time of declared war or
contingency operation.
(b) Contents of Report.--The report required by subsection
(a) shall include each of the following:
(1) A discussion of how the Secretary has resolved issues
related to establishing jurisdiction under such chapter over
persons referred to in paragraph (10) of section 802(a) of
title 10, United States Code (article 2(a) of the Uniform
Code of Military Justice), specifically with respect to
persons under contract with the Department of Defense or with
other Federal agencies.
(2) An identification of any outstanding issues that remain
to be resolved with respect to implementing such paragraph
and a timetable for resolving such issues.
(3) A description of key implementing steps that have been
taken or remain to be taken to assert jurisdiction under
chapter 47 of such title over such persons.
(4) An explanation of the Secretary's approach to
identifying factors that commanders should consider in
determining whether to seek prosecution of such a person
under such chapter or under chapter 212 of title 18, United
States Code.

SEC. 1265. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES
CITIZENS AND THEIR RELATIVES IN NORTH KOREA.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the President shall
transmit to Congress a report on family reunions between
United States citizens and their relatives in the Democratic
People's Republic of Korea.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of the efforts, if any, of the United
States Government to facilitate family reunions between
United States citizens and their relatives in North Korea,
including the following:
(A) Discussing with North Korea family reunions between
United States citizens and their relatives in North Korea.
(B) Planning, in the event of a normalization of relations
between the United States and North Korea, for the
appropriate role of the United States embassy in Pyongyang,
North Korea, in facilitating family reunions between United
States citizens and their relatives in North Korea.
(2) A description of additional efforts, if any, of the
United States Government to facilitate family reunions
between United States citizens and their relatives in North
Korea that the President considers to be desirable and
feasible.

SEC. 1266. REPORTS ON PREVENTION OF MASS ATROCITIES.

(a) Department of State Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State
shall submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
a report assessing the capability of the Department of State
to provide training and guidance to the command of an
international intervention force that seeks to prevent mass
atrocities.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An evaluation of any doctrine currently used by the
Secretary of State to prepare for the training and guidance
of the command of an international intervention force.
(B) An assessment of the role played by the United States
in developing the ``responsibility to protect'' doctrine
described in paragraphs 138 through 140 of the outcome
document of the High-level Plenary Meeting of the General
Assembly adopted by the United Nations in September 2005, and
an update on actions taken by the United States Mission to
the United Nations to discuss, promote, and implement such
doctrine.
(C) An assessment of the potential capability of the
Department of State and other Federal departments and
agencies to support the development of new doctrines for the
training and guidance of an international intervention force
in keeping with the ``responsibility to protect'' doctrine.
(D) Recommendations as to the steps necessary to allow the
Secretary of State to provide more effective training and
guidance to an international intervention force.
(b) Department of Defense Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
a report assessing the capability of the Department of
Defense to provide training and guidance to the command of an
international intervention force that seeks to prevent mass
atrocities.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An evaluation of any doctrine currently used by the
Secretary of Defense to prepare for the training and guidance
of the command of an international intervention force.
(B) An assessment of the potential capability of the
Department of Defense and other Federal departments and
agencies to support the development of new doctrines for the
training and guidance of an international intervention force
in keeping with the ``responsibility to protect'' doctrine.
(C) Recommendations as to the steps necessary to allow the
Secretary of Defense to provide more effective training and
guidance to an international intervention force.
(D) A summary of any assessments or studies of the
Department of Defense or other Federal departments or
agencies relating to ``Operation Artemis'', the 2004 French
military deployment and intervention in the eastern region of
the Democratic Republic of Congo to protect civilians from
local warring factions.
(c) International Intervention Force.--For the purposes of
this section, ``international intervention force'' means a
military force that--
(1) is authorized by the United Nations; and
(2) has a mission that is narrowly focused on the
protection of civilian life and the prevention of mass
atrocities such as genocide.

SEC. 1267. REPORT ON THREATS TO THE UNITED STATES FROM
UNGOVERNED AREAS.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
and the Secretary of State, in coordination with the Director
of National Intelligence, shall jointly submit to the
specified congressional committees a report on the threats
posed to the United States from ungoverned areas, including
the threats to the United States from terrorist groups and
individuals located in such areas who direct their activities
against the national security interests of the United States
and its allies.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A description of those areas the United States
Government considers ungoverned, including--
(A) a description of the geo-political and cultural
influences exerted within such areas and by whom;
(B) a description of the economic conditions and prospects
and the major social dynamics of such areas; and
(C) a description of the United States Government's
relationships with entities located in such areas, including
with relevant national or other governments and relevant
tribal or other groups.
(2) A description of the capabilities required by the
United States Government to support United States policy
aimed at managing the threats described in subsection (a),
including, specifically, the technical, linguistic, and
analytical capabilities required by the Department of Defense
and the Department of State.
(3) An assessment of the extent to which the Department of
Defense and the Department of State possess the capabilities
described in paragraph (2) as well as the necessary resources
and organization to support United States policy aimed at
managing the threats described in subsection (a).
(4) A description of the extent to which the implementation
of Department of Defense Directive 3000.05, entitled
``Military Support for Stability, Security, Transition, and
Reconstruction Operations'', will support United States
policy for managing such threats.
(5) A description of the actions, if any, to be taken to
improve the capabilities of the Department of Defense and the
Department of State described in paragraph (2), and the
schedule for implementing any actions so described.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, to the maximum extent
practicable, but may contain a classified annex, if
necessary.
(d) Definition.--In this section, the term ``specified
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.

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

[[Page H197]]

Sec. 1305. Modification of authority to use Cooperative Threat
Reduction funds outside the former Soviet Union.
Sec. 1306. New initiatives for the Cooperative Threat Reduction
Program.
Sec. 1307. Report relating to chemical weapons destruction at
Shchuch'ye, Russia.
Sec. 1308. National Academy of Sciences study of prevention of
proliferation of biological weapons.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.

(a) Specification of Cooperative Threat Reduction
Programs.--For purposes of section 301 and other provisions
of this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note),
as amended by section 1303 of this Act.
(b) Fiscal Year 2008 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2008
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $428,048,000
authorized to be appropriated to the Department of Defense
for fiscal year 2008 in section 301(19) for Cooperative
Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$92,885,000.
(2) For nuclear weapons storage security in Russia,
$47,640,000.
(3) For nuclear weapons transportation security in Russia,
$37,700,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$47,986,000.
(5) For biological weapons proliferation prevention in the
former Soviet Union, $158,489,000.
(6) For chemical weapons destruction, $6,000,000.
(7) For defense and military contacts, $8,000,000.
(8) For new Cooperative Threat Reduction initiatives that
are outside the former Soviet Union, $10,000,000.
(9) For activities designated as Other
Assessments/Administrative Support, $19,348,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2008 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (9) of subsection
(a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2008 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is
necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2008 for a
purpose listed in paragraphs (1) through (9) of subsection
(a) in excess of the specific amount authorized for that
purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (9) of subsection
(a) in excess of the specific amount authorized for such
purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.

SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS IN STATES OUTSIDE THE FORMER SOVIET
UNION.

Section 1501 of the National Defense Authorization Act for
Fiscal Year 1997 (50 U.S.C. 2362 note) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)''; and
(2) by adding at the end the following new subsection:
``(c) Specified Programs With Respect to States Outside the
Former Soviet Union.--The programs referred to in subsection
(a) are the following programs with respect to states that
are not states of the former Soviet Union:
``(1) Programs to facilitate the elimination, and the safe
and secure transportation and storage, of chemical or
biological weapons, weapons components, weapons-related
materials, and their delivery vehicles.
``(2) Programs to facilitate safe and secure transportation
and storage of nuclear weapons, weapons components, and their
delivery vehicles.
``(3) Programs to prevent the proliferation of nuclear and
chemical weapons, weapons components, and weapons-related
military technology and expertise.
``(4) Programs to prevent the proliferation of biological
weapons, weapons components, and weapons-related military
technology and expertise, which may include activities that
facilitate detection and reporting of highly pathogenic
diseases or other diseases that are associated with or that
could be utilized as an early warning mechanism for disease
outbreaks that could impact the Armed Forces of the United
States or allies of the United States.
``(5) Programs to expand military-to-military and defense
contacts.''.

SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF
THE FORMER SOVIET UNION FOR COOPERATIVE THREAT
REDUCTION.

(a) In General.--
(1) Soviet nuclear threat reduction act of 1991.--The
Soviet Nuclear Threat Reduction Act of 1991 (title II of
Public Law 102-228; 22 U.S.C. 2551 note) is amended--
(A) by striking section 211; and
(B) in section 212, by striking ``, consistent with the
findings stated in section 211,''.
(2) Cooperative threat reduction act of 1993.--Section 1203
of the Cooperative Threat Reduction Act of 1993 (22 U.S.C.
5952) is amended by striking subsection (d).
(3) Russian chemical weapons destruction facilities.--
Section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is
repealed.
(4) Conforming repeal.--Section 1303 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 22 U.S.C. 5952 note) is repealed.
(b) Inapplicability of Other Restrictions.--Section 502 of
the Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not
apply to any Cooperative Threat Reduction program.

SEC. 1305. MODIFICATION OF AUTHORITY TO USE COOPERATIVE
THREAT REDUCTION FUNDS OUTSIDE THE FORMER
SOVIET UNION.

Section 1308 of the National Defense Authorization Act for
Fiscal Year 2004 (22 U.S.C. 5963) is amended--
(1) in subsection (a), by striking ``Subject to'' and all
that follows through ``the following:'' and inserting
``Subject to the provisions of this section, the Secretary of
Defense may obligate and expend Cooperative Threat Reduction
funds for a fiscal year, and any Cooperative Threat Reduction
funds for a fiscal year before such fiscal year that remain
available for obligation, for a proliferation threat
reduction project or activity outside the states of the
former Soviet Union if the Secretary of Defense, with the
concurrence of the Secretary of State, determines each of the
following:'';
(2) by striking subsection (c) and redesignating
subsections (d) and (e) as (c) and (d), respectively; and
(3) by amending subsection (c) (as so redesignated) to read
as follows:
``(c) Limitation on Availability of Funds.--
``(1) The Secretary of Defense may not obligate funds for a
project or activity under the authority in subsection (a) of
this section until the Secretary of Defense, with the
concurrence of the Secretary of State, makes each
determination specified in that subsection with respect to
such project or activity.
``(2) Not later than 10 days after obligating funds under
the authority in subsection (a) of this section for a project
or activity, the Secretary of Defense and the Secretary of
State shall notify Congress in writing of the determinations
made under paragraph (1) with respect to such project or
activity, together with--
``(A) a justification for such determinations; and
``(B) a description of the scope and duration of such
project or activity.''.

SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE THREAT
REDUCTION PROGRAM.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense Cooperative Threat Reduction
(CTR) Program should be strengthened and expanded, in part by
developing new CTR initiatives;
(2) such new initiatives should--
(A) be well-coordinated with the Department of Energy, the
Department of State, and any other relevant United States
Government agency or department;
(B) include appropriate transparency and accountability
mechanisms, and legal frameworks and agreements between the
United States and CTR partner countries;
(C) reflect engagement with non-governmental experts on
possible new options for the CTR Program;
(D) include work with the Russian Federation and other
countries to establish strong CTR partnerships that, among
other things--
(i) increase the role of scientists and government
officials of CTR partner countries in designing CTR programs
and projects; and
(ii) increase financial contributions and additional
commitments to CTR programs and projects from Russia and
other partner countries, as appropriate, as evidence that the
programs and projects reflect national priorities and will be
sustainable;

[[Page H198]]

(E) include broader international cooperation and
partnerships, and increased international contributions;
(F) incorporate a strong focus on national programs and
sustainability, which includes actions to address concerns
raised and recommendations made by the Government
Accountability Office, in its report of February 2007 titled
``Progress Made in Improving Security at Russian Nuclear
Sites, but the Long-Term Sustainability of U.S. Funded
Security Upgrades is Uncertain'', which pertain to the
Department of Defense;
(G) continue to focus on the development of CTR programs
and projects that secure nuclear weapons; secure and
eliminate chemical and biological weapons and weapons-related
materials; and eliminate nuclear, chemical, and biological
weapons-related delivery vehicles and infrastructure at the
source; and
(H) include efforts to develop new CTR programs and
projects in Russia and the former Soviet Union, and in
countries and regions outside the former Soviet Union, as
appropriate and in the interest of United States national
security; and
(3) such new initiatives could include--
(A) programs and projects in Asia and the Middle East; and
(B) activities relating to the denuclearization of the
Democratic People's Republic of Korea.
(b) National Academy of Sciences Study.--
(1) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter
into an arrangement with the National Academy of Sciences
under which the Academy shall carry out a study to analyze
options for strengthening and expanding the CTR Program.
(2) Matters to be included in study.--The Secretary shall
provide for the study under paragraph (1) to include--
(A) an assessment of new CTR initiatives described in
subsection (a); and
(B) an identification of options and recommendations for
strengthening and expanding the CTR Program.
(3) Submission of national academy of sciences report.--The
National Academy of Sciences shall submit to Congress a
report on the study under this subsection at the same time
that such report is submitted to the Secretary of Defense
pursuant to subsection (c).
(c) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after receipt of
the report under subsection (b), the Secretary of Defense
shall submit to Congress a report on new CTR initiatives. The
report shall include--
(A) a summary of the results of the study carried out under
subsection (b);
(B) an assessment by the Secretary of the study; and
(C) a statement of the actions, if any, to be undertaken by
the Secretary to implement any recommendations in the study.
(2) Form.--The report shall be in unclassified form but may
include a classified annex if necessary.
(d) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or
otherwise made available for Cooperative Threat Reduction
programs for fiscal year 2008, not more than $1,000,000 shall
be obligated or expended to carry out this section.

SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DESTRUCTION AT
SHCHUCH'YE, RUSSIA.

(a) Definition.--In this section, the terms ``Shchuch'ye
project'' and ``project'' mean the Cooperative Threat
Reduction Program chemical weapons destruction project
located in the area of Shchuch'ye in the Russian Federation.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the Shchuch'ye project. The report shall include--
(1) a current and detailed cost estimate for completion of
the project, to include costs that will be borne by the
United States and Russia, respectively; and
(2) a specific strategic and operating plan for completion
of the project, which includes--
(A) the Department's plans to ensure robust project
management and oversight, including management and oversight
with respect to the performance of any contractors;
(B) project quality assurance and sustainability measures;
(C) metrics for measuring project progress with a timetable
for achieving goals, including initial systems integration
and start-up testing; and
(D) a projected project completion date.

SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION
OF PROLIFERATION OF BIOLOGICAL WEAPONS.

(a) Study Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
enter into an arrangement with the National Academy of
Sciences under which the Academy shall carry out a study to
identify areas for cooperation with states other than states
of the former Soviet Union under the Cooperative Threat
Reduction Program of the Department of Defense in the
prevention of proliferation of biological weapons.
(b) Matters To Be Included in Study.--The Secretary shall
provide for the study under subsection (a) to include the
following:
(1) An assessment of the capabilities and capacity of
governments of developing countries to control the
containment and use of dual-use technologies of potential
interest to terrorist organizations or individuals with
hostile intentions.
(2) An assessment of the approaches to cooperative threat
reduction used by the states of the former Soviet Union that
are of special relevance in preventing the proliferation of
biological weapons in other areas of the world.
(3) A brief review of programs of the United States
Government and other governments, international
organizations, foundations, and other private sector entities
that may contribute to the prevention of the proliferation of
biological weapons.
(4) Recommendations on steps for integrating activities of
the Cooperative Threat Reduction Program relating to
biological weapons proliferation prevention with activities
of other departments and agencies of the United States, as
appropriate, in states outside of the former Soviet Union.
(c) Submission of National Academy of Sciences Report.--The
National Academy of Sciences shall submit to Congress a
report on the study under subsection (a) at the same time
that such report is submitted to the Secretary of Defense
pursuant to subsection (d).
(d) Secretary of Defense Report.--
(1) In general.--Not later than 90 days after receipt of
the report required by subsection (a), the Secretary shall
submit to the Congress a report on the study carried out
under subsection (a).
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) A summary of the results of the study carried out under
subsection (a).
(B) An assessment by the Secretary of the study.
(C) A statement of the actions, if any, to be undertaken by
the Secretary to implement any recommendations in the study.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Funding.--Of the amounts appropriated pursuant to the
authorization of appropriations in section 301(19) or
otherwise made available for Cooperative Threat Reduction
programs for fiscal year 2008, not more than $1,000,000 may
be obligated or expended to carry out this section.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Subtitle B--National Defense Stockpile

Subtitle C--Armed Forces Retirement Home

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

Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $102,446,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,250,300,000.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the National Defense Sealift Fund in the amount
of $1,349,094,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 for expenses, not
otherwise provided for, for the Defense Health Program, in
the amount of $23,080,384,000, of which--
(1) $22,583,641,000 is for Operation and Maintenance;
(2) $134,482,000 is for Research, Development, Test, and
Evaluation; and
(3) $362,261,000 is for Procurement.

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2008 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
in the amount of $1,512,724,000, of which--
(1) $1,181,500,000 is for Operation and Maintenance;
(2) $312,800,000 is for Research, Development, Test, and
Evaluation; and
(3) $18,424,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with

[[Page H199]]

section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, in the amount of $938,022,000.

SEC. 1406. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, in the amount of
$225,995,000, of which--
(1) $224,995,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.

Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.

(a) Obligation of Stockpile Funds.--During fiscal year
2008, the National Defense Stockpile Manager may obligate up
to $44,825,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section
9 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.

SEC. 1412. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR
PREVIOUSLY AUTHORIZED DISPOSALS FROM THE
NATIONAL DEFENSE STOCKPILE.

(a) Fiscal Year 2000 Disposal Authority.--Section 3402(b)
of the National Defense Authorization Act for Fiscal Year
2000 (50 U.S.C. 98d note), as amended by section 3302 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1788) and section 3302 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3545), is amended by striking
``$600,000,000 before'' in paragraph (5) and inserting
``$710,000,000 by''.
(b) Fiscal Year 1999 Disposal Authority.--Section 3303(a)
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 98d note), as
amended by section 3302 of the Ronald W. Reagan National
Defense Authorization Act for Year 2005 (Public Law 108-375;
118 Stat. 2193), section 3302 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3545), and section 3302(a) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2513), is amended by striking
``$1,016,000,000 by the end of fiscal year 2014'' in
paragraph (7) and inserting ``$1,066,000,000 by the end of
fiscal year 2015''.

SEC. 1413. DISPOSAL OF FERROMANGANESE.

(a) Disposal Authorized.--The Secretary of Defense may
dispose of up to 50,000 tons of ferromanganese from the
National Defense Stockpile during fiscal year 2008.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense enters into a
contract for the disposal of the total quantity of
ferromanganese authorized for disposal by subsection (a)
before September 30, 2008, the Secretary of Defense may
dispose of up to an additional 25,000 tons of ferromanganese
from the National Defense Stockpile before that date.
(2) Additional amounts.--If the Secretary enters into a
contract for the disposal of the total quantity of additional
ferromanganese authorized for disposal by paragraph (1)
before September 30, 2008, the Secretary may dispose of up to
an additional 25,000 tons of ferromanganese from the National
Defense Stockpile before that date.
(c) Certification.--The Secretary of Defense may dispose of
ferromanganese under the authority of paragraph (1) or (2) of
subsection (b) only if the Secretary submits to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, written
certification that--
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile under such paragraph is in the
interest of national defense;
(2) the disposal of the additional ferromanganese under
such paragraph will not cause disruption to the usual markets
of producers and processors of ferromanganese in the United
States; and
(3) the disposal of the additional ferromanganese under
such paragraph is consistent with the requirements and
purpose of the National Defense Stockpile.
(d) National Defense Stockpile Defined.--In this section,
the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).

SEC. 1414. DISPOSAL OF CHROME METAL.

(a) Disposal Authorized.--The Secretary of Defense may
dispose of up to 500 short tons of chrome metal from the
National Defense Stockpile during fiscal year 2008.
(b) Contingent Authority for Additional Disposal.--
(1) In general.--If the Secretary of Defense completes the
disposal of the total quantity of chrome metal authorized for
disposal by subsection (a) before September 30, 2008, the
Secretary of Defense may dispose of up to an additional 250
short tons of chrome metal from the National Defense
Stockpile before that date.
(2) Additional amounts.--If the Secretary completes the
disposal of the total quantity of additional chrome metal
authorized for disposal by paragraph (1) before September 30,
2008, the Secretary may dispose of up to an additional 250
short tons of chrome metal from the National Defense
Stockpile before that date.
(c) Certification.--The Secretary of Defense may dispose of
chrome metal under the authority of paragraph (1) or (2) of
subsection (b) only if the Secretary submits to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, not later than 30
days before the commencement of disposal under the applicable
paragraph, written certification that--
(1) the disposal of the additional chrome metal from the
National Defense Stockpile is in the interest of national
defense;
(2) the disposal of the additional chrome metal will not
cause disruption to the usual markets of producers and
processors of chrome metal in the United States; and
(3) the disposal of the additional chrome metal is
consistent with the requirements and purpose of the National
Defense Stockpile.
(d) National Defense Stockpile Defined.--In this section,
the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).

Subtitle C--Armed Forces Retirement Home

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.

There is authorized to be appropriated for fiscal year 2008
from the Armed Forces Retirement Home Trust Fund the sum of
$61,624,000 for the operation of the Armed Forces Retirement
Home.

SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES
RETIREMENT HOME.

(a) Role of Secretary of Defense.--Section 1511 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is
amended--
(1) in subsection (d), by adding at the end the following
new paragraph:
``(3) The administration of the Retirement Home (including
administration for the provision of health care and medical
care for residents) shall remain under the direct authority,
control, and administration of the Secretary of Defense.'';
and
(2) in subsection (h), by adding at the end the following
new sentence: ``The annual report shall include an assessment
of all aspects of each facility of the Retirement Home,
including the quality of care at the facility.''.
(b) Accreditation.--Subsection (g) of section 1511 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is
amended to read as follows:
``(g) Accreditation.--The Chief Operating Officer shall
secure and maintain accreditation by a nationally recognized
civilian accrediting organization for each aspect of each
facility of the Retirement Home, including medical and dental
care, pharmacy, independent living, and assisted living and
nursing care.''.
(c) Spectrum of Care.--Section 1513(b) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 413(b)) is amended by
inserting after the first sentence the following new
sentence: ``The services provided residents of the Retirement
Home shall include appropriate nonacute medical and dental
services, pharmaceutical services, and transportation of
residents, which shall be provided at no cost to
residents.''.
(d) Senior Medical Advisor for Retirement Home.--
(1) Designation and duties of senior medical advisor.--The
Armed Forces Retirement Home Act of 1991 is amended by
inserting after section 1513 (24 U.S.C. 413) the following
new section:
``SEC. 1513A. IMPROVED HEALTH CARE OVERSIGHT OF RETIREMENT HOME.
``(a) Designation of Senior Medical Advisor.--(1) The
Secretary of Defense shall designate the Deputy Director of
the TRICARE Management Activity to serve as the Senior
Medical Advisor for the Retirement Home.
``(2) The Deputy Director of the TRICARE Management
Activity shall serve as Senior Medical Advisor for the
Retirement Home in addition to performing all other duties
and responsibilities assigned to the Deputy Director of the
TRICARE Management Activity at the time of the designation
under paragraph (1) or afterward.
``(b) Responsibilities.--(1) The Senior Medical Advisor
shall provide advice to the Secretary of Defense, the Under
Secretary of Defense for Personnel and Readiness, and the

[[Page H200]]

Chief Operating Officer regarding the direction and oversight
of the provision of medical, preventive mental health, and
dental care services at each facility of the Retirement Home.
``(2) The Senior Medical Advisor shall also provide advice
to the Local Board for a facility of the Retirement Home
regarding all medical and medical administrative matters of
the facility.
``(c) Duties.--In carrying out the responsibilities set
forth in subsection (b), the Senior Medical Advisor shall
perform the following duties:
``(1) Ensure the timely availability to residents of the
Retirement Home, at locations other than the Retirement Home,
of such acute medical, mental health, and dental care as such
resident may require that is not available at the applicable
facility of the Retirement Home.
``(2) Ensure compliance by the facilities of the Retirement
Home with accreditation standards, applicable health care
standards of the Department of Veterans Affairs, or any other
applicable health care standards and requirements (including
requirements identified in applicable reports of the
Inspector General of the Department of Defense).
``(3) Periodically visit and inspect the medical facilities
and medical operations of each facility of the Retirement
Home.
``(4) Periodically examine and audit the medical records
and administration of the Retirement Home.
``(5) Consult with the Local Board for each facility of the
Retirement Home not less frequently than once each year.
``(d) Advisory Bodies.--In carrying out the
responsibilities set forth in subsection (b) and the duties
set forth in subsection (c), the Senior Medical Advisor may
establish and seek the advice of such advisory bodies as the
Senior Medical Advisor considers appropriate.''.
(2) Clerical amendment.--The table of contents in section
1501(b) of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 401 note) is amended by inserting after the item
relating to section 1513 the following new item:

``1513A. Improved health care oversight of Retirement Home.''.

(e) Local Boards of Trustees.--
(1) Duties.--Subsection (b) of section 1516 of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 416) is amended
to read as follows:
``(b) Duties.--(1) The Local Board for a facility shall
serve in an advisory capacity to the Director of the facility
and to the Chief Operating Officer.
``(2) The Local Board for a facility shall provide to the
Chief Operating Officer and the Director of the facility such
guidance and recommendations on the administration of the
facility as the Local Board considers appropriate.
``(3) Not less often than annually, the Local Board for a
facility shall provide to the Under Secretary of Defense for
Personnel and Readiness an assessment of all aspects of the
facility, including the quality of care at the facility.''.
(2) Composition.--Subparagraph (K) of subsection (c) of
such section is amended to read as follows:
``(K) One senior representative of one of the chief
personnel officers of the Armed Forces, who shall be a
commissioned officer of the Armed Forces serving on active
duty in the grade of brigadier general, or in the case of the
Navy or Coast Guard, rear admiral (lower half).''.
(f) Inspection of Retirement Home.--Section 1518 of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 418) is
amended to read as follows:

``SEC. 1518. INSPECTION OF RETIREMENT HOME.

``(a) Duty of Inspector General of the Department of
Defense.--The Inspector General of the Department of Defense
shall have the duty to inspect the Retirement Home.
``(b) Inspections by Inspector General.--(1) In any year in
which a facility of the Retirement Home is not inspected by a
nationally recognized civilian accrediting organization, the
Inspector General of the Department of Defense shall perform
a comprehensive inspection of all aspects of that facility,
including independent living, assisted living, medical and
dental care, pharmacy, financial and contracting records, and
any aspect of either facility on which the Local Board for
the facility or the resident advisory committee or council of
the facility recommends inspection.
``(2) The Inspector General shall be assisted in
inspections under this subsection by a medical inspector
general of a military department designated for purposes of
this subsection by the Secretary of Defense.
``(3) In conducting the inspection of a facility of the
Retirement Home under this subsection, the Inspector General
shall solicit concerns, observations, and recommendations
from the Local Board for the facility, the resident advisory
committee or council of the facility, and the residents of
the facility. Any concerns, observations, and recommendations
solicited from residents shall be solicited on a not-for-
attribution basis.
``(4) The Chief Operating Officer and the Director of each
facility of the Retirement Home shall make all staff, other
personnel, and records of each facility available to the
Inspector General in a timely manner for purposes of
inspections under this subsection.
``(c) Reports on Inspections by Inspector General.--(1) The
Inspector General shall prepare a report describing the
results of each inspection conducted of a facility of the
Retirement Home under subsection (b), and include in the
report such recommendations as the Inspector General
considers appropriate in light of the inspection. Not later
than 45 days after completing the inspection of the facility,
the Inspector General shall submit the report to Congress and
the Secretary of Defense, the Under Secretary of Defense for
Personnel and Readiness, the Chief Operating Officer, the
Director of the facility, the Senior Medical Advisor, and the
Local Board for the facility.
``(2) Not later than 45 days after receiving a report of
the Inspector General under paragraph (1), the Director of
the facility concerned shall submit to the Secretary of
Defense, the Under Secretary of Defense for Personnel and
Readiness, the Chief Operating Officer, and the Local Board
for the facility, and to Congress, a plan to address the
recommendations and other matters set forth in the report.
``(d) Additional Inspections.--(1) The Chief Operating
Officer shall request the inspection of each facility of the
Retirement Home by a nationally recognized civilian
accrediting organization in accordance with section 1511(g).
``(2) The Chief Operating Officer and the Director of a
facility being inspected under this subsection shall make all
staff, other personnel, and records of the facility available
to the civilian accrediting organization in a timely manner
for purposes of inspections under this subsection.
``(e) Reports on Additional Inspections.--(1) Not later
than 45 days after receiving a report of an inspection from
the civilian accrediting organization under subsection (d),
the Director of the facility concerned shall submit to the
Under Secretary of Defense for Personnel and Readiness, the
Chief Operating Officer, and the Local Board for the facility
a report containing--
``(A) the results of the inspection; and
``(B) a plan to address any recommendations and other
matters set forth in the report.
``(2) Not later than 45 days after receiving a report and
plan under paragraph (1), the Secretary of Defense shall
submit the report and plan to Congress.''.
(g) Armed Forces Retirement Home Trust Fund.--Section 1519
of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
419) is amended by adding at the end the following new
subsection:
``(d) Reporting Requirements.--The Chief Financial Officer
of the Armed Forces Retirement Home shall comply with the
reporting requirements of subchapter II of chapter 35 of
title 31, United States Code.''.

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

SEC. 1501. PURPOSE.

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

SEC. 1502. ARMY PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement accounts for the Army in amounts as
follows:
(1) For aircraft procurement, $2,086,864,000.
(2) For ammunition procurement, $513,600,000.
(3) For weapons and tracked combat vehicles procurement,
$7,289,697,000.
(4) For missile procurement, $641,764,000.
(5) For other procurement, $32,478,568,000.

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2008 for procurement accounts for the Navy in
amounts as follows:
(1) For aircraft procurement, $3,908,458,000.
(2) For weapons procurement, $318,281,000.
(3) For other procurement, $1,870,597,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2008 for the procurement account
for the Marine Corps in the amount of $5,519,740,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the
procurement account for ammunition for the Navy and the
Marine Corps in the amount of $609,890,000.

SEC. 1504. AIR FORCE PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for procurement

[[Page H201]]

accounts for the Air Force in amounts as follows:
(1) For aircraft procurement, $5,828,239,000.
(2) For ammunition procurement, $104,405,000.
(3) For missile procurement, $1,800,000.
(4) For other procurement, $4,528,126,000.

SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) Authorization of Appropriations.--Funds are hereby
authorized for fiscal year 2008 for the Joint Improvised
Explosive Device Defeat Fund in the amount of $4,541,000,000.
(b) Use and Transfer of Funds.--Subsections (b) and (c) of
section 1514 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2439) shall apply to the funds appropriated
pursuant to the authorization of appropriations in subsection
(a).
(c) Revision of Management Plan.--The Secretary of Defense
shall revise the management plan required by section 1514(d)
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 to identify projected transfers and
obligations through September 30, 2008.
(d) Duration of Authority.--Section 1514(f) of the John
Warner National Defense Authorization Act for Fiscal Year
2007 is amended by striking ``September 30, 2009'' and
inserting ``September 30, 2010''.

SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the procurement account for Defense-wide
activities in the amount of $768,157,000.

SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $183,299,000.
(2) For the Navy, $695,996,000.
(3) For the Air Force, $1,457,710,000.
(4) For Defense-wide activities, $1,320,088,000.

SEC. 1508. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $54,929,551,000.
(2) For the Navy, $6,249,793,000.
(3) For the Marine Corps, $4,674,688,000.
(4) For the Air Force, $10,798,473,000.
(5) For Defense-wide activities, $6,424,085,000.
(6) For the Army Reserve, $196,694,000.
(7) For the Navy Reserve, $83,407,000.
(8) For the Marine Corps Reserve, $68,193,000.
(9) For the Army National Guard, $757,008,000.
(10) For the Air Force Reserve, $24,266,000.
(11) For the Air National Guard, $103,267,000.

SEC. 1509. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal
year 2008 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $1,957,675,000.
(2) For the National Defense Sealift Fund, $5,110,000.

SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

(a) Defense Health Program.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year
2008 for expenses, not otherwise provided for, for the
Defense Health Program in the amount of $1,137,442,000 for
operation and maintenance.
(b) Drug Interdiction and Counter-Drug Activities, Defense-
Wide.--Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2008 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide in the amount of $257,618,000.
(c) Defense Inspector General.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal
year 2008 for expenses, not otherwise provided for, for the
Office of the Inspector General of the Department of Defense
in the amount of $4,394,000 for operation and maintenance.

SEC. 1511. IRAQ FREEDOM FUND.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal year 2008 for the Iraq Freedom Fund
in the amount of $207,500,000.
(b) Transfer.--
(1) Transfer authorized.--Subject to paragraph (2), amounts
authorized to be appropriated by subsection (a) may be
transferred from the Iraq Freedom Fund to any accounts as
follows:
(A) Operation and maintenance accounts of the Armed Forces.
(B) Military personnel accounts.
(C) Research, development, test, and evaluation accounts of
the Department of Defense.
(D) Procurement accounts of the Department of Defense.
(E) Accounts providing funding for classified programs.
(F) The operating expenses account of the Coast Guard.
(2) Notice to congress.--A transfer may not be made under
the authority in paragraph (1) until five days after the date
on which the Secretary of Defense notifies the congressional
defense committees in writing of the transfer.
(3) Treatment of transferred funds.--Amounts transferred to
an account under the authority in paragraph (1) shall be
merged with amounts in such account and shall be made
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such account.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1)
shall be deemed to increase the amount authorized for such
account by an amount equal to the amount transferred.

SEC. 1512. IRAQ SECURITY FORCES FUND.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the
Iraq Security Forces Fund in the amount of $3,000,000,000.
(b) Use of Funds.--
(1) In general.--Funds appropriated pursuant to subsection
(a) shall be available to the Secretary of Defense for the
purpose of allowing the Commander, Multi-National Security
Transition Command-Iraq, to provide assistance to the
security forces of Iraq.
(2) Types of assistance authorized.--Assistance provided
under this section may include the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, construction, and funding.
(3) Secretary of state concurrence.--Assistance may be
provided under this section only with the concurrence of the
Secretary of State.
(c) Authority in Addition to Other Authorities.--The
authority to provide assistance under this section is in
addition to any other authority to provide assistance to
foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may
be transferred from the Iraq Security Forces Fund to any of
the following accounts and funds of the Department of Defense
to accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid account.
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to any other transfer
authority available to the Department of Defense.
(3) Transfers back to the fund.--Upon determination that
all or part of the funds transferred from the Iraq Security
Forces Fund under paragraph (1) are not necessary for the
purpose provided, such funds may be transferred back to the
Iraq Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1)
shall be deemed to increase the amount authorized for such
account by an amount equal to the amount transferred.
(e) Notice to Congress.--Funds may not be obligated from
the Iraq Security Forces Fund, or transferred under the
authority provided in subsection (d)(1), until five days
after the date on which the Secretary of Defense notifies the
congressional defense committees in writing of the details of
the proposed obligation or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
contributions of amounts to the Iraq Security Forces Fund for
the purposes provided in subsection (b) from any person,
foreign government, or international organization. Any
amounts so accepted shall be credited to the Iraq Security
Forces Fund.
(2) Limitation.--The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the
integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (b),
including transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives, in writing, upon the
acceptance, and upon the transfer under subsection (d), of
any contribution under this subsection. Such notice shall
specify the source and amount of any amount so accepted and
the use of any amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Secretary of Defense
shall submit to the congressional defense committees a report
summarizing the details of any obligation or transfer of
funds from the Iraq Security Forces Fund during such fiscal-
year quarter.
(h) Duration of Authority.--Amounts authorized to be
appropriated or contributed to the Iraq Security Forces Fund
during fiscal year 2008 are available for obligation or
transfer from the Iraq Security Forces Fund in accordance
with this section until September 30, 2009.

[[Page H202]]

SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2008 for the
Afghanistan Security Forces Fund in the amount of
$2,700,000,000.
(b) Use of Funds.--
(1) In general.--Funds authorized to be appropriated by
subsection (a) shall be available to the Secretary of Defense
to provide assistance to the security forces of Afghanistan.
(2) Types of assistance authorized.--Assistance provided
under this section may include the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, construction, and funds.
(3) Secretary of state concurrence.--Assistance may be
provided under this section only with the concurrence of the
Secretary of State.
(c) Authority in Addition to Other Authorities.--The
authority to provide assistance under this section is in
addition to any other authority to provide assistance to
foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may
be transferred from the Afghanistan Security Forces Fund to
any of the following accounts and funds of the Department of
Defense to accomplish the purposes provided in subsection
(b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid.
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to any other transfer
authority available to the Department of Defense.
(3) Transfers back to fund.--Upon a determination that all
or part of the funds transferred from the Afghanistan
Security Forces Fund under paragraph (1) are not necessary
for the purpose for which transferred, such funds may be
transferred back to the Afghanistan Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1)
shall be deemed to increase the amount authorized for such
account by an amount equal to the amount transferred.
(e) Prior Notice to Congress of Obligation or Transfer.--
Funds may not be obligated from the Afghanistan Security
Forces Fund, or transferred under subsection (d)(1), until
five days after the date on which the Secretary of Defense
notifies the congressional defense committees in writing of
the details of the proposed obligation or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
contributions of amounts to the Afghanistan Security Forces
Fund for the purposes provided in subsection (b) from any
person, foreign government, or international organization.
Any amounts so accepted shall be credited to the Afghanistan
Security Forces Fund.
(2) Limitation.--The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the
integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (b),
including transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives, in writing, upon the
acceptance, and upon the transfer under subsection (d), of
any contribution under this subsection. Such notice shall
specify the source and amount of any amount so accepted and
the use of any amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Secretary of Defense
shall submit to the congressional defense committees a report
summarizing the details of any obligation or transfer of
funds from the Afghanistan Security Forces Fund during such
fiscal-year quarter.
(h) Duration of Authority.--Amounts authorized to be
appropriated or contributed to the Afghanistan Security
Forces Fund during fiscal year 2008 are available for
obligation or transfer from the Afghanistan Security Forces
Fund in accordance with this section until September 30,
2009.

SEC. 1514. MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the
Department of Defense for military personnel accounts for
fiscal year 2008 a total of $17,912,510,000.

SEC. 1515. STRATEGIC READINESS FUND.

There is authorized to be appropriated $1,000,000,000 to
the Strategic Readiness Fund.

SEC. 1516. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be
appropriated by this Act.

SEC. 1517. SPECIAL TRANSFER AUTHORITY.

TITLE XVI--WOUNDED WARRIOR MATTERS

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

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

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

Subtitle C--Health Care Matters

Subtitle D--Disability Matters

Sec. 1641. Utilization of veterans' presumption of sound condition in
establishing eligibility of members of the Armed Forces
for retirement for disability.

[[Page H203]]

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

Subtitle E--Studies and Reports

Subtitle F--Other Matters

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

SEC. 1601. SHORT TITLE.

This title may be cited as the ``Wounded Warrior Act''.

SEC. 1602. GENERAL DEFINITIONS.

In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committees on Armed Services, Veterans' Affairs,
and Appropriations of the Senate; and
(B) the Committees on Armed Services, Veterans' Affairs,
and Appropriations of the House of Representatives.
(2) Benefits delivery at discharge program.--The term
``Benefits Delivery at Discharge Program'' means a program
administered jointly by the Secretary of Defense and the
Secretary of Veterans Affairs to provide information and
assistance on available benefits and other transition
assistance to members of the Armed Forces who are separating
from the Armed Forces, including assistance to obtain any
disability benefits for which such members may be eligible.
(3) Disability evaluation system.--The term ``Disability
Evaluation System'' means the following:
(A) A system or process of the Department of Defense for
evaluating the nature and extent of disabilities affecting
members of the Armed Forces that is operated by the
Secretaries of the military departments and is comprised of
medical evaluation boards, physical evaluation boards,
counseling of members, and mechanisms for the final
disposition of disability evaluations by appropriate
personnel.
(B) A system or process of the Coast Guard for evaluating
the nature and extent of disabilities affecting members of
the Coast Guard that is operated by the Secretary of Homeland
Security and is similar to the system or process of the
Department of Defense described in subparagraph (A).
(4) Eligible family member.--The term ``eligible family
member'', with respect to a recovering service member, means
a family member (as defined in section 411 h(b) of title 37,
United States Code) who is on invitational travel orders or
serving as a non-medical attendee while caring for the
recovering service member for more than 45 days during a one-
year period.
(5) Medical care.--The term ``medical care'' includes
mental health care.
(6) Outpatient status.--The term ``outpatient status'',
with respect to a recovering service member, means the status
of a recovering service member assigned to--
(A) a military medical treatment facility as an outpatient;
or
(B) a unit established for the purpose of providing command
and control of members of the Armed Forces receiving medical
care as outpatients.
(7) Recovering service member.--The term ``recovering
service member'' means a member of the Armed Forces,
including a member of the National Guard or a Reserve, who is
undergoing medical treatment, recuperation, or therapy and is
in an outpatient status while recovering from a serious
injury or illness related to the member's military service.
(8) Serious injury or illness.--The term ``serious injury
or illness'', in the case of a member of the Armed Forces,
means an injury or illness incurred by the member in line of
duty on active duty in the Armed Forces that may render the
member medically unfit to perform the duties of the member's
office, grade, rank, or rating.
(9) TRICARE program.--The term ``TRICARE program'' has the
meaning given that term in section 1072(7) of title 10,
United States Code.

SEC. 1603. CONSIDERATION OF GENDER-SPECIFIC NEEDS OF
RECOVERING SERVICE MEMBERS AND VETERANS.

(a) In General.--In developing and implementing the policy
required by section 1611(a), and in otherwise carrying out
any other provision of this title or any amendment made by
this title, the Secretary of Defense and the Secretary of
Veterans Affairs shall take into account and fully address
any unique gender-specific needs of recovering service
members and veterans under such policy or other provision.
(b) Reports.--In submitting any report required by this
title or an amendment made by this title, the Secretary of
Defense and the Secretary of Veterans Affairs shall, to the
extent applicable, include a description of the manner in
which the matters covered by such report address the unique
gender-specific needs of recovering service members and
veterans.

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

SEC. 1611. COMPREHENSIVE POLICY ON IMPROVEMENTS TO CARE,
MANAGEMENT, AND TRANSITION OF RECOVERING
SERVICE MEMBERS.

(a) Comprehensive Policy Required.--
(1) In general.--Not later than July 1, 2008, the Secretary
of Defense and the Secretary of Veterans Affairs shall, to
the extent feasible, jointly develop and implement a
comprehensive policy on improvements to the care, management,
and transition of recovering service members.
(2) Scope of policy.--The policy shall cover each of the
following:
(A) The care and management of recovering service members.
(B) The medical evaluation and disability evaluation of
recovering service members.
(C) The return of service members who have recovered to
active duty when appropriate.
(D) The transition of recovering service members from
receipt of care and services through the Department of
Defense to receipt of care and services through the
Department of Veterans Affairs.
(3) Consultation.--The Secretary of Defense and the
Secretary of Veterans Affairs shall develop the policy in
consultation with the heads of other appropriate departments
and agencies of the Federal Government and with appropriate
non-governmental organizations having an expertise in matters
relating to the policy.
(4) Update.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly update the policy on a
periodic basis, but not less often than annually, in order to
incorporate in the policy, as appropriate, the following:
(A) The results of the reviews required under subsections
(b) and (c).
(B) Best practices identified through pilot programs
carried out under this title.
(C) Improvements to matters under the policy otherwise
identified and agreed upon by the Secretary of Defense and
the Secretary of Veterans Affairs.
(b) Review of Current Policies and Procedures.--
(1) Review required.--In developing the policy required by
subsection (a), the Secretary of Defense and the Secretary of
Veterans Affairs shall, to the extent necessary, jointly and
separately conduct a review of all policies and procedures of
the Department of Defense and the Department of Veterans
Affairs that apply to, or shall be covered by, the policy.
(2) Purpose.--The purpose of the review shall be to
identify the most effective and patient-oriented approaches
to care and management of recovering service members for
purposes of--

[[Page H204]]

(A) incorporating such approaches into the policy; and
(B) extending such approaches, where applicable, to the
care and management of other injured or ill members of the
Armed Forces and veterans.
(3) Elements.--In conducting the review, the Secretary of
Defense and the Secretary of Veterans Affairs shall--
(A) identify among the policies and procedures described in
paragraph (1) best practices in approaches to the care and
management of recovering service members;
(B) identify among such policies and procedures existing
and potential shortfalls in the care and management of
recovering service members (including care and management of
recovering service members on the temporary disability
retired list), and determine means of addressing any
shortfalls so identified;
(C) determine potential modifications of such policies and
procedures in order to ensure consistency and uniformity,
where appropriate, in the application of such policies and
procedures--
(i) among the military departments;
(ii) among the Veterans Integrated Services Networks
(VISNs) of the Department of Veterans Affairs; and
(iii) between the military departments and the Veterans
Integrated Services Networks; and
(D) develop recommendations for legislative and
administrative action necessary to implement the results of
the review.
(4) Deadline for completion.--The review shall be completed
not later than 90 days after the date of the enactment of
this Act.
(c) Consideration of Existing Findings, Recommendations,
and Practices.--In developing the policy required by
subsection (a), the Secretary of Defense and the Secretary of
Veterans Affairs shall take into account the following:
(1) The findings and recommendations of applicable studies,
reviews, reports, and evaluations that address matters
relating to the policy, including, but not limited, to the
following:
(A) The Independent Review Group on Rehabilitative Care and
Administrative Processes at Walter Reed Army Medical Center
and National Naval Medical Center, appointed by the Secretary
of Defense.
(B) The Secretary of Veterans Affairs Task Force on
Returning Global War on Terror Heroes, appointed by the
President.
(C) The President's Commission on Care for America's
Returning Wounded Warriors.
(D) The Veterans' Disability Benefits Commission
established by title XV of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1676;
38 U.S.C. 1101 note).
(E) The President's Task Force to Improve Health Care
Delivery for Our Nation's Veterans, of March 2003.
(F) The Report of the Congressional Commission on
Servicemembers and Veterans Transition Assistance, of 1999,
chaired by Anthony J. Principi.
(G) The President's Commission on Veterans' Pensions, of
1956, chaired by General Omar N. Bradley.
(2) The experience and best practices of the Department of
Defense and the military departments on matters relating to
the policy.
(3) The experience and best practices of the Department of
Veterans Affairs on matters relating to the policy.
(4) Such other matters as the Secretary of Defense and the
Secretary of Veterans Affairs consider appropriate.
(d) Training and Skills of Health Care Professionals,
Recovery Care Coordinators, Medical Care Case Managers, and
Non-Medical Care Managers for Recovering Service Members.--
(1) In general.--The policy required by subsection (a)
shall provide for uniform standards among the military
departments for the training and skills of health care
professionals, recovery care coordinators, medical care case
managers, and non-medical care managers for recovering
service members under subsection (e) in order to ensure that
such personnel are able to--
(A) detect early warning signs of post-traumatic stress
disorder (PTSD), suicidal or homicidal thoughts or behaviors,
and other behavioral health concerns among recovering service
members; and
(B) promptly notify appropriate health care professionals
following detection of such signs.
(2) Tracking of notifications.--In providing for uniform
standards under paragraph (1), the policy shall include a
mechanism or system to track the number of notifications made
by recovery care coordinators, medical care case managers,
and non-medical care managers to health care professionals
under paragraph (1)(A) regarding early warning signs of post-
traumatic stress disorder and suicide in recovering service
members.
(e) Services for Recovering Service Members.--The policy
required by subsection (a) shall provide for improvements as
follows with respect to the care, management, and transition
of recovering service members:
(1) Comprehensive recovery plan for recovering service
members.--The policy shall provide for uniform standards and
procedures for the development of a comprehensive recovery
plan for each recovering service member that covers the full
spectrum of care, management, transition, and rehabilitation
of the service member during recovery.
(2) Recovery care coordinators for recovering service
members.--
(A) In general.--The policy shall provide for a uniform
program for the assignment to recovering service members of
recovery care coordinators having the duties specified in
subparagraph (B).
(B) Duties.--The duties under the program of a recovery
care coordinator for a recovering service member shall
include, but not be limited to, overseeing and assisting the
service member in the service member's course through the
entire spectrum of care, management, transition, and
rehabilitation services available from the Federal
Government, including services provided by the Department of
Defense, the Department of Veterans Affairs, the Department
of Labor, and the Social Security Administration.
(C) Limitation on number of service members managed by
coordinators.--The maximum number of recovering service
members whose cases may be assigned to a recovery care
coordinator under the program at any one time shall be such
number as the policy shall specify, except that the Secretary
of the military department concerned may waive such
limitation with respect to a given coordinator for not more
than 120 days in the event of unforeseen circumstances (as
specified in the policy).
(D) Training.--The policy shall specify standard training
requirements and curricula for recovery care coordinators
under the program, including a requirement for successful
completion of the training program before a person may assume
the duties of such a coordinator.
(E) Resources.--The policy shall include mechanisms to
ensure that recovery care coordinators under the program have
the resources necessary to expeditiously carry out the duties
of such coordinators under the program.
(F) Supervision.--The policy shall specify requirements for
the appropriate rank or grade, and appropriate occupation,
for persons appointed to head and supervise recovery care
coordinators.
(3) Medical care case managers for recovering service
members.--
(A) In general.--The policy shall provide for a uniform
program among the military departments for the assignment to
recovering service members of medical care case managers
having the duties specified in subparagraph (B).
(B) Duties.--The duties under the program of a medical care
case manager for a recovering service member (or the service
member's immediate family or other designee if the service
member is incapable of making judgments about personal
medical care) shall include, at a minimum, the following:
(i) Assisting in understanding the service member's medical
status during the care, recovery, and transition of the
service member.
(ii) Assisting in the receipt by the service member of
prescribed medical care during the care, recovery, and
transition of the service member.
(iii) Conducting a periodic review of the medical status of
the service member, which review shall be conducted, to the
extent practicable, in person with the service member, or,
whenever the conduct of the review in person is not
practicable, with the medical care case manager submitting to
the manager's supervisor a written explanation why the review
in person was not practicable (if the Secretary of the
military department concerned elects to require such written
explanations for purposes of the program).
(C) Limitation on number of service members managed by
managers.--The maximum number of recovering service members
whose cases may be assigned to a medical care case manager
under the program at any one time shall be such number as the
policy shall specify, except that the Secretary of the
military department concerned may waive such limitation with
respect to a given manager for not more than 120 days in the
event of unforeseen circumstances (as specified in the
policy).
(D) Training.--The policy shall specify standard training
requirements and curricula for medical care case managers
under the program, including a requirement for successful
completion of the training program before a person may assume
the duties of such a manager.
(E) Resources.--The policy shall include mechanisms to
ensure that medical care case managers under the program have
the resources necessary to expeditiously carry out the duties
of such managers under the program.
(F) Supervision at armed forces medical facilities.--The
policy shall specify requirements for the appropriate rank or
grade, and appropriate occupation, for persons appointed to
head and supervise the medical care case managers at each
medical facility of the Armed Forces. Persons so appointed
may be appointed from the Army Medical Corps, Army Medical
Service Corps, Army Nurse Corps, Navy Medical Corps, Navy
Medical Service Corps, Navy Nurse Corps, Air Force Medical
Service, or other corps or civilian health care professional,
as applicable, at the discretion of the Secretary of Defense.
(4) Non-medical care managers for recovering service
members.--
(A) In general.--The policy shall provide for a uniform
program among the military departments for the assignment to
recovering service members of non-medical care

[[Page H205]]

managers having the duties specified in subparagraph (B).
(B) Duties.--The duties under the program of a non-medical
care manager for a recovering service member shall include,
at a minimum, the following:
(i) Communicating with the service member and with the
service member's family or other individuals designated by
the service member regarding non-medical matters that arise
during the care, recovery, and transition of the service
member.
(ii) Assisting with oversight of the service member's
welfare and quality of life.
(iii) Assisting the service member in resolving problems
involving financial, administrative, personnel, transitional,
and other matters that arise during the care, recovery, and
transition of the service member.
(C) Duration of duties.--The policy shall provide that a
non-medical care manager shall perform duties under the
program for a recovering service member until the service
member is returned to active duty or retired or separated
from the Armed Forces.
(D) Limitation on number of service members managed by
managers.--The maximum number of recovering service members
whose cases may be assigned to a non-medical care manager
under the program at any one time shall be such number as the
policy shall specify, except that the Secretary of the
military department concerned may waive such limitation with
respect to a given manager for not more than 120 days in the
event of unforeseen circumstances (as specified in the
policy).
(E) Training.--The policy shall specify standard training
requirements and curricula among the military departments for
non-medical care managers under the program, including a
requirement for successful completion of the training program
before a person may assume the duties of such a manager.
(F) Resources.--The policy shall include mechanisms to
ensure that non-medical care managers under the program have
the resources necessary to expeditiously carry out the duties
of such managers under the program.
(G) Supervision at armed forces medical facilities.--The
policy shall specify requirements for the appropriate rank
and occupational speciality for persons appointed to head and
supervise the non-medical care managers at each medical
facility of the Armed Forces.
(5) Access of recovering service members to non-urgent
health care from the department of defense or other providers
under tricare.--
(A) In general.--The policy shall provide for appropriate
minimum standards for access of recovering service members to
non-urgent medical care and other health care services as
follows:
(i) In medical facilities of the Department of Defense.
(ii) Through the TRICARE program.
(B) Maximum waiting times for certain care.--The standards
for access under subparagraph (A) shall include such
standards on maximum waiting times of recovering service
members as the policy shall specify for care that includes,
but is not limited to, the following:
(i) Follow-up care.
(ii) Specialty care.
(iii) Diagnostic referrals and studies.
(iv) Surgery based on a physician's determination of
medical necessity.
(C) Waiver by recovering service members.--The policy shall
permit any recovering service member to waive a standard for
access under this paragraph under such circumstances and
conditions as the policy shall specify.
(6) Assignment of recovering service members to locations
of care.--
(A) In general.--The policy shall provide for uniform
guidelines among the military departments for the assignment
of recovering service members to a location of care,
including guidelines that provide for the assignment of
recovering service members, when medically appropriate, to
care and residential facilities closest to their duty station
or home of record or the location of their designated care
giver at the earliest possible time.
(B) Reassignment from deficient facilities.--The policy
shall provide for uniform guidelines and procedures among the
military departments for the reassignment of recovering
service members from a medical or medical-related support
facility determined by the Secretary of Defense to violate
the standards required by section 1648 to another appropriate
medical or medical-related support facility until the
correction of violations of such standards at the medical or
medical-related support facility from which such service
members are reassigned.
(7) Transportation and subsistence for recovering service
members.--The policy shall provide for uniform standards
among the military departments on the availability of
appropriate transportation and subsistence for recovering
service members to facilitate their obtaining needed medical
care and services.
(8) Work and duty assignments for recovering service
members.--The policy shall provide for uniform criteria among
the military departments for the assignment of recovering
service members to work and duty assignments that are
compatible with their medical conditions.
(9) Access of recovering service members to educational and
vocational training and rehabilitation.--The policy shall
provide for uniform standards among the military departments
on the provision of educational and vocational training and
rehabilitation opportunities for recovering service members
at the earliest possible point in their recovery.
(10) Tracking of recovering service members.--The policy
shall provide for uniform procedures among the military
departments on tracking recovering service members to
facilitate--
(A) locating each recovering service member; and
(B) tracking medical care appointments of recovering
service members to ensure timeliness and compliance of
recovering service members with appointments, and other
physical and evaluation timelines, and to provide any other
information needed to conduct oversight of the care,
management, and transition of recovering service members.
(11) Referrals of recovering service members to other care
and services providers.--The policy shall provide for uniform
policies, procedures, and criteria among the military
departments on the referral of recovering service members to
the Department of Veterans Affairs and other private and
public entities (including universities and rehabilitation
hospitals, centers, and clinics) in order to secure the most
appropriate care for recovering service members, which
policies, procedures, and criteria shall take into account,
but not be limited to, the medical needs of recovering
service members and the geographic location of available
necessary recovery care services.
(f) Services for Families of Recovering Service Members.--
The policy required by subsection (a) shall provide for
improvements as follows with respect to services for families
of recovering service members:
(1) Support for family members of recovering service
members.--The policy shall provide for uniform guidelines
among the military departments on the provision by the
military departments of support for family members of
recovering service members who are not otherwise eligible for
care under section 1672 in caring for such service members
during their recovery.
(2) Advice and training for family members of recovering
service members.--The policy shall provide for uniform
requirements and standards among the military departments on
the provision by the military departments of advice and
training, as appropriate, to family members of recovering
service members with respect to care for such service members
during their recovery.
(3) Measurement of satisfaction of family members of
recovering service members with quality of health care
services.--The policy shall provide for uniform procedures
among the military departments on the measurement of the
satisfaction of family members of recovering service members
with the quality of health care services provided to such
service members during their recovery.
(4) Job placement services for family members of recovering
service members.--The policy shall provide for procedures for
application by eligible family members during a one-year
period for job placement services otherwise offered by the
Department of Defense.
(g) Outreach to Recovering Service Members and Their
Families on Comprehensive Policy.--The policy required by
subsection (a) shall include procedures and mechanisms to
ensure that recovering service members and their families are
fully informed of the policies required by this section,
including policies on medical care for recovering service
members, on the management and transition of recovering
service members, and on the responsibilities of recovering
service members and their family members throughout the
continuum of care and services for recovering service members
under this section.
(h) Applicability of Comprehensive Policy to Recovering
Service Members on Temporary Disability Retired List.--
Appropriate elements of the policy required by this section
shall apply to recovering service members whose names are
placed on the temporary disability retired list in such
manner, and subject to such terms and conditions, as the
Secretary of Defense shall prescribe in regulations for
purposes of this subsection.

SEC. 1612. MEDICAL EVALUATIONS AND PHYSICAL DISABILITY
EVALUATIONS OF RECOVERING SERVICE MEMBERS.

(a) Medical Evaluations of Recovering Service Members.--
(1) In general.--Not later than July 1, 2008, the Secretary
of Defense shall develop a policy on improvements to the
processes, procedures, and standards for the conduct by the
military departments of medical evaluations of recovering
service members.
(2) Elements.--The policy on improvements to processes,
procedures, and standards required under this subsection
shall include and address the following:
(A) Processes for medical evaluations of recovering service
members that--
(i) apply uniformly throughout the military departments;
and
(ii) apply uniformly with respect to recovering service
members who are members of the regular components of the
Armed Forces and recovering service members who are members
of the National Guard and Reserve.
(B) Standard criteria and definitions for determining the
achievement for recovering service members of the maximum
medical benefit from treatment and rehabilitation.
(C) Standard timelines for each of the following:

[[Page H206]]

(i) Determinations of fitness for duty of recovering
service members.
(ii) Specialty care consultations for recovering service
members.
(iii) Preparation of medical documents for recovering
service members.
(iv) Appeals by recovering service members of medical
evaluation determinations, including determinations of
fitness for duty.
(D) Procedures for ensuring that--
(i) upon request of a recovering service member being
considered by a medical evaluation board, a physician or
other appropriate health care professional who is independent
of the medical evaluation board is assigned to the service
member; and
(ii) the physician or other health care professional
assigned to a recovering service member under clause (i)--

(I) serves as an independent source for review of the
findings and recommendations of the medical evaluation board;
(II) provides the service member with advice and counsel
regarding the findings and recommendations of the medical
evaluation board; and
(III) advises the service member on whether the findings of
the medical evaluation board adequately reflect the complete
spectrum of injuries and illness of the service member.

(E) Standards for qualifications and training of medical
evaluation board personnel, including physicians, case
workers, and physical disability evaluation board liaison
officers, in conducting medical evaluations of recovering
service members.
(F) Standards for the maximum number of medical evaluation
cases of recovering service members that are pending before a
medical evaluation board at any one time, and requirements
for the establishment of additional medical evaluation boards
in the event such number is exceeded.
(G) Standards for information for recovering service
members, and their families, on the medical evaluation board
process and the rights and responsibilities of recovering
service members under that process, including a standard
handbook on such information (which handbook shall also be
available electronically).
(b) Physical Disability Evaluations of Recovering Service
Members.--
(1) In general.--Not later than July 1, 2008, the Secretary
of Defense and the Secretary of Veterans Affairs shall
develop a policy on improvements to the processes,
procedures, and standards for the conduct of physical
disability evaluations of recovering service members by the
military departments and by the Department of Veterans
Affairs.
(2) Elements.--The policy on improvements to processes,
procedures, and standards required under this subsection
shall include and address the following:
(A) A clearly-defined process of the Department of Defense
and the Department of Veterans Affairs for disability
determinations of recovering service members.
(B) To the extent feasible, procedures to eliminate
unacceptable discrepancies and improve consistency among
disability ratings assigned by the military departments and
the Department of Veterans Affairs, particularly in the
disability evaluation of recovering service members, which
procedures shall be subject to the following requirements and
limitations:
(i) Such procedures shall apply uniformly with respect to
recovering service members who are members of the regular
components of the Armed Forces and recovering service members
who are members of the National Guard and Reserve.
(ii) Under such procedures, each Secretary of a military
department shall, to the extent feasible, utilize the
standard schedule for rating disabilities in use by the
Department of Veterans Affairs, including any applicable
interpretation of such schedule by the United States Court of
Appeals for Veterans Claims, in making any determination of
disability of a recovering service member, except as
otherwise authorized by section 1216a of title 10, United
States Code (as added by section 1642 of this Act).
(C) Uniform timelines among the military departments for
appeals of determinations of disability of recovering service
members, including timelines for presentation, consideration,
and disposition of appeals.
(D) Uniform standards among the military departments for
qualifications and training of physical disability evaluation
board personnel, including physical evaluation board liaison
personnel, in conducting physical disability evaluations of
recovering service members.
(E) Uniform standards among the military departments for
the maximum number of physical disability evaluation cases of
recovering service members that are pending before a physical
disability evaluation board at any one time, and requirements
for the establishment of additional physical disability
evaluation boards in the event such number is exceeded.
(F) Uniform standards and procedures among the military
departments for the provision of legal counsel to recovering
service members while undergoing evaluation by a physical
disability evaluation board.
(G) Uniform standards among the military departments on the
roles and responsibilities of non-medical care managers under
section 1611(e)(4) and judge advocates assigned to recovering
service members undergoing evaluation by a physical
disability board, and uniform standards on the maximum number
of cases involving such service members that are to be
assigned to judge advocates at any one time.
(c) Assessment of Consolidation of Department of Defense
and Department of Veterans Affairs Disability Evaluation
Systems.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly submit to the appropriate
committees of Congress a report on the feasability and
advisability of consolidating the disability evaluation
systems of the military departments and the disability
evaluation system of the Department of Veterans Affairs into
a single disability evaluation system. The report shall be
submitted together with the report required by section
1611(a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the feasability and advisability of
consolidating the disability evaluation systems described in
paragraph (1) as specified in that paragraph.
(B) If the consolidation of the systems is considered
feasible and advisable--
(i) recommendations for various options for consolidating
the systems as specified in paragraph (1); and
(ii) recommendations for mechanisms to evaluate and assess
any progress made in consolidating the systems as specified
in that paragraph.

SEC. 1613. RETURN OF RECOVERING SERVICE MEMBERS TO ACTIVE
DUTY IN THE ARMED FORCES.

The Secretary of Defense shall establish standards for
determinations by the military departments on the return of
recovering service members to active duty in the Armed
Forces.

SEC. 1614. TRANSITION OF RECOVERING SERVICE MEMBERS FROM CARE
AND TREATMENT THROUGH THE DEPARTMENT OF DEFENSE
TO CARE, TREATMENT, AND REHABILITATION THROUGH
THE DEPARTMENT OF VETERANS AFFAIRS.

(a) In General.--Not later than July 1, 2008, the Secretary
of Defense and the Secretary of Veterans Affairs shall
jointly develop and implement processes, procedures, and
standards for the transition of recovering service members
from care and treatment through the Department of Defense to
care, treatment, and rehabilitation through the Department of
Veterans Affairs.
(b) Elements.--The processes, procedures, and standards
required under this section shall include the following:
(1) Uniform, patient-focused procedures to ensure that the
transition described in subsection (a) occurs without gaps in
medical care and in the quality of medical care, benefits,
and services.
(2) Procedures for the identification and tracking of
recovering service members during the transition, and for the
coordination of care and treatment of recovering service
members during the transition, including a system of
cooperative case management of recovering service members by
the Department of Defense and the Department of Veterans
Affairs during the transition.
(3) Procedures for the notification of Department of
Veterans Affairs liaison personnel of the commencement by
recovering service members of the medical evaluation process
and the physical disability evaluation process.
(4) Procedures and timelines for the enrollment of
recovering service members in applicable enrollment or
application systems of the Department of Veterans Affairs
with respect to health care, disability, education,
vocational rehabilitation, or other benefits.
(5) Procedures to ensure the access of recovering service
members during the transition to vocational, educational, and
rehabilitation benefits available through the Department of
Veterans Affairs.
(6) Standards for the optimal location of Department of
Defense and Department of Veterans Affairs liaison and case
management personnel at military medical treatment
facilities, medical centers, and other medical facilities of
the Department of Defense.
(7) Standards and procedures for integrated medical care
and management of recovering service members during the
transition, including procedures for the assignment of
medical personnel of the Department of Veterans Affairs to
Department of Defense facilities to participate in the needs
assessments of recovering service members before, during, and
after their separation from military service.
(8) Standards for the preparation of detailed plans for the
transition of recovering service members from care and
treatment by the Department of Defense to care, treatment,
and rehabilitation by the Department of Veterans Affairs,
which plans shall--
(A) be based on standardized elements with respect to care
and treatment requirements and other applicable requirements;
and
(B) take into account the comprehensive recovery plan for
the recovering service member concerned as developed under
section 1611(e)(1).
(9) Procedures to ensure that each recovering service
member who is being retired or separated under chapter 61 of
title 10, United States Code, receives a written transition
plan, prior to the time of retirement or separation, that--
(A) specifies the recommended schedule and milestones for
the transition of the service member from military service;

[[Page H207]]

(B) provides for a coordinated transition of the service
member from the Department of Defense disability evaluation
system to the Department of Veterans Affairs disability
system; and
(C) includes information and guidance designed to assist
the service member in understanding and meeting the schedule
and milestones specified under subparagraph (A) for the
service member's transition.
(10) Procedures for the transmittal from the Department of
Defense to the Department of Veterans Affairs of records and
any other required information on each recovering service
member described in paragraph (9), which procedures shall
provide for the transmission from the Department of Defense
to the Department of Veterans Affairs of records and
information on the service member as follows:
(A) The address and contact information of the service
member.
(B) The DD-214 discharge form of the service member, which
shall be transmitted under such procedures electronically.
(C) A copy of the military service record of the service
member, including medical records and any results of a
physical evaluation board.
(D) Information on whether the service member is entitled
to transitional health care, a conversion health policy, or
other health benefits through the Department of Defense under
section 1145 of title 10, United States Code.
(E) A copy of any request of the service member for
assistance in enrolling in, or completed applications for
enrollment in, the health care system of the Department of
Veterans Affairs for health care benefits for which the
service member may be eligible under laws administered by the
Secretary of Veterans Affairs.
(F) A copy of any request by the service member for
assistance in applying for, or completed applications for,
compensation and vocational rehabilitation benefits to which
the service member may be entitled under laws administered by
the Secretary of Veterans Affairs.
(11) A process to ensure that, before transmittal of
medical records of a recovering service member to the
Department of Veterans Affairs, the Secretary of Defense
ensures that the service member (or an individual legally
recognized to make medical decisions on behalf of the service
member) authorizes the transfer of the medical records of the
service member from the Department of Defense to the
Department of Veterans Affairs pursuant to the Health
Insurance Portability and Accountability Act of 1996.
(12) Procedures to ensure that, with the consent of the
recovering service member concerned, the address and contact
information of the service member is transmitted to the
department or agency for veterans affairs of the State in
which the service member intends to reside after the
retirement or separation of the service member from the Armed
Forces.
(13) Procedures to ensure that, before the transmittal of
records and other information with respect to a recovering
service member under this section, a meeting regarding the
transmittal of such records and other information occurs
among the service member, appropriate family members of the
service member, representatives of the Secretary of the
military department concerned, and representatives of the
Secretary of Veterans Affairs, with at least 30 days advance
notice of the meeting being given to the service member
unless the service member waives the advance notice
requirement in order to accelerate transmission of the
service member's records and other information to the
Department of Veterans Affairs.
(14) Procedures to ensure that the Secretary of Veterans
Affairs gives appropriate consideration to a written
statement submitted to the Secretary by a recovering service
member regarding the transition.
(15) Procedures to provide access for the Department of
Veterans Affairs to the military health records of recovering
service members who are receiving care and treatment, or are
anticipating receipt of care and treatment, in Department of
Veterans Affairs health care facilities, which procedures
shall be consistent with the procedures and requirements in
paragraphs (11) and (13).
(16) A process for the utilization of a joint separation
and evaluation physical examination that meets the
requirements of both the Department of Defense and the
Department of Veterans Affairs in connection with the medical
separation or retirement of a recovering service member from
military service and for use by the Department of Veterans
Affairs in disability evaluations.
(17) Procedures for surveys and other mechanisms to measure
patient and family satisfaction with the provision by the
Department of Defense and the Department of Veterans Affairs
of care and services for recovering service members, and to
facilitate appropriate oversight by supervisory personnel of
the provision of such care and services.
(18) Procedures to ensure the participation of recovering
service members who are members of the National Guard or
Reserve in the Benefits Delivery at Discharge Program,
including procedures to ensure that, to the maximum extent
feasible, services under the Benefits Delivery at Discharge
Program are provided to recovering service members at--
(A) appropriate military installations;
(B) appropriate armories and military family support
centers of the National Guard;
(C) appropriate military medical care facilities at which
members of the Armed Forces are separated or discharged from
the Armed Forces; and
(D) in the case of a member on the temporary disability
retired list under section 1202 or 1205 of title 10, United
States Code, who is being retired under another provision of
such title or is being discharged, at a location reasonably
convenient to the member.

SEC. 1615. REPORTS.

(a) Report on Policy.--Upon the development of the policy
required by subsection (a) of section 1611 but not later than
July 1, 2008, the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to the appropriate
committees of Congress a report on the policy, including a
comprehensive and detailed description of the policy and of
the manner in which the policy addresses the detailed
elements of the policy specified in subsections (d) through
(h) of section 1611, and the findings and recommendations of
the reviews under subsections (b) and (c) of section 1611.
(b) Interim Report on Policy.--Not later than February 1,
2008, the Secretary of Defense and the Secretary of Veterans
Affairs shall jointly submit to the appropriate committees of
Congress an interim report on the policy, which shall include
a comprehensive and detailed description of the matters
specified in subsection (a) current as of the date of such
interim report.
(c) Report on Update of Policy.--Upon updating the policy
under section 1611(a)(4), the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to the
appropriate committees of Congress a report on the update of
the policy, including a comprehensive and detailed
description of such update and of the reasons for such
update.
(d) Comptroller General Assessment of Implementation of
Policy.--
(1) In general.--Not later than six months after the date
of the enactment of this Act and every year thereafter
through 2010, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a
report setting forth the assessment of the Comptroller
General of the progress of the Secretary of Defense and the
Secretary of Veterans Affairs in developing and implementing
the policy required by section 1611(a). Each report shall
include a certification by the Comptroller General as to
whether the Comptroller General has had timely access to
sufficient information to enable the Comptroller General to
make informed judgments on the matters covered by the report.
(2) Access information.--The Secretary of Defense and the
Secretary of Veterans Affairs shall facilitate the ability of
the Comptroller General to conduct any review required for a
report under this subsection within the time period required
for such report, including prompt and complete access to such
information as the Comptroller General considers necessary to
perform such review.
(e) Report on Reduction in Disability Ratings by the
Department of Defense.--Not later than February 1, 2009, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
on the number of instances during the period beginning on
October 7, 2001, and ending on September 30, 2006, in which a
disability rating assigned to a member of the Armed Forces by
an informal physical evaluation board of the Department of
Defense was reduced upon appeal, and the reasons for such
reduction.

SEC. 1616. ESTABLISHMENT OF A WOUNDED WARRIOR RESOURCE
CENTER.

(a) Establishment.--The Secretary of Defense shall
establish a wounded warrior resource center (in this section
referred to as the ``center'') to provide wounded warriors,
their families, and their primary caregivers with a single
point of contact for assistance with reporting deficiencies
in covered military facilities, obtaining health care
services, receiving benefits information, and any other
difficulties encountered while supporting wounded warriors.
The Secretary shall widely disseminate information regarding
the existence and availability of the center, including
contact information, to members of the Armed Forces and their
dependents. In carrying out this subsection, the Secretary
may use existing infrastructure and organizations but shall
ensure that the center has the ability to separately keep
track of calls from wounded warriors.
(b) Access.--The center shall provide multiple methods of
access, including at a minimum an Internet website and a
toll-free telephone number (commonly referred to as a ``hot
line'') at which personnel are accessible at all times to
receive reports of deficiencies or provide information about
covered military facilities, health care services, or
military benefits.
(c) Confidentiality.--
(1) Notification.--Individuals who seek to provide
information through the center under subsection (a) shall be
notified, immediately before they provide such information,
of their option to elect, at their discretion, to have their
identity remain confidential.
(2) Prohibition on further disclosure.--In the case of
information provided through use of the toll-free telephone
number by an individual who elects to maintain the
confidentiality of his or her identity, any individual who,
by necessity, has had access to such information for purposes
of investigating or responding to the call as required

[[Page H208]]

under subsection (d) may not disclose the identity of the
individual who provided the information.
(d) Functions.--The center shall perform the following
functions:
(1) Call tracking.--The center shall be responsible for
documenting receipt of a call, referring the call to the
appropriate office within a military department for answer or
investigation, and tracking the formulation and notification
of the response to the call.
(2) Investigation and response.--The center shall be
responsible for ensuring that, not later than 96 hours after
a call--
(A) if a report of deficiencies is received in a call--
(i) any deficiencies referred to in the call are
investigated;
(ii) if substantiated, a plan of action for remediation of
the deficiencies is developed and implemented; and
(iii) if requested, the individual who made the report is
notified of the current status of the report; or
(B) if a request for information is received in a call--
(i) the information requested by the caller is provided by
the center;
(ii) all requests for information from the call are
referred to the appropriate office or offices of a military
department for response; and
(iii) the individual who made the report is notified, at a
minimum, of the current status of the query.
(3) Final notification.--The center shall be responsible
for ensuring that, if requested, the caller is notified when
the deficiency has been corrected or when the request for
information has been fulfilled to the maximum extent
practicable, as determined by the Secretary.
(e) Definitions.--In this section:
(1) Covered military facility.--The term ``covered military
facility'' has the meaning provided in section 1648(b) of
this Act.
(2) Call.--The term ``call'' means any query or report that
is received by the center by means of the toll-free telephone
number or other source.
(f) Effective Dates.--
(1) Toll-free telephone number.--The toll-free telephone
number required to be established by subsection (a), shall be
fully operational not later than April 1, 2008.
(2) Internet website.--The Internet website required to be
established by subsection (a), shall be fully operational not
later than July 1, 2008.

SEC. 1617. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF
COMBAT WOUNDED SERVICE MEMBERS.

(a) Notification Required.--
(1) In general.--Chapter 55 of title 10, United States
Code, is further amended by inserting after section 1074k the
following new section:

``Sec. 1074l. Notification to Congress of hospitalization of
combat wounded members

``(a) Notification Required.--The Secretary concerned shall
provide notification of the hospitalization of any member of
the armed forces evacuated from a theater of combat and
admitted to a military treatment facility within the United
States to the appropriate Members of Congress.
``(b) Appropriate Members.--In this section, the term
`appropriate Members of Congress', with respect to the member
of the armed forces about whom notification is being made,
means the Senators representing the State, and the Member,
Delegate, or Resident Commissioner of the House of
Representatives representing the district, that includes the
member's home of record or a different location as provided
by the member.
``(c) Consent of Member Required.--The notification under
subsection (a) may be provided only with the consent of the
member of the armed forces about whom notification is to be
made. In the case of a member who is unable to provide
consent, information and consent may be provided by next of
kin.''.
(2) Effective date.--The notification requirement under
section 1074l(a) of title 10, United States Code, as added by
paragraph (1), shall apply beginning 60 days after the date
of the enactment of this Act.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``1074l. Notification to Congress of hospitalization of combat wounded
members.''.

SEC. 1618. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF,
AND RESEARCH ON, TRAUMATIC BRAIN INJURY, POST-
TRAUMATIC STRESS DISORDER, AND OTHER MENTAL
HEALTH CONDITIONS IN MEMBERS OF THE ARMED
FORCES.

(a) Comprehensive Statement of Policy.--The Secretary of
Defense and the Secretary of Veterans Affairs shall direct
joint planning among the Department of Defense, the military
departments, and the Department of Veterans Affairs for the
prevention, diagnosis, mitigation, treatment, and
rehabilitation of, and research on, traumatic brain injury,
post-traumatic stress disorder, and other mental health
conditions in members of the Armed Forces, including planning
for the seamless transition of such members from care through
the Department of Defense to care through the Department of
Veterans Affairs.
(b) Comprehensive Plan Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall, in consultation with the Secretary of Veterans
Affairs, submit to the congressional defense committees a
comprehensive plan for programs and activities of the
Department of Defense to prevent, diagnose, mitigate, treat,
research, and otherwise respond to traumatic brain injury,
post-traumatic stress disorder, and other mental health
conditions in members of the Armed Forces, including--
(1) an assessment of the current capabilities of the
Department for the prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on, traumatic
brain injury, post-traumatic stress disorder, and other
mental health conditions in members of the Armed Forces;
(2) the identification of gaps in current capabilities of
the Department for the prevention, diagnosis, mitigation,
treatment, and rehabilitation of, and research on, traumatic
brain injury, post-traumatic stress disorder, and other
mental health conditions in members of the Armed Forces; and
(3) the identification of the resources required for the
Department in fiscal years 2009 through 2013 to address the
gaps in capabilities identified under paragraph (2).
(c) Program Required.--One of the programs contained in the
comprehensive plan submitted under subsection (b) shall be a
Department of Defense program, developed in collaboration
with the Department of Veterans Affairs, under which each
member of the Armed Forces who incurs a traumatic brain
injury or post-traumatic stress disorder during service in
the Armed Forces--
(1) is enrolled in the program; and
(2) receives treatment and rehabilitation meeting a
standard of care such that each individual who qualifies for
care under the program shall--
(A) be provided the highest quality, evidence-based care in
facilities that most appropriately meet the specific needs of
the individual; and
(B) be rehabilitated to the fullest extent possible using
up-to-date evidence-based medical technology, and physical
and medical rehabilitation practices and expertise.
(d) Provision of Information Required.--The comprehensive
plan submitted under subsection (b) shall require the
provision of information by the Secretary of Defense to
members of the Armed Forces with traumatic brain injury,
post-traumatic stress disorder, or other mental health
conditions and their families about their options with
respect to the following:
(1) The receipt of medical and mental health care from the
Department of Defense and the Department of Veterans Affairs.
(2) Additional options available to such members for
treatment and rehabilitation of traumatic brain injury, post-
traumatic stress disorder, and other mental health
conditions.
(3) The options available, including obtaining a second
opinion, to such members for a referral to an authorized
provider under chapter 55 of title 10, United States Code, as
determined under regulations prescribed by the Secretary of
Defense.
(e) Additional Elements of Plan.--The comprehensive plan
submitted under subsection (b) shall include comprehensive
proposals of the Department on the following:
(1) Lead agent.--The designation by the Secretary of
Defense of a lead agent or executive agent for the Department
to coordinate development and implementation of the plan.
(2) Detection and treatment.--The improvement of methods
and mechanisms for the detection and treatment of traumatic
brain injury, post-traumatic stress disorder, and other
mental health conditions in members of the Armed Forces in
the field.
(3) Reduction of ptsd.--The development of a plan for
reducing post traumatic-stress disorder, incorporating
evidence-based preventive and early-intervention measures,
practices, or procedures that reduce the likelihood that
personnel in combat will develop post-traumatic stress
disorder or other stress-related conditions (including
substance abuse conditions) into--
(A) basic and pre-deployment training for enlisted members
of the Armed Forces, noncommissioned officers, and officers;
(B) combat theater operations; and
(C) post-deployment service.
(4) Research.--Requirements for research on traumatic brain
injury, post-traumatic stress disorder, and other mental
health conditions including (in particular) research on
pharmacological and other approaches to treatment for
traumatic brain injury, post-traumatic stress disorder, or
other mental health conditions, as applicable, and the
allocation of priorities among such research.
(5) Diagnostic criteria.--The development, adoption, and
deployment of joint Department of Defense-Department of
Veterans Affairs evidence-based diagnostic criteria for the
detection and evaluation of the range of traumatic brain
injury, post-traumatic stress disorder, and other mental
health conditions in members of the Armed Forces, which
criteria shall be employed uniformly across the military
departments in all applicable circumstances, including
provision of clinical care and assessment of future
deployability of members of the Armed Forces.
(6) Assessment.--The development and deployment of
evidence-based means of assessing traumatic brain injury,
post-traumatic stress disorder, and other mental health
conditions in members of the Armed Forces, including a system
of pre-deployment and post-deployment screenings of cognitive

[[Page H209]]

ability in members for the detection of cognitive impairment.
(7) Managing and monitoring.--The development and
deployment of effective means of managing and monitoring
members of the Armed Forces with traumatic brain injury,
post-traumatic stress disorder, or other mental health
conditions in the receipt of care for traumatic brain injury,
post-traumatic stress disorder, or other mental health
conditions, as applicable, including the monitoring and
assessment of treatment and outcomes.
(8) Education and awareness.--The development and
deployment of an education and awareness training initiative
designed to reduce the negative stigma associated with
traumatic brain injury, post-traumatic stress disorder, and
other mental health conditions, and mental health treatment.
(9) Education and outreach.--The provision of education and
outreach to families of members of the Armed Forces with
traumatic brain injury, post-traumatic stress disorder, or
other mental health conditions on a range of matters relating
to traumatic brain injury, post-traumatic stress disorder, or
other mental health conditions, as applicable, including
detection, mitigation, and treatment.
(10) Recording of blasts.--A requirement that exposure to a
blast or blasts be recorded in the records of members of the
Armed Forces.
(11) Guidelines for blast injuries.--The development of
clinical practice guidelines for the diagnosis and treatment
of blast injuries in members of the Armed Forces, including,
but not limited to, traumatic brain injury.
(12) Gender- and ethnic group-specific services and
treatment.--The development of requirements, as appropriate,
for gender- and ethnic group-specific medical care services
and treatment for members of the Armed Forces who experience
mental health problems and conditions, including post-
traumatic stress disorder, with specific regard to the
availability of, access to, and research and development
requirements of such needs.
(f) Coordination in Development.--The comprehensive plan
submitted under subsection (b) shall be developed in
coordination with the Secretary of the Army (who was
designated by the Secretary of Defense as executive agent for
the prevention, mitigation, and treatment of blast injuries
under section 256 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3181; 10
U.S.C. 1071 note)).

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

SEC. 1621. CENTER OF EXCELLENCE IN THE PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF
TRAUMATIC BRAIN INJURY.

(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in
the prevention, diagnosis, mitigation, treatment, and
rehabilitation of traumatic brain injury, including mild,
moderate, and severe traumatic brain injury, to carry out the
responsibilities specified in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the
Center collaborates to the maximum extent practicable with
the Department of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--The Center shall have
responsibilities as follows:
(1) To implement the comprehensive plan and strategy for
the Department of Defense, required by section 1618 of this
Act, for the prevention, diagnosis, mitigation, treatment,
and rehabilitation of traumatic brain injury, including
research on gender and ethnic group-specific health needs
related to traumatic brain injury.
(2) To provide for the development, testing, and
dissemination within the Department of best practices for the
treatment of traumatic brain injury.
(3) To provide guidance for the mental health system of the
Department in determining the mental health and neurological
health personnel required to provide quality mental health
care for members of the Armed Forces with traumatic brain
injury.
(4) To establish, implement, and oversee a comprehensive
program to train mental health and neurological health
professionals of the Department in the treatment of traumatic
brain injury.
(5) To facilitate advancements in the study of the short-
term and long-term psychological effects of traumatic brain
injury.
(6) To disseminate within the military medical treatment
facilities of the Department best practices for training
mental health professionals, including neurological health
professionals, with respect to traumatic brain injury.
(7) To conduct basic science and translational research on
traumatic brain injury for the purposes of understanding the
etiology of traumatic brain injury and developing preventive
interventions and new treatments.
(8) To develop programs and outreach strategies for
families of members of the Armed Forces with traumatic brain
injury in order to mitigate the negative impacts of traumatic
brain injury on such family members and to support the
recovery of such members from traumatic brain injury.
(9) To conduct research on the mental health needs of
families of members of the Armed Forces with traumatic brain
injury and develop protocols to address any needs identified
through such research.
(10) To conduct longitudinal studies (using imaging
technology and other proven research methods) on members of
the Armed Forces with traumatic brain injury to identify
early signs of Alzheimer's disease, Parkinson's disease, or
other manifestations of neurodegeneration, as well as
epilepsy, in such members, in coordination with the studies
authorized by section 721 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2294) and other studies of the Department of
Defense and the Department of Veterans Affairs that address
the connection between exposure to combat and the development
of Alzheimer's disease, Parkinson's disease, and other
neurodegenerative disorders, as well as epilepsy.
(11) To develop and oversee a long-term plan to increase
the number of mental health and neurological health
professionals within the Department in order to facilitate
the meeting by the Department of the needs of members of the
Armed Forces with traumatic brain injury until their
transition to care and treatment from the Department of
Veterans Affairs.
(12) To develop a program on comprehensive pain management,
including management of acute and chronic pain, to utilize
current and develop new treatments for pain, and to identify
and disseminate best practices on pain management related to
traumatic brain injury.
(13) Such other responsibilities as the Secretary shall
specify.

SEC. 1622. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF
POST-TRAUMATIC STRESS DISORDER AND OTHER MENTAL
HEALTH CONDITIONS.

(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in
the prevention, diagnosis, mitigation, treatment, and
rehabilitation of post-traumatic stress disorder (PTSD) and
other mental health conditions, including mild, moderate, and
severe post-traumatic stress disorder and other mental health
conditions, to carry out the responsibilities specified in
subsection (c).
(b) Partnerships.--The Secretary shall ensure that the
center collaborates to the maximum extent practicable with
the National Center on Post-Traumatic Stress Disorder of the
Department of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--The center shall have
responsibilities as follows:
(1) To implement the comprehensive plan and strategy for
the Department of Defense, required by section 1618 of this
Act, for the prevention, diagnosis, mitigation, treatment,
and rehabilitation of post-traumatic stress disorder and
other mental health conditions, including research on gender-
and ethnic group-specific health needs related to post-
traumatic stress disorder and other mental health conditions.
(2) To provide for the development, testing, and
dissemination within the Department of best practices for the
treatment of post-traumatic stress disorder.
(3) To provide guidance for the mental health system of the
Department in determining the mental health and neurological
health personnel required to provide quality mental health
care for members of the Armed Forces with post-traumatic
stress disorder and other mental health conditions.
(4) To establish, implement, and oversee a comprehensive
program to train mental health and neurological health
professionals of the Department in the treatment of post-
traumatic stress disorder and other mental health conditions.
(5) To facilitate advancements in the study of the short-
term and long-term psychological effects of post-traumatic
stress disorder and other mental health conditions.
(6) To disseminate within the military medical treatment
facilities of the Department best practices for training
mental health professionals, including neurological health
professionals, with respect to post-traumatic stress disorder
and other mental health conditions.
(7) To conduct basic science and translational research on
post-traumatic stress disorder for the purposes of
understanding the etiology of post-traumatic stress disorder
and developing preventive interventions and new treatments.
(8) To develop programs and outreach strategies for
families of members of the Armed Forces with post-traumatic
stress disorder and other mental health conditions in order
to mitigate the negative impacts of post-traumatic stress
disorder and other mental health conditions on such family
members and to support the recovery of such members from
post-traumatic stress disorder and other mental health
conditions.
(9) To conduct research on the mental health needs of
families of members of the Armed Forces with post-traumatic
stress disorder and other mental health conditions and
develop protocols to address any needs identified through
such research.
(10) To develop and oversee a long-term plan to increase
the number of mental health

[[Page H210]]

and neurological health professionals within the Department
in order to facilitate the meeting by the Department of the
needs of members of the Armed Forces with post-traumatic
stress disorder and other mental health conditions until
their transition to care and treatment from the Department of
Veterans Affairs.

SEC. 1623. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF
MILITARY EYE INJURIES.

(a) In General.--The Secretary of Defense shall establish
within the Department of Defense a center of excellence in
the prevention, diagnosis, mitigation, treatment, and
rehabilitation of military eye injuries to carry out the
responsibilities specified in subsection (c).
(b) Partnerships.--The Secretary shall ensure that the
center collaborates to the maximum extent practicable with
the Secretary of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--
(1) In general.--The center shall--
(A) implement a comprehensive plan and strategy for the
Department of Defense, as developed by the Secretary of
Defense, for a registry of information for the tracking of
the diagnosis, surgical intervention or other operative
procedure, other treatment, and follow up for each case of
significant eye injury incurred by a member of the Armed
Forces while serving on active duty;
(B) ensure the electronic exchange with the Secretary of
Veterans Affairs of information obtained through tracking
under subparagraph (A); and
(C) enable the Secretary of Veterans Affairs to access the
registry and add information pertaining to additional
treatments or surgical procedures and eventual visual
outcomes for veterans who were entered into the registry and
subsequently received treatment through the Veterans Health
Administration.
(2) Designation of registry.--The registry under this
subsection shall be known as the ``Military Eye Injury
Registry'' (hereinafter referred to as the ``Registry'').
(3) Consultation in development.--The center shall develop
the Registry in consultation with the ophthalmological
specialist personnel and optometric specialist personnel of
the Department of Defense and the ophthalmological specialist
personnel and optometric specialist personnel of the
Department of Veterans Affairs. The mechanisms and procedures
of the Registry shall reflect applicable expert research on
military and other eye injuries.
(4) Mechanisms.--The mechanisms of the Registry for
tracking under paragraph (1)(A) shall ensure that each
military medical treatment facility or other medical facility
shall submit to the center for inclusion in the Registry
information on the diagnosis, surgical intervention or other
operative procedure, other treatment, and follow up for each
case of eye injury described in that paragraph as follows (to
the extent applicable):
(A) Not later than 30 days after surgery or other operative
intervention, including a surgery or other operative
intervention carried out as a result of a follow-up
examination.
(B) Not later than 180 days after the significant eye
injury is reported or recorded in the medical record.
(5) Coordination of care and benefits.--(A) The center
shall provide notice to the Blind Rehabilitation Service of
the Department of Veterans Affairs and to the eye care
services of the Veterans Health Administration on each member
of the Armed Forces described in subparagraph (B) for
purposes of ensuring the coordination of the provision of
ongoing eye care and visual rehabilitation benefits and
services by the Department of Veterans Affairs after the
separation or release of such member from the Armed Forces.
(B) A member of the Armed Forces described in this
subparagraph is a member of the Armed Forces as follows:
(i) A member with a significant eye injury incurred while
serving on active duty, including a member with visual
dysfunction related to traumatic brain injury.
(ii) A member with an eye injury incurred while serving on
active duty who has a visual acuity of 20/200 or less in the
injured eye.
(iii) A member with an eye injury incurred while serving on
active duty who has a loss of peripheral vision resulting in
20 degrees or less of visual field in the injured eye.
(d) Utilization of Registry Information.--The Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
ensure that information in the Registry is available to
appropriate ophthalmological and optometric personnel of the
Department of Defense and the Department of Veterans Affairs
for purposes of encouraging and facilitating the conduct of
research, and the development of best practices and clinical
education, on eye injuries incurred by members of the Armed
Forces in combat.
(e) Inclusion of Records of OIF/OEF Veterans.--The
Secretary of Defense shall take appropriate actions to
include in the Registry such records of members of the Armed
Forces who incurred an eye injury while serving on active
duty on or after September 11, 2001, but before the
establishment of the Registry, as the Secretary considers
appropriate for purposes of the Registry.
(f) Traumatic Brain Injury Post Traumatic Visual
Syndrome.--In carrying out the program at Walter Reed Army
Medical Center, District of Columbia, on traumatic brain
injury post traumatic visual syndrome, the Secretary of
Defense and the Department of Veterans Affairs shall jointly
provide for the conduct of a cooperative program for members
of the Armed Forces and veterans with traumatic brain injury
by military medical treatment facilities of the Department of
Defense and medical centers of the Department of Veterans
Affairs selected for purposes of this subsection for purposes
of vision screening, diagnosis, rehabilitative management,
and vision research, including research on prevention, on
visual dysfunction related to traumatic brain injury.

SEC. 1624. REPORT ON ESTABLISHMENT OF CENTERS OF EXCELLENCE.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on--
(1) the establishment of the center of excellence in
prevention, diagnosis, mitigation, treatment, and
rehabilitation of traumatic brain injury under section 1621;
(2) the establishment of the center of excellence in
prevention, diagnosis, mitigation, treatment, and
rehabilitation of post-traumatic stress disorder and other
mental health conditions under section 1622; and
(3) the establishment of the center of excellence in
prevention, diagnosis, mitigation, treatment, and
rehabilitation of military eye injuries under section 1623.
(b) Matters Covered.--The report shall, for each such
center--
(1) describe in detail the activities and proposed
activities of such center; and
(2) assess the progress of such center in discharging the
responsibilities of such center.

Subtitle C--Health Care Matters

SEC. 1631. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND
FORMER MEMBERS OF THE ARMED FORCES WITH SEVERE
INJURIES OR ILLNESSES.

(a) Medical and Dental Care for Former Members.--
(1) In general.--Effective as of the date of the enactment
of this Act and subject to regulations prescribed by the
Secretary of Defense, the Secretary may authorize that any
former member of the Armed Forces with a serious injury or
illness may receive the same medical and dental care as a
member of the Armed Forces on active duty for medical and
dental care not reasonably available to such former member in
the Department of Veterans Affairs.
(2) Sunset.--The Secretary of Defense may not provide
medical or dental care to a former member of the Armed Forces
under this subsection after December 31, 2012, if the
Secretary has not provided medical or dental care to the
former member under this subsection before that date.
(b) Rehabilitation and Vocational Benefits.--
(1) In general.--Effective as of the date of the enactment
of this Act, a member of the Armed Forces with a severe
injury or illness is entitled to such benefits (including
rehabilitation and vocational benefits, but not including
compensation) from the Secretary of Veterans Affairs to
facilitate the recovery and rehabilitation of such member as
the Secretary otherwise provides to veterans of the Armed
Forces receiving medical care in medical facilities of the
Department of Veterans Affairs facilities in order to
facilitate the recovery and rehabilitation of such members.
(2) Sunset.--The Secretary of Veterans Affairs may not
provide benefits to a member of the Armed Forces under this
subsection after December 31, 2012, if the Secretary has not
provided benefits to the member under this subsection before
that date.

SEC. 1632. REIMBURSEMENT OF TRAVEL EXPENSES OF RETIRED
MEMBERS WITH COMBAT-RELATED DISABILITIES FOR
FOLLOW-ON SPECIALTY CARE, SERVICES, AND
SUPPLIES.

(a) Travel.--Section 1074i of title 10, United States Code,
is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Outreach Program and Travel Reimbursement for Follow-
on Specialty Care and Related Services.--The Secretary
concerned shall ensure that an outreach program is
implemented for each member of the uniformed services who
incurred a combat-related disability and is entitled to
retired or retainer pay, or equivalent pay, so that--
``(1) the progress of the member is closely monitored; and
``(2) the member receives the travel reimbursement
authorized by subsection (a) whenever the member requires
follow-on specialty care, services, or supplies.''.
(b) Combat-Related Disability Defined.--Subsection (c) of
such section, as redesignated by subsection (a)(1), is
amended by adding at the end the following new paragraph:
``(3) The term `combat-related disability' has the meaning
given that term in section 1413a of this title.''.
(c) Effective Date.--Subsection (b) of section 1074i of
title 10, United States Code, as added by subsection (a)(2),
shall apply with respect to travel described in subsection
(a) of such section that occurs on or after January 1, 2008,
for follow-on specialty care, services, or supplies.

[[Page H211]]

SEC. 1633. RESPITE CARE AND OTHER EXTENDED CARE BENEFITS FOR
MEMBERS OF THE UNIFORMED SERVICES WHO INCUR A
SERIOUS INJURY OR ILLNESS ON ACTIVE DUTY.

(a) In General.--Section 1074(c) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(4)(A) Subject to such terms and conditions as the
Secretary of Defense considers appropriate, coverage
comparable to that provided by the Secretary under
subsections (d) and (e) of section 1079 of this title shall
be provided under this subsection to members of the uniformed
services who incur a serious injury or illness on active duty
as defined by regulations prescribed by the Secretary.
``(B) The Secretary of Defense shall prescribe in
regulations--
``(i) the individuals who shall be treated as the primary
caregivers of a member of the uniformed services for purposes
of this paragraph; and
``(ii) the definition of serious injury or illness for the
purposes of this paragraph.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2008.

SEC. 1634. REPORTS.

(a) Reports on Implementation of Certain Requirements.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a report describing the
progress in implementing the requirements as follows:
(1) The requirements of section 721 of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2294), relating to a
longitudinal study on traumatic brain injury incurred by
members of the Armed Forces in Operation Iraqi Freedom and
Operation Enduring Freedom.
(2) The requirements of section 741 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (120
Stat. 2304), relating to pilot projects on early diagnosis
and treatment of post-traumatic stress disorder and other
mental health conditions.
(b) Annual Reports on Expenditures for Activities on TBI
and PTSD.--
(1) Reports required.--Not later than March 1, 2008, and
each year thereafter through 2013, the Secretary of Defense
shall submit to the congressional defense committees a report
setting forth the amounts expended by the Department of
Defense during the preceding calendar year on activities
described in paragraph (2), including the amount allocated
during such calendar year to the Defense and Veterans Brain
Injury Center of the Department.
(2) Covered activities.--The activities described in this
paragraph are activities as follows:
(A) Activities relating to the improved diagnosis,
treatment, and rehabilitation of members of the Armed Forces
with traumatic brain injury (TBI).
(B) Activities relating to the improved diagnosis,
treatment, and rehabilitation of members of the Armed Forces
with post-traumatic stress disorder (PTSD).
(3) Elements.--Each report under paragraph (1) shall
include--
(A) a description of the amounts expended as described in
that paragraph, including a description of the activities for
which expended;
(B) a description and assessment of the outcome of such
activities;
(C) a statement of priorities of the Department in
activities relating to the prevention, diagnosis, research,
treatment, and rehabilitation of traumatic brain injury in
members of the Armed Forces during the year in which such
report is submitted and in future calendar years;
(D) a statement of priorities of the Department in
activities relating to the prevention, diagnosis, research,
treatment, and rehabilitation of post-traumatic stress
disorder and other mental health conditions in members of the
Armed Forces during the year in which such report is
submitted and in future calendar years; and
(E) an assessment of the progress made toward achieving the
priorities stated in subparagraphs (C) and (D) in the report
under paragraph (1) in the previous year, and a description
of any actions planned during the year in which such report
is submitted to achieve any unfulfilled priorities during
such year.

SEC. 1635. FULLY INTEROPERABLE ELECTRONIC PERSONAL HEALTH
INFORMATION FOR THE DEPARTMENT OF DEFENSE AND
DEPARTMENT OF VETERANS AFFAIRS.

(a) In General.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly--
(1) develop and implement electronic health record systems
or capabilities that allow for full interoperability of
personal health care information between the Department of
Defense and the Department of Veterans Affairs; and
(2) accelerate the exchange of health care information
between the Department of Defense and the Department of
Veterans Affairs in order to support the delivery of health
care by both Departments.
(b) Department of Defense-Department of Veterans Affairs
Interagency Program Office.--
(1) In general.--There is hereby established an interagency
program office of the Department of Defense and the
Department of Veterans Affairs (in this section referred to
as the ``Office'') for the purposes described in paragraph
(2).
(2) Purposes.--The purposes of the Office shall be as
follows:
(A) To act as a single point of accountability for the
Department of Defense and the Department of Veterans Affairs
in the rapid development and implementation of electronic
health record systems or capabilities that allow for full
interoperability of personal health care information between
the Department of Defense and the Department of Veterans
Affairs.
(B) To accelerate the exchange of health care information
between the Department of Defense and the Department of
Veterans Affairs in order to support the delivery of health
care by both Departments.
(c) Leadership.--
(1) Director.--The Director of the Office shall be the head
of the Office.
(2) Deputy director.--The Deputy Director of the Office
shall be the deputy head of the Office and shall assist the
Director in carrying out the duties of the Director.
(3) Appointments.--(A) The Director shall be appointed by
the Secretary of Defense, with the concurrence of the
Secretary of Veterans Affairs, from among persons who are
qualified to direct the development, acquisition, and
integration of major information technology capabilities.
(B) The Deputy Director shall be appointed by the Secretary
of Veterans Affairs, with the concurrence of the Secretary of
Defense, from among employees of the Department of Defense
and the Department of Veterans Affairs in the Senior
Executive Service who are qualified to direct the
development, acquisition, and integration of major
information technology capabilities.
(4) Additional guidance.--In addition to the direction,
supervision, and control provided by the Secretary of Defense
and the Secretary of Veterans Affairs, the Office shall also
receive guidance from the Department of Veterans Affairs-
Department of Defense Joint Executive Committee under section
320 of title 38, United States Code, in the discharge of the
functions of the Office under this section.
(5) Testimony.--Upon request by any of the appropriate
committees of Congress, the Director and the Deputy Director
shall testify before such committee regarding the discharge
of the functions of the Office under this section.
(d) Function.--The function of the Office shall be to
implement, by not later than September 30, 2009, electronic
health record systems or capabilities that allow for full
interoperability of personal health care information between
the Department of Defense and the Department of Veterans
Affairs, which health records shall comply with applicable
interoperability standards, implementation specifications,
and certification criteria (including for the reporting of
quality measures) of the Federal Government.
(e) Schedules and Benchmarks.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
establish a schedule and benchmarks for the discharge by the
Office of its function under this section, including each of
the following:
(1) A schedule for the establishment of the Office.
(2) A schedule and deadline for the establishment of the
requirements for electronic health record systems or
capabilities described in subsection (d), including
coordination with the Office of the National Coordinator for
Health Information Technology in the development of a
nationwide interoperable health information technology
infrastructure.
(3) A schedule and associated deadlines for any acquisition
and testing required in the implementation of electronic
health record systems or capabilities that allow for full
interoperability of personal health care information between
the Department of Defense and the Department of Veterans
Affairs.
(4) A schedule and associated deadlines and requirements
for the implementation of electronic health record systems or
capabilities that allow for full interoperability of personal
health care information between the Department of Defense and
the Department of Veterans Affairs.
(f) Pilot Projects.--
(1) Authority.--In order to assist the Office in the
discharge of its function under this section, the Secretary
of Defense and the Secretary of Veterans Affairs may, acting
jointly, carry out one or more pilot projects to assess the
feasibility and advisability of various technological
approaches to the achievement of the electronic health record
systems or capabilities described in subsection (d).
(2) Sharing of protected health information.--For purposes
of each pilot project carried out under this subsection, the
Secretary of Defense and the Secretary of Veterans Affairs
shall, for purposes of the regulations promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note), ensure
the effective sharing of protected health information between
the health care system of the Department of Defense and the
health care system of the Department of Veterans Affairs as
needed to provide all health care services and other benefits
allowed by law.
(g) Staff and Other Resources.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall assign to the Office such personnel
and other resources of the Department of Defense and the
Department of Veterans Affairs as are

[[Page H212]]

required for the discharge of its function under this
section.
(2) Additional services.--Subject to the approval of the
Secretary of Defense and the Secretary of Veterans Affairs,
the Director may utilize the services of private individuals
and entities as consultants to the Office in the discharge of
its function under this section. Amounts available to the
Office shall be available for payment for such services.
(h) Annual Reports.--
(1) In general.--Not later than January 1, 2009, and each
year thereafter through 2014, the Director shall submit to
the Secretary of Defense and the Secretary of Veterans
Affairs, and to the appropriate committees of Congress, a
report on the activities of the Office during the preceding
calendar year. Each report shall include, for the year
covered by such report, the following:
(A) A detailed description of the activities of the Office,
including a detailed description of the amounts expended and
the purposes for which expended.
(B) An assessment of the progress made by the Department of
Defense and the Department of Veterans Affairs in the full
implementation of electronic health record systems or
capabilities described in subsection (d).
(2) Availability to public.--The Secretary of Defense and
the Secretary of Veterans Affairs shall make available to the
public each report submitted under paragraph (1), including
by posting such report on the Internet website of the
Department of Defense and the Department of Veterans Affairs,
respectively, that is available to the public.
(i) Comptroller General Assessment of Implementation.--Not
later than six months after the date of the enactment of this
Act and every six months thereafter until the completion of
the implementation of electronic health record systems or
capabilities described in subsection (d), the Comptroller
General of the United States shall submit to the appropriate
committees of Congress a report setting forth the assessment
of the Comptroller General of the progress of the Department
of Defense and the Department of Veterans Affairs in
implementing electronic health record systems or capabilities
described in subsection (d).

SEC. 1636. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT
OF DEFENSE FOR HEALTH CARE PROFESSIONALS FOR
CARE AND TREATMENT OF WOUNDED AND INJURED
MEMBERS OF THE ARMED FORCES.

(a) In General.--Section 1599c of title 10, United States
Code, is amended to read as follows:

``Sec. 1599c. Health care professionals: enhanced appointment
and compensation authority for personnel for care and
treatment of wounded and injured members of the armed
forces

``(a) In General.--The Secretary of Defense may, at the
discretion of the Secretary, exercise any authority for the
appointment and pay of health care personnel under chapter 74
of title 38 for purposes of the recruitment, employment, and
retention of civilian health care professionals for the
Department of Defense if the Secretary determines that the
exercise of such authority is necessary in order to provide
or enhance the capacity of the Department to provide care and
treatment for members of the armed forces who are wounded or
injured on active duty in the armed forces and to support the
ongoing patient care and medical readiness, education, and
training requirements of the Department of Defense.
``(b) Recruitment of Personnel.--(1) The Secretaries of the
military departments shall each develop and implement a
strategy to disseminate among appropriate personnel of the
military departments authorities and best practices for the
recruitment of medical and health professionals, including
the authorities under subsection (a).
``(2) Each strategy under paragraph (1) shall--
``(A) assess current recruitment policies, procedures, and
practices of the military department concerned to assure that
such strategy facilitates the implementation of efficiencies
which reduce the time required to fill vacant positions for
medical and health professionals; and
``(B) clearly identify processes and actions that will be
used to inform and educate military and civilian personnel
responsible for the recruitment of medical and health
professionals.
``(c) Termination of Authority.--The authority of the
Secretary of Defense to exercise authorities available under
chapter 74 of title 38 for purposes of the recruitment,
employment, and retention of civilian health care
professionals for the Department of Defense expires September
30, 2010.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by striking
the item relating to section 1599c and inserting the
following new item:

``1599c. Health care professionals: enhanced appointment and
compensation authority for personnel for care and
treatment of wounded and injured members of the armed
forces.''.

(c) Reports on Strategies on Recruitment of Medical and
Health Professionals.--Not later than six months after the
date of the enactment of this Act, each Secretary of a
military department shall submit to the congressional defense
committees a report setting forth the strategy developed by
such Secretary under section 1599c(b) of title 10, United
States Code, as added by subsection (a).

SEC. 1637. CONTINUATION OF TRANSITIONAL HEALTH BENEFITS FOR
MEMBERS OF THE ARMED FORCES PENDING RESOLUTION
OF SERVICE-RELATED MEDICAL CONDITIONS.

Section 1145(a) of title 10, United States Code, is
amended--
(1) in paragraph (3), by striking ``Transitional health
care'' and inserting ``Except as provided in paragraph (6),
transitional health care''; and
(2) by adding at the end the following new paragraph:
``(6)(A) A member who has a medical condition relating to
service on active duty that warrants further medical care
that has been identified during the member's 180-day
transition period, which condition can be resolved within 180
days as determined by a Department of Defense physician,
shall be entitled to receive medical and dental care for that
medical condition, and that medical condition only, as if the
member were a member of the armed forces on active duty for
180 days following the diagnosis of the condition.
``(B) The Secretary concerned shall ensure that the Defense
Enrollment and Eligibility Reporting System (DEERS) is
continually updated in order to reflect the continuing
entitlement of members covered by subparagraph (A) to the
medical and dental care referred to in that subparagraph.''.

Subtitle D--Disability Matters

SEC. 1641. UTILIZATION OF VETERANS' PRESUMPTION OF SOUND
CONDITION IN ESTABLISHING ELIGIBILITY OF
MEMBERS OF THE ARMED FORCES FOR RETIREMENT FOR
DISABILITY.

(a) Retirement of Regulars and Members on Active Duty for
More Than 30 Days.--Clause (i) of section 1201(b)(3)(B) of
title 10, United States Code, is amended to read as follows:
``(i) the member has six months or more of active military
service and the disability was not noted at the time of the
member's entrance on active duty (unless compelling evidence
or medical judgment is such to warrant a finding that the
disability existed before the member's entrance on active
duty);''.
(b) Separation of Regulars and Members on Active Duty for
More Than 30 Days.--Section 1203(b)(4)(B) of such title is
amended by striking ``and the member has at least eight years
of service computed under section 1208 of this title'' and
inserting ``, the member has six months or more of active
military service, and the disability was not noted at the
time of the member's entrance on active duty (unless evidence
or medical judgment is such to warrant a finding that the
disability existed before the member's entrance on active
duty)''.

SEC. 1642. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF
DEFENSE DETERMINATIONS OF DISABILITY WITH
RESPECT TO MEMBERS OF THE ARMED FORCES.

(a) In General.--Chapter 61 of title 10, United States
Code, is amended by inserting after section 1216 the
following new section:

``Sec. 1216a. Determinations of disability: requirements and
limitations on determinations

``(a) Utilization of VA Schedule for Rating Disabilities in
Determinations of Disability.--(1) In making a determination
of disability of a member of the armed forces for purposes of
this chapter, the Secretary concerned--
``(A) shall, to the extent feasible, utilize the schedule
for rating disabilities in use by the Department of Veterans
Affairs, including any applicable interpretation of the
schedule by the United States Court of Appeals for Veterans
Claims; and
``(B) except as provided in paragraph (2), may not deviate
from the schedule or any such interpretation of the schedule.
``(2) In making a determination described in paragraph (1),
the Secretary concerned may utilize in lieu of the schedule
described in that paragraph such criteria as the Secretary of
Defense and the Secretary of Veterans Affairs may jointly
prescribe for purposes of this subsection if the utilization
of such criteria will result in a determination of a greater
percentage of disability than would be otherwise determined
through the utilization of the schedule.
``(b) Consideration of All Medical Conditions.--In making a
determination of the rating of disability of a member of the
armed forces for purposes of this chapter, the Secretary
concerned shall take into account all medical conditions,
whether individually or collectively, that render the member
unfit to perform the duties of the member's office, grade,
rank, or rating.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 61 of such title is amended by inserting
after the item relating to section 1216 the following new
item:

``1216a. Determinations of disability: requirements and limitations on
determinations.''.

SEC. 1643. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED
FORCES SEPARATED FROM SERVICE WITH A DISABILITY
RATING OF 20 PERCENT DISABLED OR LESS.

(a) Board Required.--
(1) In general.--Chapter 79 of title 10, United States
Code, is amended by inserting after section 1554 the
following new section:

[[Page H213]]

``Sec. 1554a. Review of separation with disability rating of
20 percent disabled or less

``(a) In General.--(1) The Secretary of Defense shall
establish within the Office of the Secretary of Defense a
board of review to review the disability determinations of
covered individuals by Physical Evaluation Boards. The board
shall be known as the `Physical Disability Board of Review'.
``(2) The Physical Disability Board of Review shall consist
of not less than three members appointed by the Secretary.
``(b) Covered Individuals.--For purposes of this section,
covered individuals are members and former members of the
armed forces who, during the period beginning on September
11, 2001, and ending on December 31, 2009--
``(1) are separated from the armed forces due to unfitness
for duty due to a medical condition with a disability rating
of 20 percent disabled or less; and
``(2) are found to be not eligible for retirement.
``(c) Review.--(1) Upon the request of a covered
individual, or a surviving spouse, next of kin, or legal
representative of a covered individual, the Physical
Disability Board of Review shall review the findings and
decisions of the Physical Evaluation Board with respect to
such covered individual. Subject to paragraph (3), upon its
own motion, the Physical Disability Board of Review may
review the findings and decisions of the Physical Evaluation
Board with respect to a covered individual.
``(2) The review by the Physical Disability Board of Review
under paragraph (1) shall be based on the records of the
armed force concerned and such other evidence as may be
presented to the Physical Disability Board of Review. A
witness may present evidence to the Board by affidavit or by
any other means considered acceptable by the Secretary of
Defense.
``(3) If the Physical Disability Board of Review proposes
to review, upon its own motion, the findings and decisions of
the Physical Evaluation Board with respect to a covered
individual, the Physical Disability Board of Review shall
notify the covered individual, or a surviving spouse, next of
kin, or legal representative of the covered individual, of
the proposed review and obtain the consent of the covered
individual or a surviving spouse, next of kin, or legal
representative of the covered individual before proceeding
with the review.
``(4) With respect to any review by the Physical Disability
Board of Review of the findings and decisions of the Physical
Evaluation Board with respect to a covered individual,
whether initiated at the request of the covered individual or
a surviving spouse, next of kin, or legal representative of
the covered individual or initiated by the Physical
Disability Board of Review, the Physical Disability Board of
Review shall notify the covered individual or a surviving
spouse, next of kin, or legal representative of the covered
individual that, as a result of the request or consent, the
covered individual or a surviving spouse, next of kin, or
legal representative of the covered individual may not seek
relief from the Board for Correction of Military Records
operated by the Secretary concerned.
``(d) Authorized Recommendations.--The Physical Disability
Board of Review may, as a result of its findings under a
review under subsection (c), recommend to the Secretary
concerned the following (as applicable) with respect to a
covered individual:
``(1) No recharacterization of the separation of such
individual or modification of the disability rating
previously assigned such individual.
``(2) The recharacterization of the separation of such
individual to retirement for disability.
``(3) The modification of the disability rating previously
assigned such individual by the Physical Evaluation Board
concerned, which modified disability rating may not be a
reduction of the disability rating previously assigned such
individual by that Physical Evaluation Board.
``(4) The issuance of a new disability rating for such
individual.
``(e) Correction of Military Records.--(1) The Secretary
concerned may correct the military records of a covered
individual in accordance with a recommendation made by the
Physical Disability Board of Review under subsection (d). Any
such correction may be made effective as of the effective
date of the action taken on the report of the Physical
Evaluation Board to which such recommendation relates.
``(2) In the case of a member previously separated pursuant
to the findings and decision of a Physical Evaluation Board
together with a lump-sum or other payment of back pay and
allowances at separation, the amount of pay or other monetary
benefits to which such member would be entitled based on the
member's military record as corrected shall be reduced to
take into account receipt of such lump-sum or other payment
in such manner as the Secretary of Defense considers
appropriate.
``(3) If the Physical Disability Board of Review makes a
recommendation not to correct the military records of a
covered individual, the action taken on the report of the
Physical Evaluation Board to which such recommendation
relates shall be treated as final as of the date of such
action.
``(f) Regulations.--(1) This section shall be carried out
in accordance with regulations prescribed by the Secretary of
Defense.
``(2) The regulations under paragraph (1) shall specify
reasonable deadlines for the performance of reviews required
by this section.
``(3) The regulations under paragraph (1) shall specify the
effect of a determination or pending determination of a
Physical Evaluation Board on considerations by boards for
correction of military records under section 1552 of this
title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 79 of such title is amended by inserting
after the item relating to section 1554 the following new
item:

``1554a. Review of separation with disability rating of 20 percent
disabled or less.''.

(b) Implementation.--The Secretary of Defense shall
establish the board of review required by section 1554a of
title 10, United States Code (as added by subsection (a)),
and prescribe the regulations required by such section, not
later than 90 days after the date of the enactment of this
Act.

SEC. 1644. AUTHORIZATION OF PILOT PROGRAMS TO IMPROVE THE
DISABILITY EVALUATION SYSTEM FOR MEMBERS OF THE
ARMED FORCES.

(a) Pilot Programs.--
(1) Programs authorized.--For the purposes set forth in
subsection (c), the Secretary of Defense may establish and
conduct pilot programs with respect to the system of the
Department of Defense for the evaluation of the disabilities
of members of the Armed Forces who are being separated or
retired from the Armed Forces for disability under chapter 61
of title 10, United States Code (in this section referred to
as the ``disability evaluation system'').
(2) Types of pilot programs.--In carrying out this section,
the Secretary of Defense may conduct one or more of the pilot
programs described in paragraphs (1) through (3) of
subsection (b) or such other pilot programs as the Secretary
of Defense considers appropriate.
(3) Consultation.--In establishing and conducting any pilot
program under this section, the Secretary of Defense shall
consult with the Secretary of Veterans Affairs.
(b) Scope of Pilot Programs.--
(1) Disability determinations by dod utilizing va assigned
disability rating.--Under one of the pilot programs
authorized by subsection (a), for purposes of making a
determination of disability of a member of the Armed Forces
under section 1201(b) of title 10, United States Code, for
the retirement, separation, or placement of the member on the
temporary disability retired list under chapter 61 of such
title, upon a determination by the Secretary of the military
department concerned that the member is unfit to perform the
duties of the member's office, grade, rank, or rating because
of a physical disability as described in section 1201(a) of
such title--
(A) the Secretary of Veterans Affairs may--
(i) conduct an evaluation of the member for physical
disability; and
(ii) assign the member a rating of disability in accordance
with the schedule for rating disabilities utilized by the
Secretary of Veterans Affairs based on all medical conditions
(whether individually or collectively) that render the member
unfit for duty; and
(B) the Secretary of the military department concerned may
make the determination of disability regarding the member
utilizing the rating of disability assigned under
subparagraph (A)(ii).
(2) Disability determinations utilizing joint dod/va
assigned disability rating.--Under one of the pilot programs
authorized by subsection (a), in making a determination of
disability of a member of the Armed Forces under section
1201(b) of title 10, United States Code, for the retirement,
separation, or placement of the member on the temporary
disability retired list under chapter 61 of such title, the
Secretary of the military department concerned may, upon
determining that the member is unfit to perform the duties of
the member's office, grade, rank, or rating because of a
physical disability as described in section 1201(a) of such
title--
(A) provide for the joint evaluation of the member for
disability by the Secretary of the military department
concerned and the Secretary of Veterans Affairs, including
the assignment of a rating of disability for the member in
accordance with the schedule for rating disabilities utilized
by the Secretary of Veterans Affairs based on all medical
conditions (whether individually or collectively) that render
the member unfit for duty; and
(B) make the determination of disability regarding the
member utilizing the rating of disability assigned under
subparagraph (A).
(3) Electronic clearing house.--Under one of the pilot
programs authorized by subsection (a), the Secretary of
Defense may establish and operate a single Internet website
for the disability evaluation system of the Department of
Defense that enables participating members of the Armed
Forces to fully utilize such system through the Internet,
with such Internet website to include the following:
(A) The availability of any forms required for the
utilization of the disability evaluation system by members of
the Armed Forces under the system.
(B) Secure mechanisms for the submission of such forms by
members of the Armed

[[Page H214]]

Forces under the system, and for the tracking of the
acceptance and review of any forms so submitted.
(C) Secure mechanisms for advising members of the Armed
Forces under the system of any additional information, forms,
or other items that are required for the acceptance and
review of any forms so submitted.
(D) The continuous availability of assistance to members of
the Armed Forces under the system (including assistance
through the caseworkers assigned to such members of the Armed
Forces) in submitting and tracking such forms, including
assistance in obtaining information, forms, or other items
described by subparagraph (C).
(E) Secure mechanisms to request and receive personnel
files or other personnel records of members of the Armed
Forces under the system that are required for submission
under the disability evaluation system, including the
capability to track requests for such files or records and to
determine the status of such requests and of responses to
such requests.
(4) Other pilot programs.--The pilot programs authorized by
subsection (a) may also provide for the development,
evaluation, and identification of such practices and
procedures under the disability evaluation system as the
Secretary considers appropriate for purposes set forth in
subsection (c).
(c) Purposes.--A pilot program established under subsection
(a) may have one or more of the following purposes:
(1) To provide for the development, evaluation, and
identification of revised and improved practices and
procedures under the disability evaluation system in order
to--
(A) reduce the processing time under the disability
evaluation system of members of the Armed Forces who are
likely to be retired or separated for disability, and who
have not requested continuation on active duty, including, in
particular, members who are severely wounded;
(B) identify and implement or seek the modification of
statutory or administrative policies and requirements
applicable to the disability evaluation system that--
(i) are unnecessary or contrary to applicable best
practices of civilian employers and civilian healthcare
systems; or
(ii) otherwise result in hardship, arbitrary, or
inconsistent outcomes for members of the Armed Forces, or
unwarranted inefficiencies and delays;
(C) eliminate material variations in policies,
interpretations, and overall performance standards among the
military departments under the disability evaluation system;
and
(D) determine whether it enhances the capability of the
Department of Veterans Affairs to receive and determine
claims from members of the Armed Forces for compensation,
pension, hospitalization, or other veterans benefits.
(2) In conjunction with the findings and recommendations of
applicable Presidential and Department of Defense study
groups, to provide for the eventual development of revised
and improved practices and procedures for the disability
evaluation system in order to achieve the objectives set
forth in paragraph (1).
(d) Utilization of Results in Updates of Comprehensive
Policy on Care, Management, and Transition of Recovering
Service Members.--The Secretary of Defense and the Secretary
of Veterans Affairs, acting jointly, may incorporate
responses to any findings and recommendations arising under
the pilot programs conducted under subsection (a) in updating
the comprehensive policy on the care and management of
covered service members under section 1611(a)(4).
(e) Construction With Other Authorities.--
(1) In general.--Subject to paragraph (2), in carrying out
a pilot program under subsection (a)--
(A) the rules and regulations of the Department of Defense
and the Department of Veterans Affairs relating to methods of
determining fitness or unfitness for duty and disability
ratings for members of the Armed Forces shall apply to the
pilot program only to the extent provided in the report on
the pilot program under subsection (g)(1); and
(B) the Secretary of Defense and the Secretary of Veterans
Affairs may waive any provision of title 10, 37, or 38,
United States Code, relating to methods of determining
fitness or unfitness for duty and disability ratings for
members of the Armed Forces if the Secretaries determine in
writing that the application of such provision would be
inconsistent with the purpose of the pilot program.
(2) Limitation.--Nothing in paragraph (1) shall be
construed to authorize the waiver of any provision of section
1216a of title 10, United States Code, as added by section
1642 of this Act.
(f) Duration.--Each pilot program conducted under
subsection (a) shall be completed not later than one year
after the date of the commencement of such pilot program
under that subsection.
(g) Reports.--
(1) Initial report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
each pilot program that has been commenced as of that date
under subsection (a). The report shall include--
(A) a description of the scope and objectives of the pilot
program;
(B) a description of the methodology to be used under the
pilot program to ensure rapid identification under such pilot
program of revised or improved practices under the disability
evaluation system in order to achieve the objectives set
forth in subsection (c)(1); and
(C) a statement of any provision described in subsection
(e)(1)(B) that will not apply to the pilot program by reason
of a waiver under that subsection.
(2) Interim report.--Not later than 180 days after the date
of the submittal of the report required by paragraph (1) with
respect to a pilot program, the Secretary shall submit to the
appropriate committees of Congress a report describing the
current status of the pilot program.
(3) Final report.--Not later than 90 days after the
completion of all of the pilot programs conducted under
subsection (a), the Secretary shall submit to the appropriate
committees of Congress a report setting forth a final
evaluation and assessment of the pilot programs. The report
shall include such recommendations for legislative or
administrative action as the Secretary considers appropriate
in light of such pilot programs.

SEC. 1645. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO
DEFICIENCIES IN THE ARMY PHYSICAL DISABILITY
EVALUATION SYSTEM.

(a) Reports Required.--Not later than June 1, 2008, and
June 1, 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on the
implementation of corrective measures by the Department of
Defense with respect to the Physical Disability Evaluation
System (PDES) in response to the following:
(1) The report of the Inspector General of the Army on that
system of March 6, 2007.
(2) The report of the Independent Review Group on
Rehabilitation Care and Administrative Processes at Walter
Reed Army Medical Center and National Naval Medical Center.
(3) The report of the Department of Veterans Affairs Task
Force on Returning Global War on Terror Heroes.
(b) Elements of Report.--Each report under subsection (a)
shall include current information on the following:
(1) The total number of cases, and the number of cases
involving combat disabled service members, pending resolution
before the Medical and Physical Disability Evaluation Boards
of the Army, including information on the number of members
of the Army who have been in a medical hold or holdover
status for more than each of 100, 200, and 300 days.
(2) The status of the implementation of modifications to
disability evaluation processes of the Department of Defense
in response to the following:
(A) The report of the Inspector General on such processes
dated March 6, 2007.
(B) The report of the Independent Review Group on
Rehabilitation Care and Administrative Processes at Walter
Reed Army Medical Center and National Naval Medical Center.
(C) The report of the Department of Veterans Affairs Task
Force on Returning Global War on Terror Heroes.
(c) Posting on Internet.--Not later than 24 hours after
submitting a report under subsection (a), the Secretary shall
post such report on the Internet website of the Department of
Defense that is available to the public.

SEC. 1646. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR
MEMBERS OF THE ARMED FORCES.

(a) In General.--Section 1212 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``his years of
service, but not more than 12, computed under section 1208 of
this title'' in the matter preceding subparagraph (A) and
inserting ``the member's years of service computed under
section 1208 of this title (subject to the minimum and
maximum years of service provided for in subsection (c))'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) The minimum years of service of a member for
purposes of subsection (a)(1) shall be as follows:
``(A) Six years in the case of a member separated from the
armed forces for a disability incurred in line of duty in a
combat zone (as designated by the Secretary of Defense for
purposes of this subsection) or incurred during the
performance of duty in combat-related operations as
designated by the Secretary of Defense.
``(B) Three years in the case of any other member.
``(2) The maximum years of service of a member for purposes
of subsection (a)(1) shall be 19 years.''.
(b) No Deduction From Compensation of Severance Pay for
Disabilities Incurred in Combat Zones.--Subsection (d) of
such section, as redesignated by subsection (a)(2) of this
section, is further amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking the second sentence; and
(3) by adding at the end the following new paragraphs:
``(2) No deduction may be made under paragraph (1) in the
case of disability severance pay received by a member for a
disability incurred in line of duty in a combat zone or
incurred during performance of duty in combat-related
operations as designated by the Secretary of Defense.
``(3) No deduction may be made under paragraph (1) from any
death compensation to

[[Page H215]]

which a member's dependents become entitled after the
member's death.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to members of the Armed Forces
separated from the Armed Forces under chapter 61 of title 10,
United States Code, on or after that date.

SEC. 1647. ASSESSMENTS OF CONTINUING UTILITY AND FUTURE ROLE
OF TEMPORARY DISABILITY RETIRED LIST.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
containing--
(1) a statistical history since January 1, 2000, of the
numbers of members of the Armed Forces who are returned to
duty or separated following a tenure on the temporary
disability retired list and, in the case of members who were
separated, how many of the members were granted disability
separation or retirement and what were their disability
ratings;
(2) the results of the assessments required by subsection
(b); and
(3) such recommendations for the modification or
improvement of the temporary disability retired list as the
Secretary considers appropriate in response to the
assessments.
(b) Required Assessments.--The assessments required to be
conducted as part of the report under subsection (a) are the
following:
(1) An assessment of the continuing utility of the
temporary disability retired list in satisfying the purposes
for which the temporary disability retired list was
established.
(2) An assessment of the need to require that the condition
of a member be permanent and stable before the member is
separated with less than a 30 percent disability rating prior
to exceeding the maximum tenure allowed on the temporary
disability retired list.
(3) An assessment of the future role of the temporary
disability retired list in the Disability Evaluation System
of the Department of Defense and the changes in policy and
law required to fulfill the future role of the temporary
disability retire list.

SEC. 1648. STANDARDS FOR MILITARY MEDICAL TREATMENT
FACILITIES, SPECIALTY MEDICAL CARE FACILITIES,
AND MILITARY QUARTERS HOUSING PATIENTS AND
ANNUAL REPORT ON SUCH FACILITIES.

(a) Establishment of Standards.--The Secretary of Defense
shall establish for the military facilities of the Department
of Defense and the military departments referred to in
subsection (b) standards with respect to the matters set
forth in subsection (c). To the maximum extent practicable,
the standards shall--
(1) be uniform and consistent for all such facilities; and
(2) be uniform and consistent throughout the Department of
Defense and the military departments.
(b) Covered Military Facilities.--The military facilities
covered by this section are the following:
(1) Military medical treatment facilities.
(2) Specialty medical care facilities.
(3) Military quarters or leased housing for patients.
(c) Scope of Standards.--The standards required by
subsection (a) shall include the following:
(1) Generally accepted standards for the accreditation of
medical facilities, or for facilities used to quarter
individuals that may require medical supervision, as
applicable, in the United States.
(2) To the extent not inconsistent with the standards
described in paragraph (1), minimally acceptable conditions
for the following:
(A) Appearance and maintenance of facilities generally,
including the structure and roofs of facilities.
(B) Size, appearance, and maintenance of rooms housing or
utilized by patients, including furniture and amenities in
such rooms.
(C) Operation and maintenance of primary and back-up
facility utility systems and other systems required for
patient care, including electrical systems, plumbing systems,
heating, ventilation, and air conditioning systems,
communications systems, fire protection systems, energy
management systems, and other systems required for patient
care.
(D) Compliance of facilities, rooms, and grounds, to the
maximum extent practicable, with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(E) Such other matters relating to the appearance, size,
operation, and maintenance of facilities and rooms as the
Secretary considers appropriate.
(d) Compliance With Standards.--
(1) Deadline.--In establishing standards under subsection
(a), the Secretary shall specify a deadline for compliance
with such standards by each facility referred to in
subsection (b). The deadline shall be at the earliest date
practicable after the date of the enactment of this Act, and
shall, to the maximum extent practicable, be uniform across
the facilities referred to in subsection (b).
(2) Investment.--In carrying out this section, the
Secretary shall also establish guidelines for investment to
be utilized by the Department of Defense and the military
departments in determining the allocation of financial
resources to facilities referred to in subsection (b) in
order to meet the deadline specified under paragraph (1).
(e) Report on Development and Implementation of
Standards.--
(1) In general.--Not later than March 1, 2008, the
Secretary shall submit to the congressional defense
committees a report on the actions taken to carry out
subsection (a).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) The standards established under subsection (a).
(B) An assessment of the appearance, condition, and
maintenance of each facility referred to in subsection (b),
including--
(i) an assessment of the compliance of the facility with
the standards established under subsection (a); and
(ii) a description of any deficiency or noncompliance in
each facility with the standards.
(C) A description of the investment to be allocated to
address each deficiency or noncompliance identified under
subparagraph (B)(ii).
(f) Annual Report.--Not later than the date on which the
President submits the budget for a fiscal year to Congress
pursuant to section 1105 of title 31, United States Code, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
adequacy, suitability, and quality of each facility referred
to in subsection (b). The Secretary shall include in each
report information regarding--
(1) any deficiencies in the adequacy, quality, or state of
repair of medical-related support facilities raised as a
result of information received during the period covered by
the report through the toll-free hot line required by section
1616; and
(2) the investigations conducted and plans of action
prepared under such section to respond to such deficiencies.

SEC. 1649. REPORTS ON ARMY MEDICAL ACTION PLAN IN RESPONSE TO
DEFICIENCIES IDENTIFIED AT WALTER REED ARMY
MEDICAL CENTER, DISTRICT OF COLUMBIA.

Not later than 30 days after the date of the enactment of
this Act, and every 180 days thereafter until March 1, 2009,
the Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of the Army
Medical Action Plan to correct deficiencies identified in the
condition of facilities and patient administration.

SEC. 1650. REQUIRED CERTIFICATIONS IN CONNECTION WITH CLOSURE
OF WALTER REED ARMY MEDICAL CENTER, DISTRICT OF
COLUMBIA.

(a) Certifications.--In implementing the decision to close
Walter Reed Army Medical Center, District of Columbia,
required as a result of the 2005 round of defense base
closure and realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; U.S.C. 2687 note), the Secretary of Defense shall
submit to the congressional defense committees a
certification of each of the following:
(1) That a transition plan has been developed, and
resources have been committed, to ensure that patient care
services, medical operations, and facilities are sustained at
the highest possible level at Walter Reed Army Medical Center
until facilities to replace Walter Reed Army Medical Center
are staffed and ready to assume at least the same level of
care previously provided at Walter Reed Army Medical Center.
(2) That the closure of Walter Reed Army Medical Center
will not result in a net loss of capacity in the major
medical centers in the National Capitol Region in terms of
total bed capacity or staffed bed capacity.
(3) That the capacity of medical hold and out-patient
lodging facilities operating at Walter Reed Army Medical
Center as of the date of the certification will be available
in sufficient quantities at the facilities designated to
replace Walter Reed Army Medical Center by the date of the
closure of Walter Reed Army Medical Center.
(b) Time for Submittal.--The Secretary shall submit the
certifications required by subsection (a) not later than 90
days after the date of the enactment of this Act. If the
Secretary is unable to make one or more of the certifications
by the end of the 90-day period, the Secretary shall notify
the congressional defense committees of the delay and the
reasons for the delay.

SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON
COMPENSATION AND BENEFITS AVAILABLE FOR SERIOUS
INJURIES AND ILLNESSES.

(a) Information on Available Compensation and Benefits.--
Not later than October 1, 2008, the Secretary of Defense
shall develop and maintain, in handbook and electronic form,
a comprehensive description of the compensation and other
benefits to which a member of the Armed Forces, and the
family of such member, would be entitled upon the separation
or retirement of the member from the Armed Forces as a result
of a serious injury or illness. The handbook shall set forth
the range of such compensation and benefits based on grade,
length of service, degree of disability at separation or
retirement, and such other factors affecting such
compensation and benefits as the Secretary considers
appropriate.
(b) Consultation.--The Secretary of Defense shall develop
and maintain the comprehensive description required by
subsection (a), including the handbook and electronic form of
the description, in consultation with the Secretary of
Veterans Affairs, the Secretary of Health and Human Services,
and the Commissioner of Social Security.

[[Page H216]]

(c) Update.--The Secretary of Defense shall update the
comprehensive description required by subsection (a),
including the handbook and electronic form of the
description, on a periodic basis, but not less often than
annually.
(d) Provision to Members.--The Secretary of the military
department concerned shall provide the descriptive handbook
under subsection (a) to each member of the Armed Forces
described in that subsection as soon as practicable following
the injury or illness qualifying the member for coverage
under such subsection.
(e) Provision to Representatives.--If a member is
incapacitated or otherwise unable to receive the descriptive
handbook to be provided under subsection (a), the handbook
shall be provided to the next of kin or a legal
representative of the member, as determined in accordance
with regulations prescribed by the Secretary of the military
department concerned for purposes of this section.

Subtitle E--Studies and Reports

SEC. 1661. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER
READJUSTMENT NEEDS OF MEMBERS AND FORMER
MEMBERS OF THE ARMED FORCES WHO DEPLOYED IN
OPERATION IRAQI FREEDOM AND OPERATION ENDURING
FREEDOM AND THEIR FAMILIES.

(a) Study Required.--The Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, enter
into an agreement with the National Academy of Sciences for a
study on the physical and mental health and other
readjustment needs of members and former members of the Armed
Forces who deployed in Operation Iraqi Freedom or Operation
Enduring Freedom and their families as a result of such
deployment.
(b) Phases.--The study required under subsection (a) shall
consist of two phases:
(1) A preliminary phase, to be completed not later than one
year after the date of the enactment of this Act--
(A) to identify preliminary findings on the physical and
mental health and other readjustment needs described in
subsection (a) and on gaps in care for the members, former
members, and families described in that subsection; and
(B) to determine the parameters of the second phase of the
study under paragraph (2).
(2) A second phase, to be completed not later than three
years after the date of the enactment of this Act, to carry
out a comprehensive assessment, in accordance with the
parameters identified under the preliminary report required
by paragraph (1), of the physical and mental health and other
readjustment needs of members and former members of the Armed
Forces who deployed in Operation Iraqi Freedom or Operation
Enduring Freedom and their families as a result of such
deployment, including, at a minimum--
(A) an assessment of the psychological, social, and
economic impacts of such deployment on such members and
former members and their families;
(B) an assessment of the particular impacts of multiple
deployments in Operation Iraqi Freedom or Operation Enduring
Freedom on such members and former members and their
families;
(C) an assessment of the full scope of the neurological,
psychiatric, and psychological effects of traumatic brain
injury on members and former members of the Armed Forces,
including the effects of such effects on the family members
of such members and former members, and an assessment of the
efficacy of current treatment approaches for traumatic brain
injury in the United States and the efficacy of screenings
and treatment approaches for traumatic brain injury within
the Department of Defense and the Department of Veterans
Affairs;
(D) an assessment of the effects of undiagnosed injuries
such as post-traumatic stress disorder and traumatic brain
injury, an estimate of the long-term costs associated with
such injuries, and an assessment of the efficacy of
screenings and treatment approaches for post-traumatic stress
disorder and other mental health conditions within the
Department of Defense and Department of Veterans Affairs;
(E) an assessment of the gender- and ethnic group-specific
needs and concerns of members of the Armed Forces and
veterans;
(F) an assessment of the particular needs and concerns of
children of members of the Armed Forces, taking into account
differing age groups, impacts on development and education,
and the mental and emotional well being of children;
(G) an assessment of the particular educational and
vocational needs of such members and former members and their
families, and an assessment of the efficacy of existing
educational and vocational programs to address such needs;
(H) an assessment of the impacts on communities with high
populations of military families, including military housing
communities and townships with deployed members of the
National Guard and Reserve, of deployments associated with
Operation Iraqi Freedom and Operation Enduring Freedom, and
an assessment of the efficacy of programs that address
community outreach and education concerning military
deployments of community residents;
(I) an assessment of the impacts of increasing numbers of
older and married members of the Armed Forces on readjustment
requirements;
(J) the development, based on such assessments, of
recommendations for programs, treatments, or policy remedies
targeted at preventing, minimizing, or addressing the
impacts, gaps, and needs identified; and
(K) the development, based on such assessments, of
recommendations for additional research on such needs.
(c) Populations To Be Studied.--The study required under
subsection (a) shall consider the readjustment needs of each
population of individuals as follows:
(1) Members of the regular components of the Armed Forces
who are returning, or have returned, to the United States
from deployment in Operation Iraqi Freedom or Operation
Enduring Freedom.
(2) Members of the National Guard and Reserve who are
returning, or have returned, to the United States from
deployment in Operation Iraqi Freedom or Operation Enduring
Freedom.
(3) Veterans of Operation Iraqi Freedom or Operation
Enduring Freedom.
(4) Family members of the members and veterans described in
paragraphs (1) through (3).
(d) Access to Information.--The National Academy of
Sciences shall have access to such personnel, information,
records, and systems of the Department of Defense and the
Department of Veterans Affairs as the National Academy of
Sciences requires in order to carry out the study required
under subsection (a).
(e) Privacy of Information.--The National Academy of
Sciences shall maintain any personally identifiable
information accessed by the Academy in carrying out the study
required under subsection (a) in accordance with all
applicable laws, protections, and best practices regarding
the privacy of such information, and may not permit access to
such information by any persons or entities not engaged in
work under the study.
(f) Reports by National Academy of Sciences.--Upon the
completion of each phase of the study required under
subsection (a), the National Academy of Sciences shall submit
to the Secretary of Defense, the Secretary of Veterans
Affairs, and the congressional defense committees a report on
such phase of the study.
(g) DoD and VA Response to NAS Reports.--Not later than 90
days after the receipt of a report under subsection (f) on
each phase of the study required under subsection (a), the
Secretary of Defense and the Secretary of Veterans Affairs
shall develop a final joint Department of Defense-Department
of Veterans Affairs response to the findings and
recommendations of the National Academy of Sciences contained
in such report.

SEC. 1662. ACCESS OF RECOVERING SERVICE MEMBERS TO ADEQUATE
OUTPATIENT RESIDENTIAL FACILITIES.

(a) Required Inspections of Facilities.--All quarters of
the United States and housing facilities under the
jurisdiction of the Armed Forces that are occupied by
recovering service members shall be inspected on a semiannual
basis for the first two years after the enactment of this Act
and annually thereafter by the inspectors general of the
regional medical commands.
(b) Inspector General Reports.--The inspector general for
each regional medical command shall--
(1) submit a report on each inspection of a facility
conducted under subsection (a) to the post commander at such
facility, the commanding officer of the hospital affiliated
with such facility, the surgeon general of the military
department that operates such hospital, the Secretary of the
military department concerned, the Assistant Secretary of
Defense for Health Affairs, and the congressional defense
committees; and
(2) post each such report on the Internet website of such
regional medical command.

SEC. 1663. STUDY AND REPORT ON SUPPORT SERVICES FOR FAMILIES
OF RECOVERING SERVICE MEMBERS.

(a) Study Required.--The Secretary of Defense shall conduct
a study of the provision of support services for families of
recovering service members.
(b) Matters Covered.--The study under subsection (a) shall
include the following:
(1) A determination of the types of support services,
including job placement services, that are currently provided
by the Department of Defense to eligible family members, and
the cost of providing such services.
(2) A determination of additional types of support services
that would be feasible for the Department to provide to such
family members, and the costs of providing such services,
including the following types of services:
(A) The provision of medical care at military medical
treatment facilities.
(B) The provision of additional employment services, and
the need for employment protection, of such family members
who are placed on leave from employment or otherwise
displaced from employment while caring for a recovering
service member for more than 45 days during a one-year
period.
(C) The provision of meals without charge at military
medical treatment facilities.
(3) A survey of military medical treatment facilities to
estimate the number of family members to whom the support
services would be provided.
(4) A determination of any discrimination in employment
that such family members experience, including denial of
retention in employment, promotion, or any benefit of
employment by an employer on the basis of

[[Page H217]]

the person's absence from employment, and a determination, in
consultation with the Secretary of Labor, of the options
available for such family members.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the
study, with such findings and recommendations as the
Secretary considers appropriate.

SEC. 1664. REPORT ON TRAUMATIC BRAIN INJURY CLASSIFICATIONS.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of
Veterans Affairs jointly shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report describing the changes undertaken within the
Department of Defense and the Department of Veterans Affairs
to ensure that traumatic brain injury victims receive a
medical designation concomitant with their injury rather than
a medical designation that assigns a generic classification
(such as ``organic psychiatric disorder'').

SEC. 1665. EVALUATION OF THE POLYTRAUMA LIAISON OFFICER/NON-
COMMISSIONED OFFICER PROGRAM.

(a) Evaluation Required.--The Secretary of Defense shall
conduct an evaluation of the Polytrauma Liaison Officer/Non-
Commissioned Officer program, which is the program operated
by each of the military departments and the Department of
Veterans Affairs for the purpose of--
(1) assisting in the seamless transition of members of the
Armed Forces from the Department of Defense health care
system to the Department of Veterans Affairs system; and
(2) expediting the flow of information and communication
between military treatment facilities and the Veterans
Affairs Polytrauma Centers.
(b) Matters Covered.--The evaluation of the Polytrauma
Liaison Officer/Non-Commissioned Officer program shall
include an evaluation of the following:
(1) The program's effectiveness in the following areas:
(A) Handling of military patient transfers.
(B) Ability to access military records in a timely manner.
(C) Collaboration with Polytrauma Center treatment teams.
(D) Collaboration with veteran service organizations.
(E) Functioning as the Polytrauma Center's subject-matter
expert on military issues.
(F) Supporting and assisting family members.
(G) Providing education, information, and referrals to
members of the Armed Forces and their family members.
(H) Functioning as uniformed advocates for members of the
Armed Forces and their family members.
(I) Inclusion in Polytrauma Center meetings.
(J) Completion of required administrative reporting.
(K) Ability to provide necessary administrative support to
all members of the Armed Forces.
(2) Manpower requirements to effectively carry out all
required functions of the Polytrauma Liaison Officer/Non-
Commissioned Officer program given current and expected case
loads.
(3) Expansion of the program to incorporate Navy and Marine
Corps officers and senior enlisted personnel.
(c) Reporting Requirement.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report containing--
(1) the results of the evaluation; and
(2) recommendations for any improvements in the program.

Subtitle F--Other Matters

SEC. 1671. PROHIBITION ON TRANSFER OF RESOURCES FROM MEDICAL
CARE.

Neither the Secretary of Defense nor the Secretaries of the
military departments may transfer funds or personnel from
medical care functions to administrative functions within the
Department of Defense in order to comply with the new
administrative requirements imposed by this title or the
amendments made by this title.

SEC. 1672. MEDICAL CARE FOR FAMILIES OF MEMBERS OF THE ARMED
FORCES RECOVERING FROM SERIOUS INJURIES OR
ILLNESSES.

(a) Medical Care at Military Medical Facilities.--
(1) Medical care.--A family member of a recovering service
member who is not otherwise eligible for medical care at a
military medical treatment facility may be eligible for such
care at such facilities, on a space-available basis, if the
family member is--
(A) on invitational orders while caring for the service
member;
(B) a non-medical attendee caring for the service member;
or
(C) receiving per diem payments from the Department of
Defense while caring for the service member.
(2) Specification of family members.--The Secretary of
Defense may prescribe in regulations the family members of
recovering service members who shall be considered to be a
family member of a service member for purposes of this
subsection.
(3) Specification of care.--The Secretary of Defense shall
prescribe in regulations the medical care that may be
available to family members under this subsection at military
medical treatment facilities.
(4) Recovery of costs.--The United States may recover the
costs of the provision of medical care under this subsection
as follows (as applicable):
(A) From third-party payers, in the same manner as the
United States may collect costs of the charges of health care
provided to covered beneficiaries from third-party payers
under section 1095 of title 10, United States Code.
(B) As if such care was provided under the authority of
section 1784 of title 38, United States Code.
(b) Medical Care at Department of Veterans Affairs Medical
Facilities.--
(1) Medical care.--When a recovering service member is
receiving hospital care and medical services at a medical
facility of the Department of Veterans Affairs, the Secretary
of Veterans Affairs may provide medical care for eligible
family members under this section when that care is readily
available at that Department facility and on a space-
available basis.
(2) Regulations.--The Secretary of Veterans Affairs shall
prescribe in regulations the medical care that may be
available to family members under this subsection at medical
facilities of the Department of Veterans Affairs.

SEC. 1673. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS
OF THE ARMED FORCES DEPLOYED OVERSEAS.

(a) Protocol for Assessment of Cognitive Functioning.--
(1) Protocol required.--Subsection (b) of section 1074f of
title 10, United States Code, is amended--
(A) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) An assessment of post-traumatic stress disorder.'';
and
(B) by adding at the end the following new paragraph:
``(3)(A) The Secretary shall establish for purposes of
subparagraphs (B) and (C) of paragraph (2) a protocol for the
predeployment assessment and documentation of the cognitive
(including memory) functioning of a member who is deployed
outside the United States in order to facilitate the
assessment of the postdeployment cognitive (including memory)
functioning of the member.
``(B) The protocol under subparagraph (A) shall include
appropriate mechanisms to permit the differential diagnosis
of traumatic brain injury in members returning from
deployment in a combat zone.''.
(2) Pilot projects.--(A) In developing the protocol
required by paragraph (3) of section 1074f(b) of title 10,
United States Code (as amended by paragraph (1) of this
subsection), for purposes of assessments for traumatic brain
injury, the Secretary of Defense shall conduct up to three
pilot projects to evaluate various mechanisms for use in the
protocol for such purposes. One of the mechanisms to be so
evaluated shall be a computer-based assessment tool which
shall, at a minimum, include the following:
(i) Administration of computer-based neurocognitive
assessment.
(ii) Pre-deployment assessments to establish a
neurocognitive baseline for members of the Armed Forces for
future treatment.
(B) Not later than 60 days after the completion of the
pilot projects conducted under this paragraph, the Secretary
shall submit to the appropriate committees of Congress a
report on the pilot projects. The report shall include--
(i) a description of the pilot projects so conducted;
(ii) an assessment of the results of each such pilot
project; and
(iii) a description of any mechanisms evaluated under each
such pilot project that will be incorporated into the
protocol.
(C) Not later than 180 days after completion of the pilot
projects conducted under this paragraph, the Secretary shall
establish a means for implementing any mechanism evaluated
under such a pilot project that is selected for incorporation
in the protocol.
(b) Quality Assurance.--Subsection (d)(2) of section 1074f
of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(F) The diagnosis and treatment of traumatic brain injury
and post-traumatic stress disorder.''.
(c) Standards for Deployment.--Subsection (f) of such
section is amended--
(1) in the subsection heading, by striking ``Mental
Health''; and
(2) in paragraph (2)(B), by striking ``or'' and inserting
``, traumatic brain injury, or''.

SEC. 1674. GUARANTEED FUNDING FOR WALTER REED ARMY MEDICAL
CENTER, DISTRICT OF COLUMBIA.

(a) Minimum Funding.--The amount of funds available for the
commander of Walter Reed Army Medical Center, District of
Columbia, for a fiscal year shall be not less than the amount
expended by the commander of Walter Reed Army Medical Center
in fiscal year 2006 until the first fiscal year beginning
after the date on which the Secretary of Defense submits to
the congressional defense committees a plan for the provision
of health care for military beneficiaries and their
dependents in the National Capital Region.
(b) Matters Covered.--The plan under subsection (a) shall
at a minimum include--
(1) the manner in which patients, staff, bed capacity, and
functions will move from the

[[Page H218]]

Walter Reed Army Medical Center to expanded facilities;
(2) a timeline, including milestones, for such moves;
(3) projected budgets, including planned budget transfers,
for military treatment facilities within the region;
(4) the management or disposition of real property of
military treatment facilities within the region; and
(5) staffing projections for the region.
(c) Certification.--After submission of the plan under
subsection (a) to the congressional defense committees, the
Secretary shall certify to such committees on a quarterly
basis that patients, staff, bed capacity, functions, or parts
of functions at Walter Reed Army Medical Center have not been
moved or disestablished until the expanded facilities at the
National Naval Medical Center, Bethesda, Maryland, and DeWitt
Army Community Hospital, Fort Belvoir, Virginia, are
completed, equipped, and staffed with sufficient capacity to
accept and provide, at a minimum, the same level of and
access to care as patients received at Walter Reed Army
Medical Center during fiscal year 2006.
(d) Definitions.--In this section:
(1) The term ``expanded facilities'' means the other two
military hospitals/medical centers within the National
Capital Region, namely--
(A) the National Naval Medical Center, Bethesda, Maryland
(or its successor resulting from implementation of the
recommendations of the 2005 Defense Base Closure and
Realignment Commission); and
(B) the DeWitt Army Community Hospital, Fort Belvoir,
Virginia.
(2) The term ``National Capital Region'' has the meaning
given that term in section 2674(f) of title 10, United States
Code.

SEC. 1675. USE OF LEAVE TRANSFER PROGRAM BY WOUNDED VETERANS
WHO ARE FEDERAL EMPLOYEES.

(a) In General.--Section 6333(b) of title 5, United States
Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The requirement under paragraph (1) relating to
exhaustion of annual and sick leave shall not apply in the
case of a leave recipient who--
``(i) sustains a combat-related disability while a member
of the armed forces, including a reserve component of the
armed forces; and
``(ii) is undergoing medical treatment for that disability.
``(B) Subparagraph (A) shall apply to a member described in
such subparagraph only so long as the member continues to
undergo medical treatment for the disability, but in no event
for longer than 5 years from the start of such treatment.
``(C) For purposes of this paragraph--
``(i) the term `combat-related disability' has the meaning
given such term by section 1413a(e) of title 10; and
``(ii) the term `medical treatment' has such meaning as the
Office of Personnel Management shall by regulation
prescribe.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act,
except that, in the case of a leave recipient who is
undergoing medical treatment on such date of enactment,
section 6333(b)(2)(B) of title 5, United States Code (as
amended by this section) shall be applied as if it had been
amended by inserting ``or the date of the enactment of this
subsection, whichever is later'' after ``the start of such
treatment''.

SEC. 1676. MORATORIUM ON CONVERSION TO CONTRACTOR PERFORMANCE
OF DEPARTMENT OF DEFENSE FUNCTIONS AT MILITARY
MEDICAL FACILITIES.

(a) Moratorium.--No study or competition may be begun or
announced pursuant to section 2461 of title 10, United States
Code, or otherwise pursuant to Office of Management and
Budget circular A-76, relating to the possible conversion to
performance by a contractor of any Department of Defense
function carried out at a military medical facility until the
Secretary of Defense--
(1) submits the certification required by subsection (b) to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
together with a description of the steps taken by the
Secretary in accordance with the certification; and
(2) submits the report required by subsection (c).
(b) Certification.--The certification referred to in
paragraph (a)(1) is a certification that the Secretary has
taken appropriate steps to ensure that neither the quality of
military medical care nor the availability of qualified
personnel to carry out Department of Defense functions
related to military medical care will be adversely affected
by either--
(1) the process of considering a Department of Defense
function carried out at a military medical facility for
possible conversion to performance by a contractor; or
(2) the conversion of such a function to performance by a
contractor.
(c) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the public-private competitions
being conducted for Department of Defense functions carried
out at military medical facilities as of the date of the
enactment of this Act by each military department and defense
agency. Such report shall include--
(1) for each such competition--
(A) the cost of conducting the public-private competition;
(B) the number of military personnel and civilian employees
of the Department of Defense affected;
(C) the estimated savings identified and the savings
actually achieved;
(D) an evaluation whether the anticipated and budgeted
savings can be achieved through a public-private competition;
and
(E) the effect of converting the performance of the
function to performance by a contractor on the quality of the
performance of the function; and
(2) an assessment of whether any method of business reform
or reengineering other than a public-private competition
could, if implemented in the future, achieve any anticipated
or budgeted savings.

TITLE XVII--VETERANS MATTERS

SEC. 1701. SENSE OF CONGRESS ON DEPARTMENT OF VETERANS
AFFAIRS EFFORTS IN THE REHABILITATION AND
REINTEGRATION OF VETERANS WITH TRAUMATIC BRAIN
INJURY.

It is the sense of Congress that--
(1) the Department of Veterans Affairs is a leader in the
field of traumatic brain injury care and coordination of such
care;
(2) the Department of Veterans Affairs should have the
capacity and expertise to provide veterans who have a
traumatic brain injury with patient-centered health care,
rehabilitation, and community integration services that are
comparable to or exceed similar care and services available
to persons with such injuries in the academic and private
sector;
(3) rehabilitation for veterans who have a traumatic brain
injury should be individualized, comprehensive, and
interdisciplinary with the goals of optimizing the
independence of such veterans and reintegrating them into
their communities;
(4) family support is integral to the rehabilitation and
community reintegration of veterans who have sustained a
traumatic brain injury, and the Department should provide the
families of such veterans with education and support;
(5) the Department of Defense and the Department of
Veterans Affairs have made efforts to provide a smooth
transition of medical care and rehabilitative services to
individuals as they transition from the health care system of
the Department of Defense to that of the Department of
Veterans Affairs, but more can be done to assist veterans and
their families in the continuum of the rehabilitation,
recovery, and reintegration of wounded or injured veterans
into their communities;
(6) in planning for rehabilitation and community
reintegration of veterans who have a traumatic brain injury,
it is necessary for the Department of Veterans Affairs to
provide a system for life-long case management for such
veterans; and
(7) in such system for life-long case management, it is
necessary to conduct outreach and to tailor specialized
traumatic brain injury case management and outreach to the
unique needs of veterans with traumatic brain injury who
reside in urban and non-urban settings.

SEC. 1702. INDIVIDUAL REHABILITATION AND COMMUNITY
REINTEGRATION PLANS FOR VETERANS AND OTHERS
WITH TRAUMATIC BRAIN INJURY.

(a) In General.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by inserting after section
1710B the following new sections:

[[Page H219]]

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

``(a) Plan Required.--The Secretary shall, for each
individual who is a veteran or member of the Armed Forces who
receives inpatient or outpatient rehabilitative hospital care
or medical services provided by the Department for a
traumatic brain injury--
``(1) develop an individualized plan for the rehabilitation
and reintegration of the individual into the community; and
``(2) provide such plan in writing to the individual--
``(A) in the case of an individual receiving inpatient
care, before the individual is discharged from inpatient care
or after the individual's transition from serving on active
duty as a member of the Armed Forces to receiving outpatient
care provided by the Department; or
``(B) as soon as practicable following a diagnosis of
traumatic brain injury by a Department health care provider.
``(b) Contents of Plan.--Each plan developed under
subsection (a) shall include, for the individual covered by
such plan, the following:
``(1) Rehabilitation objectives for improving the physical,
cognitive, and vocational functioning of the individual with
the goal of maximizing the independence and reintegration of
such individual into the community.
``(2) Access, as warranted, to all appropriate
rehabilitative components of the traumatic brain injury
continuum of care, and where appropriate, to long-term care
services.
``(3) A description of specific rehabilitative treatments
and other services to achieve the objectives described in
paragraph (1), which shall set forth the type, frequency,
duration, and location of such treatments and services.
``(4) The name of the case manager designated in accordance
with subsection (d) to be responsible for the implementation
of such plan.
``(5) Dates on which the effectiveness of such plan will be
reviewed in accordance with subsection (f).
``(c) Comprehensive Assessment.--(1) Each plan developed
under subsection (a) shall be based on a comprehensive
assessment, developed in accordance with paragraph (2), of--
``(A) the physical, cognitive, vocational, and
neuropsychological and social impairments of the individual;
and
``(B) the family education and family support needs of the
individual after the individual is discharged from inpatient
care or at the commencement of and during the receipt of
outpatient care and services.
``(2) The comprehensive assessment required under paragraph
(1) with respect to an individual is a comprehensive
assessment of the matters set forth in that paragraph by a
team, composed by the Secretary for purposes of the
assessment, of individuals with expertise in traumatic brain
injury, including any of the following:
``(A) A neurologist.
``(B) A rehabilitation physician.
``(C) A social worker.
``(D) A neuropsychologist.
``(E) A physical therapist.
``(F) A vocational rehabilitation specialist.
``(G) An occupational therapist.
``(H) A speech language pathologist.
``(I) A rehabilitation nurse.
``(J) An educational therapist.
``(K) An audiologist.
``(L) A blind rehabilitation specialist.
``(M) A recreational therapist.
``(N) A low vision optometrist.
``(O) An orthotist or prosthetist.
``(P) An assistive technologist or rehabilitation engineer.
``(Q) An otolaryngology physician.
``(R) A dietician.
``(S) An ophthalmologist.
``(T) A psychiatrist.
``(d) Case Manager.--(1) The Secretary shall designate a
case manager for each individual described in subsection (a)
to be responsible for the implementation of the plan
developed for that individual under that subsection and the
coordination of the individual's medical care.
``(2) The Secretary shall ensure that each case manager has
specific expertise in the care required by the individual for
whom the case manager is designated, regardless of whether
the case manager obtains such expertise through experience,
education, or training.
``(e) Participation and Collaboration in Development of
Plans.--(1) The Secretary shall involve each individual
described in subsection (a), and the family or legal guardian
of such individual, in the development of the plan for such
individual under that subsection to the maximum extent
practicable.
``(2) The Secretary shall collaborate in the development of
a plan for an individual under subsection (a) with a State
protection and advocacy system if--
``(A) the individual covered by the plan requests such
collaboration; or
``(B) in the case of such an individual who is
incapacitated, the family or guardian of the individual
requests such collaboration.
``(3) In the case of a plan required by subsection (a) for
a member of the Armed Forces who is serving on active duty,
the Secretary shall collaborate with the Secretary of Defense
in the development of such plan.
``(4) In developing vocational rehabilitation objectives
required under subsection (b)(1) and in conducting the
assessment required under subsection (c), the Secretary shall
act through the Under Secretary for Health in coordination
with the Vocational Rehabilitation and Employment Service of
the Department of Veterans Affairs.
``(f) Evaluation.--
``(1) Periodic review by secretary.--The Secretary shall
periodically review the effectiveness of each plan developed
under subsection (a). The Secretary shall refine each such
plan as the Secretary considers appropriate in light of such
review.
``(2) Request for review by veterans.--In addition to the
periodic review required by paragraph (1), the Secretary
shall conduct a review of the plan for an individual under
paragraph (1) at the request of the individual, or in the
case of an individual who is incapacitated, at the request of
the guardian or designee of the individual.
``(g) State Designated Protection and Advocacy System
Defined.--In this section, the term `State protection and
advocacy system' means a system established in a State under
subtitle C of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.) to
protect and advocate for the rights of persons with
development disabilities.

``Sec. 1710D. Traumatic brain injury: comprehensive program
for long-term rehabilitation

``(a) Comprehensive Program.--In developing plans for the
rehabilitation and reintegration of individuals with
traumatic brain injury under section 1710C of this title, the
Secretary shall develop and carry out a comprehensive program
of long-term care for post-acute traumatic brain injury
rehabilitation that includes residential, community, and
home-based components utilizing interdisciplinary treatment
teams.
``(b) Location of Program.--The Secretary shall carry out
the program developed under subsection (a) in each Department
polytrauma rehabilitation center designated by the Secretary.
``(c) Eligibility.--A veteran is eligible for care under
the program developed under subsection (a) if the veteran is
otherwise eligible to receive hospital care and medical
services under section 1710 of this title and--
``(1) served on active duty in a theater of combat
operations (as determined by the Secretary in consultation
with the Secretary of Defense) during a period of war after
the Persian Gulf War, or in combat against a hostile force
during a period of hostilities (as defined in section
1712A(a)(2)(B) of this title) after November 11, 1998;
``(2) is diagnosed as suffering from moderate to severe
traumatic brain injury; and
``(3) is unable to manage routine activities of daily
living without supervision or assistance, as determined by
the Secretary.
``(d) Report.--Not later than one year after the date of
the enactment of this section, and annually thereafter, the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and the House of Representatives a report
containing the following information:
``(1) A description of the operation of the program.
``(2) The number of veterans provided care under the
program during the year preceding such report.
``(3) The cost of operating the program during the year
preceding such report.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1710B the following new items:

``1710C. Traumatic brain injury: plans for rehabilitation and
reintegration into the community.
``1710D. Traumatic brain injury: comprehensive plan for long-term
rehabilitation.''.

SEC. 1703. USE OF NON-DEPARTMENT OF VETERANS AFFAIRS
FACILITIES FOR IMPLEMENTATION OF REHABILITATION
AND COMMUNITY REINTEGRATION PLANS FOR TRAUMATIC
BRAIN INJURY.

(a) In General.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by inserting after section
1710D, as added by section 1702, the following new section:

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

``(a) Cooperative Agreements.--The Secretary, in
implementing and carrying out a plan developed under section
1710C of this title, may provide hospital care and medical
services through cooperative agreements with appropriate
public or private entities that have established long-term
neurobehavioral rehabilitation and recovery programs.
``(b) Authorities of State Protection and Advocacy
Systems.--Nothing in subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 shall
be construed as preventing a State protection and advocacy
system (as defined in section 1710C(g) of this title) from
exercising the authorities described in such subtitle with
respect to individuals provided rehabilitative treatment or
services under section 1710C of this title in a non-
Department facility.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1710D, as added by section 1702, the
following new item:

``1710E. Traumatic brain injury: use of non-Departmental facilities for
rehabilitation.''.

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

(a) In General.--To improve the provision of health care by
the Department of Veterans Affairs to veterans with traumatic

[[Page H220]]

brain injuries, the Secretary of Veterans Affairs shall--
(1) conduct research, including--
(A) research on the sequelae of mild to severe forms of
traumatic brain injury;
(B) research on visually-related neurological conditions;
(C) research on seizure disorders;
(D) research on means of improving the diagnosis,
rehabilitative treatment, and prevention of such sequelae;
(E) research to determine the most effective cognitive and
physical therapies for such sequelae;
(F) research on dual diagnosis of post-traumatic stress
disorder and traumatic brain injury;
(G) research on improving facilities of the Department
concentrating on traumatic brain injury care; and
(H) research on improving the delivery of traumatic brain
injury care by the Department;
(2) educate and train health care personnel of the
Department in recognizing and treating traumatic brain
injury; and
(3) develop improved models and systems for the furnishing
of traumatic brain injury care by the Department.
(b) Collaboration.--In carrying out research under
subsection (a), the Secretary of Veterans Affairs shall
collaborate with--
(1) facilities that conduct research on rehabilitation for
individuals with traumatic brain injury;
(2) facilities that receive grants for such research from
the National Institute on Disability and Rehabilitation
Research of the Department of Education; and
(3) the Defense and Veterans Brain Injury Center of the
Department of Defense and other relevant programs of the
Federal Government (including Centers of Excellence).
(c) Dissemination of Useful Information.--The Under
Secretary of Veterans Affairs for Health shall ensure that
information produced by the research, education and training,
and clinical activities conducted under this section that may
be useful for other activities of the Veterans Health
Administration is disseminated throughout the Veterans Health
Administration.
(d) Traumatic Brain Injury Registry.--
(1) In general.--The Secretary of Veterans Affairs shall
establish and maintain a registry to be known as the
``Traumatic Brain Injury Veterans Health Registry'' (in this
section referred to as the ``Registry'').
(2) Description.--The Registry shall include the following
information:
(A) A list containing the name of each individual who
served as a member of the Armed Forces in Operation Enduring
Freedom or Operation Iraqi Freedom who exhibits symptoms
associated with traumatic brain injury, as determined by the
Secretary of Veterans Affairs, and who--
(i) applies for care and services furnished by the
Department of Veterans Affairs under chapter 17 of title 38,
United States Code; or
(ii) files a claim for compensation under chapter 11 of
such title on the basis of any disability which may be
associated with such service.
(B) Any relevant medical data relating to the health status
of an individual described in subparagraph (A) and any other
information the Secretary considers relevant and appropriate
with respect to such an individual if the individual--
(i) grants permission to the Secretary to include such
information in the Registry; or
(ii) is deceased at the time such individual is listed in
the Registry.
(3) Notification.--When possible, the Secretary shall
notify each individual listed in the Registry of significant
developments in research on the health consequences of
military service in the Operation Enduring Freedom and
Operation Iraqi Freedom theaters of operations.

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

(a) Pilot Program.--Beginning not later than 90 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs, in collaboration with the Defense and
Veterans Brain Injury Center of the Department of Defense,
shall carry out a five-year pilot program to assess the
effectiveness of providing assisted living services to
eligible veterans to enhance the rehabilitation, quality of
life, and community integration of such veterans.
(b) Program Locations.--
(1) In general.--The pilot program shall be carried out at
locations selected by the Secretary for purposes of the pilot
program. Of the locations so selected--
(A) at least one location shall be in each health care
region of the Veterans Health Administration of the
Department of Veterans Affairs that contains a polytrauma
center of the Department of Veterans Affairs; and
(B) any location other than a location described in
subparagraph (A) shall be in an area that contains a high
concentration of veterans with traumatic brain injuries, as
determined by the Secretary.
(2) Special consideration for veterans in rural areas.--The
Secretary shall give special consideration to providing
veterans in rural areas with an opportunity to participate in
the pilot program.
(c) Provision of Assisted Living Services.--
(1) Agreements.--In carrying out the pilot program, the
Secretary may enter into agreements for the provision of
assisted living services on behalf of eligible veterans with
a provider participating under a State plan or waiver under
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.).
(2) Standards.--The Secretary may not place, transfer, or
admit a veteran to any facility for assisted living services
under the pilot program unless the Secretary determines that
the facility meets such standards as the Secretary may
prescribe for purposes of the pilot program. Such standards
shall, to the extent practicable, be consistent with the
standards of Federal, State, and local agencies charged with
the responsibility of licensing or otherwise regulating or
inspecting such facilities.
(d) Continuation of Case Management and Rehabilitation
Services.--In carrying out the pilot program, the Secretary
shall--
(1) continue to provide each veteran who is receiving
assisted living services under the pilot program with
rehabilitative services; and
(2) designate employees of the Veterans Health
Administration of the Department of Veterans Affairs to
furnish case management services for veterans participating
in the pilot program.
(e) Report.--
(1) In general.--Not later than 60 days after the
completion of the pilot program, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the pilot program.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the pilot program.
(B) An assessment of the utility of the activities under
the pilot program in enhancing the rehabilitation, quality of
life, and community reintegration of veterans with traumatic
brain injury.
(C) Such recommendations as the Secretary considers
appropriate regarding the extension or expansion of the pilot
program.
(f) Definitions.--In this section:
(1) The term ``assisted living services'' means services of
a facility in providing room, board, and personal care for
and supervision of residents for their health, safety, and
welfare.
(2) The term ``case management services'' includes the
coordination and facilitation of all services furnished to a
veteran by the Department of Veterans Affairs, either
directly or through a contract, including assessment of
needs, planning, referral (including referral for services to
be furnished by the Department, either directly or through a
contract, or by an entity other than the Department),
monitoring, reassessment, and followup.
(3) The term ``eligible veteran'' means a veteran who--
(A) is enrolled in the patient enrollment system of the
Department of Veterans Affairs under section 1705 of title
38, United States Code;
(B) has received hospital care or medical services provided
by the Department of Veterans Affairs for a traumatic brain
injury;
(C) is unable to manage routine activities of daily living
without supervision and assistance, as determined by the
Secretary; and
(D) could reasonably be expected to receive ongoing
services after the end of the pilot program under this
section under another program of the Federal Government or
through other means, as determined by the Secretary.

SEC. 1706. PROVISION OF AGE-APPROPRIATE NURSING HOME CARE.

(a) Finding.--Congress finds that young veterans who are
injured or disabled through military service and require
long-term care should have access to age-appropriate nursing
home care.
(b) Requirement to Provide Age-Appropriate Nursing Home
Care.--Section 1710A of title 38, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) The Secretary shall ensure that nursing home care
provided under subsection (a) is provided in an age-
appropriate manner.''.

SEC. 1707. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE
FOR VETERANS OF COMBAT SERVICE DURING CERTAIN
PERIODS OF HOSTILITIES AND WAR.

Subparagraph (C) of section 1710(e)(3) of title 38, United
States Code, is amended to read as follows:
``(C) in the case of care for a veteran described in
paragraph (1)(D) who--
``(i) is discharged or released from the active military,
naval, or air service after the date that is five years
before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2008, after a period of
five years beginning on the date of such discharge or
release; or
``(ii) is so discharged or released more than five years
before the date of the enactment of that Act and who did not
enroll in the patient enrollment system under section 1705 of
this title before such date, after a period of three years
beginning on the date of the enactment of that Act; and''.

SEC. 1708. SERVICE-CONNECTION AND ASSESSMENTS FOR MENTAL
HEALTH CONDITIONS IN VETERANS.

(a) Presumption of Service-Connection for Mental Illness in
Persian Gulf War Veterans.--
(1) In general.--Section 1702 of title 38, United States
Code, is amended--
(A) by inserting ``(a) Psychosis.--'' before ``For the
purposes''; and
(B) by adding at the end the following new subsection:

[[Page H221]]

``(b) Mental Illness.--For purposes of this chapter, any
veteran of the Persian Gulf War who develops an active mental
illness (other than psychosis) shall be deemed to have
incurred such disability in the active military, naval, or
air service if such veteran develops such disability--
``(1) within two years after discharge or release from the
active military, naval, or air service; and
``(2) before the end of the two-year period beginning on
the last day of the Persian Gulf War.''.
(2) Heading amendment.--The heading of such section is
amended to read as follows:

``Sec. 1702. Presumptions: psychosis after service in World
War II and following periods of war; mental illness after
service in the Persian Gulf War''.

(3) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by striking
the item relating to section 1702 and inserting the following
new item:

``1702. Presumptions: psychosis after service in World War II and
following periods of war; mental illness following
service in the Persian Gulf War.''.

(b) Provision of Mental Health Assessments for Certain
Veterans.--Section 1712A(a) of such title is amended--
(1) in paragraph (1)(B), by adding at the end the following
new clause:
``(iii) Any veteran who served on active duty--
``(I) in a theater of combat operations (as determined by
the Secretary in consultation with the Secretary of Defense)
during a period of war after the Persian Gulf War; or
``(II) in combat against a hostile force during a period of
hostilities (as defined in paragraph (2)(B)) after November
11, 1998.''; and
(2) by adding at the end the following new paragraph:
``(3) Upon request of a veteran described in paragraph
(1)(B)(iii), the Secretary shall provide the veteran a
preliminary general mental health assessment as soon as
practicable after receiving the request, but not later than
30 days after receiving the request.''.

SEC. 1709. MODIFICATION OF REQUIREMENTS FOR FURNISHING
OUTPATIENT DENTAL SERVICES TO VETERANS WITH
SERVICE-CONNECTED DENTAL CONDITIONS OR
DISABILITIES.

Section 1712(a)(1)(B)(iii) of title 38, United States Code,
is amended--
(1) by striking ``90 days after such discharge'' and
inserting ``180 days after such discharge'';
(2) by striking ``90 days from the date of such veteran's
subsequent discharge'' and inserting ``180 days from the date
of such veteran's subsequent discharge''; and
(3) by striking ``90 days after the date of correction''
and inserting ``180 days after the date of correction''.

SEC. 1710. CLARIFICATION OF PURPOSE OF OUTREACH SERVICES
PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.

(a) Clarification of Inclusion of Members of the National
Guard and Reserve in Program.--Subsection (a)(1) of section
6301 of title 38, United States Code, is amended by inserting
``, or from a reserve component,'' after ``active military,
naval, or air service''.
(b) Definition of Outreach.--Subsection (b) of such section
is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2) the following new
paragraph (1):
``(1) the term `outreach' means the act or process of
reaching out in a systematic manner to proactively provide
information, services, and benefits counseling to veterans,
and to the spouses, children, and parents of veterans who may
be eligible to receive benefits under the laws administered
by the Secretary, to ensure that such individuals are fully
informed about, and receive assistance in applying for, such
benefits;''.

SEC. 1711. DESIGNATION OF FIDUCIARY OR TRUSTEE FOR PURPOSES
OF TRAUMATIC SERVICEMEMBERS' GROUP LIFE
INSURANCE.

Section 1980A of title 38, United States Code, is amended
by adding at the end the following new subsection:
``(k) Designation of Fiduciary or Trustee.--(1) The
Secretary concerned, in consultation with the Secretary,
shall develop a process for the designation of a fiduciary or
trustee of a member of the uniformed services who is insured
against traumatic injury under this section. The fiduciary or
trustee so designated would receive a payment for a
qualifying loss under this section if the member is medically
incapacitated (as determined pursuant to regulations
prescribed by the Secretary concerned in consultation with
the Secretary) or experiencing an extended loss of
consciousness.
``(2) The process under paragraph (1) may require each
member of the uniformed services who is insured under this
section to--
``(A) designate an individual as the member's fiduciary or
trustee for purposes of subsection (a); or
``(B) elect that a court of proper jurisdiction designate
an individual as the member's fiduciary or trustee for
purposes of subsection (a) in the event that the member
becomes medically incapacitated or experiences an extended
loss of consciousness.''.

TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS

Sec. 1801. Short title.

Subtitle A--National Guard Bureau

Subtitle B--Additional Reserve Component Enhancement

SEC. 1801. SHORT TITLE.

This title may be cited as the ``National Guard Empowerment
Act of 2007''.

Subtitle A--National Guard Bureau

SEC. 1811. APPOINTMENT, GRADE, DUTIES, AND RETIREMENT OF THE
CHIEF OF THE NATIONAL GUARD BUREAU.

(a) Appointment.--Subsection (a) of section 10502 of title
10, United States Code, is amended by striking paragraphs (1)
through (3) and inserting the following new paragraphs:
``(1) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(2) are recommended for such appointment by the Secretary
of the Army or the Secretary of the Air Force;
``(3) have had at least 10 years of federally recognized
commissioned service in an active status in the National
Guard;
``(4) are in a grade above the grade of brigadier general;
``(5) are determined by the Chairman of the Joint Chiefs of
Staff, in accordance with criteria and as a result of a
process established by the Chairman, to have significant
joint duty experience;
``(6) are determined by the Secretary of Defense to have
successfully completed such other assignments and experiences
so as to possess a detailed understanding of the status and
capabilities of National Guard forces and the missions of the
National Guard Bureau as set forth in section 10503 of this
title;
``(7) have a level of operational experience in a position
of significant responsibility, professional military
education, and demonstrated expertise in national defense and
homeland defense matters that are commensurate with the
advisory role of the Chief of the National Guard Bureau; and
``(8) possess such other qualifications as the Secretary of
Defense shall prescribe for purposes of this section.''.
(b) Grade.--Subsection (d) of such section is amended by
striking ``lieutenant general'' and inserting ``general''.
(c) Repeal of Age 64 Limitation on Service.--Subsection (b)
of such section is amended by striking ``An officer may not
hold that office after becoming 64 years of age.''.
(d) Advisory Duties.--Subsection (c) of such section is
amended to read as follows:
``(c) Advisor on National Guard Matters.--The Chief of the
National Guard Bureau is--
``(1) a principal advisor to the Secretary of Defense,
through the Chairman of the Joint Chiefs of Staff, on matters
involving non-federalized National Guard forces and on other
matters as determined by the Secretary of Defense; and
``(2) the principal adviser to the Secretary of the Army
and the Chief of Staff of the Army, and to the Secretary of
the Air Force and the Chief of Staff of the Air Force, on
matters relating to the National Guard, the Army National
Guard of the United States, and the Air National Guard of the
United States.''.

SEC. 1812. ESTABLISHMENT OF NATIONAL GUARD BUREAU AS JOINT
ACTIVITY OF THE DEPARTMENT OF DEFENSE.

(a) Joint Activity of the Department of Defense.--
Subsection (a) of section 10501 of title 10, United States
Code, is amended by striking ``joint bureau of the Department
of the Army and the Department of the Air Force'' and
inserting ``joint activity of the Department of Defense''.
(b) Joint Manpower Requirements.--
(1) In general.--Chapter 1011 of such title is amended by
adding at the end the following new section:

``Sec. 10508. National Guard Bureau: general provisions

``The manpower requirements of the National Guard Bureau as
a joint activity of the Department of Defense shall be
determined in accordance with regulations prescribed by the
Secretary of Defense, in consultation with the Chairman of
the Joint Chiefs of Staff.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is

[[Page H222]]

amended by adding at the end the following new item:

``10508. National Guard Bureau: general provisions.''.

SEC. 1813. ENHANCEMENT OF FUNCTIONS OF THE NATIONAL GUARD
BUREAU.

(a) Additional General Functions.--Section 10503 of title
10, United States Code, is amended--
(1) by redesignating paragraph (12) as paragraph (14) and
inserting before such paragraph (14) the following new
paragraph (13):
``(13)(A) Assisting the Secretary of Defense in
facilitating and coordinating with the entities listed in
subparagraph (B) the use of National Guard personnel and
resources for operations conducted under title 32, or in
support of State missions.
``(B) The entities listed in this subparagraph for purposes
of subparagraph (A) are the following:
``(i) Other Federal agencies.
``(ii) The Adjutants General of the States.
``(iii) The United States Joint Forces Command.
``(iv) The combatant command the geographic area of
responsibility of which includes the United States.'';
(2) by redesignating paragraphs (2) through (11) as
paragraphs (3) through (12), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The role of the National Guard Bureau in support of
the Secretary of the Army and the Secretary of the Air
Force.''.
(b) Charter Developed and Prescribed by Secretary of
Defense.--Section 10503 of such title is further amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary of the Army and the
Secretary of the Air Force shall jointly develop'' and
inserting ``The Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff, the Secretary of
the Army, and the Secretary of the Air Force, shall
develop''; and
(B) by striking ``cover'' in the second sentence and
inserting ``reflect the full scope of the duties and
activities of the Bureau, including''; and
(2) in paragraph (14), as redesignated by subsection
(a)(1), by striking ``the Secretaries'' and inserting ``the
Secretary of Defense''.
(c) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section 10503 of
such title is amended to read as follows:

``Sec. 10503. Functions of National Guard Bureau: charter''.

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

``10503. Functions of National Guard Bureau: charter.''.

SEC. 1814. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE
PLAN FOR RESPONSE TO NATURAL DISASTERS AND
TERRORIST EVENTS.

(a) Requirement for Plan.--
(1) In general.--Not later than June 1, 2008, the Secretary
of Defense, in consultation with the Secretary of Homeland
Security, the Chairman of the Joint Chiefs of Staff, the
commander of the United States Northern Command, and the
Chief of the National Guard Bureau, shall prepare and submit
to Congress a plan for coordinating the use of the National
Guard and members of the Armed Forces on active duty when
responding to natural disasters, acts of terrorism, and other
man-made disasters as identified in the national planning
scenarios described in subsection (e).
(2) Update.--Not later than June 1, 2010, the Secretary, in
consultation with the persons consulted under paragraph (1),
shall submit to Congress an update of the plan required under
paragraph (1).
(b) Information To Be Provided to Secretary.--To assist the
Secretary of Defense in preparing the plan, the National
Guard Bureau, pursuant to its purpose as channel of
communications as set forth in section 10501(b) of title 10,
United States Code, shall provide to the Secretary
information gathered from Governors, adjutants general of
States, and other State civil authorities responsible for
homeland preparation and response to natural and man-made
disasters.
(c) Two Versions.--The plan shall set forth two versions of
response, one using only members of the National Guard, and
one using both members of the National Guard and members of
the regular components of the Armed Forces.
(d) Matters Covered.--The plan shall cover, at a minimum,
the following:
(1) Protocols for the Department of Defense, the National
Guard Bureau, and the Governors of the several States to
carry out operations in coordination with each other and to
ensure that Governors and local communities are properly
informed and remain in control in their respective States and
communities.
(2) An identification of operational procedures, command
structures, and lines of communication to ensure a
coordinated, efficient response to contingencies.
(3) An identification of the training and equipment needed
for both National Guard personnel and members of the Armed
Forces on active duty to provide military assistance to civil
authorities and for other domestic operations to respond to
hazards identified in the national planning scenarios.
(e) National Planning Scenarios.--The plan shall provide
for response to the following hazards:
(1) Nuclear detonation, biological attack, biological
disease outbreak/pandemic flu, the plague, chemical attack-
blister agent, chemical attack-toxic industrial chemicals,
chemical attack-nerve agent, chemical attack-chlorine tank
explosion, major hurricane, major earthquake, radiological
attack-radiological dispersal device, explosives attack-
bombing using improvised explosive device, biological attack-
food contamination, biological attack-foreign animal disease
and cyber attack.
(2) Any other hazards identified in a national planning
scenario developed by the Homeland Security Council.

SEC. 1815. DETERMINATION OF DEPARTMENT OF DEFENSE CIVIL
SUPPORT REQUIREMENTS.

(a) Determination of Requirements.--The Secretary of
Defense, in consultation with the Secretary of Homeland
Security, shall determine the military-unique capabilities
needed to be provided by the Department of Defense to support
civil authorities in an incident of national significance or
a catastrophic incident.
(b) Plan for Funding Capabilities.--
(1) Plan.--The Secretary of Defense shall develop and
implement a plan, in coordination with the Secretaries of the
military departments and the Chairman of the Joint Chiefs of
Staff, for providing the funds and resources necessary to
develop and maintain the following:
(A) The military-unique capabilities determined under
subsection (a).
(B) Any additional capabilities determined by the Secretary
to be necessary to support the use of the active components
and the reserve components of the Armed Forces for homeland
defense missions, domestic emergency responses, and providing
military support to civil authorities.
(2) Term of plan.--The plan required under paragraph (1)
shall cover at least five years.
(c) Budget.--The Secretary of Defense shall include in the
materials accompanying the budget submitted for each fiscal
year a request for funds necessary to carry out the plan
required under subsection (b) during the fiscal year covered
by the budget. The defense budget materials shall delineate
and explain the budget treatment of the plan for each
component of each military department, each combatant
command, and each affected Defense Agency.
(d) Definitions.--In this section:
(1) The term ``military-unique capabilities'' means those
capabilities that, in the view of the Secretary of Defense--
(A) cannot be provided by other Federal, State, or local
civilian agencies; and
(B) are essential to provide support to civil authorities
in an incident of national significance or a catastrophic
incident.
(2) The term ``defense budget materials'', with respect to
a fiscal year, means the materials submitted to Congress by
the Secretary of Defense in support of the budget for that
fiscal year.
(e) Strategic Planning Guidance.--Section 113(g)(2) of
title 10, United States Code, is amended by striking
``contingency plans'' at the end of the first sentence and
inserting the following: ``contingency plans, including plans
for providing support to civil authorities in an incident of
national significance or a catastrophic incident, for
homeland defense, and for military support to civil
authorities''.

Subtitle B--Additional Reserve Component Enhancement

SEC. 1821. UNITED STATES NORTHERN COMMAND.

(a) Manpower Review.--
(1) Review by chairman of the joint chiefs of staff.--Not
later than one year after the date of the enactment of this
Act, the Chairman of the Joint Chiefs of Staff shall submit
to the Secretary of Defense a review of the civilian and
military positions, job descriptions, and assignments within
the United States Northern Command with the goal of
determining the feasibility of significantly increasing the
number of members of a reserve component assigned to, and
civilians employed by, the United States Northern Command who
have experience in the planning, training, and employment of
forces for homeland defense missions, domestic emergency
response, and providing military support to civil
authorities.
(2) Submission of results of review.--Not later than 90
days after the date on which the Secretary of Defense
receives the results of the review under paragraph (1), the
Secretary shall submit to Congress a copy of the results of
the review, together with such recommendations as the
Secretary considers appropriate to achieve the objectives of
the review.
(b) Definition.--In this section, the term ``United States
Northern Command'' means the combatant command the geographic
area of responsibility of which includes the United States.

SEC. 1822. COUNCIL OF GOVERNORS.

The President shall establish a bipartisan Council of
Governors to advise the Secretary of Defense, the Secretary
of Homeland Security, and the White House Homeland Security
Council on matters related to the National Guard and civil
support missions.

SEC. 1823. PLAN FOR RESERVE FORCES POLICY BOARD.

(a) Plan.--The Secretary of Defense shall develop a plan to
implement revisions that the Secretary determines necessary
in the designation, organization, membership, functions,
procedures, and legislative framework

[[Page H223]]

of the Reserve Forces Policy Board. The plan--
(1) shall be consistent with the findings, conclusions, and
recommendations included in Part III E of the Report of the
Commission on the National Guard and Reserves of March 1,
2007; and
(2) to the extent possible, shall take into account the
views and recommendations of civilian and military leaders,
past chairmen of the Reserve Forces Policy Board, private
organizations with expertise and interest in Department of
Defense organization, and other individuals or groups in the
discretion of the Secretary.
(b) Report.--Not later than July 1, 2008, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
plan developed under subsection (a), including such
recommendations for legislation as the Secretary considers
necessary.

SEC. 1824. HIGH-LEVEL POSITIONS AUTHORIZED OR REQUIRED TO BE
HELD BY RESERVE COMPONENT GENERAL OR FLAG
OFFICERS.

(a) Sense of Congress.--It is the sense of Congress that,
whenever officers of the Armed Forces are considered for
promotion to the grade of lieutenant general, or vice admiral
in the case of the Navy, on the active duty list, officers in
the reserve components of the Armed Forces who are eligible
for promotion to such grade should be considered for
promotion to such grade.
(b) National Guard Officer as Deputy Commander of United
States Northern Command.--Section 164(e) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(4) At least one deputy commander of the combatant
command the geographic area of responsibility of which
includes the United States shall be a qualified officer of
the National Guard who is eligible for promotion to the grade
of O-9, unless a National Guard officer is serving as
commander of that combatant command.''.
(c) Increase in Number of Unified and Specified Combatant
Command Positions for Reserve Component Officers.--Section
526(b)(2)(A) of such title is amended by striking ``10
general and flag officer positions on the staffs of the
commanders of'' and inserting ``15 general and flag officer
positions in''.

SEC. 1825. RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS ON
CERTAIN RESERVE GENERAL AND FLAG OFFICERS.

(a) Retirement for Age.--
(1) Inclusion of reserve generals and admirals.--Section
14511 of title 10, United States Code, is amended to read as
follows:

``Sec. 14511. Separation at age 64: officers in grade of
major general or rear admiral and above

``(a) Separation Required.--Unless retired, transferred to
the Retired Reserve, or discharged at an earlier date, each
reserve officer of the Army, Air Force, or Marine Corps in
the grade of major general or above and each reserve officer
of the Navy in the grade of rear admiral or above shall be
separated in accordance with section 14515 of this title on
the last day of the month in which the officer becomes 64
years of age.
``(b) Exception for Officers Serving in O-9 and O-10
Positions.--The retirement of a reserve officer of the Army,
Air Force, or Marine Corps in the grade of lieutenant general
or general, or a reserve officer of the Navy in the grade of
vice admiral or admiral, under subsection (a) may be
deferred--
``(1) by the President, but such a deferment may not extend
beyond the first day of the month following the month in
which the officer becomes 68 years of age; or
``(2) by the Secretary of Defense, but such a deferment may
not extend beyond the first day of the month following the
month in which the officer becomes 66 years of age.
``(c) Exception for Officers Holding Certain Offices.--This
section does not apply to an officer covered by section 14512
of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1407 of such title is amended by
striking the item relating to section 14511 and inserting the
following new item:

``14511. Separation at age 64: officers in grade of major general or
rear admiral and above.''.

(b) Conforming Amendments and Reserve Officers Holding
Certain Other Offices.--Section 14512 of such title is
amended--
(1) in subsection (a)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (A), (B), and (C), respectively; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``The Secretary''; and
(B) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may defer the retirement of
a reserve officer serving in the position of Chief of the
Navy Reserve or Commander of the Marine Forces Reserve, but
such deferment may not extend beyond the first day of the
month following the month in which the officer becomes 66
years of age. A deferment under this paragraph shall not
count toward the limitation on the total number of officers
whose retirement may be deferred at any one time under
paragraph (1).''.
(c) Imposition of Years of Service Limitation.--
(1) Imposition of limitation.--Section 14508 of such title
is amended by inserting after subsection (c), as added by
section 513, the following new subsection:
``(d) Forty Years of Service for Generals and Admirals.--
Unless retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve officer of the
Army, Air Force, or Marine Corps in the grade of general and
each reserve officer of the Navy in the grade of admiral
shall be separated in accordance with section 14514 of this
title on the first day of the first month beginning after the
date of the fifth anniversary of the officer's appointment to
that grade or 30 days after the date on which the officer
completes 40 years of commissioned service, whichever is
later.''.
(2) Conforming amendments.--Subsection (b) of section 10502
of such title, as amended by section 1811, is further
amended--
(A) by inserting ``(1)'' before the first sentence; and
(B) by striking ``While holding that office'' and inserting
the following:
``(2) Except as provided in section 14508(d) of this title,
while holding the office of Chief of the National Guard
Bureau''.

SEC. 1826. ADDITIONAL REPORTING REQUIREMENTS RELATING TO
NATIONAL GUARD EQUIPMENT.

Section 10541 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) Each report under this section concerning equipment
of the National Guard shall also include the following:
``(1) A statement of the accuracy of the projections
required by subsection (b)(5)(D) contained in earlier reports
under this section, and an explanation, if the projection was
not met, of why the projection was not met.
``(2) A certification from the Chief of the National Guard
Bureau setting forth an inventory for the preceding fiscal
year of each item of equipment--
``(A) for which funds were appropriated;
``(B) which was due to be procured for the National Guard
during that fiscal year; and
``(C) which has not been received by a National Guard unit
as of the close of that fiscal year.''.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2008''.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII and in title XXIX for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on
the later of--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2011.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2010; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2011 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

[[Page H224]]

Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Anniston Army Depot.......................... $26,000,000
Redstone Arsenal............................. $22,000,000
Alaska......................................... Fort Richardson.............................. $92,800,000
Fort Wainwright.............................. $114,500,000
Arizona........................................ Fort Huachuca................................ $129,600,000
California..................................... Fort Irwin................................... $24,000,000
Presidio, Monterey........................... $28,000,000
Colorado....................................... Fort Carson.................................. $156,200,000
Delaware....................................... Dover Air Force Base......................... $17,500,000
Florida........................................ Miami Doral.................................. $237,000,000
Georgia........................................ Fort Benning................................. $189,500,000
Fort Stewart/Hunter Army Air Field........... $123,500,000
Hawaii......................................... Fort Shafter................................. $31,000,000
Kahuku Training Area......................... $10,200,000
Schofield Barracks........................... $88,000,000
Wheeler Army Air Field....................... $51,000,000
Illinois....................................... Rock Island Arsenal.......................... $3,350,000
Kansas......................................... Fort Leavenworth............................. $102,400,000
Fort Riley................................... $140,200,000
Kentucky....................................... Fort Campbell................................ $113,600,000
Fort Knox.................................... $6,700,000
Louisiana...................................... Fort Polk.................................... $15,900,000
Maryland....................................... Aberdeen Proving Ground...................... $12,200,000
Michigan....................................... Detroit Arsenal.............................. $18,500,000
Missouri....................................... Fort Leonard Wood............................ $136,050,000
Nevada......................................... Hawthorne Army Ammunition Plant.............. $11,800,000
New Jersey..................................... Picatinny Arsenal............................ $9,900,000
New Mexico..................................... White Sands Missile Range.................... $71,000,000
New York....................................... Fort Drum.................................... $311,200,000
North Carolina................................. Fort Bragg................................... $287,200,000
Oklahoma....................................... Fort Sill.................................... $7,500,000
South Carolina................................. Fort Jackson................................. $85,000,000
Texas.......................................... Camp Bullis.................................. $1,600,000
Corpus Christi............................... $11,200,000
Fort Bliss................................... $118,400,000
Fort Hood.................................... $163,400,000
Fort Sam Houston............................. $19,150,000
Red River Army Depot......................... $9,200,000
Virginia....................................... Fort Belvoir................................. $13,000,000
Fort Eustis.................................. $75,000,000
Fort Lee..................................... $22,600,000
Fort Myer.................................... $20,800,000
Washington..................................... Fort Lewis................................... $178,500,000
Yakima Training Center....................... $29,000,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amounts set
forth in the following table:

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Utah.................................... Dugway Proving Ground.......... 28................... $5,000,000
Germany................................. Ansbach........................ 138.................. $52,000,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $2,000,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(5)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $365,400,000.

[[Page H225]]

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $5,106,703,000
as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $3,198,150,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $254,950,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$25,900,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $321,983,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$424,400,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $731,920,000.
(6) For the construction of increment 2 of a barracks
complex at Fort Lewis, Washington, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2445), as amended by section 20814 of the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289), as added by section 2 of the Revised Continuing
Appropriations Resolution, 2007 (Public Law 110-5; 121 Stat.
41), $102,000,000.
(7) For the construction of increment 3 of a barracks
complex at Fort Bragg, North Carolina, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3485), $47,400,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $137,000,000 (the balance of the amount authorized
under section 2101(a) for construction of the United States
Southern Command Headquarters, Miami, Florida).
(3) $63,500,000 (the balance of the amount authorized under
section 2101(b) for construction of a brigade complex
operations support facility at Vicenza, Italy).
(4) $63,500,000 (the balance of the amount authorized under
section 2101(b) for construction of a brigade complex
barracks and community support facility at Vicenza, Italy).

SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2007 ARMY PROJECTS FOR WHICH FUNDS WERE NOT
APPROPRIATED.

(a) Termination of Inside the United States Projects.--The
table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2445), as amended by section 20814 of
the Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289), as added by section 2 of the Revised
Continuing Appropriations Resolution, 2007 (Public Law 110-
5), is further amended--
(1) by striking the item relating to Redstone Arsenal,
Alabama;
(2) by striking the item relating to Fort Wainwright,
Alaska;
(3) in the item relating to Fort Irwin, California, by
striking ``$18,200,000'' in the amount column and inserting
``$10,000,000'';
(4) in the item relating to Fort Carson, Colorado, by
striking ``$30,800,000'' in the amount column and inserting
``$24,000,000'';
(5) in the item relating to Fort Leavenworth, Kansas, by
striking ``$23,200,000'' in the amount column and inserting
``$15,000,000'';
(6) in the item relating to Fort Riley, Kansas, by striking
``$47,400,000'' in the amount column and inserting
``$37,200,000'';
(7) in the item relating to Fort Campbell, Kentucky, by
striking ``$135,300,000'' in the amount column and inserting
``$115,400,000'';
(8) by striking the item relating to Fort Polk, Louisiana;
(9) by striking the item relating to Aberdeen Proving
Ground, Maryland;
(10) by striking the item relating to Fort Detrick,
Maryland;
(11) by striking the item relating to Detroit Arsenal,
Michigan;
(12) in the item relating to Fort Leonard Wood, Missouri,
by striking ``$34,500,000'' in the amount column and
inserting ``$17,000,000'';
(13) by striking the item relating to Picatinny Arsenal,
New Jersey;
(14) in the item relating to Fort Drum, New York, by
striking ``$218,600,000'' in the amount column and inserting
``$209,200,000'';
(15) in the item relating to Fort Bragg, North Carolina, by
striking ``$96,900,000'' in the amount column and inserting
``$89,000,000'';
(16) by striking the item relating to Letterkenny Depot,
Pennsylvania;
(17) by striking the item relating to Corpus Christi Army
Depot, Texas;
(18) by striking the item relating to Fort Bliss, Texas;
(19) in the item relating to Fort Hood, Texas, by striking
``$93,000,000'' in the amount column and inserting
``$75,000,000'';
(20) by striking the item relating to Red River Depot,
Texas; and
(21) by striking the item relating to Fort Lee, Virginia.
(b) Conforming Amendments.--Section 2104(a) of such Act
(120 Stat. 2447) is amended--
(1) in the matter preceding paragraph (1), by striking
``$3,518,450,000'' and inserting ``$3,275,700,000''; and
(2) in paragraph (1), by striking ``$1,362,200,000'' and
inserting ``$1,119,450,000''.

SEC. 2106. TECHNICAL AMENDMENTS TO MILITARY CONSTRUCTION
AUTHORIZATION ACT FOR FISCAL YEAR 2007.

(a) Location of Project in Romania.--The table in section
2101(b) of the Military Construction Authorization Act for
2007 (division B of Public Law 109-364; 120 Stat. 2446) is
amended by striking ``Babadag Range'' and inserting ``Mihail
Kogalniceanu Air Base''.
(b) Spelling Error Relating to Army Family Housing.--The
table in section 2102(a) of the Military Construction
Authorization Act for 2007 (division B of Public Law 109-364;
120 Stat. 2446) is amended by striking ``Fort McCoyine'' and
inserting ``Fort McCoy''.

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2006 PROJECT.

(a) Modification.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3485) is amended
in the item relating to Fort Bragg, North Carolina, by
striking ``$301,250,000'' in the amount column and inserting
``$308,250,000''.
(b) Conforming Amendments.--Section 2104(b)(5) of that Act
(119 Stat. 3488) is amended by striking ``$77,400,000'' and
inserting ``$84,400,000''.

SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2005 PROJECT.

(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorization set forth in the table in subsection (b), as
provided in section 2101 of that Act (118 Stat. 2101), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Army: Extension of 2005 Project Authorization
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Schofield Barracks, Hawaii..... Training facility...... $35,542,000
------------------------------------------------------------------------

SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FACILITY,
MIAMI-DORAL, FLORIDA.

(a) Ground Lease Authorized.--The Secretary of the Army may
utilize the State of Florida property as described in
sublease number 4489-01, entered into between the State of
Florida and the United States (in this section referred to as
the ``ground lease''), for the purpose of constructing a
consolidated headquarters facility for the United States
Southern Command (SOUTHCOM).
(b) Additional Terms and Conditions.--The Secretary of the
Army may carry out the project to construct a new
headquarters on property leased from the State of Florida
when the following conditions have been met regarding the
lease for the property:
(1) The United States Government shall have the right to
use the property without interruption until at least December
31, 2055.
(2) The United States Government shall have the right to
use the property for general administrative purposes in the
event the United States Southern Command relocates or vacates
the property.
(c) Authority To Obtain Ground Lease of Adjacent
Property.--The Secretary may obtain the ground lease of
additional real property owned by the State of Florida that
is adjacent to the real property leased under the ground
lease for purposes of completing the construction of the
SOUTHCOM headquarters facility, as long as the additional
terms of the ground lease required by subsection (b) apply to
such adjacent property.
(d) Limitation.--The Secretary may not obligate or expend
funds appropriated pursuant to the authorization of
appropriations in section 2104(a)(1) for the construction of
the SOUTHCOM headquarters facility authorized under section
2101(a) until the Secretary

[[Page H226]]

transmits to the congressional defense committees a
modification to the ground lease signed by the United States
Government and the State of Florida in accordance with
subsection (b).

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Outlying Field Evergreen..................... $9,560,000
Arizona........................................ Marine Corps Air Station, Yuma............... $33,720,000
California..................................... Marine Corps Air Station, Miramar............ $26,760,000
Marine Corps Base, Camp Pendleton............ $264,360,000
Marine Corps Base, Twentynine Palms.......... $142,619,000
Naval Station, San Diego..................... $3,000,000
Naval Support Activity, Monterey............. $9,780,000
Submarine Base, San Diego.................... $23,630,000
Connecticut.................................... Submarine Base, New London................... $21,160,000
Florida........................................ Marine Corps Logistics Base, Blount Island... $10,240,000
Naval Support Activity, Cape Canaveral....... $9,900,000
Naval Surface Warfare Center, Panama City.... $13,870,000
Naval Training Center, Corry Field........... $3,140,000
Georgia........................................ Marine Corps Logistics Base.................. $9,980,000
Hawaii......................................... Marine Corps Air Station, Kaneohe............ $37,961,000
Naval Base, Pearl Harbor..................... $99,860,000
Naval Station Pearl Harbor, Wahiawa.......... $65,410,000
Pearl Harbor Naval Shipyard.................. $30,200,000
Illinois....................................... Naval Training Center, Great Lakes........... $10,221,000
Indiana........................................ Naval Support Activity, Crane................ $23,800,000
Maine.......................................... Portsmouth Naval Shipyard.................... $9,700,000
Maryland....................................... Naval Air Warfare Center, Patuxent River..... $38,360,000
Naval Surface Warfare Center, Indian Head.... $9,450,000
Mississippi.................................... Naval Air Station, Meridian.................. $6,770,000
Nevada......................................... Naval Air Station, Fallon.................... $11,460,000
New Jersey..................................... Naval Air Warfare Center, Lakehurst.......... $4,100,000
North Carolina................................. Marine Corps Air Station, Cherry Point....... $28,610,000
Marine Corps Air Station, New River.......... $58,700,000
Marine Corps Base, Camp Lejeune.............. $248,930,000
Rhode Island................................... Naval Station, Newport....................... $13,760,000
South Carolina................................. Marine Corps Air Station, Beaufort........... $10,300,000
Marine Corps Recruit Depot, Parris Island.... $55,282,000
Texas.......................................... Naval Air Station, Corpus Christi............ $14,290,000
Virginia....................................... Marine Corps Base, Quantico.................. $50,519,000
Naval Station, Norfolk....................... $79,560,000
Naval Support Activity, Chesapeake........... $8,450,000
Naval Surface Warfare Center, Dahlgren....... $10,000,000
Washington..................................... Naval Air Station, Whidbey Island............ $34,520,000
Naval Station, Bremerton..................... $190,960,000
Naval Station, Everett....................... $10,940,000
Naval Station, Kitsap........................ $6,130,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Bahrain...................... Southwest Asia........... $35,500,000
Diego Garcia................. Naval Support Facility, $7,150,000
Diego Garcia.
Djibouti..................... Camp Lemonier............ $22,390,000
Guam......................... Naval Activities, Guam... $278,818,000
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(3), the Secretary of the Navy may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amount set
forth in the following table:

Navy: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Unspecified........ Wharf Utilities Upgrade.. $8,900,000
------------------------------------------------------------------------

[[Page H227]]

SEC. 2202. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(6)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations,
in the number of units, and in the amounts set forth in the
following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Twentynine Palms............... N/A.................. $4,800,000
Mariana Islands......................... Naval Activities, Guam......... 73................... $57,167,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(6)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $3,172,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(6)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $237,990,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2007, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,885,317,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,628,762,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $292,946,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2201(c),
$11,600,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $113,017,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$293,129,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $371,404,000.
(7) For the construction of increment 2 of the construction
of an addition to the National Maritime Intelligence Center,
Suitland, Maryland, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2448),
$52,069,000.
(8) For the construction of increment 3 of recruit training
barracks infrastructure upgrade at Recruit Training Command,
Great Lakes, Illinois, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3490),
$16,650,000.
(9) For the construction of increment 3 of wharf upgrades
at Yokosuka, Japan, authorized by section 2201(b) of the
Military Construction Authorization Act of Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3490),
$8,750,000.
(10) For the construction of increment 2 of the Bachelor
Enlisted Quarters Homeport Ashore Program at Bremerton,
Washington (formerly referred to as a project at Naval
Station, Everett), authorized by section 2201(a) of the
Military Construction Authorization Act of Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3490),
$47,240,000.
(11) For the construction of increment 4 of the limited
area production and storage complex at Naval Submarine Base,
Kitsap, Bangor, Washington (formerly referred to as a project
at the Strategic Weapons Facility Pacific, Bangor),
authorized by section 2201(a) of the Military Construction
Authorization Act of Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2105), as amended by section 2206 of
the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat. 3493),
$39,750,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $50,000,000 (the balance of the amount authorized under
section 2201(a) for a submarine drive-in magnetic silencing
facility in Pearl Harbor, Hawaii).
(3) $50,912,000 (the balance of the amount authorized under
section 2201(b) for construction of a wharf extension in Apra
Harbor, Guam).
(4) $71,200,000 (the balance of the amount authorized under
section 2201(a) for a nuclear aircraft carrier maintenance
pier at Naval Station Bremerton, Washington).

SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2007 NAVY PROJECTS FOR WHICH FUNDS WERE NOT
APPROPRIATED.

(a) Termination of Inside the United States Projects.--The
table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2449) is amended--
(1) in the item relating to Marine Corps Base, Twentynine
Palms, California, by striking ``$27,217,000'' in the amount
column and inserting ``$8,217,000'';
(2) by striking the item relating to Naval Support
Activity, Monterey, California;
(3) by striking the item relating to Naval Submarine Base,
New London, Connecticut;
(4) by striking the item relating to Cape Canaveral,
Florida;
(5) in the item relating to Marine Corps Logistics Base,
Albany, Georgia, by striking ``$70,540,000'' in the amount
column and inserting ``$62,000,000'';
(6) by striking the item relating to Naval Magazine, Pearl
Harbor, Hawaii;
(7) by striking the item relating to Naval Shipyard, Pearl
Harbor, Hawaii;
(8) by striking the item relating to Naval Support
Activity, Crane, Indiana;
(9) by striking the item relating to Portsmouth Naval
Shipyard, Maine;
(10) by striking the item relating to Naval Air Station,
Meridian, Mississippi;
(11) by striking the item relating to Naval Air Station,
Fallon, Nevada;
(12) by striking the item relating to Marine Corps Air
Station, Cherry Point, North Carolina;
(13) by striking the item relating to Naval Station,
Newport, Rhode Island;
(14) in the item relating to Marine Corps Air Station,
Beaufort, South Carolina, by striking ``$25,575,000'' in the
amount column and inserting ``$22,225,000'';
(15) by striking the item relating to Naval Special Weapons
Center, Dahlgren, Virginia;
(16) in the item relating to Naval Support Activity,
Norfolk, Virginia, by striking ``$41,712,000'' in the amount
column and inserting ``$28,462,000'';
(17) in the item relating to Naval Air Station, Whidbey
Island, Washington, by striking ``$67,303,000'' in the amount
column and inserting ``$57,653,000''; and
(18) in the item relating to Naval Base, Kitsap,
Washington, by striking ``$17,617,000'' in the amount column
and inserting ``$13,507,000''.
(b) Termination of Military Family Housing Projects.--
Section 2204(a)(6)(A) of such Act (120 Stat. 2450) is amended
by striking ``$308,956,000'' and inserting ``$305,256,000''.
(c) Conforming Amendments.--Section 2204(a) of such Act
(120 Stat. 2450) is amended--
(1) in the matter preceding paragraph (1), by striking
``$2,109,367,000'' and inserting ``$1,946,867,000''; and
(2) in paragraph (1), by striking ``$832,982,000'' and
inserting ``$674,182,000''.

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2005 PROJECT.

(a) Modification.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2105), as
amended by section 2206 of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3493) and section 2205 of the Military
Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2452), is amended--
(1) in the item relating to Strategic Weapons Facility
Pacific, Bangor, Washington, by striking ``$147,760,000'' in
the amount column and inserting ``$295,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$972,719,000''.
(b) Conforming Amendment.--Section 2204 of the Military
Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108-375; 118 Stat. 2107), as amended by
section 2206 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3493) and section 2205 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2453), is amended in subsection
(b)(6), by striking ``$95,320,000'' and inserting
``$259,320,000''.

SEC. 2207. REPEAL OF AUTHORIZATION FOR CONSTRUCTION OF NAVY
OUTLYING LANDING FIELD, WASHINGTON COUNTY,
NORTH CAROLINA.

(a) Repeal of Authorization.--The table in section 2201(a)
of the Military Construction Authorization Act for Fiscal
Year 2004

[[Page H228]]

(division B of Public Law 108-136; 117 Stat. 1704) is amended
by striking the item relating to Navy Outlying Landing Field,
Washington County, North Carolina, as added by section
2205(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2452).
(b) Repeal of Incremental Funding Authority.--Section
2204(b) of that Act (117 Stat. 1706) is amended by striking
paragraph (6).
(c) Effect of Repeal.--The amendments made by this section
do not affect the expenditure of funds obligated, before the
effective date of this title, for the construction of the
Navy Outlying Landing Field, Washington County, North
Carolina, or the acquisition of real property to facilitate
such construction.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Elmendorf Air Force Base..................... $83,180,000
Arizona........................................ Davis-Monthan Air Force Base................. $11,200,000
Luke Air Force Base.......................... $5,500,000
Arkansas....................................... Little Rock Air Force Base................... $19,600,000
California..................................... Travis Air Force Base........................ $37,400,000
Colorado....................................... Fort Carson.................................. $13,500,000
Schriever Air Force Base..................... $24,500,000
United States Air Force Academy.............. $15,000,000
District of Columbia........................... Bolling Air Force Base....................... $2,500,000
Florida........................................ Eglin Air Force Base......................... $158,300,000
MacDill Air Force Base....................... $60,500,000
Patrick Air Force Base....................... $11,854,000
Tyndall Air Force Base....................... $52,514,000
Georgia........................................ Moody Air Force Base......................... $7,500,000
Robins Air Force Base........................ $19,700,000
Hawaii......................................... Hickam Air Force Base........................ $31,971,000
Illinois....................................... Scott Air Force Base......................... $24,900,000
Kansas......................................... Fort Riley................................... $12,515,000
McConnell Air Force Base..................... $6,300,000
Massachusetts.................................. Hanscom Air Force Base....................... $12,800,000
Mississippi.................................... Columbus Air Force Base...................... $9,800,000
Missouri....................................... Whiteman Air Force Base...................... $11,400,000
Montana........................................ Malmstrom Air Force Base..................... $7,000,000
Nebraska....................................... Offutt Air Force Base........................ $16,952,000
Nevada......................................... Nellis Air Force Base........................ $4,950,000
New Mexico..................................... Cannon Air Force Base........................ $1,688,000
Kirtland Air Force Base...................... $15,100,000
North Dakota................................... Grand Forks Air Force Base................... $13,000,000
Minot Air Force Base......................... $18,200,000
Oklahoma....................................... Altus Air Force Base......................... $2,000,000
Tinker Air Force Base....................... $34,600,000
Vance Air Force Base......................... $7,700,000
South Carolina................................. Charleston Air Force Base.................... $11,000,000
Shaw Air Force Base.......................... $9,300,000
South Dakota................................... Ellsworth Air Force Base..................... $16,600,000
Texas.......................................... Goodfellow Air Force Base.................... $5,800,000
Lackland Air Force Base...................... $14,000,000
Laughlin Air Force Base...................... $5,200,000
Randolph Air Force Base...................... $2,950,000
Shepard Air Force Base....................... $7,000,000
Utah........................................... Hill Air Force Base.......................... $25,999,000
Washington..................................... Fairchild Air Force Base..................... $6,200,000
Wyoming........................................ Francis E. Warren Air Force Base............. $14,600,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Base........ $48,209,000
Guam......................... Andersen Air Force Base.. $15,816,000
Qatar........................ Al Udeid Air Base........ $22,300,000
Spain........................ Moron Air Base........... $1,800,000
United Kingdom............... Royal Air Force $17,300,000
Lakenheath.
Royal Air Force Menwith $41,000,000
Hill Station.
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amount set
forth in the following table:

[[Page H229]]

Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Worldwide Classified......... Classified Project....... $1,500,000
Classified-Special $12,328,000
Evaluation Program.
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amounts set
forth in the following table:

Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................. Ramstein Air Base................ 117................ $56,275,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $12,210,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(6)(A), the Secretary of the
Air Force may improve existing military family housing units
in an amount not to exceed $259,262,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for military
construction, land acquisition, and military family housing
functions of the Department of the Air Force in the total
amount of $2,175,829,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $872,273,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $146,425,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$13,828,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$15,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $43,721,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$327,747,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $688,335,000.
(7) For the construction of increments 3 and 4 of the main
base runway at Edwards Air Force Base, California, authorized
by section 2301(a) of the Military Construction Authorization
Act for Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3494), $43,500,000.
(8) For the construction of increment 3 of the CENTCOM
Joint Intelligence Center at MacDill Air Force Base, Florida,
authorized by section 2301(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3494), as amended by section 2305 of
the Military Construction Authorization Act for Fiscal Year
2007 (division B of Public Law 109-364; 120 Stat. 2456),
$25,000,000.

SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2007 AIR FORCE PROJECTS FOR WHICH FUNDS WERE
NOT APPROPRIATED.

(a) Termination of Inside the United States Projects.--The
table in section 2301(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2453) is amended--
(1) in the item relating to Elmendorf, Alaska, by striking
``$68,100,000'' in the amount column and inserting
``$56,100,000'';
(2) in the item relating to Davis-Monthan Air Force Base,
Arizona, by striking ``$11,800,000'' in the amount column and
inserting ``$4,600,000'';
(3) by striking the item relating to Little Rock Air Force
Base, Arkansas;
(4) in the item relating to Travis Air Force Base,
California, by striking ``$85,800,000'' in the amount column
and inserting ``$73,900,000'';
(5) by striking the item relating to Peterson Air Force
Base, Colorado;
(6) in the item relating to Dover Air Force, Delaware, by
striking ``$30,400,000'' in the amount column and inserting
``$26,400,000'';
(7) in the item relating to Eglin Air Force Base, Florida,
by striking ``$30,350,000'' in the amount column and
inserting ``$19,350,000'';
(8) in the item relating to Tyndall Air Force Base,
Florida, by striking ``$8,200,000'' in the amount column and
inserting ``$1,800,000'';
(9) in the item relating to Robins Air Force Base, Georgia,
by striking ``$59,600,000'' in the amount column and
inserting ``$38,600,000'';
(10) in the item relating to Scott Air Force Base,
Illinois, by striking ``$28,200,000'' in the amount column
and inserting ``$20,000,000'';
(11) by striking the item relating to McConnell Air Force
Base, Kansas;
(12) by striking the item relating to Hanscom Air Force
Base, Massachusetts;
(13) by striking the item relating to Whiteman Air Force
Base, Missouri;
(14) by striking the item relating to Malmstrom Air Force
Base, Montana;
(15) in the item relating to McGuire Air Force Base, New
Jersey, by striking ``$28,500,000'' in the amount column and
inserting ``$15,500,000'';
(16) by striking the item relating to Kirtland Air Force
Base, New Mexico;
(17) by striking the item relating to Minot Air Force Base,
North Dakota;
(18) in the item relating to Altus Air Force Base,
Oklahoma, by striking ``$9,500,000'' in the amount column and
inserting ``$1,500,000'';
(19) by striking the item relating to Tinker Air Force
Base, Oklahoma;
(20) by striking the item relating to Charleston Air Force
Base, South Carolina;
(21) in the item relating to Shaw Air Force Base, South
Carolina, by striking ``$31,500,000'' in the amount column
and inserting ``$22,200,000'';
(22) by striking the item relating to Ellsworth Air Force
Base, South Dakota;
(23) by striking the item relating to Laughlin Air Force
Base, Texas;
(24) by striking the item relating to Sheppard Air Force
Base, Texas;
(25) in the item relating to Hill Air Force Base, Utah, by
striking ``$63,400,000'' in the amount column and inserting
``$53,400,000''; and
(26) by striking the item relating to Fairchild Air Force
Base, Washington.
(b) Conforming Amendments.--Section 2304(a) of such Act
(120 Stat. 2455) is amended--
(1) in the matter preceding paragraph (1), by striking
``$3,231,442,000'' and inserting ``$3,005,817,000''; and
(2) in paragraph (1), by striking ``$962,286,000'' and
inserting ``$736,661,000''.
(c) Exception.--The termination of the authorization of a
military construction project or land acquisition as a result
of the amendment made by subsection (a) shall not apply with
respect to a military construction project or land
acquisition--
(1) that was authorized by section 2301(a) of such Act; and
(2) for which a contract for the construction or
acquisition was entered into before October 1, 2007.

SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2006 PROJECTS.

(a) Further Modification of Inside the United States
Project.--The table in section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3494), as amended by
section 2305(a) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364;
120 Stat. 2456), is further amended--
(1) in the item relating to Edwards Air Force Base,
California, by striking ``$103,000,000'' in the amount column
and inserting ``$111,500,000''; and
(2) in the item relating to MacDill Air Force Base,
Florida, by striking ``$101,500,000'' in the amount column
and inserting ``$126,500,000''.
(b) Conforming Amendments.--Section 2304(b) of the Military
Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3496), as amended by
section 2305(b) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364;
120 Stat. 2456), is further amended--
(1) in paragraph (3), by striking ``$66,000,000'' and
inserting ``$74,500,000''; and
(2) in paragraph (4), by striking ``$23,300,000'' and
inserting ``$48,300,000''.

[[Page H230]]

SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.

(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorizations set forth in the table in subsection (b), as
provided in section 2302 of that Act (118 Stat. 2110), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Air Force: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or location Project Amount
------------------------------------------------------------------------
Davis-Monthan Air Force Base, Family housing (250 $48,500,000
Arizona. units).
Vandenberg Air Force Base, Family housing (120 $30,906,000
California. units).
MacDill Air Force Base, Florida Family housing (61 $21,723,000
units).
Housing maintenance $1,250,000
facility.
Columbus Air Force Base, Housing management $711,000
Mississippi. facility.
Whiteman Air Force Base, Family housing (160 $37,087,000
Missouri. units).
Seymour Johnson Air Force Base, Family housing (167 $32,693,000
North Carolina. units).
Goodfellow Air Force Base, Family housing (127 $20,604,000
Texas. units).
Ramstein Air Base, Germany..... USAFE Theater Aerospace $24,024,000
Operations Support
Center.
------------------------------------------------------------------------

SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2004 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1716),
authorizations set forth in the table in subsection (b), as
provided in section 2302 of that Act (117 Stat. 1710) and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2464), shall remain in effect until
October 1, 2008, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Air Force: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or location Project Amount
------------------------------------------------------------------------
Travis Air Force Base, Family housing (56 $12,723,000
California. units).
Eglin Air Force Base, Florida.. Family housing (279 $32,166,000
units).
------------------------------------------------------------------------

TITLE XXIV--DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following tables:

Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina............................... Marine Corps Base, Camp Lejeune.................. $2,014,000
----------------------------------------------------------------------------------------------------------------

Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia........................... Bolling Air Force Base......................... $1,012,000
----------------------------------------------------------------------------------------------------------------

Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Port Loma Annex.................................. $140,000,000
Florida...................................... Naval Air Station, Key West...................... $1,874,000
Hawaii....................................... Hickam Air Force Base............................ $11,900,000
New Mexico................................... Kirtland Air Force Base.......................... $1,800,000
Ohio......................................... Defense Supply Center, Columbus.................. $4,000,000
Pennsylvania................................. Defense Distribution Depot, New Cumberland....... $21,000,000
Virginia..................................... Fort Belvoir..................................... $5,000,000
----------------------------------------------------------------------------------------------------------------

National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Maryland..................................... Fort Meade....................................... $11,901,000
----------------------------------------------------------------------------------------------------------------

Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Marine Corps Base, Camp Pendleton................ $20,030,000
Naval Amphibious Base, Coronodo.................. $12,000,000

[[Page H231]]

Florida...................................... Hurlburt Field................................... $29,111,000
MacDill Air Force Base........................... $47,700,000
Georgia...................................... Fort Benning..................................... $35,000,000
Hunter Army Air Field............................ $13,800,000
Kentucky..................................... Fort Campbell.................................... $53,500,000
Mississippi.................................. Stennis Space Center............................. $10,200,000
New Mexico................................... Cannon Air Force Base............................ $7,500,000
North Carolina............................... Fort Bragg....................................... $47,250,000
Marine Corps Base, Camp Lejeune.................. $28,210,000
Virginia..................................... Dam Neck......................................... $113,800,000
Naval Amphibious Base, Little Creek.............. $48,000,000
Washington................................... Fort Lewis....................................... $77,000,000
----------------------------------------------------------------------------------------------------------------

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Florida...................................... MacDill Air Force Base........................... $5,000,000
Illinois..................................... Naval Hospital, Great Lakes...................... $99,000,000
New York..................................... Fort Drum........................................ $41,000,000
Texas........................................ Camp Bullis...................................... $7,400,000
Virginia..................................... Naval Station, Norfolk........................... $6,450,000
Washington................................... Fort Lewis....................................... $21,000,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following tables:

Defense Education Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Belgium....................................... Sterrebeek...................................... $5,992,000
Germany....................................... Ramstein Air Base............................... $5,393,000
Wiesbaden Air Base.............................. $20,472,000
----------------------------------------------------------------------------------------------------------------

Special Operations Command
----------------------------------------------------------------------------------------------------------------
Country Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain....................................... Southwest Asia.................................. $19,000,000
Qatar......................................... Al Udeid AB..................................... $52,852,000
----------------------------------------------------------------------------------------------------------------

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Germany....................................... Spangdahlem Air Base............................ $30,100,000
----------------------------------------------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(3), the Secretary of Defense may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amount set
forth in the following table:

Defense Agencies: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
Location Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Classified.......................... Classified Project.............................. $1,887,000
----------------------------------------------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(7), the Secretary of
Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, in the amount of
$70,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

[[Page H232]]

(10) For the construction of increment 3 of the regional
security operations center at Augusta, Georgia, authorized by
section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3497), as amended by section 7016 of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 485), $100,000,000.
(11) For the construction of increment 2 of the health
clinic replacement at MacDill Air Force Base, Florida,
authorized by section 2401(a) of the Military Construction
Authorization Act of Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2457), $41,400,000.
(12) For the construction of increment 2 of the replacement
of the Army Medical Research Institute of Infectious Diseases
at Fort Detrick, Maryland, authorized by section 2401(a) of
the Military Construction Authorization Act of Fiscal Year
2007 (division B of Public Law 109-364; 120 Stat. 2457),
$150,000,000.
(13) For the construction of increment 9 of a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104-201; 110 Stat. 2775), as amended by
section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839) and section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), $35,159,000.
(14) For the construction of increment 8 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and
section 2405 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2698), $69,017,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $84,300,000 (the balance of the amount authorized for
the Defense Logistics Agency under section 2401(a) for the
replacement of fuel storage facilities, Point Loma Annex,
California).
(3) $47,250,000 (the balance of the amount authorized for
the Special Operations Command under section 2401(a) for a
special operations forces operations facility at Dam Neck,
Virginia).

SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2007 DEFENSE AGENCIES
PROJECTS.

(a) Termination of Projects for Which Funds Were Not
Appropriated.--The table relating to Special Operations
Command in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2457) is amended--
(1) by striking the item relating to Stennis Space Center,
Mississippi; and
(2) in the item relating to Fort Bragg, North Carolina, by
striking ``$51,768,000'' in the amount column and inserting
``$44,868,000''.
(b) Modification of Authority to Carry Out Certain Base
Closure and Realignment Activities.--Section 2405(a)(7) of
that Act (120 Stat. 2460) is amended by striking
``$191,220,000'' and inserting ``$252,279,000''.
(c) Modification of Munitions Demilitarization Facility
Project.--Section 2405(a)(15) of that Act (120 Stat. 2461) is
amended by striking ``$99,157,000'' and inserting
``$89,157,000''.
(d) Conforming Amendments.--Section 2405(a) of that Act
(120 Stat. 2460) is amended--
(1) in the matter preceding paragraph (1), by striking
``$7,163,431,000'' and inserting ``$7,197,390,000''; and
(2) in paragraph (1), by striking ``$533,099,000'' and
inserting ``$515,999,000''.

SEC. 2405. MUNITIONS DEMILITARIZATION FACILITIES, BLUE GRASS
ARMY DEPOT, KENTUCKY, AND PUEBLO CHEMICAL
ACTIVITY, COLORADO.

(a) Munitions Demilitarization Facility, Blue Grass Army
Depot.--
(1) Authority to increase amount for construction.--
Consistent with the total project amount authorized for the
construction a munitions demilitarization facility at Blue
Grass Army Depot, Kentucky, by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 836), as amended
by section 2405 of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1298) and section 2405 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), the Secretary of Defense may
transfer amounts of authorizations made available by section
2403(a)(1) of this Act to increase amounts available for the
construction of increment 8 of such munitions
demilitarization facility.
(2) Aggregate limit.--The aggregate amount of
authorizations that the Secretary may transfer under the
authority of this subsection may not exceed $17,300,000.
(b) Munitions Demilitarization Facility, Pueblo Chemical
Activity.--
(1) Authority to increase amount for construction.--
Consistent with the total project amount authorized for the
construction a munitions demilitarization facility at Pueblo
Chemical Activity, Colorado, by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2775), as amended by section
2406 of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat.
839) and section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), the Secretary of Defense may
transfer amounts of authorizations made available by section
2403(a)(1) of this Act to increase amounts available for the
construction of increment 9 of such munitions
demilitarization facility.
(2) Aggregate limit.--The aggregate amount of
authorizations that the Secretary may transfer under the
authority of this subsection may not exceed $32,000,000.
(c) Certification Requirement.--Before exercising the
authority provided in subsection (a) or (b), the Secretary of
Defense shall provide to the congressional defense
committees--
(1) a certification that the transfer under such subsection
of amounts authorized to be appropriated is in the best
interest of national security; and
(2) a statement that the increased amount authorized to be
appropriated will be used to carry out authorized military
construction activities.

SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.

(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorizations set forth in the table in subsection (b), as
provided in section 2401 of that Act (118 Stat. 2112), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Defense Agencies: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or location Agency and Project Amount
------------------------------------------------------------------------
Naval Air Station, Oceana, DLA bulk fuel storage $3,589,000
Virginia. tank.
Naval Air Station, Jacksonville, TMA hospital project. $28,438,000
Florida.
------------------------------------------------------------------------

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

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

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501, in
the amount of $201,400,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

[[Page H233]]

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

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(A), the Secretary of the
Army may acquire real property and carry out military
construction projects for the Army National Guard locations,
and in the amounts, set forth in the following table:

Army National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama..................... Springville............... $3,300,000
Arizona..................... Florence.................. $10,870,000
Arkansas.................... Camp Robinson............. $25,823,000
California.................. Camp Roberts.............. $2,850,000
Sacramento Army Depot..... $21,000,000
Connecticut................. Niantic................... $13,600,000
Florida..................... Camp Blanding............. $15,524,000
Jacksonville.............. $12,200,000
Idaho....................... Gowen Field............... $7,615,000
Orchard Training Area..... $1,700,000
Illinois.................... St. Clair County.......... $8,100,000
Indiana..................... Muscatatuck............... $4,996,000
Iowa........................ Iowa City................. $13,186,000
Kentucky.................... London.................... $2,427,000
Michigan.................... Camp Grayling............. $2,450,000
Lansing................... $4,239,000
Minnesota................... Camp Ripley............... $17,450,000
Mississippi................. Camp Shelby............... $4,000,000
Missouri.................... Whiteman Air Force Base... $30,000,000
North Carolina.............. Asheville................. $3,733,000
North Dakota................ Camp Grafton.............. $33,416,000
Oregon...................... Ontario................... $11,000,000
Pennsylvania................ Carlisle.................. $7,800,000
East Fallowfield Township. $8,300,000
Fort Indiantown Gap....... $9,500,000
Gettysburg................ $6,300,000
Graterford................ $7,300,000
Hanover................... $5,500,000
Hazelton.................. $5,600,000
Holidaysburg.............. $9,400,000
Huntingdon................ $7,500,000
Kutztown.................. $6,800,000
Lebanon................... $7,800,000
Philadelphia.............. $13,650,000
Waynesburg................ $9,000,000
Rhode Island................ East Greenwich............ $8,200,000
North Kingstown........... $33,000,000
Texas....................... Camp Bowie................ $1,500,000
Fort Wolters.............. $2,100,000
Utah........................ North Salt Lake........... $12,200,000
Vermont..................... Ethan Allen Range......... $1,996,000
Virginia.................... Fort Pickett.............. $26,211,000
Winchester................ $3,113,000
West Virginia............... Camp Dawson............... $9,400,000
Wyoming..................... Camp Guernsey............. $2,650,000
------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(B), the Secretary of the
Army may acquire real property and carry out military
construction projects for the Army Reserve locations, and in
the amounts, set forth in the following table:

Army Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California.................. BT Collins................ $6,874,000
Fort Hunter Liggett....... $7,035,000
Garden Grove.............. $25,440,000
Montana..................... Butte..................... $7,629,000
New Jersey.................. Fort Dix.................. $22,900,000
New York.................... Fort Drum................. $15,923,000
Texas....................... Ellington Field........... $15,000,000
Fort Worth................ $15,076,000
Wisconsin................... Ellsworth................. $9,100,000
Fort McCoy................ $8,523,000
------------------------------------------------------------------------

[[Page H234]]

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(a)(2), the Secretary of the
Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps
Reserve locations, and in the amounts, set forth in the
following table:

Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California............................ Miramar............................. $5,580,000
Michigan.............................. Selfridge........................... $4,030,000
Ohio.................................. Wright-Patterson Air Force Base..... $10,277,000
Oregon................................ Portland............................ $1,900,000
South Dakota.......................... Sioux Falls......................... $3,730,000
Texas................................. Austin.............................. $6,490,000
Fort Worth.......................... $27,484,000
Virginia.............................. Quantico............................ $2,410,000
----------------------------------------------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(A), the Secretary of the
Air Force may acquire real property and carry out military
construction projects for the Air National Guard locations,
and in the amounts, set forth in the following table:

Air National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Colorado..................... Buckley Air National Guard $7,300,000
Base.
Delaware..................... New Castle................. $10,800,000
Florida...................... Jacksonville International $6,000,000
Airport.
Georgia...................... Savannah International $9,000,000
Airport.
Indiana...................... Hulman Regional Airport.... $7,700,000
Kansas....................... Smoky Hill Air National $9,000,000
Guard Range.
Louisiana.................... Camp Beauregard............ $1,800,000
Massachusetts................ Otis Air National Guard $1,800,000
Base.
Barnes Air National Guard $7,300,000
Base.
Mississippi.................. Key Field.................. $6,100,000
Nebraska..................... Lincoln.................... $8,900,000
Nevada....................... Reno-Tahoe International $5,200,000
Airport.
New Hampshire................ Pease Air National Guard $8,900,000
Base.
New Jersey................... Atlantic City.............. $9,800,000
New York..................... Gabreski Airport........... $8,400,000
Griffiss................... $6,600,000
Hancock Field.............. $5,100,000
North Carolina............... Charlotte.................. $4,000,000
Ohio......................... Rickenbacker Air National $7,600,000
Guard Base.
Pennsylvania................. Fort Indiantown Gap........ $12,700,000
Harrisburg................. $1,000,000
Rhode Island................. Quonset State Airport...... $5,000,000
South Dakota................. Joe Foss Field............. $7,900,000
Tennessee.................... Lovell Field............... $8,200,000
McGhee-Tyson Airport....... $3,200,000
Memphis International $11,376,000
Airport.
Texas........................ Ellington Field............ $7,200,000
Vermont...................... Burlington................. $6,600,000
West Virginia................ Eastern WV Regional Airport $50,776,000
Yeager..................... $17,300,000
Wisconsin.................... Truax Field................ $7,000,000
------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(B), the Secretary of the
Air Force may acquire real property and carry out military
construction projects for the Air Force Reserve locations,
and in the amounts, set forth in the following table:

Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alaska...................... Elmendorf Air Force Base.. $14,950,000
Utah........................ Hill Air Force Base....... $3,200,000
------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$536,656,000; and
(B) for the Army Reserve, $148,133,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $64,430,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$287,537,000; and
(B) for the Air Force Reserve, $28,359,000.

[[Page H235]]

SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2007 GUARD AND RESERVE PROJECTS FOR WHICH FUNDS
WERE NOT APPROPRIATED.

Section 2601 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2463) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``$561,375,000'' and
inserting ``$476,697,000''; and
(B) in subparagraph (B), by striking ``$190,617,000'' and
inserting ``$167,987,000'';
(2) in paragraph (2), by striking ``49,998,000'' and
inserting ``$43,498,000''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``$294,283,000'' and
inserting ``$133,983,000''; and
(B) in subparagraph (B), by striking ``$56,836,000'' and
inserting ``$47,436,000''.

SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2006 AIR FORCE RESERVE CONSTRUCTION AND
ACQUISITION PROJECTS.

Section 2601(3)(B) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3501) is amended by striking
``$105,883,000'' and inserting ``$102,783,000''.

SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.

(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2116), the
authorizations set forth in the tables in subsection (b), as
provided in section 2601 of that Act (118 Stat. 2115), shall
remain in effect until October 1, 2008, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2009, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:

Army National Guard: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
Installation or location Project Amount
------------------------------------------------------------------------
Dublin, California............... Readiness center..... $11,318,000
Gary, Indiana.................... Reserve center....... 9,380,000
------------------------------------------------------------------------

Army Reserve: Extension of 2005 Project Authorization
------------------------------------------------------------------------
Installation or location Project Amount
------------------------------------------------------------------------
Corpus Christi (Robstown), Texas. Storage facility..... $9,038,000
------------------------------------------------------------------------

SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2004 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1716), the
authorizations set forth in the table in subsection (b), as
provided in section 2601 of that Act (117 Stat. 1715) and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2007 (division B of Public
Law 109-364; 120 Stat. 2464), shall remain in effect until
October 1, 2008, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2009, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Army National Guard: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
Installation or location Project Amount
------------------------------------------------------------------------
Albuquerque, New Mexico........ Readiness center....... $2,533,000
Fort Indiantown Gap, Multi-purpose training 15,338,000
Pennsylvania. range.
------------------------------------------------------------------------

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
1990.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2007, for base closure
and realignment activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account 1990 established by section 2906 of such Act, in the
total amount of $295,689,000, as follows:
(1) For the Department of the Army, $98,716,000.
(2) For the Department of the Navy, $50,000,000.
(3) For the Department of the Air Force, $143,260,000.
(4) For the Defense Agencies, $3,713,000.

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 2005.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may
carry out base closure and realignment activities, including
real property acquisition and military construction projects,
as authorized by the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of
Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $8,718,988,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
2005.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account 2005
established by section 2906A of such Act, in the total amount
of $8,040,401,000, as follows:
(1) For the Department of the Army, $4,015,746,000.
(2) For the Department of the Navy, $733,695,000.
(3) For the Department of the Air Force, $1,183,812,000.
(4) For the Defense Agencies, $2,241,062,000.
(b) General Reduction.--The amount otherwise authorized to
be appropriated by subsection (a) is reduced by $133,914,000.

SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS FOR
MILITARY CONSTRUCTION AND MILITARY FAMILY
HOUSING PROJECTS RELATED TO BASE CLOSURES AND
REALIGNMENTS.

(a) Variations Authorized.--Section 2905A of the Defense
Base Closure and Realignment

[[Page H236]]

Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) is amended by adding at the end the
following new subsection:
``(f) Authorized Cost and Scope of Work Variations.--(1)
Subject to paragraphs (2) and (3), the cost authorized for a
military construction project or military family housing
project to be carried out using funds in the Account may not
be increased or reduced by more than 20 percent or
$2,000,000, whichever is greater, of the amount specified for
the project in the conference report to accompany the
Military Construction Authorization Act authorizing the
project. The scope of work for such a project may not be
reduced by more than 25 percent from the scope specified in
the most recent budget documents for the projects listed in
such conference report.
``(2) Paragraph (1) shall not apply to a military
construction project or military family housing project to be
carried out using funds in the Account with an estimated cost
of less than $5,000,000, unless the project has not been
previously identified in any budget submission for the
Account and exceeds the applicable minor construction
threshold under section 2805 of title 10, United States Code.
``(3) The limitation on cost or scope variation in
paragraph (1) shall not apply if the Secretary of Defense
makes a determination that an increase or reduction in cost
or a reduction in the scope of work for a military
construction project or military family housing project to be
carried out using funds in the Account needs to be made for
the sole purpose of meeting unusual variations in cost or
scope. If the Secretary makes such a determination, the
Secretary shall notify the congressional defense committees
of the variation in cost or scope not later than 21 days
before the date on which the variation is made in connection
with the project or, if the notification is provided in an
electronic medium pursuant to section 480 of title 10, United
States Code, not later than 14 days before the date on which
the variation is made. The Secretary shall include the
reasons for the variation in the notification.''.
(b) Report on Existing Projects.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report specifying all military construction projects and
military family housing projects carried out using funds in
the Department of Defense Base Closure Account 2005 for which
a cost or scope of work variation was made before that date
that would have been subject to subsection (f) of section
2905A of the Defense Base Closure and Realignment Act of
1990, as added by this section, if such subsection had been
in effect when the cost or scope of work variation was made.
The Secretary shall include a description of each variation
covered by the report and the reasons for the variation.

SEC. 2705. TRANSFER OF FUNDS FROM DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 2005 TO DEPARTMENT OF DEFENSE
HOUSING FUNDS.

(a) Transfer Authority.--Subsection (c) of section 2883 of
title 10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(G) Subject to subsection (f), any amounts that the
Secretary of Defense transfers to that Fund from amounts in
the Department of Defense Base Closure Account 2005.''; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
``(G) Subject to subsection (f), any amounts that the
Secretary of Defense transfers to that Fund from amounts in
the Department of Defense Base Closure Account 2005.''.
(b) Notification and Justification for Transfer.--
Subsection (f) of such section is amended--
(1) by striking ``paragraph (1)(B) or (2)(B)'' and
inserting ``subparagraph (B) or (G) of paragraph (1) or
subparagraph (B) or (G) of paragraph (2)''; and
(2) by adding at the end the following new sentence: ``In
addition, the notice required in connection with a transfer
under subparagraph (G) of paragraph (1) or subparagraph (G)
of paragraph (2) shall include a certification that the
amounts to be transferred from the Department of Defense Base
Closure Account 2005 were specified in the conference report
to accompany the most recent Military Construction
Authorization Act.''.

SEC. 2706. COMPREHENSIVE ACCOUNTING OF FUNDING REQUIRED TO
ENSURE TIMELY IMPLEMENTATION OF 2005 DEFENSE
BASE CLOSURE AND REALIGNMENT COMMISSION
RECOMMENDATIONS.

The Secretary of Defense shall submit to Congress with the
budget materials for fiscal year 2009 a comprehensive
accounting of the funding required to ensure that the plan
for implementing the final recommendations of the 2005
Defense Base Closure and Realignment Commission remains on
schedule for completion by September 15, 2011, as required by
section 2904(c)(5) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note).

SEC. 2707. RELOCATION OF UNITS FROM ROBERTS UNITED STATES
ARMY RESERVE CENTER AND NAVY-MARINE CORPS
RESERVE CENTER, BATON ROUGE, LOUISIANA.

The Secretary of the Army may use funds appropriated
pursuant to the authorization of appropriations in paragraphs
(1) and (2) of section 2703 for the purpose of siting an Army
Reserve Center and Navy and Marine Corps Reserve Center on
land under the control of the State of Louisiana adjacent to,
or in the vicinity of, the Baton Rouge Metropolitan Airport
in Baton Rouge, Louisiana, at a location determined by the
Secretary to be in the best interest of national security and
in the public interest.

SEC. 2708. ACQUISITION OF REAL PROPERTY, FORT BELVOIR,
VIRGINIA, AS PART OF THE REALIGNMENT OF THE
INSTALLATION.

(a) Acquisition Authority.--Pursuant to section
2905(a)(1)(A) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), the relocation of members of the Armed
Forces and civilian employees of the Department of Defense
who are scheduled to be relocated to Fort Belvoir, Virginia,
shall be limited to the following locations:
(1) Fort Belvoir.
(2) A parcel of real property consisting of approximately
69.5 acres, under the administrative jurisdiction of the
Administrator of General Services (in this section referred
to as the ``Administrator'') and containing warehouse
facilities in Springfield, Virginia (in this section referred
to as the ``GSA Property'').
(3) Any other parcels of land (using including any
improvement thereon) that are acquired, using competitive
procedures, in fee in the vicinity of Fort Belvoir.
(b) Acquisition Selection Criteria.--The Secretary of the
Army shall select the site to be used under subsection (a)
based on the best value to the Government, and, in making
that determination, the Secretary shall consider cost and
schedule.
(c) GSA Property Transfer Authorized.--Pursuant to the
relocation alternative authorized by subsection (a)(2), the
Administrator may transfer the GSA Property to the
administrative jurisdiction of the Secretary of the Army for
the purpose of permitting the Secretary to construct
facilities on the property to support administrative
functions to be located at Fort Belvoir, Virginia.
(d) Implementation of GSA Property Transfer.--
(1) Consideration.--As consideration for the transfer of
the GSA Property under subsection (c), the Secretary of the
Army shall--
(A) pay all reasonable costs to move personnel,
furnishings, equipment, and other material related to the
relocation of functions identified by the Administrator; and
(B) if determined to be necessary by the Administrator--
(i) transfer to the administrative jurisdiction of the
Administrator a parcel of property in the National Capital
Region under the jurisdiction of the Secretary and determined
to be suitable by the Administrator;
(ii) design and construct storage facilities, utilities,
security measures, and access to a road infrastructure on the
parcel transferred under clause (i) to meet the requirements
of the Administrator; and
(iii) enter into a memorandum of agreement with the
Administrator for support services and security at the new
facilities constructed pursuant to clause (ii).
(2) Equal value transfer.--As a condition of the transfer
of the GSA Property under subsection (c), the transfer
agreement shall provide that the fair market value of the GSA
Property and the consideration provided under paragraph (1)
shall be equal or, if not equal, shall be equalized through
the use of a cash equalization payment.
(3) Description of property.--The exact acreage and legal
description of the GSA Property shall be determined by
surveys satisfactory to the Administrator and the Secretary
of the Army.
(4) Congressional notice.--Before undertaking an activity
under subsection (c) that would require approval of a
prospectus under section 3307 of title 40, United States
Code, the Administrator shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Environment and Public
Works of the Senate, and the congressional defense committees
a written notice containing a description of the activity to
be undertaken.
(5) No effect on compliance with environmental laws.--
Nothing in this section or subsection (c) may be construed to
affect or limit the application of or obligation to comply
with any environmental law, including section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
(6) Additional terms and conditions.--The Administrator and
the Secretary of the Army may require such additional terms
and conditions in connection with the GSA Property transfer
as the Administrator, in consultation with the Secretary,
determines appropriate to protect the interests of the United
States and further the purposes of this section.
(e) Administration of Transferred or Acquired Property.--
Upon completion of any property transfer or acquisition
authorized by subsection (a), the property shall be
administered by the Secretary of the Army as a part of Fort
Belvoir.
(f) Status Report.--Not later than March 1, 2008, the
Secretary of the Army shall submit to the congressional
defense committees a report on the status and estimated costs
of implementing subsection (a).

SEC. 2709. REPORT ON AVAILABILITY OF TRAFFIC INFRASTRUCTURE
AND FACILITIES TO SUPPORT BASE REALIGNMENT.

(a) Sense of Congress.--

[[Page H237]]

(1) Designation of defense access roads.--It is the sense
of Congress that roads leading onto Fort Belvoir, Virginia,
and other military installations that will be significantly
impacted by an increase in the number of members of the Armed
Forces and civilian employees of the Department of Defense
assigned to the installation as a result of the 2005 round of
defense base closures and realignments under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) or any other
significant impact resulting from a realignment of forces
should be considered for designation as defense access roads
for purposes of section 210 of title 23, United States Code.
(2) Facilities and infrastructure.--It is the sense of
Congress that the Secretary of Defense should seek to ensure
that the permanent facilities and infrastructure necessary to
support the mission of the Armed Forces and the quality of
life needs of members of the Armed Forces, civilian
employees, and their families are ready for use at receiving
locations before units are transferred to such locations as a
result of the 2005 round of defense base closures and
realignments.
(b) Study of Military Infrastructure and Surface
Transportation Infrastructure.--Not later than April 1, 2008,
the Comptroller General shall submit to the congressional
defense committees a report with regard to each military
installation that will be significantly impacted by an
increase in assigned forces or civilian personnel, as
described in subsection (a), for the purpose of determining
whether--
(1) military facility requirements (including quality of
life projects) will be met before the arrival of assigned
forces; and
(2) the Department of Defense has programmed sufficient
funding to mitigate community traffic congestion in
accordance with the defense access roads program under
section 210 of title 23, United States Code.

TITLE XXVIIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Subtitle B--Real Property and Facilities Administration

Subtitle C--Land Conveyances

Subtitle D--Energy Security

Subtitle E--Other Matters

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

SEC. 2801. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS
FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED
STATES.

(a) One-Year Extension of Authority.--Subsection (a) of
section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1723), as amended by section 2810 of the Military
Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108-375; 118 Stat. 2128), section 2809 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3508), and
section 2802 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2466), is further amended by striking ``2007'' and
inserting ``2008''.

[[Page H238]]

(b) Prenotification Requirement.--Subsection (b) of such
section is amended by striking the first sentence and
inserting the following new sentences: ``Before using
appropriated funds available for operation and maintenance to
carry out a construction project outside the United States
that has an estimated cost in excess of the amounts
authorized for unspecified minor military construction
projects under section 2805(c) of title 10, United States
Code, the Secretary of Defense shall submit to the
congressional committees specified in subsection (f) a notice
regarding the construction project. The project may be
carried out only after the end of the 10-day period beginning
on the date the notice is received by the committees or, if
earlier, the end of the 7-day period beginning on the date on
which a copy of the notification is provided in an electronic
medium pursuant to section 480 of title 10, United States
Code.''.
(c) Annual Limitation on Use of Authority.--Subsection (c)
of such section is amended to read as follows:
``(c) Annual Limitation on Use of Authority.--The total
cost of the construction projects carried out under the
authority of this section using, in whole or in part,
appropriated funds available for operation and maintenance
shall not exceed $200,000,000 in a fiscal year.''.
(d) Conforming Amendment.--Subsection (g) of such section
is amended by striking ``notice of the'' and inserting
``advance notice of the proposed''.
(e) Ratification of Proposed Construction and Land
Acquisition Projects Using Fiscal Year 2007 Operation and
Maintenance Funds.--The nine construction projects outside
the United States proposed to be carried out using funds
appropriated to the Department of Defense for operation and
maintenance for fiscal year 2007, but for which the
obligation or expenditure of funds was prohibited by
subsection (g) of section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1723), as added by section 2809 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3508), may be
carried out using such funds after the date of the enactment
of this Act notwithstanding such subsection (g).

SEC. 2802. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION OF
MILITARY CONSTRUCTION.

(a) Clarification of Requirement for Authorization.--
Section 2802(a) of title 10, United States Code, is amended
by inserting after ``military construction projects'' the
following: ``, land acquisitions, and defense access road
projects (as described under section 210 of title 23)''.
(b) Clarification of Definition.--Section 2801(a) of such
title is amended by inserting after ``permanent
requirements'' the following: ``, or any acquisition of land
or construction of a defense access road (as described in
section 210 of title 23)''.

SEC. 2803. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.

Section 2805(a)(1) of title 10, United States Code, is
amended by striking ``$1,500,000'' and inserting
``$2,000,000''.

SEC. 2804. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF
DEPARTMENT OF DEFENSE LABORATORIES THROUGH
UNSPECIFIED MINOR MILITARY CONSTRUCTION
PROJECTS.

(a) Laboratory Revitalization.--Section 2805 of title 10,
United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Laboratory Revitalization.--(1) For the
revitalization and recapitalization of laboratories owned by
the United States and under the jurisdiction of the Secretary
concerned, the Secretary concerned may obligate and expend--
``(A) from appropriations available to the Secretary
concerned for operation and maintenance, amounts necessary to
carry out an unspecified minor military construction project
costing not more than $2,000,000; or
``(B) from appropriations available to the Secretary
concerned for military construction not otherwise authorized
by law, amounts necessary to carry out an unspecified minor
military construction project costing not more than
$4,000,000.
``(2) For an unspecified minor military construction
project conducted pursuant to this subsection, $2,000,000
shall be deemed to be the amount specified in subsection
(b)(1) regarding when advance approval of the project by the
Secretary concerned and congressional notification is
required. The Secretary of Defense shall establish procedures
for the review and approval of requests from the Secretary of
a military department to carry out a construction project
under this subsection.
``(3) For purposes of this subsection, the total amount
allowed to be applied in any one fiscal year to projects at
any one laboratory shall be limited to the larger of the
amounts applicable under paragraph (1).
``(4) Not later than February 1, 2010, the Secretary of
Defense shall submit to the congressional defense committees
a report on the use of the authority provided by this
subsection. The report shall include a list and description
of the construction projects carried out under this
subsection, including the location and cost of each project.
``(5) In this subsection, the term `laboratory' includes--
``(A) a research, engineering, and development center; and
``(B) a test and evaluation activity.
``(6) The authority to carry out a project under this
subsection expires on September 30, 2012.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Authority To Carry
Out Unspecified Minor Military Construction Projects.--''
after ``(a)'';
(2) in subsection (b), by inserting ``Approval and
Congressional Notification.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Use of Operation and
Maintenance Funds.--'' after ``(c)''; and
(4) in subsection (e), as redesignated by subsection
(a)(1), by inserting ``Prohibition on Use for New Housing
Units.--'' after ``(e)''.

SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT EQUALIZATION
PAYMENTS FOR FACILITY EXCHANGES.

Section 2809(c)(5) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2127) is amended by striking
``September 30, 2007'' and inserting ``September 30, 2010''.

SEC. 2806. MODIFICATIONS OF AUTHORITY TO LEASE MILITARY
FAMILY HOUSING.

(a) Increased Maximum Lease Amount Applicable to Certain
Domestic Army Family Housing Leases.--Subsection (b) of
section 2828 of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``paragraphs (3) and
(4)'' and inserting ``paragraphs (3), (4), and (7)'';
(2) in paragraph (5), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2), (3), and (7)''; and
(3) by adding at the end the following new paragraph:
``(7)(A) Not more than 600 housing units may be leased by
the Secretary of the Army under subsection (a) for which the
expenditure for the rental of such units (including the cost
of utilities, maintenance, and operation) exceeds the maximum
amount per unit per year in effect under paragraph (2) but
does not exceed $18,620 per unit per year, as adjusted from
time to time under paragraph (5).
``(B) The maximum lease amount provided in subparagraph (A)
shall apply only to Army family housing in areas designated
by the Secretary of the Army.
``(C) The term of a lease under subparagraph (A) may not
exceed 2 years.''.
(b) Foreign Military Family Housing Leases.--Subsection
(e)(2) of such section is amended by striking ``the Secretary
of the Navy may lease not more than 2,800 units of family
housing in Italy, and the Secretary of the Army may lease not
more than 500 units of family housing in Italy'' and
inserting ``the Secretaries of the military departments may
lease not more than 3,300 units of family housing in Italy''.
(c) Increased Threshold for Congressional Notification for
Foreign Military Family Housing Leases.--Subsection (f) of
such section is amended by striking ``$500,000'' and
inserting ``$1,000,000''.
(d) Report Required.--Not later than March 1, 2008, the
Secretary of Defense shall submit to the congressional
defense committees a report on the rental of family housing
in foreign countries (including the costs of utilities,
maintenance, and operations) that exceed $60,000 per unit per
year. The report shall include a list and description of
rental units (including total gross square feet and number of
bedrooms), location, rental cost, the requirement for the
rental, and the options that the Secretary has available to
decrease the costs associated with the rentals.

SEC. 2807. EXPANSION OF AUTHORITY TO EXCHANGE RESERVE
COMPONENT FACILITIES.

Section 18240(a) of title 10, United States Code, is
amended by striking ``with a State'' in the first sentence
and inserting ``with an Executive agency (as defined in
section 105 of title 5), the United States Postal Service, or
a State''.

SEC. 2808. LIMITATION ON USE OF ALTERNATIVE AUTHORITY FOR
ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING
FOR PRIVATIZATION OF TEMPORARY LODGING
FACILITIES.

(a) Limitation on Privatization of Temporary Lodging
Facilities.--Notwithstanding any other provision of
subchapter IV of chapter 169 of title 10, United States Code,
the privatization of temporary lodging facilities under such
subchapter is limited to the military installations
authorized in subsection (b) until 120 days after the date on
which the report described in subsection (d)(1) is submitted.
(b) Authorized Installations.--The military installations
at which the privatization of temporary lodging facilities
may proceed under subsection (a) are the following:
(1) Redstone Arsenal, Alabama.
(2) Fort Rucker, Alabama.
(3) Yuma Proving Ground, Arizona.
(4) Fort McNair, District of Columbia.
(5) Fort Shafter, Hawaii.
(6) Tripler Army Medical Center, Hawaii.
(7) Fort Leavenworth, Kansas.
(8) Fort Riley, Kansas.
(9) Fort Polk, Louisiana.
(10) Fort Sill, Oklahoma.
(11) Fort Hood, Texas.
(12) Fort Sam Houston, Texas.
(13) Fort Myer, Virginia.
(c) Effect of Limitation.--The limitation imposed by
subsection (a) prohibits the

[[Page H239]]

issuance of contract solicitations for the privatization of
temporary lodging facilities at any military installation not
specified in subsection (b).
(d) Reporting Requirements.--
(1) Report by secretary of the army.--Not earlier than
eight months after the date on which the notice of transfer
associated with the military installations specified in
subsection (b) is issued, the Secretary of the Army shall
submit to the congressional defense committees and the
Comptroller General a report that--
(A) describes the implementation of the privatization of
temporary lodging facilities at the installations specified
in subsection (b);
(B) evaluates the efficiency of the program; and
(C) contains such recommendations as the Secretary
considers appropriate regarding expansion of the program.
(2) Report by comptroller general.--Not later than 90 days
after receiving the report under paragraph (1), the
Comptroller General shall submit to the congressional defense
committees a review of both the privatization of temporary
lodging facilities and the report of the Secretary.

SEC. 2809. TWO-YEAR EXTENSION OF TEMPORARY PROGRAM TO USE
MINOR MILITARY CONSTRUCTION AUTHORITY FOR
CONSTRUCTION OF CHILD DEVELOPMENT CENTERS.

(a) Extension.--Subsection (e) of section 2810 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3510) is amended
by striking ``September 30, 2007'' and inserting ``September
30, 2009''.
(b) Report Required.--Subsection (d) of such section is
amended by striking ``March 1, 2007'' and inserting ``March
1, 2009''.

SEC. 2810. REPORT ON HOUSING PRIVATIZATION INITIATIVES.

(a) Report Required.--Not later than March 31, 2008, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing--
(1) a list of all housing privatization transactions
carried out by the Department of Defense that, as of such
date, are behind schedule or in default; and
(2) recommendations regarding the opportunities for the
Federal Government to ensure that all terms of each housing
privatization transaction are completed according to the
original schedule and budget.
(b) Specific Information Regarding Each Transaction.--For
each housing privatization transaction included in the report
required by subsection (a), the report shall provide a
description of the following:
(1) The reasons for schedule delays, cost overruns, or
default.
(2) How solicitations and competitions were conducted for
the project.
(3) How financing, partnerships, legal arrangements,
leases, or contracts in relation to the project were
structured.
(4) Which entities, including Federal entities, are bearing
financial risk for the project, and to what extent.
(5) The remedies available to the Federal Government to
restore the transaction to schedule or ensure completion of
the terms of the transaction in question at the earliest
possible time.
(6) The extent to which the Federal Government has the
ability to affect the performance of various parties involved
in the project.
(7) The remedies available to subcontractors to recoup
liens in the case of default, non-payment by the developer or
other party to the transaction or lease agreement, or re-
structuring.
(8) The remedies available to the Federal Government to
affect receivership actions or transfer of ownership of the
project.
(9) The names of the developers for the project and any
history of previous defaults or bankruptcies by these
developers or their affiliates.
(c) Housing Privatization Transaction Defined.--In this
section, the term ``housing privatization transaction'' means
any contract or other transaction for the construction or
acquisition of military family housing or military
unaccompanied housing entered into under the authority of
subchapter IV of chapter 169 of title 10, United States Code.

Subtitle B--Real Property and Facilities Administration

SEC. 2821. REQUIREMENT TO REPORT REAL PROPERTY TRANSACTIONS
RESULTING IN ANNUAL COSTS OF MORE THAN
$750,000.

(a) Inclusion of Transactions Involving Defense Agencies.--
(1) Requirement to report.--Subsection (a) of section 2662
of title 10, United States Code, is amended--
(A) in paragraph (1), by striking ``, or his designee,''
and inserting ``or, with respect to a Defense Agency, the
Secretary of Defense''; and
(B) in paragraph (3), by inserting after ``military
department'' the following: ``or the Secretary of Defense''.
(2) Annual report regarding minor transactions.--Subsection
(b) of such section is amended by inserting after ``military
department'' the following: ``and, with respect to Defense
Agencies, the Secretary of Defense''.
(3) Exceptions.--Subsection (g) of such section is amended
by adding at the end the following new paragraph:
``(4) In this subsection, the term `Secretary concerned'
includes, with respect to Defense Agencies, the Secretary of
Defense.''.
(b) Inclusion of Additional Transaction.--Subsection (a)(1)
of such section is amended by adding at the end the following
new subparagraph:
``(G) Any transaction or contract action that results in,
or includes, the acquisition or use by, or the lease or
license to, the United States of real property, if the
estimated annual rental or cost for the use of the real
property is more than $750,000.''.

SEC. 2822. CONTINUED CONSOLIDATION OF REAL PROPERTY
PROVISIONS WITHOUT SUBSTANTIVE CHANGE.

(a) Consolidation.--Section 2663 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(h) Land Acquisition Options in Advance of Military
Construction Projects.--(1) The Secretary of a military
department may acquire an option on a parcel of real property
before or after its acquisition is authorized by law, if the
Secretary considers it suitable and likely to be needed for a
military project of the military department under the
jurisdiction of the Secretary.
``(2) As consideration for an option acquired under
paragraph (1), the Secretary may pay, from funds available to
the military department under the jurisdiction of the
Secretary for real property activities, an amount that is not
more than 12 percent of the appraised fair market value of
the property.''.
(b) Repeal of Superseded Provision.--
(1) Repeal.--Section 2677 of such title is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 159 of such title is amended by striking
the item relating to section 2677.

SEC. 2823. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS
PROPERTY OF THE MILITARY DEPARTMENTS.

(a) Elimination of Authority To Accept Facilities Operation
Support as In-Kind Consideration.--Subsection (c)(1) of
section 2667 of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by striking subparagraph (D) and inserting the
following new subparagraphs:
``(D) Provision or payment of utility services for the
Secretary concerned.
``(E) Provision of real property maintenance services for
the Secretary concerned.''.
(b) Elimination of Authority To Use Rental and Certain
Other Proceeds for Facilities Operation Support.--Subsection
(e)(1)(C) of such section is amended--
(1) by adjusting the margins of clauses (ii) and (iii) to
conform to the margin of clause (i); and
(2) by striking clause (iv) and inserting the following new
clauses:
``(iv) Payment of utility services.
``(v) Real property maintenance services.''.
(c) Use of Competitive Procedures for Selection of Certain
Lessees.--Subsection (h) of such section is amended--
(1) in paragraph (1), by striking ``exceeds one year, and
the fair market value of the lease'' and inserting ``exceeds
one year, or the fair market value of the lease'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by striking paragraph (2) and inserting the following
new paragraphs:
``(2) Paragraph (1) does not apply if the Secretary
concerned determines that--
``(A) a public interest will be served as a result of the
lease; and
``(B) the use of competitive procedures for the selection
of certain lessees is unobtainable or not compatible with the
public benefit served under subparagraph (A).
``(3) Not later than 45 days before entering into a lease
described in paragraph (1), the Secretary concerned shall
submit to Congress written notice describing the terms of the
proposed lease and--
``(A) the competitive procedures used to select the lessee;
or
``(B) in the case of a lease involving the public benefit
exception authorized by paragraph (2), a description of the
public benefit to be served by the lease.''.
(d) Technical Amendments Related to Prior-Year Amendment.--
Subsection (e) of such section is amended--
(1) in paragraph (1)(B)(ii), by striking ``paragraph (4),
(5), or (6)'' and inserting ``paragraph (3), (4), or (5)'';
and
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5).

SEC. 2824. COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF
CULTURAL RESOURCES ON CERTAIN SITES OUTSIDE
MILITARY INSTALLATIONS.

(a) Expanded Authority.--Section 2684 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``on military
installations'' and inserting ``located on a site authorized
by subsection (b)'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Authorized Cultural Resources Sites.--To be covered
by a cooperative agreement under subsection (a), cultural
resources must be located--
``(1) on a military installation; or
``(2) on a site outside of a military installation, but
only if the cooperative agreement will directly relieve or
eliminate current or

[[Page H240]]

anticipated restrictions that would or might restrict,
impede, or otherwise interfere, whether directly or
indirectly, with current or anticipated military training,
testing, or operations on a military installation.''.
(b) Cultural Resource Defined.--Subsection (d) of such
section, as redesignated by subsection (a)(2), is amended by
adding at the end the following new paragraph:
``(5) An Indian sacred site, as defined in section
1(b)(iii) of Executive Order No. 13007.''.

SEC. 2825. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER
CONSTRAINTS ON MILITARY TRAINING, TESTING, AND
OPERATIONS.

(a) Management of Natural Resources of Acquired Property.--
Subsection (d) of section 2684a of title 10, United States
Code, is amended--
(1) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) An agreement with an eligible entity under this
section may provide for the management of natural resources
on real property in which the Secretary concerned acquires
any right, title, or interest in accordance with this
subsection and for the payment by the United States of all or
a portion of the costs of such natural resource management if
the Secretary concerned determines that there is a
demonstrated need to preserve or restore habitat for the
purpose described in subsection (a)(2).''.
(b) Limitation on Portion of Acquisition Costs Borne by
United States.--Paragraph (4) of such subsection, as
redesignated by subsection (a)(1), is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
(2) in subparagraph (C), by striking ``equal to the fair
market value'' and all that follows through the period at the
end and inserting ``equal to, at the discretion of the
Secretary concerned--
``(i) the fair market value of any property or interest in
property to be transferred to the United States upon the
request of the Secretary concerned under paragraph (5); or
``(ii) the cumulative fair market value of all properties
or interests to be transferred to the United States under
paragraph (5) pursuant to an agreement under subsection
(a).''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) The portion of acquisition costs borne by the United
States under subparagraph (A) may exceed the amount
determined under subparagraph (C), but only if--
``(i) the Secretary concerned provides written notice to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
containing--
``(I) a certification by the Secretary that the military
value to the United States of the property or interest to be
acquired justifies a payment in excess of the fair market
value of the property or interest; and
``(II) a description of the military value to be obtained;
and
``(ii) the contribution toward the acquisition costs of the
property or interest is not made until at least 14 days after
the date on which the notice is submitted under clause (i)
or, if earlier, at least 10 days after the date on which a
copy of the notice is provided in an electronic medium
pursuant to section 480 of this title.''.

SEC. 2826. EXPANSION TO ALL MILITARY DEPARTMENTS OF ARMY
PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL
SERVICES FOR MILITARY INSTALLATIONS.

(a) Expansion of Pilot Program.--Section 325 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 10 U.S.C. 2461 note) is amended--
(1) in the section heading, by striking ``ARMY'' and
inserting ``MILITARY'';
(2) in subsection (a)--
(A) by striking ``Secretary of the Army'' and inserting
``Secretary of a military department''; and
(B) by striking ``an Army installation'' and inserting ``a
military installation under the jurisdiction of the
Secretary''; and
(3) in subsection (d), by striking ``The Secretary'' and
inserting ``The Secretary of a military department''.
(b) Participating Installations.--Subsection (c) of such
section is amended by striking ``two Army installations'' and
inserting ``three military installations from each military
service''.
(c) Extension of Duration of Program.--Such section is
further amended by striking subsections (e) and (f) and
inserting the following new subsection:
``(e) Termination of Pilot Program.--The pilot program
shall terminate on September 30, 2012. Any contract entered
into under the pilot program shall terminate not later than
that date.''.

SEC. 2827. PROHIBITION ON COMMERCIAL FLIGHTS INTO SELFRIDGE
AIR NATIONAL GUARD BASE.

The Secretary of Defense shall prohibit the use of
Selfridge Air National Guard Base by commercial service
aircraft.

SEC. 2828. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ACTIONS
TO PROTECT INSTALLATIONS, RANGES, AND MILITARY
AIRSPACE FROM ENCROACHMENT.

(a) Findings.--In light of the initial report of the
Department of Defense submitted pursuant to section 2684a(g)
of title 10, United States Code, and of the RAND Corporation
report entitled ``The Thin Green Line: An Assessment of DoD's
Readiness and Environmental Protection Initiative to Buffer
Installation Encroachment'', Congress makes the following
findings:
(1) Development and loss of habitat in the vicinity of, or
in areas ecologically related to, military installations,
ranges, and airspace pose a continuing and significant threat
to the readiness of the Armed Forces.
(2) The Range Sustainability Program (RSP) of the
Department of Defense, and in particular the Readiness and
Environmental Protection Initiative (REPI) involving
agreements pursuant to section 2684a of title 10, United
States Code, have been effective in addressing this threat to
readiness with regard to a number of important installations,
ranges, and airspace.
(3) The opportunities to take effective action to protect
installations, ranges, and airspace from encroachment is in
many cases transient, and delay in taking action will result
in either higher costs or permanent loss of the opportunity
effectively to address encroachment.
(b) Sense of Congress.--It is the sense of Congress that
the Department of Defense should--
(1) develop additional policy guidance on the further
implementation of the Readiness and Environmental Protection
Initiative (REPI), to include additional emphasis on
protecting biodiversity and on further refining procedures;
(2) give greater emphasis to effective cooperation and
collaboration on matters of mutual concern with other Federal
agencies charged with managing Federal land; and
(3) ensure that each military department takes full
advantage of the authorities provided by section 2684a of
title 10, United States Code, in addressing encroachment
adversely affecting, or threatening to adversely affect, the
installations, ranges, and military airspace of the
department.
(c) Reporting Requirement.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall review Chapter 6 of the initial report
submitted to Congress under section 2684a(g) of title 10,
United States Code, and report to the congressional defense
committees on the specific steps, if any, that the Secretary
plans to take, or recommends that Congress take, to address
the issues raised in such chapter.

SEC. 2829. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL
RANGES.

(a) Report on Utilization and Potential Expansion of Army
Operational Ranges.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report
containing an assessment of the Army operational ranges used
to support training and range activities of the Army. The
report shall include the following information:
(1) The size, description, and mission-essential tasks
supported by each Army operational range during fiscal year
2003.
(2) A description of the projected changes in Army
operational range requirements, including the size,
characteristics, and attributes for mission-essential
activities at each Army operational range and the extent to
which any changes in requirements are a result of--
(A) decisions made as part of the 2005 round of defense
base closure and realignment under the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note);
(B) the conversion of Army brigades to a modular format;
(C) the Integrated Global Presence and Basing Strategy;
(D) the proposal contained in the budget justification
materials submitted in support of the Department of Defense
budget for fiscal year 2008 to increase the size of the
active component of the Army to 547,400 personnel by the end
of fiscal year 2012 and any modification or acceleration
contemplated in the budget submission for fiscal year 2009;
or
(E) high operational tempos or surge requirements.
(3) The projected deficit or surplus of land at each Army
operational range, and a description of the Army's plan to
address that projected deficit or surplus of land as well as
the upgrade of range attributes at each existing Army
operational range.
(4) A description of the Army's prioritization process and
investment strategy to address the potential expansion or
upgrade of Army operational ranges.
(5) An analysis of alternatives to the expansion of Army
operational ranges, including an assessment of the joint use
of operational ranges under the jurisdiction, custody, or
control of the Secretary of another military department.
(6) An analysis of the cost of, potential military value
of, and potential legal or practical impediments to, the
expansion of the Joint Readiness Training Center at Fort
Polk, Louisiana, through the acquisition of additional land
adjacent to or in the vicinity of the installation.
(7) An analysis of the impact of the proposal described in
paragraph (2)(D) on the

[[Page H241]]

plan developed prior to such proposal to relocate forces from
Germany to the United States and vacate installations in
Germany as part of the Integrated Global Presence and Basing
Strategy, including a comparative analysis of--
(A) the projected utilization of the three combat training
centers of the Army if all of the six light infantry brigades
proposed to be added to the active component of the Army
would be based in the United States; and
(B) the projected utilization of such ranges if at least
one of those brigades would be based in Germany or if one of
the brigades proposed to be relocated pursuant to the plan in
paragraph (a)(2)(C) is retained in Germany.
(8) If the analysis required by paragraph (7) indicates
that the Joint Multi-National Readiness Center in Hohenfels,
Germany, or the Army's training complex at Grafenwoehr,
Germany, would not be fully utilized under the basing
scenarios analyzed, an estimate of the cost to replicate the
training capability at that center in another location.
(b) Report on Potential Expansion of Marine Corps
Operational Ranges.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report
containing an assessment of Marine Corps operational ranges
used to support training and range activities of the Marine
Corps. The report required shall include the following
information:
(1) The size, description, and mission-essential tasks
supported by each major Marine Corps operational range during
fiscal year 2003.
(2) A description of the projected changes in Marine Corps
operational range requirements, including the size,
characteristics, and attributes for mission-essential
activities at each range and the extent to which any changes
in requirements are a result of the proposal contained in the
fiscal year 2008 budget request to increase the size of the
active component of the Marine Corps to 202,000 personnel by
the end of fiscal year 2012 and any modification or
acceleration contemplated in the budget submission for fiscal
year 2009.
(3) The projected deficit or surplus of land at each major
Marine Corps operational range, and a description of the
Secretary's plan to address that projected deficit or surplus
of land as well as the upgrade of range attributes at each
existing Marine Corps operational range.
(4) A description of the Secretary's prioritization process
and investment strategy to address the potential expansion or
upgrade of Marine Corps operational ranges.
(5) An analysis of alternatives to the expansion of Marine
Corps operational ranges, including an assessment of the
joint use of operational ranges under the jurisdiction,
custody, or control of the Secretary of another military
department.
(6) An analysis of the cost of, potential military value
of, and potential legal or practical impediments to, the
expansion of Marine Corps Base, Twentynine Palms, California,
through the acquisition of additional land adjacent to or in
the vicinity of that installation that is under the control
of the Bureau of Land Management.
(c) Supplemental Report.--Not later than 90 days after the
date on which the second of the two reports required by
subsections (a) and (b) is submitted, the Secretary of
Defense shall submit to the congressional defense committees
a report containing the following information:
(1) A description of initiatives by the Secretary of
Defense to coordinate the range expansion activities of the
Army and Marine Corps in order to gain efficiencies in
investment and resource allocation.
(2) An analysis of training requirements for the Army and
the Marine Corps that could be accomplished through joint use
of existing ranges.
(3) An analysis of the responses provided by the Secretary
of the Army under subsection (a)(5) and the Secretary of the
Navy subsection (b)(5).
(4) Any other matter that the Secretary of Defense
considers to be of importance to ensure the effective and
timely expansion of ranges to meet Army and Marine Corps
training requirements.
(d) Definitions.--In this section:
(1) The term ``Army operational range'' has the meaning
given the term ``operational range'' in section 101(e)(3) of
title 10, United States Code, except that the term is limited
to operational ranges under the jurisdiction, custody, or
control of the Secretary of the Army.
(2) The term ``Marine Corps operational range'' has the
meaning given the term ``operational range'' in section
101(e)(3) of such title, except that the term is limited to
operational ranges under the jurisdiction, custody, or
control of the Secretary of the Navy that are used by or
available for use by the Marine Corps.
(3) The term ``range activities'' has the meaning given
that term in section 101(e)(2) of such title.

SEC. 2830. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.

Not later than March 1, 2008, the Secretary of the Air
Force shall submit to the congressional defense committees a
report containing a detailed plan of the current and future
aviation assets that the Secretary expects will be based at
Niagara Air Reserve Base, New York. The report shall include
a description of all of the aviation assets that will be
impacted by the series of relocations to be made to or from
Niagara Air Reserve Base and the timeline for such
relocations.

SEC. 2831. REPORT ON THE PINON CANYON MANEUVER SITE,
COLORADO.

(a) Report on the Pinon Canyon Maneuver Site.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
shall submit to the congressional defense committees a report
on the Pinon Canyon Maneuver Site (referred to in this
section as ``the Site'').
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An analysis of whether existing training facilities at
Fort Carson, Colorado, and the Site are sufficient to support
the training needs of units stationed or planned to be
stationed at Fort Carson, including the following:
(i) A description of any new training requirements or
significant developments affecting training requirements for
units stationed or planned to be stationed at Fort Carson
since the 2005 Defense Base Closure and Realignment
Commission found that the base has ``sufficient capacity'' to
support four brigade combat teams and associated support
units at Fort Carson.
(ii) A study of alternatives for enhancing training
facilities at Fort Carson and the Site within their current
geographic footprint, including whether these additional
investments or measures could support additional training
activities.
(iii) A description of the current training calendar and
training load at the Site, including--

(I) the number of brigade-sized and battalion-sized
military exercises held at the Site since its establishment;
(II) an analysis of the maximum annual training load at the
Site, without expanding the Site; and
(III) an analysis of the training load and projected
training calendar at the Site when all brigades stationed or
planned to be stationed at Fort Carson are at home station.

(B) A report of need for any proposed addition of training
land to support units stationed or planned to be stationed at
Fort Carson, including the following:
(i) A description of additional training activities, and
their benefits to operational readiness, which would be
conducted by units stationed at Fort Carson if, through
leases or acquisition from consenting landowners, the Site
were expanded to include--

(I) the parcel of land identified as ``Area A'' in the
Potential PCMS Land expansion map;
(II) the parcel of land identified as ``Area B'' in the
Potential PCMS Land expansion map;
(III) the parcels of land identified as ``Area A'' and
``Area B'' in the Potential PCMS Land expansion map;
(IV) acreage sufficient to allow simultaneous exercises of
a light infantry brigade and a heavy infantry brigade at the
Site;
(V) acreage sufficient to allow simultaneous exercises of
two heavy infantry brigades at the Site;
(VI) acreage sufficient to allow simultaneous exercises of
a light infantry brigade and a battalion at the Site; and
(VII) acreage sufficient to allow simultaneous exercises of
a heavy infantry brigade and a battalion at the Site.

(ii) An analysis of alternatives for acquiring or utilizing
training land at other installations in the United States to
support training activities of units stationed at Fort
Carson.
(iii) An analysis of alternatives for utilizing other
federally owned land to support training activities of units
stationed at Fort Carson.
(C) An analysis of alternatives for enhancing economic
development opportunities in southeastern Colorado at the
current Site or through any proposed expansion, including the
consideration of the following alternatives:
(i) The leasing of land on the Site or any expansion of the
Site to ranchers for grazing.
(ii) The leasing of land from private landowners for
training.
(iii) The procurement of additional services and goods,
including biofuels and beef, from local businesses.
(iv) The creation of an economic development fund to
benefit communities, local governments, and businesses in
southeastern Colorado.
(v) The establishment of an outreach office to provide
technical assistance to local businesses that wish to bid on
Department of Defense contracts.
(vi) The establishment of partnerships with local
governments and organizations to expand regional tourism
through expanded access to sites of historic, cultural, and
environmental interest on the Site.
(vii) An acquisition policy that allows willing sellers to
minimize the tax impact of a sale.
(viii) Additional investments in Army missions and
personnel, such as stationing an active duty unit at the
Site, including--

(I) an analysis of anticipated operational benefits; and
(II) an analysis of economic impacts to surrounding
communities.

(3) Potential pcms land expansion map defined.--In this
subsection, the term ``Potential PCMS Land expansion map''
means the June 2007 map entitled ``Potential PCMS Land
expansion''.

[[Page H242]]

(b) Comptroller General Review of Report.--Not later than
180 days after the Secretary of Defense submits the report
required under subsection (a), the Comptroller General of the
United States shall submit to Congress a review of the report
and of the justification of the Army for expansion at the
Site.
(c) Public Comment.--After the report required under
subsection (b) is submitted to Congress, the Army shall
solicit public comment on the report for a period of not less
than 90 days. Not later than 30 days after the public comment
period has closed, the Secretary shall submit to Congress a
written summary of comments received.

Subtitle C--Land Conveyances

SEC. 2841. MODIFICATION OF CONVEYANCE AUTHORITY, MARINE CORPS
BASE, CAMP PENDLETON, CALIFORNIA.

Section 2851(a) of the Military Construction Authorization
Act for Fiscal Year 1999 (division B of Public Law 105-261;
112 Stat. 2219) is amended by striking ``, notwithstanding
any provision of State law to the contrary,'', as added by
section 2867 of Public Law 107-107 (115 Stat. 1334).

SEC. 2842. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, FLORIDA.

(a) Grant Authorized.--Secretary of the Air Force may use
the authority provided by section 2668 of title 10, United
States Code, to grant to the Mid Bay Bridge Authority an
easement for a roadway right-of-way over such land at Eglin
Air Force Base, Florida, as the Secretary determines
necessary to facilitate the construction of a road connecting
the northern landfall of the Mid Bay Bridge to Florida State
Highway 85.
(b) Consideration.--As consideration for the grant of the
easement under subsection (a), the Mid Bay Bridge Authority
shall pay to the Secretary an amount equal to the fair-
market-value of the easement, as determined by the Secretary.
(c) Costs of Project.--As a condition of the grant of the
easement under subsection (a), the Mid Bay Bridge Authority
shall be responsible for all costs associated with the
highway project described in such subsection, including all
costs the Secretary determines to be necessary to address any
impacts that the project may have on the defense missions at
Eglin Air Force Base.

SEC. 2843. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, LYNN
HAVEN, FLORIDA.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey to Florida State University (in this section
referred to as the ``University'') all right, title, and
interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 40 acres located at the Lynn Haven Fuel Depot
in Lynn Haven, Florida, as a public benefit conveyance for
the purpose of permitting the University to develop the
property as a new satellite campus.
(b) Consideration.--
(1) In general.--For the conveyance of the property under
subsection (a), the University shall provide the United
States with consideration in an amount that is acceptable to
the Secretary, whether in the form of cash payment, in-kind
consideration, or a combination thereof.
(2) Reduced tuition rates.--The Secretary may accept as in-
kind consideration under paragraph (1) reduced tuition rates
or scholarships for military personnel at the University.
(c) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
University to cover costs to be incurred by the Secretary, or
to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, appraisal costs, and other costs
related to the conveyance. If amounts are collected from the
University in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the University.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts
in such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Use of Property for Other Than Intended Purposes.--If
the Secretary determines at any time that the real property
conveyed under subsection (a) is not being used in accordance
with the purposes of the conveyance specified in such
subsection, the University shall pay to the United States an
amount equal to the fair market value of the property, as of
the time of such determination. The fair market value of the
property, excluding the value of any improvements made to the
property by the University, shall be determined by the
Secretary in accordance with Federal appraisal standards and
procedures.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2844. MODIFICATION OF LEASE OF PROPERTY, NATIONAL FLIGHT
ACADEMY AT THE NATIONAL MUSEUM OF NAVAL
AVIATION, NAVAL AIR STATION, PENSACOLA,
FLORIDA.

Section 2850(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-428))
is amended--
(1) by striking ``naval aviation and'' and inserting
``naval aviation,''; and
(2) by inserting before the period at the end the
following: ``, and, as of January 1, 2008, to teach the
science, technology, engineering, and mathematics disciplines
that have an impact on and relate to aviation''.

SEC. 2845. LAND EXCHANGE, DETROIT, MICHIGAN.

(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) City.--The term ``City'' means the City of Detroit,
Michigan.
(3) City land.--The term ``City land'' means the
approximately 0.741 acres of real property, including any
improvement thereon, as depicted on the exchange maps, that
is commonly identified as 110 Mount Elliott Street, Detroit,
Michigan.
(4) Commandant.--The term ``Commandant'' means the
Commandant of the United States Coast Guard.
(5) EDC.--The term ``EDC'' means the Economic Development
Corporation of the City of Detroit.
(6) Exchange maps.--The term ``exchange maps'' means the
maps entitled ``Atwater Street Land Exchange Maps'' prepared
pursuant to subsection (f).
(7) Federal land.--The term ``Federal land'' means
approximately 1.26 acres of real property, including any
improvements thereon, as depicted on the exchange maps, that
is commonly identified as 2660 Atwater Street, Detroit,
Michigan, and under the administrative control of the United
States Coast Guard.
(8) Sector detroit.--The term ``Sector Detroit'' means
Coast Guard Sector Detroit of the Ninth Coast Guard District.
(b) Conveyance Authorized.--The Commandant of the Coast
Guard, in coordination with the Administrator, may convey to
the EDC all right, title, and interest of the United States
in and to the Federal land.
(c) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (b)--
(A) the City shall convey to the United States all right,
title, and interest in and to the City land; and
(B) the EDC shall construct a facility and parking lot
acceptable to the Commandant of the Coast Guard.
(2) Equalization payment option.--
(A) In general.--The Commandant may, upon the agreement of
the City and the EDC, waive the requirement to construct a
facility and parking lot under paragraph (1)(B) and accept in
lieu thereof an equalization payment from the City equal to
the difference between the value, as determined by the
Administrator at the time of transfer, of the Federal land
and the City land.
(B) Availability of funds.--Any amounts received pursuant
to subparagraph (A) shall be available to the Commandant,
without further appropriation and until expended, to
construct, expand, or improve facilities related to Sector
Detroit's aids to navigation or vessel maintenance.
(d) Conditions of Exchange.--
(1) Covenants.--All conditions placed within the deeds of
title shall be construed as covenants running with the land.
(2) Authority to accept quitclaim deed.--The Commandant may
accept a quitclaim deed for the City land and may convey the
Federal land by quitclaim deed.
(3) Environmental remediation.--Prior to the time of the
exchange, the Coast Guard and the EDC shall remediate any and
all contaminants existing on their respective properties to
levels required by applicable State and Federal law. The
Commandant and, as a condition of the exchange, the EDC shall
make available for review and inspection any record relating
to hazardous materials on the land to be exchanged under this
section. The costs of remedial actions relating to hazardous
materials on exchanged land shall be paid by those entities
responsible for costs under applicable law.
(e) Authority To Enter Into License or Lease.--The
Commandant may enter into a license or lease agreement with
the Detroit Riverfront Conservancy for the use of a portion
of the Federal land for the Detroit Riverfront Walk. Such
license or lease shall be at no cost to the City and upon
such other terms that are acceptable to the Commandant, and
shall terminate upon the completion of the exchange
authorized by this section, or the date specified in
subsection (h), whichever occurs earlier.
(f) Map and Legal Descriptions of Land.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commandant shall file with the
Committee on Commerce, Science and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives the maps, entitled ``Atwater
Street Land Exchange Maps'', which depict

[[Page H243]]

the Federal land and the City lands and provide a legal
description of each property to be exchanged.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Commandant may
correct typographical errors in the maps and each legal
description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Coast
Guard and the City.
(g) Additional Terms and Conditions.--The Commandant may
require such additional terms and conditions in connection
with the exchange under this section as the Commandant
considers appropriate to protect the interests of the United
States.
(h) Expiration of Authority To Convey.--The authority to
enter into the exchange authorized by this section shall
expire three years after the date of enactment of this Act.

SEC. 2846. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE
SITE, GROSSE ILE, MICHIGAN.

(a) Transfer.--Administrative jurisdiction over the
property described in subsection (b) is hereby transferred
from the Administrator of the Environmental Protection Agency
to the Secretary of the Interior.
(b) Property Described.--The property referred to in
subsection (a) is the former Nike missile site located at the
southern end of Grosse Ile, Michigan, as depicted on the map
entitled ``07-CE'' on file with the Environmental Protection
Agency and dated May 16, 1984.
(c) Administration of Property.--Subject to subsection (d),
the Secretary of the Interior shall administer the property
described in subsection (b)--
(1) acting through the United States Fish and Wildlife
Service;
(2) as part of the Detroit River International Wildlife
Refuge; and
(3) for use as a habitat for fish and wildlife and as a
recreational property for outdoor education and environmental
appreciation.
(d) Management of Remediation.--The Secretary of Defense,
acting through the Army Corps of Engineers, shall manage and
carry out environmental remediation activities with respect
to the property described in subsection (b) that, at a
minimum, achieve the standard sufficient to allow the
property to be used as provided in subsection (c)(3). Such
remediation activities, with the exception of long-term
monitoring, shall be completed to achieve that standard not
later than two years after the date of the enactment of this
Act. The Secretary of Defense may use amounts made available
from the account established by section 2703(a)(5) of title
10, United States Code, to carry out such remediation.
(e) Savings Provision.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).

SEC. 2847. MODIFICATION TO LAND CONVEYANCE AUTHORITY, FORT
BRAGG, NORTH CAROLINA.

(a) Requirement To Convey Tract No. 404-1 Property Without
Consideration.--Section 2836 of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public
Law 105-85; 111 Stat. 2005) is amended--
(1) in subsection (a)(3), by striking ``at fair market
value'' and inserting ``without consideration'';
(2) in subsection (b), by striking paragraph (2) and
inserting the following new paragraph:
``(2) The conveyances under paragraphs (2) and (3) of
subsection (a) shall be subject to the condition that the
County develop and use the conveyed properties for
educational purposes and the construction of public school
structures.''; and
(3) in subsection (c), by striking paragraph (2) and
inserting the following new paragraph:
``(2) If the Secretary determines at any time that the real
property conveyed under paragraph (2) or paragraph (3) of
subsection (a) is not being used in accordance with
subsection (b)(2), all right, title, and interest in and to
the property conveyed under such paragraph, including any
improvements thereon, shall revert, at the option of the
Secretary, to the United States, and the United States shall
have the right of immediate entry thereon.''.
(b) Payment of Costs of Conveyance.--Such section is
further amended by adding at the end the following new
subsection:
``(f) Payment of Costs of Conveyance of Tract No. 404-1
Property.--
``(1) Payment required.--The Secretary shall require the
County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a)(3),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance. If amounts are collected from the County in
advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the County.
``(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.''.

SEC. 2848. LAND CONVEYANCE, LEWIS AND CLARK UNITED STATES
ARMY RESERVE CENTER, BISMARCK, NORTH DAKOTA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the United Tribes Technical
College all right, title, and interest of the United States
in and to a parcel of real property, including improvements
thereon, consisting of approximately 2 acres located at the
Lewis and Clark United States Army Reserve Center, 3319
University Drive, Bismarck, North Dakota, for the purpose of
supporting education at the United Tribes Technical College.
(b) Reversionary Interest.--
(1) In general.--Subject to paragraph (2), if the Secretary
determines at any time that the real property conveyed under
subsection (a) is not being used in accordance with the
purposes of the conveyance specified in such subsection, all
right, title, and interest in and to the property shall
revert, at the option of the Secretary, to the United States,
and the United States shall have the right of immediate entry
onto the property. Any determination of the Secretary under
this subsection shall be made on the record after an
opportunity for a hearing.
(2) Expiration.--The reversionary interest under paragraph
(1) shall expire upon satisfaction of the following
conditions:
(A) The real property conveyed under subsection (a) is used
in accordance with the purposes of the conveyance specified
in such subsection for a period of not less than 30 years
following the date of the conveyance.
(B) After the end of period specified in subparagraph (A),
the United Tribes Technical College applies to the Secretary
for the release of the reversionary interest.
(C) The Secretary certifies, in a manner that can be filed
with the appropriate land recordation office, that the
condition under subparagraph (A) has been satisfied.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
United Tribes Technical College to cover costs to be incurred
by the Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to
environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the
United Tribes Technical College in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the United Tribes Technical College.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund
or account.
(d) Description of Real Property.--The exact acreage and
legal description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2849. LAND EXCHANGE, FORT HOOD, TEXAS.

(a) Exchange Authorized.--The Secretary of the Army may
convey to the City of Copperas Cove, Texas (in this section
referred to as the ``City''), all right, title, and interest
of the United States in and to a parcel of real property,
including any improvements thereon, consisting of
approximately 200 acres at Fort Hood, Texas, for the purpose
of permitting the City to improve arterial transportation
routes in the community.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall convey to the Secretary
all right, title, and interest of the City in and to one or
more parcels of real property that are acceptable to the
Secretary. The fair market value of the real property
acquired by the Secretary under this subsection shall be at
least equal to the fair market value of the real property
conveyed under subsection (a), as determined by appraisals
acceptable to the Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this
section shall be determined by surveys satisfactory to the
Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyances under this section, including
survey costs related to the conveyances. If amounts are
collected

[[Page H244]]

from the City in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the
conveyances, the Secretary shall refund the excess amount to
the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyances under this section
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyances. Amounts so credited shall be merged with amounts
in such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(e) Additional Term and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under this section as the Secretary
considers appropriate to protect the interests of the United
States.

Subtitle D--Energy Security

SEC. 2861. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT
REGARDING CANCELLATION CEILING FOR DEPARTMENT
OF DEFENSE ENERGY SAVINGS PERFORMANCE
CONTRACTS.

Section 2913 of title 10, United States Code, is amended by
striking subsection (e).

SEC. 2862. DEFINITION OF ALTERNATIVE FUELED VEHICLE.

Section 301(3) of the Energy Policy Act of 1992 (42 U.S.C.
13211(3)) is amended--
(1) by striking ``(3) the term'' and inserting the
following:
``(3) Alternative fueled vehicle.--
``(A) In general.--The term''; and
(2) by adding at the end the following:
``(B) Inclusions.--The term `alternative fueled vehicle'
includes--
``(i) a new qualified fuel cell motor vehicle (as defined
in section 30B(b)(3) of the Internal Revenue Code of 1986);
``(ii) a new advanced lean burn technology motor vehicle
(as defined in section 30B(c)(3) of that Code);
``(iii) a new qualified hybrid motor vehicle (as defined in
section 30B(d)(3) of that Code); and
``(iv) any other type of vehicle that the Administrator
demonstrates to the Secretary would achieve a significant
reduction in petroleum consumption.''.

SEC. 2863. USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND
BULBS IN DEPARTMENT OF DEFENSE FACILITIES.

(a) Construction and Alteration of Buildings.--Each
building constructed or significantly altered by the
Secretary of Defense or the Secretary of a military
department shall be equipped, to the maximum extent feasible
as determined by the Secretary concerned, with lighting
fixtures and bulbs that are energy efficient.
(b) Maintenance of Buildings.--Each lighting fixture or
bulb that is replaced in the normal course of maintenance of
buildings under the jurisdiction of the Secretary of Defense
or the Secretary of a military department shall be replaced,
to the maximum extent feasible as determined by the Secretary
concerned, with a lighting fixture or bulb that is energy
efficient.
(c) Considerations.--In making a determination under this
section concerning the feasibility of installing a lighting
fixture or bulb that is energy efficient, the Secretary of
Defense or the Secretary of a military department shall
consider--
(1) the life cycle cost effectiveness of the fixture or
bulb;
(2) the compatibility of the fixture or bulb with existing
equipment;
(3) whether use of the fixture or bulb could result in
interference with productivity;
(4) the aesthetics relating to use of the fixture or bulb;
and
(5) such other factors as the Secretary concerned
determines appropriate.
(d) Energy Star.--A lighting fixture or bulb shall be
treated as being energy efficient for purposes of this
section if--
(1) the fixture or bulb is certified under the Energy Star
program established by section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a); or
(2) the Secretary of Defense or the Secretary of a military
department has otherwise determined that the fixture or bulb
is energy efficient.
(e) Significant Alterations.--A building shall be treated
as being significantly altered for purposes of subsection (a)
if the alteration is subject to congressional authorization
under section 2802 of title 10, United States Code.
(f) Waiver Authority.--The Secretary of Defense may waive
the requirements of this section if the Secretary determines
that such a waiver is necessary to protect the national
security interests of the United States.
(g) Effective Date.--The requirements of subsections (a)
and (b) shall take effect one year after the date of the
enactment of this Act.

SEC. 2864. REPORTING REQUIREMENTS RELATING TO RENEWABLE
ENERGY USE BY DEPARTMENT OF DEFENSE TO MEET
DEPARTMENT ELECTRICITY NEEDS.

(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall submit to
the congressional defense committees a report containing the
following information:
(1) The extent to which energy from renewable energy
sources is used to meet the electricity needs of the
Department of Defense, to be stated as a percentage of total
facility electricity use for the previous fiscal year.
(2) The extent to which energy from renewable energy
sources was procured through alternative financing methods,
to be stated as a percentage of total renewable energy
procurement and as a dollar amount for the previous fiscal
year.
(3) The extent to which energy from renewable energy
sources was procured through the use of appropriated funds,
to be stated as a percentage of total renewable energy
procurement and as a dollar amount for the previous fiscal
year.
(4) A graphical illustration of energy use from renewable
energy sources by the Department as a percentage of total
facility electricity use over time, starting no later than
fiscal year 2000 and running through fiscal year 2025,
including projected future trends in renewable energy
consumption through fiscal year 2025 in order to meet the
goals for renewable energy set forth in section 2911(e) of
title 10, United States Code, or other goals, as appropriate.
(b) Subsequent Reports.--For fiscal year 2008 and each
fiscal year thereafter, the information required by
paragraphs (1) through (4) of subsection (a) shall be
included in the Annual Energy Management Report prepared by
the Under Secretary of Defense for Acquisition, Technology,
and Logistics.
(c) Renewable Energy Sources Defined.--In this section, the
term ``renewable energy sources'' has the meaning given that
term in section 203(b) of the Energy Policy Act of 2005 (42
U.S.C. 15852(b)).

Subtitle E--Other Matters

SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL
ANNEX TO ARLINGTON NATIONAL CEMETERY.

Subsection (h) of section 2881 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 879), as amended by section 2863 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1330), section
2851 of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat.
2726), and section 2881 of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 115 Stat. 2153), is further amended by striking
paragraphs (1) and (2) and inserting the following new
paragraphs:
``(1) January 1, 2011;
``(2) the date on which the Navy Annex property is no
longer required (as determined by the Secretary of Defense)
for use as temporary office space; or
``(3) one year after the date on which the Secretary of the
Army notifies the Secretary of Defense that the Navy Annex
property is needed for the expansion of Arlington National
Cemetery.''.

SEC. 2872. TRANSFER OF JURISDICTION OVER AIR FORCE MEMORIAL
TO DEPARTMENT OF THE AIR FORCE.

(a) Transfer of Jurisdiction.--Notwithstanding section 2881
of the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106-65; 113 Stat. 879)
and section 2863 of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1330; 40 U.S.C. 1003 note), the Secretary of the
Army may transfer administrative jurisdiction, custody, and
control of the parcel of Federal land described in subsection
(b)(1) of such section 2863 to the Secretary of the Air
Force.
(b) Limitation on Payment of Expenses.--If the Air Force
Memorial is transferred to the Secretary of the Air Force as
authorized by subsection (a), the United States shall not pay
any costs incurred for the maintenance and repair of the Air
Force Memorial.

SEC. 2873. REPORT ON PLANS TO REPLACE THE MONUMENT AT THE
TOMB OF THE UNKNOWNS AT ARLINGTON NATIONAL
CEMETERY, VIRGINIA.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
and the Secretary of Veterans Affairs shall jointly submit to
Congress a report setting forth the following:
(1) The current plans of the Secretaries with respect to--
(A) replacing the monument at the Tomb of the Unknowns at
Arlington National Cemetery, Virginia; and
(B) disposing of the current monument at the Tomb of the
Unknowns, if it were removed and replaced.
(2) An assessment of the feasibility and advisability of
repairing the monument at the Tomb of the Unknowns rather
than replacing it.
(3) A description of the current efforts of the Secretaries
to maintain and preserve the monument at the Tomb of the
Unknowns.
(4) An explanation of why no attempt has been made since
1989 to repair the monument at the Tomb of the Unknowns.
(5) A comprehensive estimate of the cost of replacement of
the monument at the Tomb of the Unknowns and the cost of
repairing such monument.
(6) An assessment of the structural integrity of the
monument at the Tomb of the Unknowns.
(b) Limitation on Action.--The Secretary of the Army and
the Secretary of Veterans

[[Page H245]]

Affairs may not take any action to replace the monument at
the Tomb of the Unknowns at Arlington National Cemetery,
Virginia, until 180 days after the date of the receipt by
Congress of the report required by subsection (a).
(c) Exception.--The limitation in subsection (b) shall not
prevent the Secretary of the Army or the Secretary of
Veterans Affairs from repairing the current monument at the
Tomb of the Unknowns or from acquiring any blocks of marble
for uses related to such monument, subject to the
availability of appropriations for those purposes.

SEC. 2874. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND
PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL,
MARNES-LA-COQUETTE, FRANCE.

Section 1065 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1233) is
amended--
(1) in subsection (a)(2), by striking ``$2,000,000'' and
inserting ``$2,500,000''; and
(2) in subsection (e), by striking ``under section
301(a)(4)''.

SEC. 2875. ADDITION OF WOONSOCKET LOCAL PROTECTION PROJECT.

Section 2866 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109-364; 120
Stat. 2499) is amended by adding at the end the following new
subsection:
``(d) Woonsocket Local Protection Project.--
``(1) Assumption of responsibility.--The Secretary of the
Army, acting through the Chief of Engineers, shall assume
responsibility for the annual operation and maintenance of
the Woonsocket local protection project authorized by section
10 of the Act of December 22, 1944 (commonly known as the
Flood Control Act of 1944; 58 Stat. 892, chapter 665),
including by acquiring, in accordance with paragraph (2), any
interest of the city of Woonsocket, Rhode Island, in and to
land and structures required for the continued operation and
maintenance, repair, replacement, rehabilitation, and
structural integrity of the project, as identified by the
city, in coordination with the Secretary.
``(2) Acquisition.--As a condition on the Secretary's
assumption of responsibility for the Woonsocket local
protection project under paragraph (1), the city of
Woonsocket shall convey, not later than one year after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2008, to the Secretary of the Army, by
quitclaim deed and without consideration, all right, title,
and interest of the city in and to the Woonsocket local
protection project, including any interest of the city in and
to land and structures required for the continued operation
and maintenance, repair, replacement, rehabilitation, and
structural integrity of the project, as identified by the
city.''.

SEC. 2876. REPEAL OF MORATORIUM ON IMPROVEMENTS AT FORT
BUCHANAN, PUERTO RICO.

Section 1507 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-355) is repealed.

SEC. 2877. ESTABLISHMENT OF NATIONAL MILITARY WORKING DOG
TEAMS MONUMENT ON SUITABLE MILITARY
INSTALLATION.

(a) Authority to Establish Monument.--The Secretary of
Defense may permit the National War Dogs Monument, Inc., to
establish and maintain, at a suitable location at Fort
Belvoir, Virginia, or another military installation in the
United States, a national monument to honor the sacrifice and
service of United States Armed Forces working dog teams that
have participated in the military operations of the United
States.
(b) Location and Design of Monument.--The actual location
and final design of the monument authorized by subsection (a)
shall be subject to the approval of the Secretary. In
selecting the military installation and site on such
installation to serve as the location for the monument, the
Secretary shall seek to maximize access to the resulting
monument for both visitors and their dogs.
(c) Maintenance.--The maintenance of the monument
authorized by subsection (a) by the National War Dogs
Monument, Inc., shall be subject to such conditions regarding
access to the monument, and such other conditions, as the
Secretary considers appropriate to protect the interests of
the United States.
(d) Limitation on Payment of Expenses.--The United States
Government shall not pay any expense for the establishment or
maintenance of the monument authorized by subsection (a).

SEC. 2878. REPORT REQUIRED PRIOR TO REMOVAL OF MISSILES FROM
564TH MISSILE SQUADRON.

(a) Report Required.--The Secretary of Defense shall submit
to the congressional defense committees a report on the
feasibility of establishing an association between the 120th
Fighter Wing of the Montana Air National Guard and active
duty personnel stationed at Malmstrom Air Force Base,
Montana. In preparing the report, the Secretary shall include
the following evaluations:
(1) An evaluation of the requirement of the Air Force for
additional F-15 aircraft active or reserve component force
structure.
(2) An evaluation of the airspace training opportunities in
the immediate airspace around Great Falls International
Airport Air Guard Station.
(3) An evaluation of the impact of civilian operations on
military operations at Great Falls International Airport.
(4) An evaluation of the level of civilian encroachment on
the facilities and airspace of the 120th Fighter Wing.
(5) An evaluation of the support structure available,
including active military bases nearby.
(6) An evaluation of opportunities for additional
association between the Montana National Guard and the 341st
Space Wing.
(b) Limitation on Removal Pending Report.--Not more than 40
missiles may be removed from the 564th Missile Squadron until
15 days after the report required in subsection (a) has been
submitted.

SEC. 2879. REPORT ON CONDITION OF SCHOOLS UNDER JURISDICTION
OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.

(a) Report Required.--Not later than March 1, 2008, the
Secretary of Defense shall submit to the congressional
defense committees a report on the conditions of schools
under the jurisdiction of the Department of Defense Education
Activity.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) A description of each school under the control of the
Secretary, including the location, year constructed, grades
of attending children, maximum capacity, and current capacity
of the school.
(2) A description of the standards and processes used by
the Secretary to assess the adequacy of the size of school
facilities, the ability of facilities to support school
programs, and the current condition of facilities.
(3) A description of the conditions of the facility or
facilities at each school, including the level of compliance
with the standards described in paragraph (2), any existing
or projected facility deficiencies or inadequate conditions
at each facility, and whether any of the facilities listed
are temporary structures.
(4) An investment strategy planned for each school to
correct deficiencies identified in paragraph (3), including a
description of each project to correct such deficiencies,
cost estimates, and timelines to complete each project.
(5) A description of requirements for new schools to be
constructed over the next 10 years as a result of changes to
the population of military personnel.
(c) Use of Report as Master Plan for Repair, Upgrade, and
Construction of Schools.--The Secretary shall use the report
required under subsection (a) as a master plan for the
repair, upgrade, and construction of schools in the
Department of Defense system that support dependents of
members of the Armed Forces and civilian employees of the
Department of Defense.

SEC. 2880. REPORT ON FACILITIES AND OPERATIONS OF DARNALL
ARMY MEDICAL CENTER, FORT HOOD MILITARY
RESERVATION, TEXAS.

(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
assessing the facilities and operations of the Darnall Army
Medical Center at Fort Hood Military Reservation, Texas.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) A specific determination of whether the facilities
currently housing Darnall Army Medical Center meet Department
of Defense standards for Army medical centers.
(2) A specific determination of whether the existing
facilities adequately support the operations of Darnall Army
Medical Center, including the missions of medical treatment,
medical hold, medical holdover, and Warriors in Transition.
(3) A specific determination of whether the existing
facilities provide adequate physical space for the number of
personnel that would be required for Darnall Army Medical
Center to function as a full-sized Army medical center.
(4) A specific determination of whether the current levels
of medical and medical-related personnel at Darnall Army
Medical Center are adequate to support the operations of a
full-sized Army medical center.
(5) A specific determination of whether the current levels
of graduate medical education and medical residency programs
currently in place at Darnall Army Medical Center are
adequate to support the operations of a full-sized Army
medical center.
(6) A description of any and all deficiencies identified by
the Secretary.
(7) A proposed investment plan and timeline to correct such
deficiencies.

SEC. 2881. REPORT ON FEASIBILITY OF ESTABLISHING A REGIONAL
DISASTER RESPONSE CENTER AT KELLY AIR FIELD,
SAN ANTONIO, TEXAS.

(a) Findings.--Congress makes the following findings:
(1) The Federal response to Hurricane Katrina demonstrated
the need for greater coordination and planning capability at
the Federal, State, and local levels of government.
(2) Coordination of State and local assets can be more
effectively accomplished if such assets are organized on a
regional basis similar to the manner in which the Federal
Emergency Management Agency organizes its efforts.
(3) Despite the obvious need for experienced and routinely
exercised operational headquarters skilled in disaster
response, no such headquarters have been established.
(4) Such a headquarters would be appropriately located on
available Federal property in Region VI of the Federal
Emergency Management Agency, which includes Texas,

[[Page H246]]

Louisiana, Oklahoma, Arkansas, and New Mexico, and is a
region subject to forest fires, floods, hurricanes, and
tornadoes.
(b) Report Required.--Not later than March 31, 2008, the
Secretary of Defense, in coordination with the Secretary of
Homeland Security, shall submit to Congress a report on the
feasibility of establishing at Kelly Air Field in San
Antonio, Texas, a permanent, regionally oriented disaster
response center responsible for planning, coordinating, and
directing the Federal, State, and local response to man-made
and natural disasters that occur in Region VI of the Federal
Emergency Management Agency.
(c) Content.--The report required under subsection (b)
shall include the following:
(1) A determination of how the regional disaster response
center, if established at Kelly Air Field, would organize and
leverage capabilities of the following currently co-located
organizations, facilities, and forces located in San Antonio,
Texas:
(A) Lackland Air Force Base.
(B) Fort Sam Houston.
(C) Brooke Army Medical Center.
(D) Wilford Hall Medical Center.
(E) City of San Antonio/Bexar County Emergency Operations
Center.
(F) Audie Murphy Veterans Administration Medical Center.
(G) 433rd Airlift Wing C-5 Heavy Lift Aircraft.
(H) 149 Fighter Wing and Texas Air National Guard F-16
fighter aircraft.
(I) Army Northern Command.
(J) The three level 1 trauma centers of the National Trauma
Institute.
(K) Texas Medical Rangers.
(L) San Antonio Metro Health Department.
(M) The University of Texas Health Science Center at San
Antonio.
(N) The Air Intelligence Surveillance and Reconnaissance
Agency at Lackland Air Force Base.
(O) The United States Air Force Security Police Training
Department at Lackland Air Force Base.
(P) The large manpower pools and blood donor pools from the
more than 6,000 trainees at Lackland Air Force Base.
(2) A determination of the number of military and civilian
personnel who would have to be mobilized to run the
logistics, planning, and maintenance of the regional disaster
response center, if established at Kelly Air Field, during a
time of disaster recovery.
(3) A determination of the number of military and civilian
personnel who would be required to run the logistics,
planning, and maintenance of the regional disaster response
center during a time when no disaster is occurring.
(4) A determination of the cost of improving the current
infrastructure at Kelly Air Field to meet the needs of
displaced victims of a disaster equivalent to that of
Hurricanes Katrina and Rita or a natural or man-made disaster
of similar scope, including adequate beds, food stores, and
decontamination stations to triage radiation or other
chemical or biological agent contamination victims.
(5) An evaluation of the current capability of the
Department of Defense and the Department of Homeland Security
to respond to these mission requirements and an assessment of
any additional capabilities that are required.
(6) An assessment of the costs and benefits of adding such
capabilities at Kelly Air Field to the costs and benefits of
other locations.

SEC. 2882. NAMING OF HOUSING FACILITY AT FORT CARSON,
COLORADO, IN HONOR OF THE HONORABLE JOEL
HEFLEY, A FORMER MEMBER OF THE UNITED STATES
HOUSE OF REPRESENTATIVES.

(a) Findings.--Congress makes the following findings:
(1) Representative Joel Hefley was elected to represent
Colorado's 5th Congressional district in 1986 and served in
the House of Representatives until the end of the 109th
Congress in 2007 with distinction, class, integrity, and
honor.
(2) Representative Hefley served on the Committee on Armed
Services of the House of Representatives for 18 years,
including service as Chairman of the Subcommittee on Military
Installations and Facilities from 1995 through 2000 and, from
2001 until 2007, as Chairman of the Subcommittee on
Readiness.
(3) Representative Hefley was a fair and effective lawmaker
who worked for the national interest while never forgetting
his Western roots.
(4) Representative Hefley's efforts on the Committee on
Armed Services were instrumental to the military value of,
and quality of life at, installations in the State of
Colorado, including Fort Carson, Cheyenne Mountain, Peterson
Air Force Base, Schriever Air Force Base, Buckley Air Force
Base, and the United States Air Force Academy.
(5) Representative Hefley was a leader in efforts to retain
and expand Fort Carson as an essential part of the national
defense system during the Defense Base Closure and
Realignment process.
(6) Representative Hefley consistently advocated for
providing members of the Armed Forces and their families with
quality, safe, and affordable housing and supportive
communities.
(7) Representative Hefley spearheaded the Military Housing
Privatization Initiative to eliminate inadequate housing on
military installations, with the first pilot program located
at Fort Carson.
(8) Representative Hefley's leadership on the Military
Housing Privatization Initiative allowed for the
privatization of more than 121,000 units of military family
housing, which brought meaningful improvements to living
conditions for thousands of members of the Armed Forces and
their spouses and children at installations throughout the
United States.
(9) It is fitting and proper that an appropriate military
family housing area or structure at Fort Carson be designated
in honor of Representative Hefley.
(b) Designation.--Notwithstanding Army Regulation AR 1-33,
the Secretary of the Army shall designate one of the military
family housing areas or facilities constructed for Fort
Carson, Colorado, using the authority provided by subchapter
IV of chapter 169 of title 10, United States Code, as the
``Joel Hefley Village''.

SEC. 2883. NAMING OF NAVY AND MARINE CORPS RESERVE CENTER AT
ROCK ISLAND, ILLINOIS, IN HONOR OF THE
HONORABLE LANE EVANS, A FORMER MEMBER OF THE
UNITED STATES HOUSE OF REPRESENTATIVES.

(a) Findings.--Congress makes the following findings:
(1) Representative Lane Evans was elected to the House of
Representatives in 1982 and served in the House of
Representatives until the end of the 109th Congress in 2007
representing the people of Illinois' 17th Congressional
district.
(2) As a member of the Committee on Armed Services of the
House of Representatives, Representative Evans worked to
bring common sense priorities to defense spending and
strengthen the military's conventional readiness.
(3) Representative Evans was a tireless advocate for
military veterans, ensuring that veterans receive the medical
care they need and advocating for individuals suffering from
post-traumatic stress disorder and Gulf War Syndrome.
(4) Representative Evans' efforts to improve the transition
of individuals from military service to the care of the
Department of Veterans Affairs will continue to benefit
generations of veterans long into the future.
(5) Representative Evans was credited with bringing new
services to veterans living in his Congressional district,
including outpatient clinics in the Quad Cities and Quincy
and the Quad-Cities Vet Center.
(6) Representative Evans worked with local leaders to
promote the Rock Island Arsenal, and it earned new jobs and
missions through his support.
(7) In honor of his service in the Marine Corps and to his
district and the United States, it is fitting and proper that
the Navy and Marine Corps Reserve Center at Rock Island
Arsenal be named in honor of Representative Evans.
(b) Designation.--The Navy and Marine Corps Reserve Center
at Rock Island Arsenal, Illinois, shall be known and
designated as the ``Lane Evans Navy and Marine Corps Reserve
Center''. Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Navy and
Marine Corps Reserve Center at Rock Island Arsenal shall be
deemed to be a reference to the Lane Evans Navy and Marine
Corps Reserve Center.

SEC. 2884. NAMING OF RESEARCH LABORATORY AT AIR FORCE ROME
RESEARCH SITE, ROME, NEW YORK, IN HONOR OF THE
HONORABLE SHERWOOD L. BOEHLERT, A FORMER MEMBER
OF THE UNITED STATES HOUSE OF REPRESENTATIVES.

The new laboratory building at the Air Force Rome Research
Site, Rome, New York, shall be known and designated as the
``Sherwood Boehlert Center of Excellence for Information
Science and Technology''. Any reference in a law, map,
regulation, document, paper, or other record of the United
States to such laboratory facility shall be deemed to be a
reference to the Sherwood Boehlert Center of Excellence for
Information Science and Technology.

SEC. 2885. NAMING OF ADMINISTRATION BUILDING AT JOINT SYSTEMS
MANUFACTURING CENTER, LIMA, OHIO, IN HONOR OF
THE HONORABLE MICHAEL G. OXLEY, A FORMER MEMBER
OF THE UNITED STATES HOUSE OF REPRESENTATIVES.

The administration building under construction at the Joint
Systems Manufacturing Center in Lima, Ohio, shall be known
and designated as the ``Michael G. Oxley Administration and
Technology Center''. Any reference in a law, map, regulation,
document, paper, or other record of the United States to such
building shall be deemed to be a reference to the Michael G.
Oxley Administration and Technology Center.

SEC. 2886. NAMING OF LOGISTICS AUTOMATION TRAINING FACILITY,
ARMY QUARTERMASTER CENTER AND SCHOOL, FORT LEE,
VIRGINIA, IN HONOR OF GENERAL RICHARD H.
THOMPSON.

Notwithstanding Army Regulation AR 1-33, the Logistics
Automation Training Facility of the Army Quartermaster Center
and School at Fort Lee, Virginia, shall be known and
designated as the ``General Richard H. Thompson Logistics
Automation Training Facility'' in honor of General Richard H.
Thompson, the only quartermaster to have risen from private
to full general. Any reference in a law, map, regulation,
document, paper, or other record of the United States to such
facility shall be deemed to be a reference to the General
Richard H. Thompson Logistics Automation Training Facility.

SEC. 2887. AUTHORITY TO RELOCATE JOINT SPECTRUM CENTER TO
FORT MEADE, MARYLAND.

(a) Authority to Carry Out Relocation Agreement.--The
Secretary of Defense may

[[Page H247]]

carry out an agreement to relocate the Joint Spectrum Center,
a geographically separated unit of the Defense Information
Systems Agency, from Annapolis, Maryland, to Fort Meade,
Maryland, or another military installation if--
(1) the Secretary determines that the relocation of the
Joint Spectrum Center is in the best interest of national
security and the physical protection of personnel and
missions of the Department of Defense; and
(2) the agreement between the lease holder and the
Department of Defense provides equitable and appropriate
terms to facilitate the relocation.
(b) Authorization.--Any facility, road, or infrastructure
constructed or altered on a military installation as a result
of the agreement referred to in subsection (a) is deemed to
be authorized in accordance with section 2802 of title 10,
United States Code.
(c) Termination of Existing Lease.--Upon completion of the
relocation of the Joint Spectrum Center, all right, title,
and interest of the United States in and to the existing
lease for the Joint Spectrum Center shall be terminated, as
contemplated under Condition 29.B of the lease.

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

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Colorado..................... Fort Carson.............. $8,100,000
Georgia...................... Fort Stewart............. $6,000,000
Kansas....................... Fort Riley............... $50,000,000
Kentucky..................... Fort Campbell............ $7,400,000
Louisiana.................... Fort Polk................ $4,900,000
New York..................... Fort Drum................ $38,000,000
Texas........................ Fort Hood................ $9,100,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Afghanistan.................. Bagram Air Base.......... $249,600,000
Ghazni................... $5,000,000
Kabul.................... $36,000,000
Iraq......................... Camp Adder............... $80,650,000
Al Asad.................. $92,600,000
Camp Anaconda............ $53,500,000
Camp Constitution........ $11,700,000
Camp Cropper............. $9,500,000
Fallujah................. $880,000
Camp Marez............... $880,000
Mosul.................... $43,000,000
Q-West................... $26,000,000
Camp Ramadi.............. $880,000
Scania................... $14,200,000
Camp Speicher............ $83,900,000
Camp Taqqadum............ $880,000
Tikrit................... $43,000,000
Camp Victory............. $65,400,000
Camp Warrior............. $880,000
Various Locations........ $207,000,000
Kuwait....................... Camp Arifjan............. $30,000,000
------------------------------------------------------------------------

(c) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $1,257,750,000
as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $123,500,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $1,055,450,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $78,800,000.
(d) Report Required Before Commencing Certain Projects.--
Funds may not be obligated for the projects authorized by
subsection (b) for Camp Arifjan, Kuwait, or Camp Cropper,
Iraq, until 14 days after the date on which the Secretary of
Defense submits to the congressional defense committees a
report, in either unclassified or classified form, containing
a detailed justification for the project, including the
overall intent of the requested construction, host-nation
views, longevity of the site selected, and timelines for
completion. The Secretary shall submit the report not later
than January 15, 2008.

SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(d)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

[[Page H248]]

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(d)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti....................................... Camp Lemonier................................ $25,410,000
----------------------------------------------------------------------------------------------------------------

(c) Family Housing.--Using amounts appropriated pursuant to
the authorization of appropriations in subsection (d)(4), the
Secretary of the Navy may construct or acquire family housing
units (including land acquisition and supporting facilities)
at the installations or locations, and in the amounts, set
forth in the following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Camp Pendleton............................... $10,692,000
Twentynine Palms............................. $1,074,000
----------------------------------------------------------------------------------------------------------------

(d) Authorization of Appropriations.--Subject to section
2825 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $198,781,000,
as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $149,814,000.
(2) For military construction projects outside the United
States authorized by subsection (a), $25,410,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $11,791,000.
(4) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$11,766,000.

SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan.................................... Bagram Air Base.............................. $108,800,000
Kandahar..................................... $26,300,000
Iraq........................................... Balad Air Base............................... $58,300,000
Kyrgyzstan..................................... Manas Air Base............................... $30,300,000
----------------------------------------------------------------------------------------------------------------

(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force in the total amount of
$258,700,000, as follows:
(1) For military construction projects outside the United
States authorized by subsection (a), $223,700,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $35,000,000.

SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(1), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Texas.......................................... Fort Sam Houston............................. $21,000,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Qatar.......................................... Al Udeid..................................... $6,600,000
----------------------------------------------------------------------------------------------------------------

SEC. 2905. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 2005 AND RELATED AUTHORIZATION
OF APPROPRIATIONS.

(a) Authorized Base Closure and Realignment Activities
Funded Through Department of Defense Base Closure Account
2005.--Using amounts authorized appropriated pursuant to the
authorization of appropriations in subsection (b), the
Secretary of Defense may carry out base closure and
realignment activities otherwise authorized by section 2702
of this Act, including real property acquisition and military
construction projects, as authorized by the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account 2005
established by section 2906A of

[[Page H249]]

such Act, in the amount of $423,650,000. Such amount is in
addition to the amount specified for such base closure and
realignment activities in section 2702 of this Act.
(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for base closure and realignment
activities authorized by subsection (a) and funded through
the Department of Defense Base Closure Account 2005 in the
total amount of $415,910,000.

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Subtitle B--Program Authorizations, Restrictions, and Limitations

Subtitle C--Other Matters

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

Subtitle D--Nuclear Terrorism Prevention

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2008 for the activities of the National Nuclear
Security Administration in carrying out programs necessary
for national security in the amount of $9,576,095,000, to be
allocated as follows:
(1) For weapons activities, $6,465,574,000.
(2) For defense nuclear nonproliferation activities,
$1,902,646,000.
(3) For naval reactors, $808,219,000.
(4) For the Office of the Administrator for Nuclear
Security, $399,656,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 08-D-801, High pressure fire loop, Pantex Plant,
Amarillo, Texas, $7,000,000.
Project 08-D-802, High explosive pressing facility, Pantex
Plant, Amarillo, Texas, $25,300,000.
Project 08-D-804, Technical Area 55 reinvestment project,
Los Alamos National Laboratory, Los Alamos, New Mexico,
$6,000,000.
(2) For facilities and infrastructure recapitalization, the
following new plant projects:
Project 08-D-601, Mercury highway, Nevada Test Site,
Nevada, $7,800,000.
Project 08-D-602, Potable water system upgrades, Y-12
Plant, Oak Ridge, Tennessee, $22,500,000.
(3) For safeguards and security, the following new plant
project:
Project 08-D-701, Nuclear materials safeguards and security
upgrade, Los Alamos National Laboratory, Los Alamos, New
Mexico, $49,496,000.
(4) For naval reactors, the following new plant projects:
Project 08-D-901, Shipping and receiving and warehouse
complex, Bettis Atomic Power Laboratory, West Mifflin,
Pennsylvania, $9,000,000.
Project 08-D-190, Project engineering and design, Expended
Core Facility M-290 Recovering Discharge Station, Naval
Reactors Facility, Idaho Falls, Idaho, $550,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2008 for defense environmental cleanup activities
in carrying out programs necessary for national security in
the amount of $5,367,905,000.
(b) Authorization for New Plant Project.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for defense environmental cleanup activities, the following
new plant project:
Project 08-D-414, Project engineering and design, Plutonium
Vitrification Facility, various locations, $9,000,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2008 for other defense
activities in carrying out programs necessary for national
security in the amount of $763,974,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2008 for defense nuclear
waste disposal for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10222(c)) in the amount of $292,046,000.

SEC. 3105. ENERGY SECURITY AND ASSURANCE.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2008 for energy security
and assurance programs necessary for national security in the
amount of $5,860,000.

Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.

No funds appropriated pursuant to the authorization of
appropriations in section 3101(a)(1) or otherwise made
available for weapons activities of the National Nuclear
Security Administration for fiscal year 2008 may be obligated
or expended for activities under the Reliable Replacement
Warhead program under section 4204a of the Atomic Energy
Defense Act (50 U.S.C. 2524a) beyond phase 2A activities.

SEC. 3112. NUCLEAR TEST READINESS.

(a) Repeal of Requirements on Readiness Posture.--Section
3113 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1743; 50 U.S.C.
2528a) is repealed.
(b) Reports on Nuclear Test Readiness Postures.--
(1) In general.--Section 4208 of the Atomic Energy Defense
Act (50 U.S.C. 2528) is amended to read as follows:

``SEC. 4208. REPORTS ON NUCLEAR TEST READINESS.

``(a) In General.--Not later than March 1, 2009, and every
odd-numbered year thereafter, the Secretary of Energy shall
submit to the congressional defense committees a report on
the nuclear test readiness of the United States.
``(b) Elements.--Each report under subsection (a) shall
include, current as of the date of such report, the
following:
``(1) An estimate of the period of time that would be
necessary for the Secretary of Energy to conduct an
underground test of a nuclear weapon once directed by the
President to conduct such a test.
``(2) A description of the level of test readiness that the
Secretary of Energy, in consultation with the Secretary of
Defense, determines to be appropriate.
``(3) A list and description of the workforce skills and
capabilities that are essential to carrying out an
underground nuclear test at the Nevada Test Site.
``(4) A list and description of the infrastructure and
physical plant that are essential to carrying out an
underground nuclear test at the Nevada Test Site.
``(5) An assessment of the readiness status of the skills
and capabilities described in paragraph (3) and the
infrastructure and physical plant described in paragraph (4).
``(c) Form.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.''.
(2) Clerical amendment.--The item relating to section 4208
in the table of contents for such Act is amended to read as
follows:
``Sec. 4208. Reports on nuclear test readiness.''.

SEC. 3113. MODIFICATION OF REPORTING REQUIREMENT.

Section 3111 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3539) is
amended--
(1) by redesignating subsections (c) and (d) as (d) and
(e), respectively;

[[Page H250]]

(2) by inserting after subsection (b) the following:
``(c) Form.--The report required by subsection (b) shall be
submitted in classified form, and shall include a detailed
unclassified summary.''; and
(3) in subsection (e), as so redesignated, by striking
``(c)'' and inserting ``(d)''.

SEC. 3114. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE
MATERIALS DISPOSITION PROGRAM.

(a) Limitation Pending Report on Use of Prior Fiscal Year
Funds.--No more than 75 percent of the fiscal year 2008
Fissile Materials Disposition program funds may be obligated
for the Fissile Materials Disposition program until the
Secretary of Energy, in consultation with the Administrator
for Nuclear Security, submits to the congressional defense
committees a report setting forth a plan for obligating and
expending funds made available for that program in fiscal
years before fiscal year 2008 that remain available for
obligation or expenditure as of January 1, 2005, and for
fiscal year 2008.
(b) Availability of Unutilized Funds Under Certification of
Partial Use.--Any funds identified in the plan required in
subsection (a) that are not planned to be obligated by the
end of fiscal year 2009 shall also be available for any
defense nuclear nonproliferation activities (other than the
Fissile Materials Disposition program) for which amounts are
authorized to be appropriated by section 3101(a)(2).
(c) Fiscal Year 2008 Fissile Materials Disposition Program
Funds Defined.--In this section, the term ``fiscal year 2008
Fissile Materials Disposition program funds'' means amounts
authorized to be appropriated by section 3101(a)(2) and
available for the Fissile Materials Disposition program.

SEC. 3115. MODIFICATION OF LIMITATIONS ON AVAILABILITY OF
FUNDS FOR WASTE TREATMENT AND IMMOBILIZATION
PLANT.

Paragraph (2) of section 3120(a) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2510) is amended--
(1) by striking ``the Defense Contract Management Agency
has recommended for acceptance'' and inserting ``an
independent entity has reviewed''; and
(2) by inserting ``and that the system has been certified
by the Secretary for use by a construction contractor at the
Waste Treatment and Immobilization Plant'' after ``Waste
Treatment and Immobilization Plant''.

SEC. 3116. MODIFICATION OF SUNSET DATE OF THE OFFICE OF THE
OMBUDSMAN OF THE ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.

Section 3686(g) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
15(g)) is amended by striking ``on the date that is 3 years
after the date of the enactment of this section'' and
inserting ``October 28, 2012''.

SEC. 3117. TECHNICAL AMENDMENTS.

The Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is
amended as follows:
(1) The heading of section 4204a (50 U.S.C. 2524a) is
amended to read as follows:
``SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.''.
(2) The table of contents for that Act is amended by
inserting after the item relating to section 4204 the
following new item:

``Sec. 4204A. Reliable Replacement Warhead program.''.

Subtitle C--Other Matters

SEC. 3121. STUDY ON USING EXISTING PITS FOR THE RELIABLE
REPLACEMENT WARHEAD PROGRAM.

(a) Study Required.--The Administrator for Nuclear
Security, in consultation with the Nuclear Weapons Council,
shall carry out a study analyzing the feasibility of using
existing pits in the Reliable Replacement Warhead program.
(b) Report.--
(1) In general.--Not later six months after the date of the
enactment of this Act, the Administrator shall submit to the
congressional defense committees a report on the results of
the study. The report shall be in unclassified form, but may
include a classified annex.
(2) Matters included.--The report shall contain the
assessment of the Administrator of the results of the study,
including--
(A) an assessment of--
(i) whether using existing pits in the program is
technically feasible;
(ii) whether using existing pits in the program is more
advantageous than using newly manufactured pits in the
program;
(iii) the number of existing pits suitable for such use;
(iv) whether proceeding to use existing pits in the program
before using newly manufactured pits in the program is
desirable; and
(v) the extent to which using existing pits, as compared to
using newly manufactured pits, in the program would reduce
future requirements for new pit production, and how such use
of existing pits would affect the schedule and scope for new
pit production; and
(B) a comparison of the requirements for certifying--
(i) reliable replacement warheads using existing pits;
(ii) reliable replacement warheads using newly manufactured
pits; and
(iii) warheads maintained by the Stockpile Life Extension
Program.
(c) Funding.--Of the amounts made available pursuant to the
authorization of appropriations in section 3101(a)(1), such
funds as may be necessary shall be available to carry out
this section.

SEC. 3122. REPORT ON RETIREMENT AND DISMANTLEMENT OF NUCLEAR
WARHEADS.

Not later than March 1, 2008, the Administrator for Nuclear
Security, in consultation with the Nuclear Weapons Council,
shall submit to the congressional defense committees a report
on the retirement and dismantlement of the nuclear warheads
that will not be part of the enduring stockpile as of
December 31, 2012, but that have not yet been retired or
dismantled. The report shall include--
(1) the existing plan and schedule for retiring and
dismantling those warheads;
(2) an assessment of the capacity of the nuclear weapons
complex to accommodate an accelerated schedule for retiring
and dismantling those warheads, taking into account the full
range of capabilities in the complex; and
(3) an identification of the resources needed to
accommodate such an accelerated schedule for retiring and
dismantling those warheads.

SEC. 3123. PLAN FOR ADDRESSING SECURITY RISKS POSED TO
NUCLEAR WEAPONS COMPLEX.

Section 3253(b) of the National Nuclear Security
Administration Act (50 U.S.C. 2453(b)) is amended by adding
at the end the following:
``(6) A plan, developed in consultation with the Director
of the Office of Health, Safety, and Security of the
Department of Energy, for the research and development,
deployment, and lifecycle sustainment of the technologies
employed within the nuclear weapons complex to address
physical and cyber security threats during the applicable
five-fiscal year period, together with--
``(A) for each site in the nuclear weapons complex, a
description of the technologies deployed to address the
physical and cyber security threats posed to that site;
``(B) for each site and for the nuclear weapons complex,
the methods used by the National Nuclear Security
Administration to establish priorities among investments in
physical and cyber security technologies; and
``(C) a detailed description of how the funds identified
for each program element specified pursuant to paragraph (1)
in the budget for the Administration for each fiscal year
during that five-fiscal year period will help carry out that
plan.''.

SEC. 3124. DEPARTMENT OF ENERGY PROTECTIVE FORCES.

(a) Comptroller General Report on Department of Energy
Protective Force Management.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives a report on the management of the
protective forces of the Department of Energy.
(2) Contents.--The report shall include the following:
(A) An identification of each Department of Energy site
with Category I nuclear materials.
(B) For each site identified under subparagraph (A)--
(i) a description of the management and contractual
structure for protective forces at the site;
(ii) a statement of the number and category of protective
force members at the site;
(iii) a description of the manner in which the site is
moving to a tactical response force as required by the policy
of the Department of Energy and an assessment of the issues
or problems, if any, involved in moving to such a force;
(iv) a description of the extent to which the protective
force at the site has been assigned or is responsible for law
enforcement or law-enforcement related activities;
(v) an assessment of the ability of the protective force at
the site to fulfill any such law enforcement or law
enforcement-related responsibilities; and
(vi) an assessment of whether the protective force at the
site is adequately staffed, trained, and equipped to comply
with the requirements of the Design Basis Threat issued by
the Department of Energy in November 2005 and, if not, when
it is projected to be.
(C) An analysis comparing the management, training, pay,
benefits, duties, responsibilities, and assignments of the
protective force at each site identified under subparagraph
(A) with the management, training, pay, benefits, duties,
responsibilities, and assignments of the Federal
transportation security force of the Department of Energy.
(D) A statement of options for managing the protective
force at sites identified under subparagraph (A) in a more
uniform manner, an analysis of the advantages and
disadvantages of each option, and an assessment of the
approximate cost of each option when compared with the costs
associated with the existing management of the protective
force at such sites.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
(b) Department of Energy Analysis of Alternatives for
Managing and Deploying Protective Forces.--
(1) In general.--Not later than 90 days after the date on
which the report is submitted under subsection (a), the
Secretary of

[[Page H251]]

Energy, in conjunction with the Administrator for Nuclear
Security and the Assistant Secretary for Environmental
Management, shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives a report on the management of the
protective forces of the Department of Energy.
(2) Contents.--The report shall include the following:
(A) Each of the matters specified in subparagraphs (A),
(B), and (C) of subsection (a)(2).
(B) Each of the matters specified in subparagraph (D) of
subsection (a)(2), except that--
(i) the options analyzed shall include each of the options
included in the report submitted under subsection (a), as
well as any other options identified by the Secretary; and
(ii) the analysis and assessment shall also include an
analysis of the role played by incentives inherent in the use
of private contractors to provide protective forces in the
performance of those protective forces.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.

SEC. 3125. EVALUATION OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION STRATEGIC PLAN FOR ADVANCED
COMPUTING.

(a) In General.--The Secretary of Energy shall--
(1) enter into an agreement with an independent entity to
conduct an evaluation of the strategic plan for advanced
computing of the National Nuclear Security Administration;
and
(2) not later than one year after the date of the enactment
of this Act, submit to the congressional defense committees a
report containing the results of the evaluation described in
paragraph (1).
(b) Elements.--The evaluation described in subsection
(a)(1) shall include the following:
(1) An assessment of--
(A) the adequacy of the strategic plan in supporting the
Stockpile Stewardship Program;
(B) the role of research into, and development of, high-
performance computing supported by the National Nuclear
Security Administration in fulfilling the mission of the
National Nuclear Security Administration and in maintaining
the leadership of the United States in high-performance
computing; and
(C) the impacts of changes in investment levels or research
and development strategies on fulfilling the missions of the
National Nuclear Security Administration.
(2) An assessment of the efforts of the Department of
Energy to--
(A) coordinate high-performance computing work within the
Department, in particular between the National Nuclear
Security Administration and the Office of Science;
(B) develop joint strategies with other Federal agencies
and private industry groups for the development of high-
performance computing; and
(C) share high-performance computing developments with
private industry and capitalize on innovations in private
industry in high-performance computing.

SEC. 3126. SENSE OF CONGRESS ON THE NUCLEAR NON-PROLIFERATION
POLICY OF THE UNITED STATES AND THE RELIABLE
REPLACEMENT WARHEAD PROGRAM.

It is the sense of Congress that--
(1) the United States should maintain its commitment to
Article VI of the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Washington, London, and Moscow July 1, 1968,
and entered into force March 5, 1970 (in this section
referred to as the ``Nuclear Non-Proliferation Treaty'');
(2) the United States should initiate talks with Russia to
reduce the number of nonstrategic nuclear weapons and further
reduce the number of strategic nuclear weapons in the
respective nuclear weapons stockpiles of the United States
and Russia in a transparent and verifiable fashion and in a
manner consistent with the security of the United States;
(3) the United States and other declared nuclear weapons
state parties to the Nuclear Non-Proliferation Treaty,
together with weapons states that are not parties to the
Treaty, should work to reduce the total number of nuclear
weapons in the respective stockpiles and related delivery
systems of such states;
(4) the United States, Russia, and other states should work
to negotiate, and then sign and ratify, a treaty setting
forth a date for the cessation of the production of fissile
material;
(5) the United States should sustain the science-based
stockpile stewardship program, which provides the basis for
certifying the United States nuclear deterrent and
maintaining the moratorium on underground nuclear weapons
testing;
(6) the United States should commit to dismantle as soon as
possible all retired warheads or warheads that are planned to
be retired from the United States nuclear weapons stockpile;
(7) the United States, along with the other declared
nuclear weapons state parties to the Nuclear Non-
Proliferation Treaty, should participate in transparent
discussions regarding their nuclear weapons programs and
plans, including plans for any new weapons or warheads, and
how such programs and plans relate to their obligations as
nuclear weapons state parties under the Treaty;
(8) the United States and the declared nuclear weapons
state parties to the Nuclear Non-Proliferation Treaty should
work to decrease reliance on, and the importance of, nuclear
weapons; and
(9) the United States should formulate any decision on
whether to manufacture or deploy a reliable replacement
warhead within the broader context of the progress made by
the United States toward achieving each of the goals
described in paragraphs (1) through (8).

SEC. 3127. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN
AND EXPAND INTERNATIONAL RADIOLOGICAL THREAT
REDUCTION PROGRAM.

Not later than 120 days after the date of the enactment of
this Act, the Secretary of Energy shall submit to Congress a
report that sets forth a specific plan for strengthening and
expanding the Department of Energy International Radiological
Threat Reduction (IRTR) program within the Global Threat
Reduction Initiative. The plan shall address concerns raised
and recommendations made by the Government Accountability
Office in its report of March 13, 2007, titled ``Focusing on
the Highest Priority Radiological Sources Could Improve DOE's
Efforts to Secure Sources in Foreign Countries'', and shall
specifically include actions to--
(1) improve the Department's coordination with the
Department of State and the Nuclear Regulatory Commission;
(2) improve information-sharing between the Department and
the International Atomic Energy Agency;
(3) with respect to hospitals and clinics containing
radiological sources that receive security upgrades, give
high priority to those determined to be the highest risk;
(4) accelerate efforts to remove as many radioisotope
thermoelectric generators (RTGs) in the Russian Federation as
practicable;
(5) develop a long-term sustainability plan for security
upgrades that includes, among other things, future resources
required to implement such a plan; and
(6) develop a long-term operational plan that ensures
sufficient funding for the IRTR program and ensures
sufficient funding to identify, recover, and secure all
vulnerable high-risk radiological sources worldwide as
quickly and effectively as possible.

SEC. 3128. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN
AND EXPAND MATERIALS PROTECTION, CONTROL, AND
ACCOUNTING PROGRAM.

Not later than 120 days after the date of the enactment of
this Act, the Secretary of Energy shall submit to Congress a
specific plan for strengthening and expanding the Department
of Energy Materials Protection, Control, and Accounting
(MPC&A) program. The plan shall address concerns raised and
recommendations made by the Government Accountability Office
in its report of February 2007, titled ``Progress Made in
Improving Security at Russian Nuclear Sites, but the Long-
Term Sustainability of U.S. Funded Security Upgrades is
Uncertain'', and shall specifically include actions to--
(1) strengthen program management and the effectiveness of
the Department's efforts to improve security at weapons-
usable nuclear material and warhead sites in the Russian
Federation and other countries by--
(A) revising the metrics used to measure MPC&A program
progress to better reflect the level of security upgrade
completion at buildings reported as ``secure'';
(B) actively working with other countries, in coordination
with the Secretary of State, to develop an appropriate access
plan for each country; and
(C) developing a management information system to track the
Department's progress in providing Russia with a sustainable
MPC&A system by 2013; and
(2) develop a long-term operational plan that ensures
sufficient funding for the MPC&A program, including for
National Programs and Sustainability, and ensures sufficient
funding to secure all weapons-usable nuclear material and
warhead sites as quickly and effectively as possible.

SEC. 3129. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS
CAPABILITIES.

(a) International Agreements.--
(1) In general.--Title XLIII of the Atomic Energy Defense
Act (50 U.S.C. 2561 et seq.) is amended by adding at the end
the following:

``SEC. 4307. INTERNATIONAL AGREEMENTS ON NUCLEAR WEAPONS
DATA.

``The Secretary of Energy may, with the concurrence of the
Secretary of State and in coordination with the Secretary of
Defense, the Secretary of Homeland Security, and the Director
of National Intelligence, enter into agreements with
countries or international organizations to conduct data
collection and analysis to determine accurately and in a
timely manner the source of any components of, or fissile
material used or attempted to be used in, a nuclear device or
weapon.

``SEC. 4308. INTERNATIONAL AGREEMENTS ON INFORMATION ON
RADIOACTIVE MATERIALS.

``The Secretary of Energy may, with the concurrence of the
Secretary of State and in coordination with the Secretary of
Defense, the Secretary of Homeland Security, and the Director
of National Intelligence, enter into agreements with
countries or international organizations--
``(1) to acquire for the materials information program of
the Department of Energy

[[Page H252]]

validated information on the physical characteristics of
radioactive material produced, used, or stored at various
locations, in order to facilitate the ability to determine
accurately and in a timely manner the source of any
components of, or fissile material used or attempted to be
used in, a nuclear device or weapon; and
``(2) to obtain access to information described in
paragraph (1) in the event of--
``(A) a nuclear detonation; or
``(B) the interdiction or discovery of a nuclear device or
weapon or nuclear material.''.
(2) Clerical amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 4306A the following:

``Sec. 4307. International agreements on nuclear weapons data.
``Sec. 4308. International agreements on information on radioactive
materials.''.

(b) Report on Agreements.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Energy shall, in coordination with the Secretary of State,
submit to Congress a report identifying--
(1) the countries or international organizations with which
the Secretary has sought to make agreements pursuant to
sections 4307 and 4308 of the Atomic Energy Defense Act, as
added by subsection (a);
(2) any countries or international organizations with which
such agreements have been finalized and the measures included
in such agreements; and
(3) any major obstacles to completing such agreements with
other countries and international organizations.
(c) Report on Standards and Capabilities.--Not later than
180 days after the date of the enactment of this Act, the
President shall submit to Congress a report--
(1) setting forth standards and procedures to be used in
determining accurately and in a timely manner any country or
group that knowingly or negligently provides to another
country or group--
(A) a nuclear device or weapon;
(B) a major component of a nuclear device or weapon; or
(C) fissile material that could be used in a nuclear device
or weapon;
(2) assessing the capability of the United States to
collect and analyze nuclear material or debris in a manner
consistent with the standards and procedures described in
paragraph (1); and
(3) including a plan and proposed funding for rectifying
any shortfalls in the nuclear forensics capabilities of the
United States by September 30, 2010.

SEC. 3130. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT
INITIATIVES TO ACCELERATE THE REDUCTION OF
ENVIRONMENTAL RISKS AND CHALLENGES POSED BY THE
LEGACY OF THE COLD WAR.

(a) In General.--Not later than September 30, 2008, the
Secretary of Energy shall submit to the congressional defense
committees and the Comptroller General of the United States a
report on the status of the environmental management
initiatives undertaken to accelerate the reduction of the
environmental risks and challenges that, as a result of the
legacy of the Cold War, are faced by the Department of
Energy, contractors of the Department, and applicable Federal
and State agencies with regulatory jurisdiction.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A discussion and assessment of the progress made in
reducing the environmental risks and challenges described in
subsection (a) in each of the following areas:
(A) Acquisition strategy and contract management.
(B) Regulatory agreements.
(C) Interim storage and final disposal of high-level waste,
spent nuclear fuel, transuranic waste, and low-level waste.
(D) Closure and transfer of environmental remediation
sites.
(E) Achievements in innovation by contractors of the
Department with respect to accelerated risk reduction and
cleanup.
(F) Consolidation of special nuclear materials and
improvements in safeguards and security.
(2) An assessment of whether legislative changes or
clarifications would improve or accelerate environmental
management activities.
(3) A listing of the major mandatory milestones and
commitments by site, by type of agreement, and by year to the
extent that they are currently defined, together with a
summary of the major mandatory milestones by site that are
projected to be missed or are in jeopardy of being missed,
with categories to explain the reason for non-compliance.
(4) An estimate of the life cycle cost of the current scope
of the environmental management program as of October 1,
2007, by project baseline summary and summarized by site,
including assumptions impacting cost projections and
descriptions of the work to be done at each site.
(5) For environmental cleanup liabilities and excess
facilities projected to be transferred to the environmental
management program, a description of the process for
nomination and acceptance of new work scope into the program,
a listing of pending nominations, and life cycle cost
estimates and schedules to address them.
(c) Review by Comptroller General.--Not later than March
30, 2009, the Comptroller General shall submit to the
congressional defense committees a report containing a review
of the report required by subsection (a).

Subtitle D--Nuclear Terrorism Prevention

SEC. 3131. DEFINITIONS.

In this subtitle:
(1) The term ``Convention on the Physical Protection of
Nuclear Material'' means the Convention on the Physical
Protection of Nuclear Material, signed at New York and Vienna
March 3, 1980.
(2) The term ``formula quantities of strategic special
nuclear material'' means uranium-235 (contained in uranium
enriched to 20 percent or more in the U-235 isotope),
uranium-233, or plutonium in any combination in a total
quantity of 5,000 grams or more computed by the formula,
grams = (grams contained U-235) + 2.5 (grams U-233 + grams
plutonium), as set forth in the definitions of ``formula
quantity'' and ``strategic special nuclear material'' in
section 73.2 of title 10, Code of Federal Regulations.
(3) The term ``Nuclear Non-Proliferation Treaty'' means the
Treaty on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (21 UST 483).
(4) The term ``nuclear weapon'' means any device utilizing
atomic energy, exclusive of the means for transporting or
propelling the device (where such means is a separable and
divisible part of the device), the principal purpose of which
is for use as, or for the development of, a weapon, a weapon
prototype, or a weapon test device.

SEC. 3132. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR
TERRORISM.

It is the sense of Congress that--
(1) the President should make the prevention of a nuclear
terrorist attack on the United States a high priority;
(2) the President should accelerate programs, requesting
additional funding as appropriate, to prevent nuclear
terrorism, including combating nuclear smuggling, securing
and accounting for nuclear weapons, and eliminating,
removing, or securing and accounting for formula quantities
of strategic special nuclear material wherever such
quantities may be;
(3) the United States, together with the international
community, should take a comprehensive approach to reducing
the danger of nuclear terrorism, including by making
additional efforts to identify and eliminate terrorist groups
that aim to acquire nuclear weapons, to ensure that nuclear
weapons worldwide are secure and accounted for and that
formula quantities of strategic special nuclear material
worldwide are eliminated, removed, or secure and accounted
for to a degree sufficient to defeat the threat that
terrorists and criminals have shown they can pose, and to
increase the ability to find and stop terrorist efforts to
manufacture nuclear explosives or to transport nuclear
explosives and materials anywhere in the world;
(4) within such a comprehensive approach, a high priority
must be placed on ensuring that all nuclear weapons worldwide
are secure and accounted for and that all formula quantities
of strategic special nuclear material worldwide are
eliminated, removed, or secure and accounted for; and
(5) the International Atomic Energy Agency should be funded
appropriately to fulfill its role in coordinating
international efforts to protect nuclear material and to
combat nuclear smuggling.

SEC. 3133. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND
FORMULA QUANTITIES OF STRATEGIC SPECIAL NUCLEAR
MATERIAL.

(a) Policy.--It is the policy of the United States to work
with the international community to take all possible steps
to ensure that all nuclear weapons around the world are
secure and accounted for and that all formula quantities of
strategic special nuclear material are eliminated, removed,
or secure and accounted for to a level sufficient to defeat
the threats posed by terrorists and criminals.
(b) International Nuclear Security Standard.--It is the
sense of Congress that, in furtherance of the policy
described in subsection (a), and consistent with the
requirement for ``appropriate effective'' physical protection
contained in United Nations Security Council Resolution 1540
(2004), as well as the Nuclear Non-Proliferation Treaty and
the Convention on the Physical Protection of Nuclear
Material, the President, in consultation with relevant
Federal departments and agencies, should seek the broadest
possible international agreement on a global standard for
nuclear security that--
(1) ensures that nuclear weapons and formula quantities of
strategic special nuclear material are secure and accounted
for to a sufficient level to defeat the threats posed by
terrorists and criminals;
(2) takes into account the limitations of equipment and
human performance; and
(3) includes steps to provide confidence that the needed
measures have in fact been implemented.
(c) International Efforts.--It is the sense of Congress
that, in furtherance of the policy described in subsection
(a), the President, in consultation with relevant Federal
departments and agencies, should--
(1) work with other countries and the International Atomic
Energy Agency to assist as appropriate, and if necessary work
to convince, the governments of any and all countries in
possession of nuclear weapons or formula quantities of
strategic special nuclear material to ensure that security is
upgraded to meet the standard described in subsection (b) as
rapidly as possible and in a manner that--

[[Page H253]]

(A) accounts for the nature of the terrorist and criminal
threat in each such country; and
(B) ensures that any measures to which the United States
and any such country agree are sustained after United States
and other international assistance ends;
(2) ensure that United States financial and technical
assistance is available, as appropriate, to countries for
which the provision of such assistance would accelerate the
implementation of, or improve the effectiveness of, such
security upgrades; and
(3) work with the governments of other countries to ensure
that effective nuclear security rules, accompanied by
effective regulation and enforcement, are put in place to
govern all nuclear weapons and formula quantities of
strategic special nuclear material around the world.

SEC. 3134. ANNUAL REPORT.

(a) In General.--Not later than September 1 of each year
through 2012, the President, in consultation with relevant
Federal departments and agencies, shall submit to Congress a
report on the security of nuclear weapons and related
equipment and formula quantities of strategic special nuclear
material outside of the United States.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A section on the programs for the security and
accounting of nuclear weapons and the elimination, removal,
and security and accounting of formula quantities of
strategic special nuclear material, established under section
3132(b) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(b)),
which shall include the following:
(A) A survey of the facilities and sites worldwide that
contain nuclear weapons or related equipment, or formula
quantities of strategic special nuclear material.
(B) A list of such facilities and sites determined to be of
the highest priority for security and accounting of nuclear
weapons and related equipment, or the elimination, removal,
or security and accounting of formula quantities of strategic
special nuclear material, taking into account risk of theft
from such facilities and sites, and organized by level of
priority.
(C) A prioritized plan, including measurable milestones,
metrics, estimated timetables, and estimated costs of
implementation, on the following:
(i) The security and accounting of nuclear weapons and
related equipment and the elimination, removal, or security
and accounting of formula quantities of strategic special
nuclear material at such facilities and sites worldwide.
(ii) Ensuring that security upgrades and accounting reforms
implemented at such facilities and sites worldwide, using the
financial and technical assistance of the United States, are
effectively sustained after such assistance ends.
(iii) The role that international agencies and the
international community have committed to play, together with
a plan for securing international contributions.
(D) An assessment of the progress made in implementing the
plan described in subparagraph (C), including a description
of the efforts of foreign governments to secure and account
for nuclear weapons and related equipment and to eliminate,
remove, or secure and account for formula quantities of
strategic special nuclear material.
(2) A section on efforts to establish and implement the
international nuclear security standard described in section
3133(b) and related policies.
(c) Form.--The report may be submitted in classified form
but shall include a detailed unclassified summary.

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

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

SEC. 3201. ADDITIONAL WAR-RELATED AUTHORIZATION OF
APPROPRIATIONS FOR NATIONAL NUCLEAR SECURITY
ADMINISTRATION.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal year 2008 to the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation in the amount of $50,000,000, of
which $30,000,000 is for the International Nuclear Materials
Protection and Cooperation program and $20,000,000 is for the
Global Threat Reduction Initiative.
(b) Treatment as Additional Authorization.--The amounts
authorized to be appropriated by this section are in addition
to amounts otherwise authorized to be appropriated by this
Act.

TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3301. Authorization.

SEC. 3301. AUTHORIZATION.

There are authorized to be appropriated for fiscal year
2008, $22,499,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).

TITLE XXXIV--NAVAL PETROLEUM RESERVES

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

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $17,301,000 for fiscal year 2008
for the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.

SEC. 3402. REMEDIAL ACTION AT MOAB URANIUM MILLING SITE.

Section 3405(i) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
10 U.S.C. 7420 note) is amended by adding at the end the
following new paragraph:
``(6)(A) Not later than October 1, 2019, the Secretary of
Energy shall complete remediation at the Moab site and
removal of the tailings to the Crescent Junction site in
Utah.
``(B) In the event the Secretary of Energy is unable to
complete remediation at the Moab Site by October 1, 2019, the
Secretary shall submit to Congress a plan setting forth the
projected completion date and the estimated funding to meet
the revised date. The Secretary shall submit the plan, if
required, to Congress not later than October 2, 2019.''.

TITLE XXXV--MARITIME ADMINISTRATION

Subtitle A--Maritime Administration Reauthorization

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

Subtitle B--Programs

Subtitle C--Technical Corrections

Subtitle A--Maritime Administration Reauthorization

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2008.

Funds are hereby authorized to be appropriated for fiscal
year 2008, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for the Maritime Administration
as follows:
(1) For expenses necessary for operations and training
activities, $124,303,000, of which--
(A) $63,958,000 shall remain available until expended for
expenses and capital improvements at the United States
Merchant Marine Academy; and
(B) $11,500,000 which shall remain available until expended
for maintenance and repair of school ships at the State
Maritime Academies.
(2) For expenses to maintain and preserve a United States-
flag merchant fleet to serve the national security needs of
the United States under chapter 531 of title 46, United
States Code, $156,000,000.
(3) For paying reimbursement under section 3517 of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note),
$19,500,000.
(4) For assistance to small shipyards and maritime
communities under section 54101 of title 46, United States
Code, $25,000,000.
(5) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, including provision of
assistance under section 7 of Public Law 92-402, $20,000,000.
(6) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C 661a(5)) of loan
guarantees under the program authorized by chapter 537 of
title 46, United States Code, $30,000,000.
(7) For administrative expenses related to the
implementation of the loan guarantee program under chapter
537 of title 46, United States Code, administrative expenses
related to implementation of the reimbursement program under
section 3517 of the Maritime Security Act of 2003 (46 U.S.C.
53101 note), and administrative expenses related to the
implementation of the small shipyards and maritime
communities assistance program under section 54101 of title
46, United States Code, $6,000,000.

SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBATANT
VESSELS TO NAVY FOR DISPOSAL.

The Secretary of Transportation shall, subject to the
availability of appropriations and consistent with section
1535 of title 31, United States Code, popularly known as the
Economy Act, transfer to the Secretary of

[[Page H254]]

the Navy during fiscal year 2008 for disposal by the Navy, no
fewer than 3 combatant vessels in the nonretention fleet of
the Maritime Administration that are acceptable to the
Secretary of the Navy.

SEC. 3503. VESSEL DISPOSAL PROGRAM.

(a) In General.--Within 30 days after the date of the
enactment of this Act, the Secretary of Transportation shall
convene a working group to review and make recommendations on
best practices for the storage and disposal of obsolete
vessels owned or operated by the Federal Government. The
Secretary shall invite senior representatives from the
Maritime Administration, the Coast Guard, the Environmental
Protection Agency, the National Oceanic and Atmospheric
Administration, and the United States Navy to participate in
the working group. The Secretary may request the
participation of senior representatives of any other Federal
department or agency, as appropriate, and may also request
participation from concerned State environmental agencies.
(b) Scope.--Among the vessels to be considered by the
working group are Federally owned or operated vessels that
are--
(1) to be scrapped or recycled;
(2) to be used as artificial reefs; or
(3) to be used for the Navy's SINKEX program.
(c) Purpose.--The working group shall--
(1) examine current storage and disposal policies,
procedures, and practices for obsolete vessels owned or
operated by Federal agencies;
(2) examine Federal and State laws and regulations
governing such policies, procedures, and practices and any
applicable environmental laws; and
(3) within 90 days after the date of enactment of the Act,
submit a plan to the Committee on Armed Services and the
Committee on Commerce, Science and Transportation of the
Senate and the Committee on Armed Services of the House of
Representatives to improve and harmonize practices for
storage and disposal of such vessels, including the interim
transportation of such vessels.
(d) Contents of Plan.--The working group shall include in
the plan submitted under subsection (c)(3)--
(1) a description of existing measures for the storage,
disposal, and interim transportation of obsolete vessels
owned or operated by Federal agencies in compliance with
Federal and State environmental laws in a manner that
protects the environment;
(2) a description of Federal and State laws and regulations
governing the current policies, procedures, and practices for
the storage, disposal, and interim transportation of such
vessels;
(3) recommendations for environmental best practices that
meet or exceed, and harmonize, the requirements of Federal
environmental laws and regulations applicable to the storage,
disposal, and interim transportation of such vessels;
(4) recommendations for environmental best practices that
meet or exceed the requirements of State laws and regulations
applicable to the storage, disposal, and interim
transportation of such vessels;
(5) procedures for the identification and remediation of
any environmental impacts caused by the storage, disposal,
and interim transportation of such vessels; and
(6) recommendations for necessary steps, including
regulations if appropriate, to ensure that best environmental
practices apply to all such vessels.
(e) Implementation of Plan.--
(1) In general.--As soon as practicable after the date of
enactment of the Act, the head of each Federal department or
agency participating in the working group, in consultation
with the other Federal departments and agencies participating
in the working group, shall take such action as may be
necessary, including the promulgation of regulations, under
existing authorities to ensure that the implementation of the
plan provides for compliance with all Federal and State laws
and for the protection of the environment in the storage,
interim transportation, and disposal of obsolete vessels
owned or operated by Federal agencies.
(2) Armed services vessels.--The Secretary and the
Secretary of Defense, in consultation with the Administrator
of the Environmental Protection Agency, shall each ensure
that environmental best practices are observed with respect
to the storage, disposal, and interim transportation of
obsolete vessels owned or operated by the Department of
Defense.
(f) Rule of Construction.--Nothing in this section shall be
construed to supersede, limit, modify, or otherwise affect
any other provision of law, including environmental law.

Subtitle B--Programs

SEC. 3511. COMMERCIAL VESSEL CHARTERING AUTHORITY.

(a) In General.--Subchapter III of chapter 575 of title 46,
United States Code, is amended by adding at the end the
following:

``Sec. 57533. Vessel chartering authority

``The Secretary of Transportation may enter into contracts
or other agreements on behalf of the United States to
purchase, charter, operate, or otherwise acquire the use of
any vessels documented under chapter 121 of this title and
any other related real or personal property. The Secretary is
authorized to use this authority as the Secretary deems
appropriate.''.
(b) Conforming Amendment.--The chapter analysis for chapter
575 of such title is amended by adding at the end the
following:

``57533. Vessel chartering authority''.

SEC. 3512. MARITIME ADMINISTRATION VESSEL CHARTERING
AUTHORITY.

Section 50303 of title 46, United States Code, is amended
by--
(1) inserting ``vessels,'' after ``piers,''; and
(2) by striking ``control;'' in subsection (a)(1) and
inserting ``control, except that the prior consent of the
Secretary of Defense for such use shall be required with
respect to any vessel in the Ready Reserve Force or in the
National Defense Reserve Fleet which is maintained in a
retention status for the Department of Defense;''.

SEC. 3513. CHARTERING TO STATE AND LOCAL GOVERNMENTAL
INSTRUMENTALITIES.

Section 11(b) of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744(b)), is amended--
(1) by striking ``or'' after the semicolon in paragraph
(3);
(2) by striking ``Defense.'' in paragraph (4) and inserting
``Defense; or''; and
(3) by adding at the end thereof the following:
``(5) on a reimbursable basis, for charter to the
government of any State, locality, or Territory of the United
States, except that the prior consent of the Secretary of
Defense for such use shall be required with respect to any
vessel in the Ready Reserve Force or in the National Defense
Reserve Fleet which is maintained in a retention status for
the Department of Defense.''.

SEC. 3514. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS.

Section 6(c)(1) of the National Maritime Heritage Act of
1994 (16 U.S.C. 5405(c)(1)) is amended--
(1) by inserting ``(either by sale or purchase of disposal
services)'' after ``shall dispose''; and
(2) by striking subparagraph (A) of paragraph (1) and
inserting the following:
``(A) in accordance with a priority system for disposing of
vessels, as determined by the Secretary, which shall include
provisions requiring the Maritime Administration to--
``(i) dispose of all deteriorated high priority ships that
are available for disposal, within 12 months of their
designation as such; and
``(ii) give priority to the disposition of those vessels
that pose the most significant danger to the environment or
cost the most to maintain;''.

SEC. 3515. VESSEL TRANSFER AUTHORITY.

Section 50304 of title 46, United States Code, is amended
by adding at the end thereof the following:
``(d) Vessel Charters to Other Departments.--On a
reimbursable or nonreimbursable basis, as determined by the
Secretary of Transportation, the Secretary may charter or
otherwise make available a vessel under the jurisdiction of
the Secretary to any other department, upon the request by
the Secretary of the Department that receives the vessel. The
prior consent of the Secretary of Defense for such use shall
be required with respect to any vessel in the Ready Reserve
Force or in the National Defense Reserve Fleet which is
maintained in a retention status for the Department of
Defense.''.

SEC. 3516. SEA TRIALS FOR READY RESERVE FORCE.

Section 11(c)(1)(B) of the Merchant Ship Sales Act of 1946
(50 U.S.C. App. 1744(c)(1)(B)) is amended to read as follows:
``(B) activate and conduct sea trials on each vessel at
least once every 30 months;''.

SEC. 3517. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES.

(a) Findings.--The Congress makes the following findings:
(1) The maritime loan guarantee program was established by
the Congress through the Merchant Marine Act, 1936 to
encourage domestic shipbuilding by making available federally
backed loan guarantees for new construction to ship owners
and operators.
(2) The maritime loan guarantee program has a long and
successful history of ship construction with a low historical
default rate.
(3) The current process for review of applications for
maritime loans in the Department of Transportation has
effectively discontinued the program as envisioned by the
Congress.
(4) The President has requested no funding for the loan
guarantee program despite the stated national policy to
foster the development and encourage the maintenance of a
merchant marine in section 50101 of title 46, United States
Code.
(5) United States commercial shipyards were placed at a
competitive disadvantage in the world shipbuilding market by
government subsidized foreign commercial shipyards.
(6) The maritime loan guarantee program has the potential
to modernize shipyards and the ships of the United States
coastwise trade and restore a competitive position in the
world shipbuilding market for United States shipyards.
(7) The maritime loan guarantee program is a useful tool to
encourage domestic shipbuilding, preserving a vital
industrial capacity critical to the security of the United
States.
(b) Requirements.--
(1) In general.--Within 180 days after the date of
enactment of this Act, the Administrator of the Maritime
Administration shall

[[Page H255]]

develop and implement a comprehensive plan for the review of
applications for loan guarantees under chapter 537 of title
46, United States Code.
(2) Deadline for action on application.--
(A) Traditional applications.--In the comprehensive plan
the Administrator will ensure that within the 90-day period
following receipt of all pertinent documentation required for
review of a traditional loan application, the application
shall be either accepted or rejected.
(B) Nontraditional applications.--In the comprehensive plan
the Administrator will ensure that within the 180-day period
following receipt of all pertinent documentation required for
review of a nontraditional loan application, the application
shall be either accepted or rejected.
(c) Submission to Congress.--The Administrator shall submit
a copy of the comprehensive plan to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services of the House of Representatives
within 180 days after the date of enactment of this Act.
(d) Definitions.--In this section:
(1) Traditional application.--The term ``traditional
application'' means an application for a loan, guarantee, or
commitment to guarantee submitted pursuant to chapter 537 of
title 46, United States Code, that involves a market,
technology, and financial structure of a type that has proven
successful in previous applications and does not present an
unreasonable risk to the United States, as determined by the
Administrator of the Maritime Administration.
(2) Nontraditional application.--The term ``nontraditional
application'' means an application for a loan, guarantee, or
commitment to guarantee submitted pursuant to chapter 537 of
title 46, United States Code, that is not a traditional
application, as determined by the Administrator of the
Maritime Administration.

Subtitle C--Technical Corrections

SEC. 3521. PERSONAL INJURY TO OR DEATH OF SEAMEN.

(a) Amendment.--Section 30104 of title 46, United States
Code, is amended--
(1) by striking ``(a) Cause of Action.--''; and
(2) by repealing subsection (b).
(b) Effective Date.--The amendment made by subsection (a)
shall be effective as if included in the enactment of Public
Law 109-304.

SEC. 3522. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 109-
163.

(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Section 53701 is amended by--
(A) redesignating paragraphs (2) through (13) as paragraphs
(3) through (14), respectively;
(B) inserting after paragraph (1) the following:
``(2) Administrator.--The term `Administrator' means the
Administrator of the Maritime Administration.''; and
(C) striking paragraph (13) (as redesignated) and inserting
the following:
``(13) Secretary.--The term `Secretary' means the Secretary
of Commerce with respect to fishing vessels and fishery
facilities.''.
(2) Section 53706(c) is amended to read as follows:
``(c) Priorities for Certain Vessels.--
``(1) Vessels.--In guaranteeing or making a commitment to
guarantee an obligation under this chapter, the Administrator
shall give priority to--
``(A) a vessel that is otherwise eligible for a guarantee
and is constructed with assistance under subtitle D of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note); and
``(B) after applying subparagraph (A), a vessel that is
otherwise eligible for a guarantee and that the Secretary of
Defense determines--
``(i) is suitable for service as a naval auxiliary in time
of war or national emergency; and
``(ii) meets a shortfall in sealift capacity or capability.
``(2) Time for determination.--The Secretary of Defense
shall determine whether a vessel satisfies paragraph (1)(B)
not later than 30 days after receipt of a request from the
Administrator for such a determination.''.
(3) Section 53707 is amended--
(A) by inserting ``or Administrator'' in subsections (a)
and (d) after ``Secretary'' each place it appears;
(B) by striking ``Secretary of Transportation'' in
subsection (b) and inserting ``Administrator'';
(C) by striking ``of Commerce'' in subsection (c); and
(D) in subsection (d)(2), by--
(i) inserting ``if the Secretary or Administrator considers
necessary,'' before ``the waiver''; and
(ii) striking ``the increased'' and inserting ``any
significant increase in''.
(4) Section 53708 is amended--
(A) by striking ``Secretary of Transportation'' in the
heading of subsection (a) and inserting ``Administrator'';
(B) by striking ``Secretary'' and ``Secretary of
Transportation'' each place they appear in subsection (a) and
inserting ``Administrator'';
(C) by striking ``of Commerce'' in the heading of
subsection (b);
(D) by striking ``of Commerce'' in subsections (b) and (c);
(E) in subsection (d), by--
(i) inserting ``or Administrator'' after ``Secretary'' the
first place it appears; and
(ii) striking ``financial structures, or other risk factors
identified by the Secretary. Any independent analysis
conducted under this subsection shall be performed by a party
chosen by the Secretary.'' and inserting ``or financial
structures. A third party independent analysis conducted
under this subsection shall be performed by a private sector
expert in assessing such risk factors who is selected by the
Secretary or Administrator.''; and
(F) in subsection (e), by--
(i) inserting ``or Administrator'' after ``Secretary'' the
first place it appears; and
(ii) striking ``financial structures, or other risk factors
identified by the Secretary'' and inserting ``or financial
structures''.
(5) Section 53710(b)(1) is amended by striking
``Secretary's'' and inserting ``Administrator's''.
(6) Section 53712(b) is amended by striking the last
sentence and inserting ``If the Secretary or Administrator
has waived a requirement under section 53707(d) of this
title, the loan agreement shall include requirements for
additional payments, collateral, or equity contributions to
meet the waived requirement upon the occurrence of verifiable
conditions indicating that the obligor's financial condition
enables the obligor to meet the waived requirement.''.
(7) Subsections (c) and (d) of section 53717 are each
amended--
(A) by striking ``of Commerce'' in the subsection heading;
and
(B) by striking ``of Commerce'' each place it appears.
(8) Section 53732(e)(2) is amended by inserting ``of
Defense'' after ``Secretary'' the second place it appears.
(9) The following provisions are amended by striking
``Secretary'' and ``Secretary of Transportation'' and
inserting ``Administrator'':
(A) Section 53710(b)(2)(A)(i).
(B) Section 53717(b) each place it appears in a heading and
in text.
(C) Section 53718.
(D) Section 53731 each place it appears, except where
``Secretary'' is followed by ``of Energy''.
(E) Section 53732 (as amended by paragraph (8)) each place
it appears, except where ``Secretary'' is followed by ``of
the Treasury'', ``of State'', or ``of Defense''.
(F) Section 53733 each place it appears.
(10) The following provisions are amended by inserting ``or
Administrator'' after ``Secretary'' each place it appears in
headings and text, except where ``Secretary'' is followed by
``of Transportation'' or ``of the Treasury'':
(A) The items relating to sections 53722 and 53723 in the
chapter analysis for chapter 537.
(B) Sections 53701(1), (4), and (9) (as redesignated by
paragraph (1)(A)), 53702(a), 53703, 53704,
53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and (2)(A), and (d),
53710(a) and (c), 53711, 53712 (except in the last sentence
of subsection (b) as amended by paragraph (6)), 53713 to
53716, 53721 to 53725, and 53734.
(11) Sections 53715(d)(1), 53716(d)(3), 53721(c),
53722(a)(1) and (b)(1)(B), and 53724(b) are amended by
inserting ``or Administrator's'' after ``Secretary's''.
(b) Repeal of Superseded Amendments.--Section 3507 (except
subsection (c)(4)) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163) is repealed.

SEC. 3523. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109-163.

(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Chapters 513 and 515 are amended by striking ``Naval
Reserve'' each place it appears in analyses, headings, and
text and inserting ``Navy Reserve''.
(2) Section 51504(f) is amended to read as follows:
``(f) Fuel Costs.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall pay to each State
maritime academy the costs of fuel used by a vessel provided
under this section while used for training.
``(2) Maximum amounts.--The amount of the payment to a
State maritime academy under paragraph (1) may not exceed--
``(A) $100,000 for fiscal year 2006;
``(B) $200,000 for fiscal year 2007; and
``(C) $300,000 for fiscal year 2008 and each fiscal year
thereafter.''.
(3) Section 51505(b)(2)(B) is amended by striking
``$200,000'' and inserting ``$300,000 for fiscal year 2006,
$400,000 for fiscal year 2007, and $500,000 for fiscal year
2008 and each fiscal year thereafter''.
(4) Section 51701(a) is amended by striking ``of the United
States.'' and inserting ``of the United States and to perform
functions to assist the United States merchant marine, as
determined necessary by the Secretary.''.
(5)(A) Section 51907 is amended to read as follows:

``Sec. 51907. Provision of decorations, medals, and
replacements

``The Secretary of Transportation may provide--
``(1) the decorations and medals authorized by this chapter
and replacements for those decorations and medals; and
``(2) replacements for decorations and medals issued under
a prior law.''.
(B) The item relating to section 51907 in the chapter
analysis for chapter 519 is amended to read as follows:

``51907. Provision of decorations, medals, and replacements''.

[[Page H256]]

(6)(A) The following new chapter is inserted after chapter
539:

``CHAPTER 541--MISCELLANEOUS

``Sec
``54101. Assistance for small shipyards and maritime communities''.
(B) Section 3506 of the National Defense Authorization Act
for Fiscal Year 2006 (46 U.S.C. 53101 note) is transferred to
and redesignated as section 54101 of title 46, United States
Code, to appear at the end of chapter 541 of title 46, as
inserted by subparagraph (A).
(C) The heading of such section, as transferred by
subparagraph (B), is amended to read as follows:

``Sec. 54101. Assistance for small shipyards and maritime
communities''.

(D) Paragraph (1) of subsection (h) of such section, as
transferred by subparagraph (B), is amended by striking ``(15
U.S.C. 632);'' and inserting ``(15 U.S.C. 632));''.
(E) The table of chapters at the beginning of subtitle V is
amended by inserting after the item relating to chapter 539
the following new item:

``541. Miscellaneous.....................................54101''.....

(b) Repeal of Superseded Amendments.--Sections 515(g)(2),
3502, 3509, and 3510 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) are repealed.

SEC. 3524. AMENDMENTS BASED ON PUBLIC LAW 109-171.

(a) Amendments.--Section 60301 of title 46, United States
Code, is amended--
(1) by striking ``2 cents per ton (but not more than a
total of 10 cents per ton per year)'' in subsection (a) and
inserting ``4.5 cents per ton, not to exceed a total of 22.5
cents per ton per year, for fiscal years 2006 through 2010,
and 2 cents per ton, not to exceed a total of 10 cents per
ton per year, for each fiscal year thereafter,''; and
(2) by striking ``6 cents per ton (but not more than a
total of 30 cents per ton per year)'' in subsection (b) and
inserting ``13.5 cents per ton, not to exceed a total of 67.5
cents per ton per year, for fiscal years 2006 through 2010,
and 6 cents per ton, not to exceed a total of 30 cents per
ton per year, for each fiscal year thereafter,''.
(b) Repeal of Superseded Amendments.--Section 4001 of the
Deficit Reduction Act of 2005 (Public Law 109-171) is
repealed.

SEC. 3525. AMENDMENTS BASED ON PUBLIC LAW 109-241.

(a) Amendments.--Title 46, United States Code, is amended
as follows:
(1) Section 12111 is amended by adding at the end the
following:
``(d) Activities Involving Mobile Offshore Drilling
Units.--
``(1) In general.--Only a vessel for which a certificate of
documentation with a registry endorsement is issued may
engage in--
``(A) the setting, relocation, or recovery of the anchors
or other mooring equipment of a mobile offshore drilling unit
that is located over the outer Continental Shelf (as defined
in section 2(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(a))); or
``(B) the transportation of merchandise or personnel to or
from a point in the United States from or to a mobile
offshore drilling unit located over the outer Continental
Shelf that is not attached to the seabed.
``(2) Coastwise trade not authorized.--Nothing in paragraph
(1) authorizes the employment in the coastwise trade of a
vessel that does not meet the requirements of section 12112
of this title.''.
(2) Section 12139(a) is amended by striking ``and
charterers'' and inserting ``charterers, and mortgagees''.
(3) Section 51307 is amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking ``organizations.'' in paragraph (3) and
inserting ``organizations; and''; and
(C) by adding at the end the following:
``(4) on any other vessel considered by the Secretary to be
necessary or appropriate or in the national interest.''.
(4) Section 55105(b)(3) is amended by striking ``Secretary
of the department in which the Coast Guard is operating'' and
inserting ``Secretary of Homeland Security''.
(5) Section 70306(a) is amended by striking ``Not later
than February 28 of each year, the Secretary shall submit a
report'' and inserting ``The Secretary shall submit an annual
report''.
(6) Section 70502(d)(2) is amended to read as follows:
``(2) Response to claim of registry.--The response of a
foreign nation to a claim of registry under paragraph (1)(A)
or (C) may be made by radio, telephone, or similar oral or
electronic means, and is proved conclusively by certification
of the Secretary of State or the Secretary's designee.''.
(b) Repeal of Superseded Amendments.--Sections 303, 307,
308, 310, 901(q), and 902(o) of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241) are repealed.

SEC. 3526. AMENDMENTS BASED ON PUBLIC LAW 109-364.

(a) Updating of Cross References.--Section 1017(b)(2) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364, 10 U.S.C. 2631 note) is
amended by striking ``section 27 of the Merchant Marine Act,
1920 (46 U.S.C. 883), section 12106 of title 46, United
States Code, and section 2 of the Shipping Act, 1916 (46
U.S.C. App. 802)'' and inserting ``sections 12112, 50501, and
55102 of title 46, United States Code''.
(b) Section 51306(e).--
(1) In general.--Section 51306 of title 46, United States
Code, is amended by adding at the end the following:
``(e) Alternative Service.--
``(1) Service as commissioned officer.--An individual who,
for the 5-year period following graduation from the Academy,
serves as a commissioned officer on active duty in an armed
force of the United States or as a commissioned officer of
the National Oceanic and Atmospheric Administration or the
Public Health Service shall be excused from the requirements
of paragraphs (3) through (5) of subsection (a).
``(2) Modification or waiver.--The Secretary may modify or
waive any of the terms and conditions set forth in subsection
(a) through the imposition of alternative service
requirements.''.
(2) Application.--Section 51306(e) of title 46, United
States Code, as added by paragraph (1), applies only to an
individual who enrolls as a cadet at the United States
Merchant Marine Academy, and signs an agreement under section
51306(a) of title 46, after October 17, 2006.
(c) Section 51306(f).--
(1) In general.--Section 51306 of title 46, United States
Code, is further amended by adding at the end the following:
``(f) Service Obligation Performance Reporting
Requirement.--
``(1) In general.--Subject to any otherwise applicable
restrictions on disclosure in section 552a of title 5, the
Secretary of Defense, the Secretary of the department in
which the Coast Guard is operating, the Administrator of the
National Oceanic and Atmospheric Administration, and the
Surgeon General of the Public Health Service--
``(A) shall report the status of obligated service of an
individual graduate of the Academy upon request of the
Secretary; and
``(B) may, in their discretion, notify the Secretary of any
failure of the graduate to perform the graduate's duties,
either on active duty or in the Ready Reserve component of
their respective service, or as a commissioned officer of the
National Oceanic and Atmospheric Administration or the Public
Health Service, respectively.
``(2) Information to be provided.--A report or notice under
paragraph (1) shall identify any graduate determined to have
failed to comply with service obligation requirements and
provide all required information as to why such graduate
failed to comply.
``(3) Considered as in default.--Upon receipt of such a
report or notice, such graduate may be considered to be in
default of the graduate's service obligations by the
Secretary, and subject to all remedies the Secretary may have
with respect to such a default.''.
(2) Application.--Section 51306(f) of title 46, United
States Code, as added by paragraph (1), does not apply with
respect to an agreement entered into under section 51306(a)
of title 46, United States Code, before October 17, 2006.
(d) Section 51509(c).--Section 51509(c) of title 46, United
States Code, is amended--
(1) by striking ``Midshipman and'' in the subsection
heading and ``midshipman and'' in the text; and
(2) inserting ``or the Coast Guard Reserve'' after
``Reserve)''.
(e) Section 51908(a).--Section 51908(a) of title 46, United
States Code, is amended by striking ``under this chapter''
and inserting ``by this chapter or the Secretary of
Transportation''.
(f) Section 53105(e)(2).--Section 53105(e)(2) of title 46,
United States Code, is amended by striking ``section 2 of the
Shipping Act, 1916 (46 U.S.C. App. 802),'' and inserting
``section 50501 of this title''.
(g) Repeal of Superseded Amendments.--Sections 3505, 3506,
3508, and 3510(a) and (b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364)
are repealed.

SEC. 3527. MISCELLANEOUS AMENDMENTS.

(a) Deletion of Obsolete Reference to Canton Island.--
Section 55101(b) of title 46, United States Code, is
amended--
(1) by inserting ``or'' after the semicolon at the end of
paragraph (2);
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(b) Improvement of Heading.--Title 46, United States Code,
is amended as follows:
(1) The heading of section 55110 is amended by inserting
``valueless material or'' before ``dredged material''.
(2) The item for section 55110 in the analysis for chapter
551 is amended by inserting ``valueless material or'' before
``dredged material''.

SEC. 3528. APPLICATION OF SUNSET PROVISION TO CODIFIED
PROVISION.

For purposes of section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 (Public Law 108-27, 26
U.S.C. 1 note), the amendment made by section 301(a)(2)(E) of
that Act shall be deemed to have been made to section
53511(f)(2) of title 46, United States Code.

SEC. 3529. ADDITIONAL TECHNICAL CORRECTIONS.

(a) Amendments to Title 46.--Title 46, United States Code,
is amended as follows:
(1) The analysis for chapter 21 is amended by striking the
item relating to section 2108.
(2) Section 12113(g) is amended by inserting ``and'' after
``Conservation''.
(3) Section 12131 is amended by striking ``commmand'' and
inserting ``command''.
(b) Amendments to Public Law 109-304.--

[[Page H257]]

(1) Amendments.--Public Law 109-304 is amended as follows:
(A) Section 15(10) is amended by striking ``46 App.
U.S.C.'' and inserting ``46 U.S.C. App.''.
(B) Section 15(30) is amended by striking ``Shipping Act,
1936'' and inserting ``Shipping Act, 1916''.
(C) The schedule of Statutes at Large repealed in section
19, as it relates to the Act of June 29, 1936, is amended
by--
(i) striking the second section ``1111'' (relating to 46
U.S.C. App. 1279f) and inserting section ``1113''; and
(ii) striking the second section ``1112'' (relating to 46
U.S.C. App. 1279g) and inserting section ``1114''.
(2) Effective date.--The amendments made by paragraph (1)
shall be effective as if included in the enactment of Public
Law 109-304.
(c) Repeal of Duplicative or Unexecutable Amendments.--
(1) Repeal.--Sections 9(a), 15(21) and (33)(A) through
(D)(i), and 16(c)(2) of Public Law 109-304 are repealed.
(2) Intended effect.--The provisions repealed by paragraph
(1) shall be treated as if never enacted.
(d) Large Passenger Vessel Crew Requirements.--Section
8103(k)(3)(C)(iv) of title 46, United States Code, is amended
by inserting ``and section 252 of the Immigration and
Nationality Act (8 U.S.C. 1282)'' after ``of such section''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Missouri (Mr. Skelton) and the gentleman from New Jersey (Mr. Saxton)
each will control 20 minutes.
The Chair recognizes the gentleman from Missouri.

General Leave

Mr. SKELTON. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks on
the bill that is now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. SKELTON. Madam Speaker, I yield myself such time as I may
consume.
I rise today in strong support of the National Defense Authorization
Act for the Fiscal Year 2008, a bill which we will today consider for
the third time on the House floor and which has been revised to address
the objections expressed by the President. I strongly believe, Madam
Speaker, that this bill is one of the most important pieces of
legislation passed by this Congress and I must say one of the very
best, if not the best, defense authorization bills that I can recall
during my time in Congress. And I am so extremely proud, Madam Speaker,
of all the members of the Armed Services Committee as well as all those
who have worked hard in and out of our committee to make it happen.

{time} 1600

A special thanks to our wonderful staff, our crack staff, for the
hard work that they have done to get us where we are today, with a bill
that will be signed by the President, and the recipients of the
benefits of this bill will be those young men and young women in
uniform.
Last night, we disposed of the President's veto of an earlier version
of this bill. That veto was a surprise, frankly, to all of us. Today,
we move on. We send a final version to the President that his aides
have indicated he will sign. The changes to the conference report,
which we passed in the House by a vote of 370-49, and passed the Senate
by 90-3, are minimal. Only one section, section 1083, dealing with
claims against countries that are or have been state sponsors of
terrorism, caused a problem for the administration that led to this
veto.
This bill before us includes a compromise on that provision we worked
out on a bipartisan basis with the body on the other side of the
Capitol, as well as with the White House, and it allows the President
to waive the application of the section under consideration to the
government of Iraq, while also expressing the sense of the Congress
that the President should negotiate with the government of Iraq to
satisfy the legitimate claims that American citizens have against that
country and its former leader, Saddam Hussein.
The only other changes made to the bill were those required to make
retroactive the pay increases and many benefit improvements provided
for the military servicemembers as well as their families. Those
provisions will be made effective under this bill as of January 1 of
this year, as would have been the case had the President signed the
original bill that was before you.
This is a good bill. I think it's the best defense bill in decades
that this Congress has put forward. It's good for our troops, good for
their families, it will help improve the readiness of our Armed Forces,
and it will bring significant oversight to the Department of Defense in
much needed areas where oversight was so needed in the past.
Madam Speaker, I reserve the balance of my time.
Mr. SAXTON. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today to very sincerely thank my good friend
from Missouri for his leadership in bringing this revised edition of
the National Defense Authorization Act to the floor in an expedited
manner. It's unfortunate that we find ourselves in this position, but
through Mr. Skelton and Mr. Hunter's leadership, we were able to find a
mutually agreeable compromise in an expeditious manner.
On December 12, the House passed the National Defense Authorization
Act, as my good friend just pointed out, by a vote of 370-49. This
amended version is a good bipartisan bill, with very few changes from
the original legislation. In section 1083, we ensure terrorism victims
have the legal redress against state sponsors of terrorism, while
granting the President the waiver authority to protect our relationship
with the new government of Iraq. This provision was the crux of the
issue that brought this bill back to the House after we sent it to the
President, and it's something that is near and dear to many of our
hearts, and some of us worked very closely with Members of the other
body, in particular Senator Lautenberg, over several years to bring the
language that we had in the original bill to the attention of the House
and inclusion in the NDAA bill.
The new version simply gives the President the ability to waive the
totality of this pertinent section as to claims against Iraq for
terrorism acts that occurred before or on the date of enactment of the
fiscal year 2008 NDAA bill. As my good friend, Mr. Skelton, just
pointed out, this is perhaps a better way to write this because
certainly we can't or shouldn't hold the current government of Iraq
responsible for things done by its predecessor, Saddam Hussein. And so
this is a good compromise and a good effort. We also make some other
provisions. We make the 3.5 percent across-the-board pay raise and
targeted pay raises retroactive to ensure American servicemembers are
not penalized due to this delay.
Overall, the defense bill takes care of the brave men and women
serving our country at home and abroad. It authorizes $506.9 billion in
budget authority for the Department of Defense and the national
security programs of the Department of Energy. Additionally, it
supports current operations in Iraq, Afghanistan, and elsewhere in the
global war on terrorism by authorizing $189.4 billion in supplemental
funding for operational costs, personnel expenses, and procurement of
new equipment for fiscal year 2008.
Once again, I want to acknowledge the leadership of Chairman Ike
Skelton and Ranking Member Duncan Hunter for their hard work in
shepherding this vital legislation expeditiously through their chamber.
Through their work, this bill guarantees that our service men and women
will get what they need, and when they need it.
Madam Speaker, I reserve the balance of my time.
Mr. SKELTON. Madam Speaker, I yield 2 minutes to a longstanding and
hardworking member of our Armed Services Committee, the gentleman from
New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Thank you, Mr. Chairman, for yielding time.
I rise in strong support of this legislation. The slogan that we
should support our troops is given life and reality by this bill, by
paying them well, by equipping them well, and by supporting them in
every respect. This bill deserves the support of each and every Member
of this body.
I also echo the remarks of my friend from New Jersey with respect to
the

[[Page H258]]

hard work that has been done to be sure that Americans who have been
victimized by the state-sponsored terrorism have adequate means of
redress in our courts. This is the issue that gave rise to the
Presidential veto. I happen to agree that the compromise in front of us
makes imminent sense.
The general rule in American law is that when you sue someone, you
don't have the right to freeze their assets or go after their assets
unless you win a judgment. We make an exception to that general rule in
the case of assets owned by states which are involved in state-
sponsored terrorism. It is the wisdom of the compromise here that that
provision remains in effect for all of the other states that are
involved in state-sponsored terrorism, with the exception of Iraq,
which was under the regime of Saddam Hussein. It leaves to the
discretion of the President a waiver to determine whether claims
against that regime under Saddam Hussein should go forward, and how
they should go forward.
This is an issue that I think the Congress ought to reconsider and
revisit in 2008 and beyond. I, frankly, believe that an American who
has been the victim of improper or illegal conduct under the old regime
should not go without legal redress. That is a lingering question that
is as a result of this compromise, but it's a wise and necessary
compromise that would permit us to do what we should have done a long
time ago for the men and women who serve this country so well.
So I congratulate the chairman and Ranking Member Hunter as authors
of the compromise. I appreciate their hard work in bringing this bill
back to life. Happily, I will support it, and look forward to doing
even greater things in 2008.
Mr. SAXTON. Madam Speaker, I yield such time as he may consume to the
gentleman from New York (Mr. McHugh).
Mr. McHUGH. I thank the gentleman for yielding.
Madam Speaker, let me begin by admitting right up front, this is not
a perfect approach, but it is by far the best approach that we have
available to us. I want to echo the words of my friend who just spoke,
the gentleman from New Jersey, and add my words of appreciation and
deep compliments to the distinguished chairman of the full committee,
Chairman Skelton, the distinguished ranking member, Chairman Hunter,
the great staff on both sides, and all the members who have worked so
very hard to bring this moment to reality.
Frankly, we are dealing with an issue that is a product of the
challenge that did not begin in this House. It came through the general
authorization process, a provision that started in the Senate, that, as
we have heard here today, and I certainly endorse, we in concept all
agree with. All of us believe that American citizens who have been
aggrieved by any state sponsor of terrorism, including the previous
Iraqi Government, deserve every possible means of redress available to
them.
We believe that in the context of the challenge before us, this bill
continues and preserves that right, and does it in a way that, most
importantly, understands that the primary objective of this bill is
bringing to those brave men and women in uniform who are serving so
ably across this planet, particularly in theaters of conflict like Iraq
and Afghanistan, the immediate added benefits that are derived from
this piece of legislation.
The distinguished chairman could not be more correct in his
observation that this is not just a good bill, it is bordering on a
great bill. The pay increases, the increases in various benefits are
something that we cannot put in jeopardy by choosing another course
other than by voting for and feeling very positive about this piece of
legislation.
Like all the speakers before, I join with them in hoping that each
and every Member of this House will take advantage of this opportunity,
rise to the challenge that has been presented to us, and vote ``aye,''
in the affirmative, for this legislation, and preserve the rights and
lead a path toward justice that those aggrieved people of state
sponsors of terrorism so richly deserve, and at the same time provide
the wealth of benefits that are embodied in this great piece of
legislation.
Mr. SKELTON. Madam Speaker, I yield 4 minutes to my friend, the
gentleman from Ohio (Mr. Kucinich).
Mr. KUCINICH. I thank the gentleman.
This is a 1,513-page document which was completed today at 11:12
a.m., and delivered most recently to the Clerk's desk. I am sure many
Members are familiar with some of the aspects of it, but perhaps not
all.
My good friend, Mr. Skelton, whose work I am always grateful for,
your commitment to this country is very admirable. It takes a lot of
work to do what you do, and I stand here today to express reservations
to, and opposition to, this bill; and the reservations I have are of
course that this bill will continue to fund the war in Iraq.
I have offered Congress an alternative, which is that we can end the
occupation, close the bases, bring the troops home, set in motion a
parallel process of an international security and peacekeeping force
that would move in as our troops leave. We all want to protect our
troops. I think the best way to defend and protect them is to bring
them home. So that is one of the first concerns I have.
The second concern I have is section 229 of the bill relates to
protection of U.S. and allies from the Iranian ballistic missile. One
of the things in the bill that I am very concerned about, Mr. Chairman,
is that it says that Iran maintains a nuclear program. Now the National
Intelligence Agency, which made information available to this Congress,
would assert otherwise. I think that we have to be very cautious about
building out an entire part of our defense, planning for an attack from
Iran, when we haven't even made an effort to break down the walls that
have been built up over 29 years and use diplomacy. Yet, we are
actually defining and making a connection between a nuclear capability
that Iran clearly doesn't have at this moment and ballistic missiles.
And by creating that linkage, we are actually creating an architecture
of fear. I don't think that is a sensible way for the greatest Nation
of the world to be pursuing its policy. In connection with that, it
creates increased tensions for Europe.
I am concerned that we keep building these missile interceptors in
Alaska that in a sense helps to frame an interceptor system that has
not even been proved to be technologically feasible; that we are
getting into nanotechnology without any serious discussion of what it
means when you start using nanotechnology and marry it to weapons
production.

{time} 1615

The discussion in this bill about a Space Posture Review speaks of
the United States policies in space as space control, space
superiority, targeting objects on Earth from outer space. Now, that
doesn't sound like the America that many of us would want to
participate in when we think that we are going into kind of a Buck
Rogers scenario here.
Another section deals with continuing and encouraging the School of
the Americas, something a number of Members have opposed.
Mr. Chairman, I have gone over a good part of this bill, as much as I
could with this short a period of time, and I think when we, on the one
hand, accept the judgment of Members of Congress that we don't want a
permanent presence in Iraq, and on the other hand give $80 million for
one base, $86 million for another, $88 million for a third, and $103
million for a fourth, that sounds like a permanent presence to me.
Either that or it is the most expensive trailers in the history of
humanity.
So there are so many factors in here that really I think need to
cause us to be cautious. Also the one about Pakistan, because I think
we are setting the stage for sending U.S. troops to Pakistan, something
the American people do not want to do.
I want to thank my friend, nevertheless, for his commitment to our
troops. We agree that we should protect our troops.
Mr. SAXTON. Madam Speaker, I yield myself such time as I may consume.
I would just like to say to my friend from Cleveland, who speaks very
articulately on this bill, as I am sure he did on the original bill,
the gentleman made some points that he believes I am sure very much
that there

[[Page H259]]

are some things in the bill that he disagrees with, and the gentleman
and 48 other people voted against the original bill, and I am sure for
many of the same reasons.
In fact, it would be surprising if they weren't the same reasons,
because the 1,513 pages that the gentleman has under his arm that he
referred to are almost identical to the original bill which is here,
which has been available since December 6 of last year. And the 1,513
pages that my friend referred to had one single change from the copy
that I have in my hand that has been available since December 6. And
that change, both the ranking member and I took care to explain, I
think we explained it well, had to do with terrorism, had to do with
Iraq, had to do with not holding the current government in Iraq
responsible for acts committed by the previous regime. And we also of
course added the second provision that had to do with back pay.
So, this is a good bill that passed by 370-49 previously.
Mr. KUCINICH. Madam Speaker, will my friend yield?
Mr. SAXTON. I yield to the gentleman from Ohio.
Mr. KUCINICH. Madam Speaker, one of the things that I just want to
call to your attention, to my friend, I am concerned about that section
229 about Iran, especially in light of the new development that may
have happened since this was drafted and the draft that you cite about
the National Intelligence Estimate. I am not sure that that discussion
about the National Intelligence Estimate has really been given weight
with respect to the language in section 229 which essentially says that
Iran maintains a nuclear program. When you say that Iran maintains a
nuclear program and it is in that legislation, I think we set the stage
for some problems.
I want to thank the gentleman for being so kind to yield to me.
Mr. SAXTON. Madam Speaker, I reserve the balance of my time.
Mr. SKELTON. Madam Speaker, I yield 2 minutes to my colleague from
the Armed Services Committee, the gentleman from Pennsylvania (Mr.
Sestak).
Mr. SESTAK. Madam Speaker, I rise with great respect for Mr. Skelton,
but I did want to express my real hesitation and my real concern over
what is occurring.
When I have gone and sat through this with lawyers, a lien is not a
hold, and we are actually not freezing these assets. My concern is
this, that here men and women who have worn the cloth of this Nation
and have actually been tortured, successfully won a judgment, are now
precluded by a President because the Iraqi Government, to whom we are
providing $12 billion a month in terms of our natural resources, has
threatened to pull out of the United States' trillion dollars of
markets $25 billion. I don't think this is right.
There are a lot of good things in this bill that need to pass, the
pay raise to the readiness. But I honestly believe the President has
not taken care of those who sacrificed the most for this Nation, and I
would like us to look upon ourselves as to what we are doing here
today.
Mr. SKELTON. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, if I may, let me add to the comments today the
importance of this legislation. Under our Constitution, it is up to the
Congress of the United States to raise and maintain the military and
provide the rules and regulations therefore. We do that by means of a
defense authorization bill that comes from the Armed Services
Committee.
We worked long and hard, and we were able to pass such a bill from
our committee back in May and the Senate passed one back in September.
And we, of course, had conference with the Senate, and we were finally
able to reach an agreement on a conference report that is a piece of
legislation that embodies both the House and the Senate provisions.
The people at the White House had the opportunity to look at it and
give comments on various sections of the proposed legislation, which
they did. We looked at them and worked with them and passed a good
piece of legislation. Like I said before, 370 Members of this House and
90 Members of the other body voted for it. However, the President chose
to veto over this provision--that to me was a surprise--that it rose to
the level of a veto. Nevertheless, it is what happened, and that is why
we are here.
There seems to be a rather interesting intellectual discussion as to
the type of veto. If I remember correctly, the veto message that was
read to us yesterday here in this Chamber, the President's remarks made
reference to the fact that it was a pocket veto for the reason that we
were not in session and also that it was a regular veto. To me it
sounded as if there were two vetoes wrapped up in one message.
Nevertheless, regarding the issue as to whether it was a pocket veto
or not, the 1974 case Kennedy v. Sampson, which was a D.C. Circuit
Court case, said that the ability to receive a veto message, which we
had, under our adjournment resolution, Madam Speaker, we had language
that allowed the Clerk of the House to receive any messages which, of
course, on December 28 was the veto message from the President. The
Speaker designated the Clerk to receive it. As we saw, it was a regular
veto as opposed to a pocket veto. I hope that puts that issue to rest
for the days ahead.
Let me briefly also mention, Madam Speaker, that besides the pay
raise and the family benefits and the fact that we prevent the increase
in fees for pharmaceuticals and TRICARE for the troops and their
families, we provide for taking care of the problems that were raised
in the Walter Reed situation a good number of months ago where our
injured and wounded soldiers were not receiving the best care. We knew
that and discussed it. As a matter of fact, on this floor, in the
Wounded Warriors Act, we included that in toto in this legislation;
also, outstanding sections on contract reform regarding the possibility
of fraud, the reform of acquisition, we touched on many areas such as
that.
I was so pleased with the outcome of this, including, of course, most
importantly readiness, which we need to keep up, allowing additional
troops for the Army and the Marine Corps.
I have been on the Armed Services Committee most of my career in
Congress, and I just can't think of any more comprehensive and far-
reaching authorization bill that we have ever had. I have to really
give credit to our committee for the hard work they did. I just can't
say enough about our crack staff on the committee. They are just first
rate, and we appreciate them, rely on their hard work so very, very
much, and I want to again pay tribute to them.
With that, Madam Speaker, I will reserve the balance of my time. If
my friend has some further comments to make, we would appreciate them.
Mr. HALL of New York. Madam Speaker, regarding H.R. 4986, the
National Defense Authorization Act of 2008, I am disappointed that
changes have been made from the bill passed in December which will
weaken the ability of Americans tortured by Saddam Hussein to collect
an award determined in federal court for the abuses of his regime. I am
hopeful that this unfortunate circumstance will be remedied and that
Congress and the President will find a way to ensure that these brave
troops are able to pursue justice.
Mr. SAXTON. Madam Speaker, we have no further speakers on our side,
and I yield back the balance of my time.
Mr. SKELTON. If the gentleman from New Jersey yields back, I yield
back.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Missouri (Mr. Skelton) that the House suspend the rules
and pass the bill, H.R. 4986.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. KUCINICH. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 369,
nays 46, not voting 15, as follows:

[Roll No. 11]

YEAS--369

Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Bachmann
Bachus
Baird
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)

[[Page H260]]

Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Cardoza
Carnahan
Carney
Carter
Castle
Castor
Chabot
Chandler
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeGette
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Donnelly
Doolittle
Doyle
Drake
Dreier
Edwards
Ehlers
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Feeney
Ferguson
Flake
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Hooley
Hoyer
Hulshof
Inglis (SC)
Inslee
Israel
Issa
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Mitchell
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Obey
Ortiz
Pascrell
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Watt
Waxman
Weiner
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)

NAYS--46

Baldwin
Capuano
Clarke
Clay
Conyers
Davis (IL)
DeFazio
Delahunt
Doggett
Duncan
Ellison
Fattah
Filner
Frank (MA)
Goode
Grijalva
Holt
Jackson (IL)
Kucinich
Lee
Lewis (GA)
Markey
McDermott
McGovern
Miller, George
Moore (WI)
Oberstar
Olver
Pallone
Pastor
Payne
Petri
Schakowsky
Sensenbrenner
Serrano
Stark
Tierney
Towns
Velazquez
Waters
Watson
Welch (VT)
Woolsey
Wu
Wynn
Yarmuth

NOT VOTING--15

Baca
Berkley
Culberson
Forbes
Fossella
Honda
Hunter
Jackson-Lee (TX)
Jefferson
Kingston
Lantos
Miller, Gary
Paul
Shimkus
Tanner

{time} 1651

Ms. VELAZQUEZ, Messrs. GEORGE MILLER of California, SERRANO, HOLT,
OLVER, Ms. WOOLSEY and Ms. WATSON changed their vote from ``yea'' to
``nay.''
Messrs. CANTOR, NEUGEBAUER and WALBERG changed their vote from
``nay'' to ``yea.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. MICHAUD. Madam Speaker, I mistakenly voted ``yea'' on rollcall
vote 11. While I support many provisions in H.R. 4986, I do not support
this legislation because of the authorization for war funding in Iraq.
I intended to vote ``nay'' on rollcall 11.

____________________