[Congressional Record (Bound Edition), Volume 153 (2007), Part 9]
[House]
[Pages 12716-12856]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          PERSONAL EXPLANATION

  Mr. GENE GREEN of Texas. Madam Chairman, on rollcall No. 356, had I 
been present, I would have voted ``present.''


                             Recorded Vote

  The Acting CHAIRMAN. Pending is the demand of the gentleman from 
Georgia for a recorded vote.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 184, 
noes 222, not voting 31, as follows:

                             [Roll No. 357]

                               AYES--184

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes

[[Page 12717]]


     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McHenry
     McHugh
     McKeon
     Mica
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Musgrave
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Wicker
     Wilson (NM)
     Wilson (SC)
     Young (AK)
     Young (FL)

                               NOES--222

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Mitchell
     Moore (KS)
     Moore (WI)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                             NOT VOTING--31

     Barrow
     Bordallo
     Camp (MI)
     Cardoza
     Christensen
     Cubin
     Davis, Jo Ann
     Delahunt
     DeLauro
     Engel
     English (PA)
     Faleomavaega
     Hastert
     Hoyer
     McCrery
     McMorris Rodgers
     Melancon
     Miller (FL)
     Miller, George
     Moran (VA)
     Myrick
     Nadler
     Norton
     Peterson (PA)
     Platts
     Poe
     Reynolds
     Stark
     Stupak
     Whitfield
     Wolf


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised 2 minutes 
remain in this vote.

                              {time}  1442

  So the motion was rejected.
  The result of the vote was announced as above recorded.
  Mr. SKELTON. Madam Chairman, I yield to the gentleman from Hawaii 
(Mr. Abercrombie) for the purpose of making a unanimous consent 
request.
  Mr. ABERCROMBIE. Madam Chairman, as disappointing as it may be for 
all the Members that I will not now deliver an oration, I will submit a 
formal statement on the work of the Air and Land Forces Subcommittee. I 
thank my good friend, colleague and mentor, Mr. Saxton, and all the 
Members, Republican and Democratic alike, on the Air and Land Forces 
Subcommittee.
  Mr. SKELTON. Madam Chairman, I yield 4 minutes to my colleague and 
friend, the gentleman from Mississippi (Mr. Taylor), who is the 
chairman of the Subcommittee on Seapower and Expeditionary Forces.
  Mr. TAYLOR. Madam Chairman, I want to thank all of the Members of the 
Seapower and Expeditionary Forces Subcommittee for their cooperation on 
this. I want to thank in particular Ranking Member Saxton and Chairman 
Abercrombie for the funds that were transferred from their portions of 
the bill to address the immediate warfighter needs in Iraq.
  Madam Chairman, a disproportionately high number of Americans are 
dying in Iraq in explosions that involve Humvees. We as a Nation have 
spent a lot of money to protect the troops that ride in them. 
Unfortunately, the enemy has discovered that Humvees are vulnerable 
from the bottom. This bill includes $4.1 billion, ten times more than 
the President's request, to field a new generation of vehicles, a mine 
resistant ambush-protected vehicle, to protect the troops in Iraq. This 
could only be done with the cooperation of the Air and Land Forces 
Subcommittee and the Seapower and Expeditionary Forces Subcommittee.
  Keep in mind that the President's budget request was actually written 
about a year ago. It is responding to the needs as we see them in the 
field, and I think a very good move. We also want to thank the great 
staff of the Seapower and Expeditionary Forces Subcommittee for the 
work that they have done.
  The President asked for seven ships in this year's budget: A Gerald 
Ford class aircraft carrier; a Virginia-class submarine; an LPD 17; two 
LCSs; a T-AKE cargo ship; and a Joint High Speed Vessel. Because of the 
good work of the subcommittee and the cooperation of the other 
subcommittees of the Committee on Armed Services, this committee has 
added an additional LPD 17, an additional T-AKE cargo ship, and the 
forward funding for an additional submarine.
  The Bush administration's Defense budgets have grown by well over 
$100 billion during their tenure. Unfortunately, the Navy fleet has 
shrunk by 50 ships during the same time. This marks the first attempt 
on the part of the committee in a long time to reverse that trend and 
get our Nation back on course for a 313-ship Navy, and I want to thank 
all those who helped make that possible.

                              {time}  1445

  Additionally, the bill funds a competitive engine program for the 
Joint Strike Fighter. It fully funds the administration's request for 
ship and aviation construction and procurement. It fully funds the 
administration's request for the operation of the Maritime 
Administration.
  The bill would allow the Secretary of the Navy to come up with a 
program for capital expenditure in shipbuilding to help modernize our 
shipyard infrastructure and reduce the cost of our Navy ships to the 
taxpayers.
  It will allow for the multi-year procurement for Virginia-class 
submarines, and it will direct the Secretary of the Navy to design and 
construct the next generation of surface warships with integrated 
nuclear power systems.
  Madam Chairman, it makes no sense at all to have aircraft carriers 
that carry 30 years' worth of fuel on board when the vessels that are 
necessary to protect them have to refuel every 5 days. We are 
addressing this vulnerability to our fleet and, more importantly, we 
are taking a huge step on behalf of the Department of Defense to make 
our Nation less dependent on foreign sources of fuel.
  I would like to acknowledge that none of these initiatives could have 
taken place without the great cooperation and leadership on the part of 
the

[[Page 12718]]

former chairman, Mr. Bartlett. Addressing the nuclear power issue is a 
direct result of his making the committee aware of our vulnerabilities 
to fuel, and the need for shipyard modernization again is a direct 
result of his efforts while he was chairman. It is also with the great 
cooperation of the minority and the members of our staff that we 
present this portion of the bill to the Congress and ask for its 
approval.


          Notice to Alter Order of Consideration of Amendments

  Mr. SKELTON. Madam Chairman, pursuant to sections 3 and 4 of House 
Resolution 403, and as the chairman of the Armed Services Committee, I 
request that during further consideration of H.R. 1585 in the Committee 
of the Whole and following general debate, the following amendments be 
considered in this order: Amendment No. 33, amendment No. 29, amendment 
No. 49, the en bloc package, and amendment No. 8, amendment No. 14, 
amendment No. 21, and amendment No. 38.
  I reserve the balance of my time.
  Mr. SAXTON. Madam Chairman, I yield 3 minutes to the ranking member 
of the Military Personnel Subcommittee, the gentleman from New York 
(Mr. McHugh).
  Mr. McHUGH. Madam Chair, I thank the gentleman for yielding.
  Madam Chair, I rise simply to say, as we have heard from previous 
speakers, and perhaps to state the obvious, this piece of legislation, 
H.R. 1585, is a strong bill.
  More importantly, in my judgment it is a bill that was put together 
in a collaborative and bipartisan manner. I want to pay my respects, my 
words of appreciation to the full committee Chair, the gentleman from 
Missouri (Mr. Skelton), who came through this, his first trial by fire, 
I think, with great efficiency; as well as, of course, the gentleman 
from California (Mr. Hunter), the former chairman, now ranking member. 
But most importantly, I want to thank the new chairman of the Personnel 
Subcommittee, a gentleman who I had the honor and opportunity to serve 
with as the ranking member when I had the opportunity to serve as 
Chair, Dr. Vic Snyder, who worked together again in a bipartisan 
manner, and in that way has produced a product which I think overall we 
can all support with not just a great deal of enthusiasm but a great 
deal of pride.
  All of us feel very strongly on the Personnel Subcommittee that when 
the Members come to the floor, it is good that they talk about the 
broad range of effects and benefits in this bill. But it makes us feel 
proud, Madam Chair, when we note that those things that the Members 
take most pride in and cite most often are a product of the work of the 
Personnel Subcommittee. The reason for that is very, very simple.
  The success of the United States military is today, as it has always 
been, not in high weapons systems, as important as they are, not in 
sophisticated platforms, not in all of those things that give our 
fighting men and women an edge, but the true edge is in the fighting 
men and women themselves. And this bill contains many benefits, many 
added advantages that they so richly deserve.
  It provides an increase in end strength, something we have taken up 
and we need to continue, is embodied in this bill. A basic pay raise 
that will continue the 8-year effort we have had to increase the pay of 
our men and women in uniform, drawing down that pay gap between the 
civilian and military forces, drawing it down currently under the ramp 
to 2012 when it will be as little as 1.5 percent, resisting so-called 
efficiency wedges and savings in the TRICARE and other military health 
care programs, saving money for those hardworking men and women 
protecting our interests wherever they may be, here at home, and their 
families.
  The Wounded Warrior Assistance Program that I had the honor of 
working with, along with Dr. Snyder, and along with the chairman and 
the ranking member to address those challenges that we saw so very 
dishearteningly at places like Walter Reed and others.
  All of this combined is a good bill that works on a bipartisan basis. 
I urge all of my colleagues to support the bill.
  Mr. SKELTON. Madam Chairman, I yield 2 minutes to my friend and 
colleague, the gentleman from Washington (Mr. Smith), who is the 
chairman of the Subcommittee on Terrorism and Unconventional Threats 
and Capabilities.
  Mr. SMITH of Washington. Thank you, Madam Chair.
  First of all, I want to thank the chairman of the Armed Services 
Committee, Ike Skelton, for the fantastic job he has done on this mark. 
He has done it in a bipartisan fashion. And also, of greatest 
importance, this mark funds the war that we are fighting.
  We have troops in the field in harm's way. We fund the priorities 
that they need right now. And given all of the demands on the Armed 
Services Committee, that is no easy feat. The chairman and all members 
of the committee have made that a priority, and I want to thank him for 
that.
  I also believe that we have well-funded the broader war on terrorism 
that my subcommittee has a significant part of, Subcommittee on 
Terrorism.
  The fight against al Qaeda and the ideology they espouse and those 
who would support al Qaeda or that ideology is not just in one place. 
It is in many places in the world. It is in Africa, Southeast Asia, 
certainly in the Middle East and elsewhere. To combat that ideology, we 
need a force that is trained in unconventional warfare, that is trained 
in asymmetric warfare, and we need the Special Operations Forces who 
are trained to go into parts of the world, to understand the culture 
and work with the local communities and stop al Qaeda-like insurgencies 
before they start. That training is critical.
  It is much easier to fight that type of battle than to get dragged 
into a larger war. We have had incredible success in places like the 
Philippines and Chad and Kenya and elsewhere because our Special 
Operations Forces understand irregular warfare, get in there and work 
with the local communities to stop insurgencies before they start. I 
believe this mark reflects that priority. It is certainly one of the 
highest priorities for our subcommittee.
  I want to thank the ranking member, the gentleman from Texas (Mr. 
Thornberry), for his leadership on this issue as well. We have put 
language, money and report language in the bill that will prioritize 
irregular warfare, unconventional fights, so that we can defeat al 
Qaeda globally and understand all of the different challenges that go 
into that.
  Again, I thank the gentleman from Missouri (Mr. Skelton) for his 
outstanding leadership of this committee. It is a privilege and honor 
to serve with him, and to thank him for this mark and this bill that I 
think adequately prepares our military to fight the battles we face.
  Mr. SAXTON. Madam Chair, I would like to yield such time as he may 
consume to the ranking member of the Seapower Subcommittee, Mr. 
Bartlett.
  Mr. BARTLETT of Maryland. Madam Chair, I rise in strong support of 
H.R. 1585.
  First, I would like to take this opportunity to recognize the 
outstanding service rendered to the Nation by our men and women in 
uniform, who, like their forebears, are meeting today's security 
challenges with true dedication and professionalism.
  I would also like to thank the gentleman from Mississippi (Mr. 
Taylor), chairman of the Seapower and Expeditionary Forces Subcommittee 
on which I serve as ranking member, for his leadership, for his 
friendship which I really appreciate, and unwavering commitment to our 
servicemembers. I also want to thank our very capable staff.
  Madam Chair, I think our colleagues will find that this bill reflects 
a fair and balanced treatment of the issues facing the United States 
Navy and Marine Corps. In collaboration with the Air and Land Forces 
Subcommittee and Chairman Skelton and Ranking Member Hunter, we 
provided full funding for the Mine Resistant Ambush Protected Vehicle, 
or MRAP, which is protecting our troops against IEDs.
  By strengthening the shipbuilding program and authorizing eight new

[[Page 12719]]

ships, we addressed the Navy's number one and number two unfunded 
priorities. We must reverse the steady decline in the number of battle 
force ships we have seen for nearly two decades.
  Nevertheless, in order to provide the number of ships our warfighters 
say they need, we must inject fiscal discipline into our shipbuilding 
program. To that end, H.R. 1585 includes a provision that would limit 
the practice of design and build concurrency, a practice which has 
delayed and increased costs for a number of shipbuilding programs.
  Continuing efforts from prior years' Defense authorization bills, we 
have included a provision to push for modernization in shipyards 
through process, infrastructure improvements, and workforce training.
  An April 2007 study commissioned by the Department of Defense found 
that the risks associated with the cost and supply of oil will make the 
U.S. military's ability to rapidly deploy on demand ``unsustainable in 
the long term.''
  H.R. 1585 also forges new ground by requiring that future major 
combatant vessels have integrated nuclear propulsion.
  I conclude by applauding the remaining provisions in the bill 
supporting the Navy and Marine Corps and authorizing appropriations and 
authorities for the Maritime Administration. I urge full support of 
H.R. 1585.
  Mr. SKELTON. Madam Chair, I yield 3 minutes to the gentlewoman from 
California (Mrs. Tauscher) who is the chairwoman of the Subcommittee on 
Strategic Forces.
  Mrs. TAUSCHER. Madam Chairman, first I would like to congratulate the 
gentleman from Missouri, the distinguished chairman of the committee, 
on his first mark of the national security defense bill. He is a 
fabulous member and a great leader. I appreciate all of the hard work 
that has been put into this bill.
  I also want to thank my ranking member, the gentleman from Alabama 
(Mr. Everett), for his hard work and his willingness to work in a 
bipartisan way to achieve what I consider to be a very significant mark 
for the Strategic Forces Subcommittee; also, the members of the 
subcommittee and our fabulous staff.
  Madam Chairman, this bill is a bill that I have worked on with my 
colleagues to incorporate four priorities into the bill before the 
House.
  First, this bill aims to create a public discussion about nuclear 
weapons by establishing a congressionally appointed bipartisan 
commission designed to reevaluate U.S. strategic posture. This 
commission would provide valuable recommendations to Congress regarding 
the proper mix of conventional and nuclear weapons needed to meet new 
and emerging threats.
  Second, the bill slows the Department of Energy nuclear weapons 
initiatives. We limit reliable replacement warhead funds to design and 
cost study activities and eliminate funding for the proposed 
Consolidated Plutonium Center. Instead, we increase funding to 
strengthen the Stockpile Stewardship Program, as well as the weapons 
complex.
  Third, the bill funds ballistic missile defense systems that will 
protect the American people, our deployed troops, and allies against 
real threats while shifting resources away from longer term, high-risk 
efforts.
  It fully funds the Army missile defense budget request for the 
Patriot PAC-3 missile, including funding for the Patriot ``Pure Fleet'' 
initiative.
  It fully funds the Ground Based Missile Defense System to protect the 
United States against a potential threat from North Korea or Iran.
  It includes funding for Aegis BMD and fully funds THAAD development 
and deployment.
  Finally, we are boosting funding for space capabilities that deliver 
near-term benefits to the warfighter and improve space situational 
awareness and survivability.
  Madam Chair, this bill strikes a balance between near-term needs and 
long-term investment, and it creates the means to help bring our 
nuclear weapons policies into the 21st century. I urge my colleagues to 
support this bill.
  Mr. SAXTON. Madam Chairman, I yield 4 minutes to the ranking member 
of the Terrorism Subcommittee, the gentleman from Texas (Mr. 
Thornberry).

                              {time}  1500

  Mr. THORNBERRY. Madam Chairman, I thank the gentleman for yielding.
  Madam Chair, I want to express my strong support for that section of 
the bill which was produced by the Terrorism and Unconventional Threats 
and Capabilities Subcommittee. I especially appreciate the efforts and 
cooperative spirit of the chairman, Adam Smith, and the work of the 
subcommittee members and the staff.
  As he mentioned a few moments ago, that section of the bill supports 
the 5-year growth plan for the Special Operations Forces, which was 
recommended by the 2005 QDR. It also improves the Department's ability 
to harness technological innovation and funds the Defense Advanced 
Research Projects Agency, DARPA, as well as other basic research in the 
Department.
  Madam Chair, as we discuss the various sections of this very large 
bill, I also think it is important that we step back and remember the 
broader context in which we operate. One is that we face a ruthless, 
determined, adaptable adversary who at this moment is concentrating 
their efforts in Afghanistan and Iraq, but poses a threat to us and our 
allies all over the world. We live in a world where technology that can 
destroy massive numbers of human lives is spreading around the world, 
and some of the places where that technology exists are not as 
politically stable as we would like.
  We face threats to our country using some of the very technology we 
rely upon, whether it's satellites or whether it's the Internet; and in 
the face of all that, we have national security structures that were 
developed during the Cold War. And as with all large organizations, the 
Department of Defense and other government agencies have a difficult 
time adapting.
  It may be that the most important part of this bill is the funding of 
a study to recommend changes in the National Security Act of 1947, 
which will help us be better organized and better adaptable for the 
security challenges in the future.
  Madam Chair, I'd like to make one other point that concerns me about 
the broader national security context in which we operate. There is 
much that is in this bill that is very good. We will debate some 
important amendments and a lot of amendments that are not that deal 
with smaller issues, and then I expect that this bill will pass by a 
very large vote.
  And then next week or the week thereafter, we are going to have 
another vote that will undercut much of the good that is in this bill 
by giving hope to our enemies and discouragement to our friends. This 
Congress will pat itself on the back for passing a pay raise for the 
troops, but then it will tie the hands of the commanders who are sent 
to implement the Nation's strategy.
  This Congress will make the job of the military in fighting 
terrorists in key places harder by the political debate and by the 
actions we take; and so I would encourage Members to read and study 
``Unconventional Warfare,'' and I think they will find, as one writer 
put it, that it uses all available networks, political, economic, 
social and military, to convince the enemy's political decision-makers 
that their goals are unachievable or too costly.
  And so, Madam Chair, it would seem to me to be a sad day if this 
Congress takes action that undoes the good that our military does every 
day on the ground, the achievements that they win in the field; and yet 
I fear, by some of the votes that we've taken, that may be dangerously 
the direction we may be headed.
  Mr. SAXTON. Madam Chairwoman, I yield the remainder of this minute to 
the gentleman from Georgia (Mr. Westmoreland) for purposes of a motion.

[[Page 12720]]




                   motion to rise by mr. westmoreland

  Mr. WESTMORELAND. Madam Chairman, I move that the Committee do now 
rise.
  The Acting CHAIRMAN (Ms. Eshoo). The question is on the motion 
offered by the gentleman from Georgia (Mr. Westmoreland).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. WESTMORELAND. Madam Chairman, I demand a recorded vote, and 
pending that, I make the point of order that a quorum is not present.
  The Acting CHAIRMAN. The Chair will count for a quorum. Does the 
gentleman withdraw his point of order?
  Mr. WESTMORELAND. No, Madam Chairman, I do not.
  The Acting CHAIRMAN. Evidently a quorum is not present.
  Pursuant to clause 6 of rule XVIII, the Chair will reduce to 5 
minutes the minimum time for an electronic vote, if ordered, on the 
pending question following this quorum call. Members will record their 
presence by electronic device.
  The following Members responded to their names:

                             [Roll No. 358]

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     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)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                              {time}  1528

  The Acting CHAIRMAN. On this quorum call, 407 have responded, a 
quorum.


                             Recorded Vote

  The Acting CHAIRMAN. Pending is the demand of the gentleman from 
Georgia for a recorded vote.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 186, 
noes 213, answered ``present'' 1, not voting 37, as follows:

                             [Roll No. 359]

                               AYES--186

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Capito
     Carter
     Chabot
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Hobson
     Hoekstra
     Hulshof
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McHenry
     McHugh
     McKeon
     Mica
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--213

     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chandler
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio

[[Page 12721]]


     DeGette
     DeLauro
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Eshoo
     Etheridge
     Fattah
     Filner
     Frank (MA)
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kind
     Klein (FL)
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Melancon
     Michaud
     Miller (NC)
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Snyder
     Solis
     Space
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Wu
     Wynn

                        ANSWERED ``PRESENT''--1

       
     Spratt
       

                             NOT VOTING--37

     Abercrombie
     Bordallo
     Brown-Waite, Ginny
     Cantor
     Capps
     Coble
     Cubin
     Davis, Jo Ann
     Delahunt
     Dicks
     Engel
     Faleomavaega
     Farr
     Herger
     Jefferson
     Kilpatrick
     Lampson
     Larson (CT)
     Lofgren, Zoe
     McCrery
     McMorris Rodgers
     Meeks (NY)
     Miller (FL)
     Miller, George
     Nadler
     Norton
     Olver
     Perlmutter
     Peterson (PA)
     Schakowsky
     Smith (WA)
     Sullivan
     Thompson (MS)
     Van Hollen
     Weldon (FL)
     Woolsey
     Yarmuth


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised that there 
are 2 minutes remaining in this vote.

                              {time}  1538

  So the motion to rise was rejected.
  The result of the vote was announced as above recorded.
  Mr. SKELTON. Madam Chairman, may I inquire as to the time remaining 
on each side on general debate, please.
  The Acting CHAIRMAN. The gentleman from Missouri has 24\1/2\ minutes 
remaining. The gentleman from New Jersey has 21 minutes remaining.
  Mr. SKELTON. I yield myself such time as I may consume.
  This is deadly serious business, Madam Chairwoman. I have witnessed 
here the number of procedural motions, which I have refrained from 
commenting upon, but this is deadly serious business.
  This is a bill to authorize funds for the United States military. 
That is our constitutional job to do. And procedural motions are fine, 
but let's get on with taking care of the troops and giving them their 
pay raise and the medical care and the equipment that they need.
  As we say back in Missouri, ``'nough said.''
  I yield 4 minutes to the gentleman from Texas (Mr. Reyes).
  Mr. REYES. Madam Chair, I thank the gentleman for yielding, and 
couldn't agree more with his comments on how serious this authorization 
is and our duty to do what we have been sent here to do, especially 
today for our military.
  So with that, Madam Chair, I rise to express strong support for H.R. 
1585. And I want to thank the gentleman from Missouri (Mr. Skelton), 
our chairman, and the ranking member, Mr. Hunter, for the great job 
that they have done on crafting together a piece of legislation that is 
so vital and important.
  Having said that, Madam Chair, in July of 2008, the Army will conduct 
a limited user test with soldiers from the Army Evaluation Task Force 
based at Fort Bliss using the first spinout of the FCS technologies. I 
know that the gentleman from Missouri understands how critical the 
first spinout of FCS technologies is for our Nation's warfighters, our 
warfighters that are currently at war in Iraq and Afghanistan.
  So I would now like to yield to the chairman of the Armed Services 
Committee in the hope of entering into a colloquy so that he can 
discuss how the bill addresses this very important and vital issue.
  I yield to the chairman.
  Mr. SKELTON. Madam Chairwoman, I thank the gentleman for yielding. 
And first I want the gentleman from Texas to know how much the 
committee appreciates his strong support for our Nation's Armed Forces, 
particularly for the United States Army. He is just superb. The Army is 
bearing the brunt of the burden of military operations in Iraq, as well 
as Afghanistan, and our committee has worked to ensure that soldiers on 
the ground have the equipment they need to accomplish their mission and 
come home safely.
  Beyond taking care of the needs of the warfighters in the field 
today, we must address the Army's long-term modernization and readiness 
requirements. That is why the bill before us here today fully funds the 
most critical elements of the Future Combat Systems program, which will 
keep the program on track to conduct the limited user test next summer.
  While the bill cuts some funding for some redundant programs and 
overhead costs, along with parts of the program which are not scheduled 
to be fielded until 2015, the $2.8 billion in the bill includes full 
funding for all Spinout 1 activities, allowing them to continue as 
planned.
  I want to assure the gentleman from Texas that we will continue our 
efforts to balance the Army's immediate near-term as well as long-term 
needs as we work through the conference process. As Congressman 
Abercrombie said last week during consideration of the bill in the 
committee, finding that balance is a work in progress.
  To the gentleman from Texas, you have my assurance that we will 
provide funding for the FCS program so that the Army can move forward 
with modernizing its equipment and its networks.
  As we focus our efforts, as we focus our dollars on today's soldiers, 
we can't shortchange our future forces.
  Mr. REYES. Reclaiming my time. I thank the gentleman for his efforts 
in support of our military forces. Our soldiers, sailors, airmen, and 
marines have no better friend in Congress than Ike Skelton; and on 
behalf of the Fifth Brigade of the First Armored Division at Fort 
Bliss, I want to thank the chairman for his assurance that their work 
in support of FCS and Army modernization, as they prepare for the test 
event next summer, will not be affected by the bill that we are 
debating today.
  FCS represents the cornerstone of the Army's modernization plans, and 
I appreciate the chairman's understanding of the need to continue 
investing in the Army's future even as we face the challenges of 
today's wars in Iraq and Afghanistan.
  Mr. SKELTON. Madam Chair, I reserve the balance of my time.
  Mr. SAXTON. Madam Chair, I yield 3 minutes to the gentleman from 
Missouri (Mr. Akin), the ranking member of the Oversight Subcommittee.
  Mr. AKIN. Madam Chair, one of the things that you can be only an 
amateur student of are various battles, or military history, and it 
becomes immediately obvious, the importance of information. Just 
randomly, you can think of Pearl Harbor, knowing whether the Japanese 
are coming. Or, particularly, the Battle of Midway, where you have the 
Japanese force, far superior to the American force, but the Americans 
knew where the Japanese aircraft carriers were and the Japanese only 
knew where one of the American aircraft carriers was. As a result, 
America won that significant Battle of Midway, even though we had an 
inferior force, based on information.
  Now, I have heard discussion about how proud we are of Future Combat

[[Page 12722]]

Systems, which is a fancy word for a computerized system to help our 
warfighters have the information that they need in order to do their 
job. That program is the first major Army modernization program in 40 
years, and under this bill, it is being cut by 25 percent.

                              {time}  1545

  This was not a feel good kind of vote. This was a strict party-line 
vote, the Democrats voting to cut it by 25 percent, the Republicans 
trying to restore funds and being turned down in that request.
  Now, when you cut a program by 25 percent, particularly as 
complicated as this is with all the computers that are talking to each 
other, the software, the communications disciplines and the platforms 
involved, that is a significant change and a significant slowdown to a 
very important part of our future, and that is the ability to have 
real-time, online information for our warfighters.
  This is not just important to the Army, as important as it is to the 
Army, because the Marines and the Navy are going to be waiting also for 
perhaps a lot of this software to be the prototype for their systems 
that they develop later. So what we are doing is basically pushing 
back, slowing and delaying and cutting down 25 percent, or $867 
million, from this program. We have tried to replace those funds some, 
with some things that are completely not necessary, such as a high 
speed boat for the Army, which hasn't even been designed, and have been 
turned down and not even allowed to offer that amendment here on the 
floor.
  Now, who is it who is going to pay for this degradation of the 
modernization of our Army? It is going to be our sons and daughters, my 
own sons that are involved, and this is not a good thing. This is not a 
good trade-off. We must advance the modernization. Information has 
always throughout history been critical to warfare. It is all the more 
so now.
  And so I am strongly opposed to this significant cut and the hurting 
of our ability to get information to our warfighter.
  Mr. REYES. Madam Chair, I now would like to yield 2 minutes to our 
friend and colleague from California, the gentlelady, Ms. Sanchez.
  Ms. LORETTA SANCHEZ of California. Madam Chairman, I rise today in 
support of H.R. 1585, the National Defense Authorization Act for Fiscal 
Year 2008.
  I would like to thank my chairman, Mr. Skelton, for his really great 
work in producing a Defense bill with support from both sides of the 
aisle. It is commendable that Chairman Skelton was able to pass this 
bill on a vote of 58-0, given the heated and the very polarized debates 
that we were having in the House Armed Services Committee, especially 
with respect to the war in Iraq.
  And as Chairman Skelton has repeatedly said, the purpose of this bill 
is to provide our troops with the equipment and the support that they 
need to carry out their mission.
  I, for example, voted against granting the President the authority to 
use force in Iraq, and I have continued to question his repeated surges 
and his failing policies in Iraq. I have repeatedly asked the President 
to provide a plan to safely redeploy our troops to come home from Iraq.
  But, having said this, until we can get our brave men and women home 
from Iraq, we must provide them with what they need to perform their 
mission. And that is what this bill does. At the same time, it asks the 
tough questions of the Defense Department and of this President.
  One question, for example, that I have for the Department of Defense 
that I have been asking over and over for the last 4 years, what 
happened to the approximately 329,000 Iraqi security forces that had 
been trained? Specifically, where are they assigned? Are they reporting 
for duty? Or are they now working for the insurgency? And this bill 
asks that question.
  The Defense authorization bill as a whole asks for accountability and 
for oversight from the President and from the Department of Defense. 
And I ask my colleagues to stand together and to pass this bill.
  Mr. SAXTON. Madam Chairlady, I'd like to yield 3 minutes to the 
gentleman from Minnesota, who joined this House several years ago after 
having spent 25 years in the Marine Corps, Congressman John Kline.
  Mr. KLINE of Minnesota. Madam Chair, I'd like to take this 
opportunity to thank the committee members and Chairmen Skelton and 
Snyder for their support of the Yellow Ribbon Reintegration Program in 
this year's Defense authorization bill in the en bloc amendment. 
Inclusion of this program in the bill will move us forward as we seek 
to fill a gap that has only widened as our Nation has come to rely 
increasingly on the National Guard and Reserves to assist in combat 
operations.
  Based upon his experiences as a returning Vietnam War veteran, 
Minnesota National Guard Adjutant General Larry Shellito took the lead 
to build a reintegration program for returning Guardsmen who lack the 
established support infrastructure of their active duty counterparts. 
General Shellito and the Minnesota National Guard leadership have 
developed an innovative program to change how returning soldiers and 
airmen are reintegrated back into their communities.
  Through experiences drawn from the deployments of smaller units to 
Iraq and Afghanistan and Kosovo, they developed a unique combat veteran 
reintegration program with a focus on supporting soldiers and their 
families throughout the entire deployment cycle. This multifaceted 
program includes workshops for families and communities to help them 
for their servicemember's return and training events at 30, 60 and 90-
day intervals for servicemembers following their demobilization.
  The training events have given Guardsmen and Reservists the 
opportunity to engage VA and health care representatives, while also 
allowing platoon sergeants and commanders to check in with their 
troops. Experience has shown that catching signs of post-traumatic 
stress disorder, substance abuse, or even marital problems early can 
prevent even more severe problems in the future.
  I believe the Yellow Ribbon Reintegration Program represents the best 
ideas of not only Minnesota but also States and territories throughout 
the Nation that have stepped in to provide reintegration services to 
their troops.
  As envisioned, the Yellow Ribbon program included members of the 
other Reserve components in only a voluntary, unpaid status due to 
financial constraints. So I would like to thank Chairmen Skelton and 
Snyder for their support in finding the additional funding necessary to 
expand this program beyond the National Guard to all Reservists.
  Let me just close by saying that this program has the support of 
Lieutenant General Blum, the chief of the National Guard Bureau and 
many other organizations, the National Guard Association of the United 
States, the Enlisted Association of the National Guard of the United 
States, the Naval Reserve Association, the Noncommissioned Officers 
Association, and the Retired Enlisted Association. I will submit those 
letters for the Record.
  Again, I would like to thank Chairmen Skelton and Snyder for their 
hard work in making this possible.

                                           Departments of the Army


                                            and the Air Force,

                                       Arlington, VA, May 4, 2007.
     Hon. John Kline,
     House of Representatives,
     Washington, DC.
       Dear Congressman Kline: As you describe in your letter, the 
     Minnesota National Guard's ``Beyond the Yellow Ribbon 
     Reintegration'' program does a great job filling the gap in 
     transition assistance services experienced by all Reserve 
     Component members returning from a combat deployment. I 
     consistently hear from Adjutants General, our troops and 
     their families that the current transition program conducted 
     at the active component demobilization station doesn't well 
     serve the needs of the National Guard and the other Reserve 
     components.
       We see, for example, that many DD Form 214, Certificate of 
     Release or Discharge from

[[Page 12723]]

     Active Duty, prepared at the active duty demobilization 
     station contain significant errors and require correction at 
     the home station. As you know from your own military 
     experience, the DD 214 is an essential ticket to access 
     veteran's benefits. The time required to correct these forms 
     is a burden on our veterans. Like the rest of the transition 
     assistance program of health care, education, VA and 
     employment counseling, Minnesota, among other states, has 
     demonstrated that it can be provided better at the home 
     station.
       Several states participated in a National Guard-wide 
     working group convened last fall to capture the best 
     practices nationwide. The recommendations of that working 
     group echo the results of previous twenty-four months of DoD 
     working groups in which my staff has participated. We have 
     just begun another DoD working group, this one chartered by 
     Congress on the subject of Guard and Reserve transition to 
     civilian employment. That report is due to Congress in 
     October 2007. There are several very effective programs in 
     our States to model--the solution set to this issue is well 
     defined. The National Guard Bureau has well documented 
     lessons learned from studying this issue. The need for more 
     time to accomplish transition assistance at the home station 
     is clear.
       Providing a better transition and reintegration experience 
     for our Guardsmen is a top priority for me and Lieutenant 
     General Clyde Vaughn, the director of the Army National 
     Guard. There are currently 37,000 Guardsmen deployed to fight 
     the war on terror. It's expected that another 60,000 will 
     deploy within the next 18 months. Almost a full third of the 
     National Guard and their families will require transition 
     assistance in the near term. A national program, implemented 
     swiftly, would arrive just in time for them. I salute and 
     appreciate your continuing interest in the welfare of our 
     National Guardsmen.
       Sincerely,

                                               H. Steven Blum,

                                    Lieutenant General, U.S. Army,
                                     Chief, National Guard Bureau.
                                  ____
                                  
                                        National Guard Association


                                   of the United States, Inc.,

                                      Washington, DC, May 8, 2007.
     Hon. John Kline,
     Longworth House Office Building,
     Washington, DC.
       Dear Representative Kline: Since the first militia units 
     were formed in Massachusetts on December 13, 1636, the 
     National Guard has been an indispensable part of our nation's 
     Armed Forces. Members of the National Guard have performed 
     their ``federal'' mission with distinction in every major 
     conflict.
       Until recently, the National Guard was considered a 
     ``Strategic Reserve.'' However, as the Cold War ended, troop 
     levels in all of our Armed Services were reduced, resulting 
     in the Guard representing a higher percentage of the Total 
     Force. Terrorist attacks by Muslim extremists and other 
     conflicts such as the Balkans, Afghanistan and Iraq have 
     required the United States to take military actions, 
     resulting in significant Guard ``call ups.'' The National 
     Guard is now an ``Operational Force,'' a fact clearly 
     articulated by all senior Pentagon leaders.
       After risking their lives during deployments, our returning 
     National Guard members often return to civilian life 
     confronting health care issues, legal uncertainties, strained 
     relationships, unemployment, depression, and Post Traumatic 
     Stress Disorders requiring follow-on assistance.
       NGAUS strongly supports H.R. 2090 now before the 110th 
     Congress which seeks to strengthen and coordinate the 
     programs and benefits available to National Guard members in 
     the critical reintegration process.
       We owe the young men and women, who are selflessly serving 
     our states and nation, the tools and resources they need to 
     reintegrate with their families and communities upon their 
     return. Anything less is an abrogation of our 
     responsibilities.
           Sincerely,

                                             Stephen M. Koper,

                                  Brigadier General, USAF, (ret.),
                                                        President.
                                  ____
                                  
         Enlisted Association of the National Guard of the United 
                                                           States,
                                      Alexandria, VA, May 8, 2007.
     Hon. John Kline,
     House of Representatives,
     Washington, DC.
       The Enlisted Association of the National Guard of the 
     United States (EANGUS) is the only military service 
     association that represents the interests of every enlisted 
     soldier and airmen in the Army and Air National Guard. With a 
     constituency base of over 414,000 men and women, their 
     families, and a large retiree membership, EANGUS engages 
     Capitol Hill on behalf of courageous Guard persons across 
     this nation.
       On behalf of EANGUS, I'd like to offer our letter of 
     support for H.R. 2090, the Yellow Ribbon Reintegration 
     Program Act of 2007. Your legislation will establish a 
     national combat veteran reintegration program to provide 
     National Guard members and their families with sufficient 
     information, services, referrals, and proactive outreach 
     opportunities throughout the entire deployment cycle.
       The model of excellence which began in Minnesota will be a 
     beacon of what right looks like for the rest of the nation. 
     This legislation outlines the program and designates the 
     resources that the National Guard will use to provide 
     assistance where it is most needed.
       Thank you for your continued support of our military and 
     veterans. If our association can be of further help, feel 
     free to contact our Legislative Director, SGM (Ret) Frank 
     Yoakum.
       Working for America's Best!
                                                 Michael P. Cline,
                                               Executive Director.
                                  ____
                                  
                                                 Military Officers


                                       Association of America,

                                      Alexandria, VA, May 8, 2007.
     Hon. John Kline,
     House of Representatives,
     Washington, DC.
       Dear Representative Kline: On behalf of the nearly 362,000 
     members of the Military Officers Association of America 
     (MOAA), I am writing to express our support for your bill, 
     H.R. 2090, to improve transition services for returning 
     National Guard and reserve veterans of the war on terror.
       Nearly six hundred thousand of our nation's citizen-
     warriors have served on active duty since 9/11 and many 
     thousands more are in the deployment pipeline for second or 
     third tours. The special challenges of reintegrating them 
     back into their communities are addressed in your 
     legislation.
       H.R. 2090 would establish a national combat veteran 
     reintegration program that models the best practices of state 
     programs to provide reserve component combat veterans and 
     their families the information, outreach support and services 
     they need throughout the entire deployment cycle.
       Traditional transition assistance programs (TAP) are not 
     meeting the unique needs of our Guard and Reserve troops and 
     their families. Your bill provides a funding network of 
     support that will have a direct impact on the reenlistment 
     and continuation decisions of overstressed citizen-warriors. 
     Your bill supports military personnel readiness in the long 
     war on terror.
       MOAA strongly supports integrating your bill as an 
     amendment to the House version of the National Defense 
     Authorization Act for FY 2008 and expanding the program as 
     quickly as possible to meet the needs of other mobilized 
     reserve component troops.
           Sincerely,
                                                Norbert Ryan, Jr.,
                                                        President.
                                  ____
                                  


                                    Naval Reserve Association,

                                      Alexandria, VA, May 8, 2007.
     Hon. John Kline,
     House of Representatives,
     Washington, DC.
       Dear Representative Kline: On behalf of the 23,000 members 
     of the Naval Reserve Association and 73,000 members of the 
     Navy Reserve, I am writing to express our support for your 
     bill, H.R. 2090, to improve transition services for returning 
     Navy Reservist, and Reserve Component veterans of the war on 
     terror.
       Nearly six hundred thousand of our Nation's citizen-
     warriors have served on active duty since 9/11 and many 
     thousands more are in the deployment pipeline for second or 
     third tours. The special challenges of reintegrating them 
     back into their communities are addressed in your 
     legislation.
       H.R. 2090 would establish a national combat veteran 
     reintegration program that models the best practices of state 
     programs to provide reserve component combat veterans and 
     their families the information, outreach support and services 
     they need throughout the entire deployment cycle.
       Traditional transition assistance programs (TAP) are not 
     meeting the unique needs of our Guard and Reserve troops and 
     their families. Your bill provides a funding network of 
     support that will have a direct impact on the reenlistment 
     and continuation decisions of overstressed citizen-warriors. 
     Your bill supports military personnel readiness in the long 
     war on terror.
       The Naval Reserve Association strongly supports integrating 
     your bill as an amendment to the House version of the 
     National Defense Authoriztion Act for FY 2008 and expanding 
     the program as quickly as possible to meet the needs of other 
     mobilized reserve component troops.
           Sincerely,

                                            C. Williams Coane,

                                                RADM, USNR (Ret.),
                                               Executive Director.
                                  ____
                                  
         Non-Commissioned Officers Association of the United 
           States of America,
                                      Alexandria, VA, May 8, 2007.
     Hon. John Kline,
     House of Representatives,
     Washington, DC.
       Dear Representative Kline: I write on behalf of the Members 
     of the Non Commissioned Officers Association to express our 
     support of your bill, H.R. 2090, to improve transition 
     services for returning members of the National Guard and 
     Reserve veterans from America's war on terror.
       H.R. 2090 would establish a national combat veteran 
     reintegration program that models the best practices of state 
     programs to

[[Page 12724]]

     serve reserve component combat veterans, their families, and 
     survivors with information, outreach support, and vital 
     services they need throughout the entire deployment cycle.
       Approximately six hundred thousand of our nation's citizen-
     soldiers have served on active duty since 9/11. Many of these 
     members of the Guard and Reserve and thousands more are in 
     the rotational deployment schedule for a second or third 
     tour. Your legislation is a remarkable step forward to 
     address the transitional needs as they return to their 
     communities.
       Traditional transition assistance programs (TAP) do not 
     meet the unique needs of members of the Guard and Reserve and 
     their families. The funding network of support proposed in 
     your legislation will directly impact reenlistment and 
     continuation decisions of personnel overcome by the rigors of 
     involvement in the nation's extended war on terror.
       The NCOA would strongly advocate that your bill be 
     integrated as an amendment in the House version of the 
     National Defense Authorization Act for FY 2008. We need to 
     ramp up programs to meet the needs of all mobilized reserve 
     component personnel.
           Sincerely,
                                             Richard C. Schneider,
                        Executive Director for Government Affairs.
                                  ____
                                  


                             The Retired Enlisted Association,

                                      Alexandria, VA, May 8, 2007.
     Hon. John Kline,
     House of Representatives,
     Washington, DC.
       Dear Congressman Kline: On behalf of the more than 100,000 
     members of The Retired Enlisted Association (TREA), their 
     spouses and families, I am writing in support of your 
     legislation, H.R. 2090, the Yellow Ribbon Reintegration 
     Program Act of 2007. It has been obvious for quite some time 
     that members of the Reserve Component of America's Armed 
     Forces lack the same kinds of support programs when they 
     return from overseas combat theaters that active duty 
     personnel have. Your bill will go far in rectifying that lack 
     of support and we whole-heartedly and enthusiastically 
     support its passage.
       Many of our members are retired from the Guard and Reserve 
     components and they still care deeply about those who 
     continue to serve. While the situation has changed 
     dramatically in recent years, you may recall that in the past 
     Guard and Reserve personnel were often treated as ``poor 
     stepchildren'' when it came to benefits afforded them in 
     return for their service to our nation. Now that they have 
     become full operational partners of our nation Armed Forces, 
     they must receive the benefits and services they need and 
     deserve and your bill to establish a national combat veteran 
     reintegration program will help accomplish that goal.
       TREA strongly supports integration of your bill as an 
     amendment to the House version of the FY 2008 National 
     Defense Authorization Act and we look forward to its 
     enactment into law in the coming months.
           Sincerely,
                                                    Larry Madison,
                                             Legislative Director.

  Mr. REYES. Madam Chair, I now yield 2 minutes to my good friend and 
colleague, the gentleman from New Jersey (Mr. Andrews).
  Mr. ANDREWS. Madam Chair, I rise in support of this bill which I 
believe merits the support of Members of both parties because it makes 
three strategic judgements that are very sound and very right.
  First, it makes the judgment that the highest priority of the 
Congress should be the pay, the benefits and the well-being of the 
families of the men and women who wear the uniform of the country. 
Together, as Republicans and Democrats, we're doing more in this bill 
than we've ever done before to serve those needs.
  Second, this bill makes the right strategic judgment to deal with the 
urgent present needs of men and women in theater in the field. Yes, 
this is at the expense of future systems that will some day aid our 
competitive edge. And I believe in funding those systems. But the 
choice we need to make today is the up-armored vehicles, the weaponry, 
the training, the support for men and women in Iraq, in Afghanistan, in 
the heat of battle today. This is the right strategic judgment.
  Finally, this bill decides to take $764 million out of strategic 
missile defense, still giving the President 91.5 percent of what he 
asked for, and spending the money on securing loose nuclear material in 
the former Soviet Union, spending the money on converting reactors that 
could be turned into bomb material in the former Soviet Union. These 
threats were identified as the principal threat to the national 
security by the 9/11 Commission. This is the right strategic judgment.
  For these and many other reasons, I would urge both Democrats and 
Republicans to vote ``yes'' on this very fine bill.
  Mr. SAXTON. Madam Chairlady, I'd like to yield 4 minutes to the 
ranking member of the Veterans' Affairs Committee, the gentleman from 
Indiana (Mr. Buyer).
  Mr. BUYER. Madam Chair, I come to the floor once again to defend 
veterans and the country. And I'm also equally disappointed that there 
are not many veterans willing to stand in the well against provisions 
in the Defense bill that would increase the price of prescription drugs 
in the VA.
  Now, why don't I have enough friends in the well? Well, they're going 
to have to answer for themselves for that question.
  But what is occurring here in the House is an assault upon drug 
manufacturers in the country. There is this quest and design that, 
let's get what available drug there is out there to everyone at the 
lowest price. How wonderful that would be.
  We, in this country, have a unique system. It's called the free 
market. It's called capitalism. We say unto the world, bring your 
greatest minds to America. You can go to the capital market, you can 
make an investment at risk to press the bounds of science that will 
increase the quality of life of our people and those around the world.
  Yet, there's an assault upon that system. The assault continues. It 
began in January whereby the Democrat majority wanted to extend 
Medicare drug pricing by saying, let's take the VA Federal Supply 
Schedule and extend that into the Medicare. Bad idea. Democrats tried 
that back in 1990 and found out that, whoa, that increased drug prices 
to veterans, and repealed it. But they passed it again in January.
  Now, what did they do in the Defense bill? In this Defense bill 
they've now taken the extension of the Federal Supply Schedule and 
extended it into the retail drug pharmacy benefit.
  When I did the redesign of the TRICARE pharmacy benefit in the 
Department of Defense, I created not only the retail network pharmacy 
benefit, I created the out of retail network pharmacy benefit, and at 
no time did I ever, ever, believe that we would extend Federal Supply 
Schedule into the TRICARE pharmacy.
  So what is about to happen? When you take the system in the VA and 
you extend that, and you create the pool and make it larger, you are 
cost shifting. And when you cost shift, you're going to increase these 
prices in the VA.
  Now, in the VA that's about 7 million veterans. It's about 1 percent 
of the market. You say, oh, Steve, that's not a big number. Well, it is 
ironic to me how Members will pound their chests and say, well, you 
know, I said no to an increase in a pharmacy copay, but they're about 
to vote ``yes'' to increase drug prices for veterans when they vote for 
this Defense bill. This is wrong, and it should not be done, and I'm 
appealing to Members not to do this.
  And I am disturbed, disturbed that my good friend, Ike Skelton, 
denied two of my amendments. I've worked for 15 years with Chairman 
Skelton on many, many different issues, and I am stunned that he would 
deny my opportunity to offer two amendments.
  One was very simple. It would be to have the Secretary certify that 
before he could implement this program you have to certify it will not 
increase prices on the VA. Why would you deny that amendment?
  They are going to deny the amendment because they know, going into 
this, that the creation of this program is going to increase prices on 
veterans. I just cannot believe we're about to do that here.
  Secondly, we should listen to the experts. If you're about to deny a 
particular drug under the formulary on TRICARE, you'd better have a 
pretty good reason, and we ought to be able to go to the committee to 
do that. But they're not going to do that. At this point I am pretty 
disturbed.

                              {time}  1600

  Mr. SAXTON. Madam Chairman, I reserve the balance of my time.
  Mr. SNYDER. Madam Chairman, I yield 1\1/2\ minutes to my colleague 
the gentlewoman from California (Mrs. Davis).

[[Page 12725]]


  Mrs. DAVIS of California. Madam Chairman, I rise today in support of 
H.R. 1585.
  This legislation recognizes the extraordinary efforts by our 
servicemembers and makes great strides towards resetting our force and 
ensuring our overall readiness. However, it is only the beginning.
  We know that part of readiness is having a military health care 
system that understands the strains on our force and is capable of 
handling the mental health needs of our servicemembers both at home and 
abroad. If we are going to deploy our men and women at the current 
pace, we must, we must, make sure we understand the consequences of our 
policy decisions. We must prepare our troops for the stress of service 
in theater.
  I agree with General Petraeus, who recently spoke in favor of 
redoubling our education efforts to identify potentials for abuse among 
our servicemembers. The recent Army study indicating tolerance of 
torture among some of our troops shows why we need to do more.
  Through mental health provisions in this bill, Congress has begun to 
ask important questions, important questions about the results of war 
and developing best practices for identifying and treating combat-
related stress disorders.
  I strongly urge my colleagues to vote in favor of this legislation.
  Mr. KLINE of Minnesota. Madam Chairman, at this time I am pleased to 
yield 3\1/2\ minutes to my friend and colleague, the gentleman from 
Georgia, Dr. Gingrey, a member of the Armed Services Committee.
  Mr. GINGREY. Madam Chairman, I thank the gentleman from Minnesota for 
yielding.
  I rise today in support of H.R. 1585, the National Defense 
Authorization Act for Fiscal Year 2008.
  I would like to say a special thanks to Chairman Skelton, my good 
friend, and also to Ranking Member Hunter, as well as Subcommittee 
Chairman Abercrombie and Ranking Member Saxton, for their tireless 
efforts in support of our soldiers, our sailors, our airmen, and 
marines who are bravely defending us both at home and abroad.
  Madam Chairman, while not a perfect bill, this legislation covers a 
wide scope of issues that are vitally important to our armed services, 
both active and reserve components, and clearly meets the immediate 
needs of the warfighter.
  From a 3.5 percent across-the-board pay raise to an additional $4.1 
billion for the MRAP, Mine Resistant Ambush Protected vehicles, this 
legislation addresses the most pressing needs of our troops during a 
very, very trying time for this country. I am further pleased that the 
bill provides for an increase of 13,000 Army and 9,000 Marine Corps 
active-duty personnel, as well as $1 billion for National Guard 
equipment.
  While I applaud the work of the committee in addressing pressing 
readiness issues, I am very concerned, Madam Chairman, about the deep 
cuts to missile defense and, of course, the Army Future Combat Systems. 
A viable missile defense system is critical to deterring and countering 
emerging threats to our national security, especially as Iran and North 
Korea develop their nuclear capabilities. I look forward to working 
with Chairman Skelton and Ranking Member Hunter and the rest of the 
committee as this bill moves forward to address these program needs.
  I am pleased, however, that the Armed Services Committee voted 
unanimously on a bipartisan basis to support another program critical 
to our national security. Madam Chairman, that is section 1243 of this 
bill. It affirms that WHINSEC, the Western Hemisphere Institute for 
Security Cooperation, is effectively accomplishing its mission and 
expresses that because of this success, the Department of Defense 
should continue utilizing this program to promote security cooperation 
with Latin American countries.
  Those who have been taking the time to visit WHINSEC at Fort Benning 
in Columbus understand the critical importance of this program. By 
virtue of WHINSEC, the United States is able to engage the military and 
the security forces of Central and South American countries in a forum 
where they will be able to learn our values regarding democracy and 
human rights, especially now human rights, while also being trained in 
counternarcotics and counterterrorism tactics.
  It is so important to remember that this may be the only medium we 
ever have to engage the future military and political leaders of these 
Latin American countries, who are America's closest neighbors; and they 
can serve as our closest allies. If we were not to engage with these 
nations, we would be abandoning our most effective means of developing 
relationships with the security forces of Central and South America. 
The void created would be filled by countries with different values 
than our own regarding democracy and human rights, countries, Madam 
Chairman, such as Venezuela and China, whose influence in the region is 
growing. And, therefore, I am glad that the Armed Services Committee 
stands behind WHINSEC.
  Madam Chairman, there is much to be proud of in this bill, and I 
again commend Chairman Skelton and Ranking Member Hunter for their 
efforts to keep this bill focused on the needs of the warfighter, a 
fact I hope is not lost as we progress through the amendment process.
  I urge all my colleagues to remember the importance of a strong 
national defense and to prioritize that over partisan issues which 
divide us.
  Mr. KLINE of Minnesota. Madam Chairman, I yield to the gentleman from 
Indiana (Mr. Buyer) for the purposes of making a motion.


                  motion to rise offered by mr. buyer

  Mr. BUYER. Madam Chairman, I move that the Committee do now rise.
  The Acting CHAIRMAN. The question is on the motion to rise.
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. BUYER. Madam Chairman, I demand a recorded vote, and pending 
that, I make the point of order that a quorum is not present.
  The Acting CHAIRMAN. The Chair will count for a quorum. Does the 
gentleman from Indiana withdraw his point of order?
  Mr. BUYER. I do not.
  The Acting CHAIRMAN. Evidently a quorum is not present.
  Pursuant to clause 6 of rule XVIII, the Chair will reduce to 5 
minutes the minimum time for an electronic vote, if ordered, on the 
pending question following this quorum call. Members will record their 
presence by electronic device.
  The following Members responded to their names:

                             [Roll No. 360]

     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono

[[Page 12726]]


     Hobson
     Hodes
     Hoekstra
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Petri
     Pickering
     Pitts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised they have 
2 minutes remaining to register their vote.

                              {time}  1629

  The Acting CHAIRMAN (Mrs. Jones of Ohio). On this quorum call, 403 
have responded, a quorum.


                             Recorded Vote

  The Acting CHAIRMAN. Pending is the demand of the gentleman from 
Indiana for a recorded vote.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 178, 
noes 217, not voting 42, as follows:

                             [Roll No. 361]

                               AYES--178

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Camp (MI)
     Campbell (CA)
     Cannon
     Capito
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gillmor
     Gingrey
     Gohmert
     Goode
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Hobson
     Hoekstra
     Hulshof
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     Mica
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)

                               NOES--217

     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Doggett
     Donnelly
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Lee
     Levin
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Wu
     Wynn
     Yarmuth

                             NOT VOTING--42

     Abercrombie
     Bachmann
     Blumenauer
     Boehner
     Bordallo
     Buyer
     Calvert
     Cantor
     Christensen
     Cubin
     Davis, Jo Ann
     Dingell
     Doyle
     Engel
     Faleomavaega
     Gilchrest
     Goodlatte
     Harman
     Hastert
     Herger
     Holden
     Hunter
     Johnson, E. B.
     Larson (CT)
     Lewis (GA)
     McMorris Rodgers
     Miller (FL)
     Miller (NC)
     Miller, George
     Nadler
     Norton
     Payne
     Peterson (PA)
     Putnam
     Reynolds
     Roskam
     Ryan (WI)
     Skelton
     Stark
     Whitfield
     Woolsey
     Young (FL)


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised 2 minutes 
remain in this vote.

                              {time}  1638

  So the motion to rise was rejected.
  The result of the vote was announced as above recorded.
  Mr. SKELTON. Madam Chairman, I yield 1 minute to the gentleman from 
Connecticut (Mr. Courtney), a member of the Armed Services Committee.
  Mr. COURTNEY. Madam Speaker, in 2001, when President George Bush took 
office, the size of the United States

[[Page 12727]]

Navy consisted of 315 ships and submarines. Today, the size of that 
Navy has fallen to 276 ships and submarines. Despite this shocking 
decline and the damage, the damage, that it has done to our 
shipbuilding base in this country, the President continued to propose a 
shipbuilding budget this year which will continue that deterioration.
  If his shipbuilding plan continues, for example, the size of our 
Virginia-class attack submarine fleet will fall below 40 submarines, 
starting 7 years from now, and will stay there for 15 years. That is 
far below what the Navy has warned us is an acceptable level for a 
submarine fleet to meet its mission request.
  I rise in support of this Defense bill because it will stop the 
decline that has occurred over the last 6 years of America's Navy and 
will invest $588 million in an advanced procurement for a Virginia-
class attack submarine and stop the bathtub effect of the decline of 
the submarine production schedule which the President proposed.
  Madam Chairman, I applaud Chairman Skelton and Chairman Taylor for 
their efforts to restore the size of our Navy.
  Mr. KLINE of Minnesota. Mr. Chairman, I am pleased to yield 3 minutes 
to the gentleman from South Carolina (Mr. Wilson).
  Mr. WILSON of South Carolina. Thank you, Congressman Kline. Thank you 
for your leadership and your service in the Marine Corps of the United 
States. Thank you for your family's participation, serving today as 
part of our effort overseas. I am very proud of your son's service. We 
are very grateful to the Kline family of Minnesota.
  I rise today in support of H.R. 1585, the National Defense 
Authorization Act for Fiscal Year 2008, and its provision for 
authorizing additional troop strength for both the United States Army 
and Marine Corps. I appreciate Chairman Ike Skelton and Ranking Member 
Duncan Hunter's work in crafting this legislation.
  As directed by the House Committee on Armed Services, in fiscal year 
2008 the Army's end strength will be 525,400, a 13,000-person increase, 
and the Marine Corps' end strength will be 189,000, 9,000 more than 
last year.
  As a member of the Armed Services Committee, as a 31-year veteran of 
the Army Reserves and Guard, and, most importantly, as the proud 
parents of four sons who are serving in the military today, I know 
firsthand of the extraordinary opportunities of military service.
  Increasing the size of our military is imperative in our fight to win 
the global war on terrorism. By ensuring we have an adequate number of 
soldiers, we can decrease troop deployment time and increase training 
and readiness, thus improving our military's capability and 
effectiveness.
  The bases I directly represent, Fort Jackson for the Army and Parris 
Island for the Marines, are producing the best professionals to protect 
American families in the world. I am particularly pleased that the 
effort to increase troop strength is bipartisan. I have been impressed 
that last year Congresswoman Ellen Tauscher of California introduced 
legislation for troop strength increase.
  In conclusion, God bless our troops, and we will never forget 
September 11.
  Mr. SKELTON. Madam Chairman, I yield 1 minute to my friend, the 
gentlewoman from New Hampshire, Ms. Shea-Porter.
  Ms. SHEA-PORTER. Madam Chairman, I was honored to be a military 
spouse, and I am now honored to be in the House of Representatives and 
on the Armed Services Committee.
  I stand here today in support of this bill. This bill takes care of 
our military men and women and it also takes care of their families. It 
provides a raise for the military that is long overdue. It provides for 
their housing. It takes care of our military and our families. And it 
cares for those who are injured, especially brain injuries, which we 
are concentrating on now.
  It helps rebuild the military. Our military has been weakened by the 
war in Iraq, and it is now time to support these people. So I am very 
proud to stand here.
  It also takes care of the National Guard. It will provide a fourth 
star for the National Guard so they will have a seat at the table to 
talk about the policy in the United States. The National Guard deserves 
this. They also have an increase in the budget of $1 billion.
  So I am proud here as a member of the Armed Services Committee to 
lend my support to this and to urge my colleagues to vote for this.

                              {time}  1645

  Mr. KLINE of Minnesota. Madam Chair, I yield 3\1/2\ minutes to the 
gentleman from Indiana (Mr. Buyer).
  Mr. BUYER. Thank you very much for yielding.
  I am back on the floor, and I am here to make an appeal to my good 
friend, Ike Skelton. I am here to make an appeal, Mr. Chairman, because 
I need you to help me. Help me understand why I shouldn't be so upset 
here today. You have a provision in the bill that is going to open up 
the Federal Supply Schedule and extend that pricing into DOD whereby 
when you do that we expand the pool. When you expand the pool, you cost 
shift. Not only do you cost shift, you are going to increase 
pharmaceutical costs onto 7 million veterans.
  So our history here is that it was a Democrat-controlled Congress 
back in 1992 that said we are going to create the Federal Supply 
Schedule and we are going to do this cost control. Why? Because if 
anyone is entitled in our society to have this benefit, it is our 
disabled veterans. Then what happened? Then in the 1990s we sort of 
reformed eligibility with regard to the VA and expanded that criteria 
so the Federal Supply Schedule expanded beyond the disabled veterans 
now to all veterans.
  And now what has happened, you want to expand it, Chairman Skelton, 
into the DOD TRICARE pharmacy benefit program. When you do that, we are 
going to increase the price of prescription drugs for veterans.
  Do not go home and pound your chest and say I am denying increase in 
copays when you are about to vote for increases in drug prices for 7 
million veterans.
  Chairman Skelton, I offered two amendments before the committee, and 
they were both denied.


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN. Members are reminded to direct their comments to 
the Chair, not to another Member in the second person.
  Mr. BUYER. Madam Chairman, I offered two amendments directly to the 
Rules Committee asking one of my colleagues, who is the chairman of the 
Armed Services Committee, to do these amendments, and they were denied. 
It was dumbfounding to me.
  Mr. KENNEDY. If the gentleman would yield and answer how it would 
raise the cost to veterans and explain how it would, that would be 
helpful.
  Mr. BUYER. Sure. If Federal discounts expand, price levels would be 
pushed up, the VA would pay a higher price for the drugs it provides to 
veterans. So this would place an increased pressure on the funding of 
veterans health care.
  Mr. KENNEDY. According to whom?
  Mr. BUYER. GAO even did an analysis of the expansion.
  We asked them to look at it with regard to Medicare, when you tried 
to do it on Medicare, and pass the House. We know that any time you 
expand Federal pricing and you increase the pool, drug prices in fact 
will go up.
  As a matter of fact in 1990, talk to Chairman John Dingell because he 
passed that back in 1990, and they realized they made a mistake and it 
increased the price on veterans, and we had to repeal it. I ask you to 
talk to Chairman Dingell.
  Mr. KENNEDY. Well, I am sure the pharmaceutical industry would tell 
you that because they have a lot to lose by expanding it.
  Mr. BUYER. I reclaim my time. Who has a lot to lose? We all have a 
lot to lose. If you want to open up and do price controls in 
pharmaceutical manufacturing, we all lose as a society. We will all 
lose.


                  Motion to Rise Offered by Mr. Buyer

  Mr. BUYER. Madam Chairman, I move that the Committee do now rise.
  The Acting CHAIRMAN. Does the gentleman from Minnesota yield for 
purposes of that motion?

[[Page 12728]]


  Mr. KLINE of Minnesota. Yes, I yield for purposes of the motion.
  The Acting CHAIRMAN. The question is on the motion to rise.
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. BUYER. Madam Chairman, I demand a recorded vote, and pending 
that, I make the point of order that a quorum is not present.
  The Acting CHAIRMAN. The Chair will count for a quorum. Does the 
gentleman from Indiana withdraw his point of order?
  Mr. BUYER. I do not.
  The Acting CHAIRMAN. Evidently a quorum is not present.
  Pursuant to clause 6 of rule XVIII, the Chair will reduce to 5 
minutes the minimum time for an electronic vote, if ordered, on the 
pending question following this quorum call. Members will record their 
presence by electronic device.
  The following Members responded to their names:

                             [Roll No. 362]

     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Hooley
     Hoyer
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     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)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller, Gary
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Musgrave
     Myrick
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Pearce
     Pence
     Peterson (MN)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     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
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                              {time}  1713

  The Acting CHAIRMAN. On this quorum call, 398 have responded, a 
quorum.


                             Recorded Vote

  The Acting CHAIRMAN. Pending is the demand of the gentleman from 
Indiana for a recorded vote.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 188, 
noes 221, not voting 28, as follows:

                             [Roll No. 363]

                               AYES--188

     Aderholt
     Akin
     Alexander
     Bachmann
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     Mica
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Van Hollen
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--221

     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Burgess
     Butterfield
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Gilchrest
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare

[[Page 12729]]


     Harman
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Hooley
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wicker
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--28

     Abercrombie
     Bachus
     Baird
     Bordallo
     Brown, Corrine
     Capps
     Christensen
     Cubin
     Davis (AL)
     Davis, Jo Ann
     Doyle
     Engel
     Faleomavaega
     Flake
     Gohmert
     Hastings (FL)
     Honda
     Hulshof
     McMorris Rodgers
     Miller (FL)
     Miller (NC)
     Miller, George
     Nadler
     Norton
     Payne
     Peterson (PA)
     Watson
     Wynn


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised there are 
2 minutes remaining in this vote.

                              {time}  1723

  Mr. OBEY changed his vote from ``present'' to ``no.''
  So the motion to rise was rejected.
  The result of the vote was announced as above recorded.
  Mr. SKELTON. Madam Chairman, I yield 2 minutes at this time to the 
gentleman from Georgia, my friend, Mr. Marshall, who is also a member 
of the Armed Services Committee.
  Mr. MARSHALL. Mr. Chairman, I very much appreciate the job that you 
and the ranking member and the staff and members of the committee have 
done in putting this bill together. It is an appropriate balance.
  Madam Chairman, the bill appropriately balances the needs of all of 
our branches and all of the different defense needs that we have, both 
present and future, whether it's in space or land or air or on the 
water. What I want to particularly mention is that part of the bill 
that contemplates the kinds of conflicts that we are likely to have in 
the future and how we need to organize ourselves to better address 
those conflicts.
  We have found, with our experience in Afghanistan and Iraq most 
recently, but historically with our experience in Vietnam, that our 
conventional force has a very difficult time dealing with the kind of 
conflicts that we are seeing in Iraq, Afghanistan, and the kind of 
conflict that we saw in Vietnam.
  In Vietnam and today, we learned lessons, and those lessons are 
reflected in some of the things that we have in the committee's report 
and in the bill itself. We contemplate, for example, that in the 
Special Operations Command, more emphasis will be placed upon special 
forces and building partner capacity and developing partnerships 
globally that can enable us to work effectively with indigenous 
populations since, frankly, those indigenous populations are the ones 
that are going to have to be principally responsible for security 
issues within those countries.
  We are in a new era here across the globe. Angry individuals have 
access to information that can enable them to develop very lethal 
weapons. Robert Wright describes this as the ``growing lethality of 
hatred.'' It's a new era. It requires a new approach.
  I think this bill heads in that direction, and I expect over the 
future years will head even more in that direction. That approach has 
to involve effective partnerships with security forces worldwide to 
keep an eye out for the kinds of threats that can be brought home to 
the United States.
  I thank the gentleman for his leadership.
  Mr. HUNTER. Madam Chairman, I think we only have about 2\1/2\ minutes 
left on this side. I would continue to reserve and ask my good friend 
from Missouri to recognize some more of his speakers.
  Mr. SKELTON. Madam Chairman, I yield 1\1/2\ minutes to the gentleman, 
my friend and colleague, the gentleman from Maryland (Mr. Cummings), 
who is also a member of the Armed Services Committee.
  Mr. CUMMINGS. Madam Chairman, I rise today in support of the National 
Defense Authorization Act. This legislation is of vital importance, 
because it ensures that the Department of Defense has the funding 
necessary to replenish the depleted resources of the U.S. military and 
provides accountability standards as our military operations continue 
in Iraq. One of the critical issues we addressed in the House Armed 
Services Committee was the need to support our troops in combat 
operations.
  We accomplish this task by providing $141.8 billion in emergency 
supplemental spending, which will provide for new combat vehicles and 
armor that will protect our men and women in uniform from traumatic 
brain injuries and increase their overall survival rate. Additionally, 
this bill safeguards and enhances access to care and treatment programs 
for our injured servicemembers under the auspices of the Wounded 
Warriors Assistance Act.
  Finally, we address the need for oversight and accountability 
standards for our military operations in Iraq. Congressman David 
Loebsack and I have an amendment included in the bill that requires 
Secretary Gates, General Petraeus and Ambassador Crocker to submit 
reports to the Congress on the status of the implementation of the 
Joint Campaign Plan.
  I urge my colleagues to vote in favor of this critical defense bill.
  Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from 
Iowa (Mr. Boswell).
  Mr. BOSWELL. First, I, too, would like to join with others in our 
appreciation of Chairman Skelton and Mr. Duncan for their good work, 58 
unanimous votes coming out of committee. That says a lot.
  Madam Chairman, I think it's important for us to realize some things 
in the future that are going on with our forces that many of us who 
participated over the years, you and I, have got some concern about, 
that's readiness.
  If you haven't talked to your adjutant generals back in your home 
State, you ought to do that. You ought to have a talk with them, 
because it's something we ought to address. I know the ranking member 
and chairman understand this, but we have to do it. You have got a good 
bill. You have done what we ought to do.
  We have to think about what happens next. I think we have to realize 
that there is some disparity about what is going on, even in the Iraq 
operation, because we have to figure out what we want to do in the 
future. What do we want as the policy, as the structure, as we think 
about the added forces that we are going to have to do.
  We think about deployment. You know, they tell me that about 80 
percent of the casualties over there, and probably some of you have 
more accurate information, are from the infantry. But they are only 
about 20 percent of the force.
  You think about that, there's something going on here that's evolved 
in all of this that we haven't really addressed. We are thinking about 
the dearth of those who are reenlisting in the very important rank, the 
backbone of the Army, and I would guess the Marines as well, and that's 
the E-6. There are more of those that are doing the leadership 
positions throughout a various variety of things, as well as the O-2s 
and O-3s.

[[Page 12730]]



                              {time}  1730

  And those are young people, younger people, who have got some amount 
of service, but they have got to talk to their families about 
reenlisting and continuing on. They are not staying, and this ought to 
be a concern. We have got to address that, and we have got to do that 
in the very, very near future.
  So we have to sit down and say, what is our structure, what is our 
policy, before we go ahead and do the things that we have to do.
  Mr. SKELTON. I yield 2 minutes to my friend, the gentleman from Rhode 
Island (Mr. Kennedy).
  Mr. KENNEDY. Madam Chair, I want to acknowledge Chairman Skelton and 
Ranking Member Hunter for their good work on this bill.
  This authorization has very strong provisions on mental health, a 
number of them addressing the stigma issues regarding mental health, 
identifying the reintegration needs of our Reservists. Our Reservists 
make up nearly half of those fighting on behalf of the war on terror.
  Mental health nurse practitioners: It establishes a nurse 
practitioner graduate education program in the Uniformed Services 
University of Health Sciences program that includes psychiatric mental 
health practices.
  It has mental health counselors who can now be reimbursed by TRICARE 
for services provided to our troops and their families. These 
counselors are cost-effective and ready to serve the families of our 
servicemembers as well as our servicemembers themselves.
  Also, we have the Mental Health Initiative that will coordinate the 
Department of Defense's research and development programs and provide 
opportunities for researchers to better improve identification and 
diagnosis of mental health problems.
  Finally, we have the Psychological Kevlar, which will help us begin 
to prevent the post-traumatic stress disorder problems that we are 
seeing many of our soldiers come back from Iraq suffering from. It is 
important that we include in our basic training, before our soldiers go 
abroad, not only physical resiliency and training but mental resiliency 
and training, so that they are as prepared to defend themselves 
mentally as they are physically before it is too late, before they 
suffer the terrible psychological wounds that yield them so disabled in 
many respects after the war, when it is too late.
  Finally, Madam Chairman, this bill includes provisions that will take 
account of measuring the quality and satisfaction of our military men 
and women in our military hospitals. We cannot wait for more of the 
kinds of Walter Reed anecdotal stories to rise to the surface before we 
begin to measure the quality and satisfaction in our military 
hospitals, and I am pleased to see this amendment adopted in the bill.
  The authorization has very strong mental health provisions that will 
help address the stigma our troops confront in seeking mental health 
care, increase the number of mental health professionals to serve the 
mental health needs of our troops and their families, and advance 
research developed from the nation's academic and medical base to 
better improve DoD's mental health research and treatment programs.
  Addressing stigma issues among reservists: The Secretary of Defense 
will establish a working group to identify the reintegration needs of 
our reservists. The working group will examine different programs 
operated by different services, States, and commands to help 
reservists. From there, it can identify best practices and develop 
plans to incorporate these practices across the military.
  Mental health nurse practitioners: The establishment of a nurse 
practitioner graduate education program at the Uniformed Services 
University of Health Sciences. The program's specialties would include 
psychiatric mental health practice.
  Mental health counselors: Mental health counselors can now be 
reimbursed by TRICARE for services provided to our troops and their 
families. The counselors are a cost-effective force ready to serve and 
help our service-members and their families.
  Military mental health initiative: This initiative would coordinate 
the Department of Defense's mental health research and development 
programs and provide an opportunity for researchers to better improve 
the identification diagnosis, and treatment of mental health issues.
  This plan will help incorporate evidence-based preventive and early 
intervention strategies into pre-deployment training, combat theater 
operations, and post-deployment service to strengthen our warfighters' 
psychological resiliency.
  Introducing our soldiers to mental health care only after they have 
been exposed to combat is far too late. We need to familiarize our 
soldiers and their families with how to recognize and deal with the 
symptoms of combat stress and trauma--and the benefits of mental health 
care--from early on in their military career.
  Our soldiers are trained from the moment they enter basic training or 
boot camp on how to physically protect themselves from harm.
  We need to ensure that they are just as well trained in protecting 
themselves psychologically as well.
  Mr. SKELTON. At this time I yield 2 minutes to my colleague, the 
gentleman from Pennsylvania (Mr. Carney).
  Mr. CARNEY. Madam Speaker, Mr. Chairman, I am here today in support 
of our Nation's veterans. The GI bill has provided education to many of 
our Nation's finest honorable men and women. But, unfortunately, there 
is a provision that excludes our National Guard and Reserve from 
receiving their GI benefits after they have left the military.
  This amendment, which comes from bipartisan legislation that I have 
introduced on the same topic, will express the sense of Congress that 
we need to lengthen the period of time that a Guard or Reserve member 
has to take advantage of the GI bill after he or she completes their 
service to 10 years. Right now, when they leave the service they lose 
their educational benefits. If they are deployed, they lose those 
benefits shortly after they return.
  We owe it to our National Guard and Reserve members to have up to 10 
years to take advantage of the GI bill of education. This is similar to 
the benefits extended to active duty members of the military, and our 
National Guard and Reserve deserve the same benefit because the 
National Guard and Reserve are playing an ever-increasing role in 
combat. They are finding it harder and harder to achieve their degrees 
while enlisted.
  Madam Chair, as a lieutenant commander in the U.S. Naval Reserve, I 
have witnessed firsthand the critical role the National Guard and 
Reserve play in our Nation's security. It saddens me to learn that the 
National Guard and Reserves have missed their recruiting goals for 2005 
and 2006. The military provides immense benefits to those that sign up, 
but it cuts off the Guard and Reserve when it comes to education 
benefits. What better way to ensure our military remains an all-
volunteer force by encouraging more people to join the Guard and 
Reserve?
  As a former professor at Penn State, I understand the value of 
education and believe that an educated workforce is a better workforce 
for all of America. We want our brave men and women who risk their 
lives for our country to have access to education. Denying our National 
Guard and Reserve their education benefits is unfair to our troops, 
unfair to their families, and hurts our entire country. We should allow 
our troops to serve their country honorably, and then reward them with 
higher education when they are finished.
  The National Guard and Reserve are becoming indistinguishable from 
active duty now, and they need this benefit. We owe it to our troops 
and their military families back home. I urge all Members to support 
it.
  Madam Chairman, I am here today in support of our Nation's Veterans. 
The GI bill has provided education to many of our Nation's fine and 
honorable men and women. Unfortunately, there is a provision which 
excludes our National Guard and Reserves from receiving their GI bill 
benefits after they have left the military.
  This amendment, which comes from the bipartisan legislation that I 
have introduced on the same topic, will express the sense of Congress 
that we need to lengthen the period of time that a Guard or Reserve 
member has to take advantage of the GI bill after he or she completes 
their service to 10 years. Right now, when they leave the service, they 
lose their education benefits. If they are deployed, they lose the 
benefits shortly after.
  We owe it to our National Guard and Reserve members to have up to 10 
years to take

[[Page 12731]]

advantage of their GI bill education benefits. This is similar to the 
benefits extended to active duty members of the military. Our National 
Guard and Reserves deserve this same benefit. Because the National 
Guard and Reserves are playing an ever-increasing role in combat 
operations, they are finding it harder to achieve their degree while 
enlisted.
  As a lieutenant commander in the U.S. Navy Reserve, I have witnessed 
firsthand the critical role that National Guard and Reserves play in 
our Nation's security. It saddens me to learn that the National Guard 
and Reserves missed their recruiting goals in both 2005 and 2006. The 
military provides immense benefits to those that sign up, but it cuts 
off the Guard and Reserves when it comes to education benefits. What 
better way to ensure our military remains an all volunteer force by 
encouraging more people to join the Guard or Reserves?
  As a former professor at Penn State Worthington, I understand the 
value of education and believe that an educated workforce is a better 
workforce for all of America. We want our brave men and women who risk 
their lives for our country to have access to education. Denying our 
National Guard and Reserves their education benefit is unfair to our 
troops, unfair to their families, and hurts the entire country.
  We should allow our troops to serve their country honorably and 
reward them with a higher education when finished. The National Guard 
and Reserves are becoming indistinguishable from active duty now. They 
need this benefit.
  We owe this to our troops and our military families back home. I urge 
all Members of Congress who care about our troops and military families 
back home to vote in favor of this amendment.
  Mr. SKELTON. Madam Chair, may I inquire on the time, and may I also 
inquire if the gentleman from California has additional speakers.
  The Acting CHAIRMAN. The gentleman from Missouri has 2\1/2\ minutes. 
The gentleman from California has 2\3/4\ minutes.
  Mr. HUNTER. I want to thank all Members who participated in the 
general debate, and all the great subcommittee chairmen and ranking 
members, and the chairman of the committee for putting together this 
great bill, and will now enter the amendment process.
  There is just one point that I wanted to make in listening to my 
colleague finish up in talking about the mental health of America's 
soldiers, sailors, airmen, and marines.
  One observation that I have made over the years in being around 
people that wear the uniform is that while a number of the stresses and 
the difficulties that have been spoken of are real, it is also real 
that the coolest, calmest, most balanced, most stable American 
citizens, I believe, are the folks that wear the uniform in Iraq and 
Afghanistan. And while it is true that enemy fire can hurt you and 
damage you mentally as well as physically, it is also true that that 
fire can make you stronger.
  Having spent time with guys like Chuck Yeager, guys like the great 
Vic Taylor, many others who have been under fire and in various 
situations in real combat in the world's wars, it has always occurred 
to me that the people who have the greatest mental stability are people 
that come out of the combat zones.
  So I want to make sure that this debate doesn't send the message that 
somehow Americans who wear the uniform are victims, and that the 
inevitable result of their wearing the uniform and serving in combat is 
that they are going to somehow be damaged mentally, because that is not 
the case.
  And I would just conclude by reflecting on the fact that I take a 
number of folks who are wounded in Iraq and Afghanistan hunting, which 
the Hunter family likes to do, and I take them hunting with my 
grandchildren. And there are few people that I will trust my 
grandchildren with, but the people I will trust my grandchildren with 
out in the great outdoors, with loaded weapons, are members of the 
United States Army and the United States Marine Corps who have been to 
combat. Those people have the greatest sense of balance and sense of 
judgment.
  And, again, in my mind, America's citizens who are the coolest and 
the calmest under fire and have the greatest sense of balance and 
judgment are people that wear the uniform and have been in combat.
  Madam Chair, I yield back the balance of my time.
  Mr. SKELTON. Madam Chair, I yield 1 minute to the gentleman from 
Rhode Island (Mr. Kennedy).
  Mr. KENNEDY. Madam Chair, when speaking about mental health, we 
should be speaking about it in terms of a positive. That is what makes 
us stronger. I think when the gentleman says that when we speak about 
mental health, we want to be careful so as not to make people feel like 
they are victims, looks at it in a negative way.
  Frankly, I am proud that at John F. Kennedy Special Warfare Center at 
Fort Bragg the Green Berets have insisted that they have psychiatrists 
on call 24 hours, 7 days a week, not because they are the weakest 
branch of the military, but because they are the strongest and they 
want to remain the strongest. And they know that if they are to remain 
the strongest, they don't want to be thinking about anything else in 
their mind when they use their sharpshooter and they are called to duty 
for this country, where they are going to parachute in and use their 
technical expertise they have been trained to do. They know that they 
want to be able to do that job sufficiently, and that is why they have 
had this important mental health allowed for them, and that is why I 
think it is so important to have these facilities available for them.
  Mr. SKELTON. Madam Chair, we are nearing the end of the general 
debate portion of the consideration of this bill.
  I want to thank my ranking member, my friend, Duncan Hunter, for his 
hard work and for his cooperation in getting us to this point. And it 
was difficult at times, but we have gotten here. So I just want him to 
know that I am appreciative.
  And I also want to say that the purpose of our affection and 
attention is the young men and young women in uniform. Despite all of 
the procedural motions that we have had, out of all of this at the end 
of the day, and maybe at the end of tomorrow, we will have done an 
excellent job, because this bill is basically a very good bill for the 
defense and for the young people of our Nation in uniform.
  So let's not forget the purpose of what we are doing here. Let's not 
forget that we are doing this in a bipartisan effort. Let's not forget 
that, at the end of the day, we will make America one major step safer 
by passing a good piece of legislation for our country.
  Ms. SLAUGHTER. Madam Chairman, I am proud today to offer an amendment 
to H.R. 1585, the Fiscal Year 2008 National Defense Authorization Act, 
that will make certain the Niagara Falls Air Reserve base continues to 
play an integral role in our homeland defense.
  The Niagara airbase is home to the 914th Air Reserve and the 107th 
Air Guard. Both units have been deployed to Iraq and Afghanistan, and 
are responsible for patrols over large metropolitan areas and key 
infrastructure throughout the Northeast and Midwest.
  The value of the men and women serving at Niagara was clearly 
demonstrated during the tragic events of September 11th. The 107th was 
the first Refueling Wing to fly Combat Air patrols over New York City. 
In addition, a specialized unit of the 914th, trained in identifying 
and preparing the remains of disaster victims, was instrumental in the 
9/11 recovery mission.
  The 2005 Base Realignment and Closure Commission determined that the 
airbase would better serve our Nation if the 107th Guard unit became an 
Associate Air Wing of the 914th Reserve.
  This is the first time in Air Force history that a Guard unit will 
associate with a Reserve unit. Predictably, the Air Force is facing a 
number of unprecedented challenges in attempting to shift assets around 
in order to meet the BRAC mandate.
  I and the Western New York Congressional delegation have been working 
with the Air Reserve and the Air Guard for over a year and a half to 
determine the optimal allocation of aircraft at the base to ensure that 
both units can adequately complete their missions. The uncertainty 
surrounding what comes next at Niagara has created a lot of anxiety for 
the service members at the airbase and the Western New York community. 
The Air Force must determine a way forward with Niagara this year to 
ensure that the base continues to play a key role in protecting our 
Nation.

[[Page 12732]]

  Accordingly, my amendment simply directs the Secretary of the Air 
Force to submit a report to the House and Senate Committees on Armed 
Services detailing the Air Force's plan for future aviation assets at 
the Niagara airbase. I want to thank Chairman Skelton and his staff for 
working with me to draft this amendment, and I urge the House to adopt 
it.
  Mr. ABERCROMBIE. Madam Chairman, I have the honor of serving as the 
Chairman of the Air and Land Forces Subcommittee.
  This bill is about balancing the capabilities and readiness of our 
current military forces with future required military capabilities.
  Our military personnel are at risk each and every day. Our first 
priority is to make sure our men and women in uniform are properly 
supported by ensuring our acquisition programs adequately support 
current military requirements.
  We cannot shortchange the current force for promised future 
capabilities when we are losing people everyday in Iraq and 
Afghanistan.
  The Air and Land Forces subcommittee's jurisdiction in this bill 
includes approximately $100 billion in Army and Air Force programs.
  Our priorities do not always agree with those of the Pentagon, but 
our objective is clear--to do our very best to ensure our military 
personnel get the best available equipment as soon as it can be 
properly tested--armored vehicles; body and vehicle armor; improvised 
explosive device jammers, unmanned aerial vehicles, small arms, night 
vision equipment, and related equipment.
  The bill addresses a number of key requirements:
  H.R. 1585 provides $4.1 billion in additional funds to fully fund a 
tactical vehicle referred to as M-RAP, or Mine Resistant Ambush 
Protected vehicle, to better protect our personnel against mines and 
improvised explosive devices. The budget request included less than 
$500 million to meet this $4.6 billion requirement which, as of last 
week, is now Secretary Gates' number one priority.
  Over a billion dollars is provided for Stryker combat vehicles.
  The bill fully funds body armor, Up-Armored Humvees, Armored Security 
vehicles, and vehicle add armor kits at $5.4 billion.
  The bill also provides $4.5 billion for programs established to 
counter improvised explosive devices.
  An additional billion dollars is provided for funding of National 
Guard and Reserve Equipment.
  Overall, the bill represents an increase of 40 percent for Army 
procurement accounts over last year's budget request.
  Ten C-17 strategic airlift aircraft have been added to the bill at a 
cost of over $2.4 billion, to maintain the C-17 production line and 
sustain the strategic airlift fleet.
  The Joint Strike Fighter competitive engine program has been funded 
at $480 million to provide two producers of engines for that program.
  We have had to make some difficult choices to fund the highest 
priority programs and stay within the budget top-line. Some programs 
will have to make adjustments. We understand that, and will work 
together as the process evolves to ensure that these adjustments can be 
accommodated as best as possible. In closing, I again want to thank my 
distinguished chairman and ranking members of the full committee and 
our subcommittee.
  This bill is deserving of a ``yes'' vote from every Member of this 
body.
  Mr. McKEON. Madam Chairman, I rise in support of H.R. 1585, the 
National Defense Authorization Act.
  First, let me extend my thanks to Armed Services Committee Chairman 
Skelton and Ranking Republican Duncan Hunter for bringing this partisan 
legislation to the Floor today. The bill before us authorizes funding 
for our national defense programs in the coming year, including our 
military operations in Iraq and Afghanistan. It enjoys the support of 
both Republicans and Democrats on the Armed Services Committee, and in 
fact was reported out of committee by a unanimous vote. I am very 
pleased to note that while some circumstances have changed in this 
Congress, the Armed Services Committee remains one in which Members on 
both sides of the aisle remain committed to comity, bipartisanship, and 
the best interests of our Nation's defense and our brave men and women 
in uniform. I congratulate both Chairman Skelton and Mr. Hunter on 
their successful efforts, and intend to vote in support of this bill 
later today.
  I would take this opportunity to raise concern with one of the 
amendments made in order under the rule, specifically, the Altmire/
Udall Amendment, which would expand employer mandates under the Family 
and Medical Leave Act. Let me state at the outset that I will not 
oppose this amendment, nor will I urge my Republican colleagues to do 
so. I do, however, for the record and for the good of this legislation 
going forward, want to note my strong concerns with this amendment.
  First, let me say that as a matter of procedure and responsible 
legislative process, I am deeply troubled that this amendment comes to 
the Floor today without so much as a cursory examination by the only 
committee of jurisdiction in the House, the Committee on Education and 
Labor, on which I serve as Senior Republican Member. The Altmire/Udall 
Amendment represents a significant expansion of the Family and Medical 
Leave Act, and would be the first such expansion in the 14-year history 
of the Act. Yet it has not been the subject of a single hearing in the 
Committee on Education and Labor, nor has any Member of the House or my 
Committee had the opportunity to examine the impact of this amendment 
in even the broadest sense. Where, as under this amendment, we are 
talking about expanding a federal mandate that potentially impacts 
large and small employers in every industry and every state in the 
union, I think we owe more to our constituents.
  I do not want my concern and my remarks to be construed as simply 
procedural, or solely a function of marking jurisdictional turf. While 
I do believe that respect for the committee legislative process is 
important, I want to make clear that I have substantive concerns as a 
matter of policy with the Altmire/Udall Amendment. The Amendment would 
appear to broadly expand the Family and Medical Leave Act, allowing any 
covered employee to make use of leave for ``any exigency'' that arises 
out of the fact that a family member is called to active duty. Now I am 
certain that Members on both sides of the aisle would agree that the 
question of whether and how we ensure that workers whose families have 
been impacted by a call-up to active duty are able to address 
legitimate needs is a valid question. I am concerned, however, that the 
language of the Altmire/Udall Amendment may go much further than 
intended, and potentially create an overly broad use of leave. 
Similarly, under the Amendment, an employee could use this leave 
intermittently, in very small increments, and in many instances, with 
potentially little or no advance notice to an employer.
  Earlier this year, the Department of Labor set forth a Request for 
Information seeking detailed evidence and recommendations for both 
regulatory and legislative changes to the Family and Medical Leave Act. 
That process is ongoing as we speak. Members on both sides of the aisle 
and various stakeholders have made clear that the Act deserves serious 
examination--particularly with respect to questions as to when and how 
leave can be taken, and what sorts of leave and notice are appropriate. 
In light of these facts, to embark on piecemeal expansion of one of the 
most significant federal labor laws adopted in the last 20 years, 
strikes me as irresponsible, and setting a very bad precedent.
  As I indicated, I think I understand the concerns of the sponsor that 
this amendment is intended to address, and I think those are concerns 
that many might share. For that reason, I will not oppose the 
amendment. I've made my concerns with both the substance and procedure 
of this amendment clear. I would hope that as this bill moves forward, 
and if we find ourselves in conference with the other body, we will 
take the necessary time to examine this amendment in detail, and work 
towards ensuring that it accomplishes its goals in a reasonable, 
responsible, and targeted way.
  Mr. PENCE. Madam Chairman, on Monday I was proud to visit with 
sailors at Naval Station Norfolk, the largest military station in the 
world. When the 78 ships and 133 aircraft home ported at Norfolk are 
not at sea, they are alongside one of the 14 piers or inside one of the 
15 aircraft hangars for repair, refit, training and to provide the 
ship's or squadron's crew an opportunity to be with their families.
  As I looked into the eyes of our brave men and women in uniform, I 
felt sick knowing that instead of getting the support they need in this 
fight, this Democratic Congress is pulling the rug out from under them. 
Democrats on the House Armed Services Committee rejected Republican 
efforts to adopt an amendment to H.R. 1585 that would have authorized 
emergency supplemental appropriations for Fiscal Year 2007.
  Madam Chairman, I rise today to condemn the Democratic plan to fund 
the war on the installment plan. Failure to pass an acceptable long-
term supplemental appropriations bill for FY07 is a clear and present 
danger to our troops in Iraq and Afghanistan, to the Department of 
Defense institutionally, and to its national security mission to defend 
the homeland.
  Tomorrow marks the 100th day since the administration asked Congress 
to provide funding for our troops. Because Congress has

[[Page 12733]]

not sent the President an acceptable supplemental funding bill, DoD 
will notify Congress today of its intent again to transfer an 
additional $1.4 billion from Navy and Air Force personnel accounts to 
fund on-going Army operations in the War on Terror. This funding will 
last about a week.
  This latest transfer request is the fifth one necessitated by the 
lack of supplemental funding. In sum, two have been necessary to fund 
Army operations, one to fund procurement of Mine Resistant Ambush 
Protected vehicles, one to bolster the Iraqi Security Forces, and one 
to counter improvised explosive devices.
  In addition to these transfers, the Army has moved funding originally 
allocated for fourth quarter expenses into the third quarter. The Army 
Operations and Maintenance account--the principal account that covers 
day-to-day Army operations--no longer has any funding available for the 
fourth quarter operations.
  Moving money around like this creates uncertainty and inefficiency, 
ultimately costing the taxpayers more money in the long run and 
wreaking havoc on existing contracts.
  The funding delay has already caused disruptions. Delays have limited 
DoD's ability to properly contract for the reconstitution of equipment 
for active and reserve forces. This increases the readiness risk of our 
military with each passing day. Needless delays in accelerated fielding 
of new force protection capabilities such as the Mine Resistant Ambush 
Protected vehicle and counter-lED technologies. Depletion of funds 
necessary to accelerate the training of Iraqi security forces.
  Without relief soon, the Department of Defense will be forced to take 
further drastic steps like halting training, delaying deployments and 
re-deployments, and/or resorting to the use of the Feed and Forage Act, 
which permits obligation of funds prior to appropriation in emergency 
situations, an extremely poor and disruptive way of waging a war on 
terror.
  Madam Chairman, our troops need funding and they need it now.


         2007 Reprogrammed funds for the Department of Defense

       DoD has $4.5 billion in General Transfer Authority. All 
     transfers in excess must come from other sources. War-related 
     reprogramming includes: Mine Resistant Ambush Protected 
     (MRAP) Vehicles: $32 million from emergency funding for 
     Humvees and radios; Iraq Security Forces Fund: $800 million 
     Under General Transfer Authority as well as various Army 
     military personnel, procurement, and research and development 
     programs (includes helicopter modifications, ammunition, and 
     communications equipment); IED Defeat: $825 million Under 
     General Transfer Authority from 4th quarter Navy and Air 
     Force personnel accounts funding; and Army Operations: $3 
     billion under General Transfer Authority from 4th quarter 
     Navy and Air Force personnel accounts funding.
       Total Requested Transfers: $4.918 billion.
       Total General Transfer Authority Remaining: $342 million.


Letter from Defense Secretary Robert Gates to Congressional leadership 
                   on incremental funding proposals:

       Delays have limited DoD's ability to properly contract for 
     the reconstitution of equipment for active and reserve 
     forces. The readiness risk of our military increases with 
     each passing day. The funding delay has caused needless 
     delays in accelerating fielding of new force protection 
     capabilities such as the Mine Resistant Ambush Protected 
     (MRAP) vehicles and counter-IED technologies.
       The delay has caused a depletion of funds necessary to 
     accelerate the training of Iraqi security forces. ``The 
     prospect of segmenting and further delaying funding that is 
     urgently needed can only result in additional disruption and 
     uncertainty in department operations . . . An organization 
     the size and complexity of the Department of Defense needs a 
     certain measure of funding stability and predictability. 
     Without it, compensatory measures are required that cause, at 
     best inefficiency and at worst a reduction in the 
     Department's ability to carry out its national security 
     mission.''


  Secretary of Defense Talkers (we received these from a friend that 
                   asked we not identify the source):

       Because Congress hasn't sent Congress an acceptable 
     supplemental funding bill, DoD will notify Congress of its 
     intent again to transfer an additional $1.4 billion. This 
     funding will only last about a week. The latest transfer 
     request is the 5th one necessitated by the lack of 
     supplemental funding. The Army has moved funding originally 
     allocated for fourth quarter expenses into the third quarter.
       The Army Operations and Maintenance account--the principal 
     account that covers day-to-day Army operations--no longer has 
     any funding available for fourth quarter operations. Without 
     relief soon, DoD will be forced to take further drastic steps 
     like halting training, delaying deployments and re-
     deployments, and/or resorting to the use of the Feed and 
     Forage Act, which permits obligation of funds prior to 
     appropriation in emergency situations, an extremely poor and 
     disruptive way of waging a war on terror.


    From April 16 Heritage Memo titled, ``Funding Needs Prompt Army 
                        Spending Constraints.''

       Beginning in mid-April, the Army will slow the purchase of 
     repair parts and other supplies, relying instead on existing 
     inventory to keep equipment operational. Joint Letter to 
     Chairman Obey from Gen. Peter J. Schoomaker, Adm. Michael G. 
     Mullen, Gen. T. Michael Moseley, and Gen. James T. Conway: 
     ``Without approval of the supplemental funds in April, the 
     Armed Services will be forced to take increasingly disruptive 
     measures in order to sustain combat operations. The impacts 
     on readiness and quality of life could be profound.''
       Gen. Peter Pace: After mid-April, ``the army has told us 
     that they will have to begin curtailing some training here at 
     home for Guard, Reserve, and for units, which means that the 
     baseline for those units will be reduced as far as their 
     capability, and when they're called, it will take them longer 
     to be ready and could, over time, delay their availability to 
     go back into combat.''
       Defense Secretary Robert Gates: ``This kind of disruption 
     to key programs will have a genuinely adverse effect on the 
     readiness of the Army and the quality of life for soldiers 
     and their families. I urge the Congress to pass the 
     supplemental as quickly as possible.''
  Mrs. JOANN DAVIS of Virginia. Madam Chairman, H.R. 1585 clearly 
focuses on the readiness of our troops.
  As a first step to improving the readiness of our forces, the bill 
requires the Secretary of Defense to include status of the National 
Guard in the quarterly readiness reports to Congress. Not only will 
this provide visibility on the status of our guard units to support the 
Federal mission, but will also provide updates to the Governors and to 
the Congress on the ability of these units to accomplish their civil 
support missions. The bill goes on to require the Secretary of Defense 
to report annually to Congress on the status of prepositioned stocks 
and to establish a timeline for reconstituting those prepositioned 
stocks in the event they are downloaded for use by our deployed troops. 
While these reporting requirements seem small, they will do a great 
deal to ensure that priority and necessary funding is applied to areas 
that need it the most.
  I would also like to highlight that this bill authorizes $250 million 
to address training shortfalls throughout the services and recommends 
$165 million above the President's budget request for depot 
maintenance. Properly funding depot maintenance ensures that the 
equipment our troops need to not only engage in combat operations, but 
to also train and prepare for deployment, is available and ready for 
them when they need it.
  Once again, I would like to state that I am proud of this legislation 
and I encourage all members to support it for the steps it takes to 
ensure our troops are ready to meet the needs of our nation.
  Mr. THOMPSON of Mississippi. Madam Chairman, I rise today to commend 
Chairman Ike Skelton and the staff of the Armed Services Committee for 
working to strengthen the National Guard. Support of the men and women 
who so bravely serve our Nation as citizen-soldiers is critical to our 
nation's security.
  Inclusion of several National Guard provisions in H.R. 1585, the 
National Defense Authorization Act for Fiscal Year 2008, sends a 
powerful message to our first military responders around the nation 
that we recognize their numerous contributions, many of which extend 
far beyond war fighting. As chairman of the Committee on Homeland 
Security, I am heartened that this legislation provides resources to 
the Guard's needs here at home for missions relevant to homeland 
security and sustainability in our States.
  Over the last 5 years, the Guard has nobly accepted and completed 
missions in Iraq, Afghanistan and elsewhere abroad. True to form, 
Guardsmen and women from almost every State have sacrificed a great 
deal, including in some instances their lives, to stay true to the 
motto of ``always ready, always there.''
  Provisions in this legislation will provide $1 billion to address the 
strain on Guard and Reserve units in the States who are facing critical 
equipment shortages. For the first time, we will ensure that State 
Guard units are prepared for homeland security missions such as 
disaster response. Equally important is language in this bill that will 
encourage integration between the National Guard Bureau and other 
Defense components, such as Northern Command, who share responsibility 
for protecting the homeland.
  In short, this legislation incorporates key recommendations from the 
Commission on the National Guard and Reserve. It takes us a step closer 
toward closing the gap between Guard units categorized as ready and 
Guard units resourced to be ready.

[[Page 12734]]


  Mr. LoBIONDO. Madam Chairman, I rise today in strong support of the 
Saxton-LoBiondo-Smith-Andrews amendment which will provide members of 
the Armed Services and their families living on military bases with 
more security. It would require a federal background check for 
unescorted civilians, including contractors and vendors.
  The security gap that exists at our Nation's military bases was 
highlighted by the recent plot against Fort Dix by terrorists. 
Fortunately due to the intervention of an ordinary citizen and the 
professionalism of the FBI, this plot to attack was thwarted. Next 
time, we might not be so fortunate.
  It is simply common sense that we should know who is entering our 
military bases and why they are there. Background checks on all 
contractors and vendors will help secure these sensitive facilities and 
ensure an additional layer of security for our servicemen and women who 
live and work on our military bases.
  I strongly urge that all Members vote for this amendment to protect 
our military bases and our military personnel and their families.
  Ms. MOORE of Wisconsin. Madam Chairman, as we debate the FY 2008 
Defense Authorization bill, I am pleased to note the effort by my 
colleagues in working to ensure that our national defense funding and 
policy are focused on programs that will make our country safer and 
provide our troops in harm's way with the resources they need today.
  I support making sure that Congress wisely, as well as robustly, 
provide for our national defense, including ensuring dollars are spent 
on systems that will actually protect our Nation and our allies. One of 
those systems drawing new attention during this debate is missile 
defense. Our country has already spent over $100 billion over the last 
several decades to develop various missile defense systems. These Cold 
War efforts for which annual funding has increased from $3 billion in 
the late 1990s to nearly $10 billion have yet to bear fruit, even as 
our country faces the grave threat posed by terrorists smuggling 
nuclear weapons into our country across our borders or through our 
ports.
  Supporters will point to successful tests recently of portions of 
this system. However, we all know the challenges of replicating limited 
success from carefully and highly scripted tests in real world 
conditions. Given that participants knew roughly when the test target 
would launch, what they would look like, how they would fly and what 
they would do, it may be even more concerning that these systems missed 
as often as they did.
  I am troubled when I hear experts such as the Government 
Accountability Office report that while costs have grown, less work is 
being completed than planned. GAO found that ``too few tests have been 
completed to have confidence in the models and simulations used to 
predict performance.'' One year after establishing 2006 goals for the 
program, the Missile Defense agency informed Congress that it planned 
to field fewer assets, reduce performance goals, and increase the 
program's cost goal.
  Our citizens and our allies and their citizens are not made safer by 
rushing to deploy technology that ``may'' protect them when called 
upon.
  The solution to a flat tire is not to blow more air into it. We 
cannot afford to expend valuable national defense dollars to develop 
technologies that we know today will not work at a time when these 
funds can be spent to improve our homeland security, provide needed 
equipment for our troops in the field, or increase foreign aid to our 
allies.
  I am sure there is no need to remind my colleagues that the $8.1 
billion provided in the bill for the missile system is more than is 
currently authorized for port security grants or included in the recent 
House-passed COPS reauthorization bill to put more police officers on 
our streets.
  Some have attempted to muddle this issue by inserting the nation of 
Israel into the missile defense issue. Our Nation recognizes the 
importance of our ally Israel and provides over $2 billion in foreign 
military aid to help that nation meet its unique security challenges. 
However, simply putting more unproven, insufficiently tested, and 
unreliable missile defense systems into the field does not make our 
country or our allies safer.
  I certainly believe the purpose of this $645 billion Defense 
authorization bill is to help make our country safer including 
assisting our allies. If we truly want to help protect important allies 
like Israel, let's develop and share with them defensive systems that 
will work effectively, reliably, and consistently. The history of this 
program has shown me that simply providing more funds will not 
accomplish that goal.
  The Acting CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in the bill is considered as an original bill for the purpose 
of amendment and is considered read.
  The text of the amendment in the nature of a substitute is as 
follows:

                               H.R. 1585

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

     SECTION 1. SHORT TITLE.

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

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

       (a) Divisions.--This Act is organized into three divisions 
     as follows:
       (1) Division A--Department of Defense Authorizations.
       (2) Division B--Military Construction Authorizations.
       (3) Division C--Department of Energy National Security 
     Authorizations and Other Authorizations.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

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

                       Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for M1A2 Abrams System 
              Enhancement Package vehicles.
Sec. 112. Multiyear procurement authority for M2A3 Bradley Fighting 
              Vehicles, M3A3 Cavalry Fighting Vehicles, and M2A3 
              Bradley Fire Support Team Vehicles.
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 Joint Network Node program 
              pending certification to Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System 
              production line pending report.

                       Subtitle C--Navy Programs

Sec. 121. Authority to transfer funds for submarine engineered 
              refueling overhauls and conversions and for aircraft 
              carrier refueling complex overhauls.
Sec. 122. Multiyear procurement authority for Virginia-class submarine 
              program.
Sec. 123. Limitation on final assembly of VH-71 Presidential transport 
              helicopters.
Sec. 124. Limitation on operational deployment of weapons system that 
              uses Trident missiles converted to carry conventional 
              payloads.
Sec. 125. Program to provide contractors with capital expenditure 
              incentives.
Sec. 126. Limitation on use of shipbuilding and conversion, Navy, funds 
              for employment of nonimmigrant workers.
Sec. 127. Limitation on concurrent design and construction on first 
              ship of a shipbuilding program.

                     Subtitle D--Air Force Programs

Sec. 131. Limitation on retiring C-5 aircraft.
Sec. 132. Limitation on Joint Cargo Aircraft.
Sec. 133. Clarification of limitation on retirement of U-2 aircraft.
Sec. 134. Repeal of requirement to maintain retired C-130E tactical 
              airlift 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 systems development and demonstration of Joint 
              Light Tactical Vehicle program.
Sec. 213. Requirement to obligate funds for development and procurement 
              of a competitive propulsion system for the Joint Strike 
              Fighter.
Sec. 214. Limitation on use of funds for manufacturing science and 
              technology program.

                 Subtitle C--Ballistic Missile Defense

Sec. 221. Oversight of Missile Defense Agency programs by Director of 
              Operational Test and Evaluation.
Sec. 222. Fielding of ballistic missile defense capabilities and future 
              roles and missions of Missile Defense Agency.
Sec. 223. Limitation on use of funds for replacing warhead on SM-3 
              Block IIA missile.

[[Page 12735]]

Sec. 224. Two-year extension of Comptroller General assessments of 
              ballistic missile defense programs.
Sec. 225. Independent study on deploying missile defense system in 
              Europe.
Sec. 226. Sense of Congress concerning full support for development and 
              fielding of a layered ballistic missile defense.

                       Subtitle D--Other Matters

Sec. 231. Responsibility for human systems integration activities.
Sec. 232. Expansion of authority for encouragement of technology 
              transfer.
Sec. 233. Army Venture Capital Fund demonstration.
Sec. 234. Independent tests for combat helmet pad suspension systems.
Sec. 235. Report on implementation of Manufacturing Technology Program.
Sec. 236. Assessment of sufficiency of test and evaluation personnel.
Sec. 237. Repeal of requirement for separate reports on technology area 
              review and assessment summaries.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense Programs.

                  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 Arctic Surplus Superfund Site, 
              Fairbanks, Alaska.
Sec. 313.  Payment to Environmental Protection Agency of stipulated 
              penalty in connection with Jackson Park Housing Complex, 
              Washington.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Increase in threshold amount for contracts for procurement of 
              capital assets in advance of availability of working-
              capital funds for the procurement.
Sec. 322. Authorization of availability of working-capital funds for 
              certain product improvements.
Sec. 323. Authorization of use of working-capital funds for acquisition 
              of certain items.
Sec. 324. Modification to public-private competition requirements 
              before conversion to contractor performance.
Sec. 325. Public-private competition at end of period specified in 
              performance agreement not required.
Sec. 326. Guidelines on insourcing new and contracted out functions.
Sec. 327. Additional requirements for annual report on public-private 
              competitions.
Sec. 328. Restriction on Office of Management and Budget influence over 
              Department of Defense public-private competitions.
Sec. 329. Bid Protests by Federal Employees in actions under Office of 
              Management Budget Circular A-76.
Sec. 330. Public-private competition required before conversion to 
              contractor performance.

              Subtitle D--Extension of Program Authorities

Sec. 331. Extension of Arsenal Support Program Initiative.
Sec. 332. Extension of period for reimbursement for helmet pads 
              purchased by members of the Armed Forces deployed in 
              contingency operations.

                          Subtitle E--Reports

Sec. 341. Inclusion of National Guard readiness for civil support 
              missions in quarterly personnel and unit readiness 
              report.
Sec. 342. Plan to improve readiness of active and reserve component 
              ground forces.
Sec. 343. Plan for optimal use of strategic ports by commander of 
              Surface Distribution and Deployment Command.
Sec. 344. Independent assessment of Civil Reserve Air Fleet viability.
Sec. 345. Annual report on prepositioned materiel and equipment.
Sec. 346. Conditions on relocation of North American Aerospace Defense 
              command center and related functions from Cheyenne 
              Mountain to Peterson Air Force Base.
Sec. 347. Report on public-private partnerships.

                       Subtitle F--Other Matters

Sec. 351. Increase in threshold amount for contracts for procurement of 
              capital assets in advance of availability of working-
              capital funds for the procurement.
Sec. 352. Authority for Department of Defense to provide support for 
              certain sporting events.
Sec. 353. Reasonable restrictions on payment of full replacement value 
              for lost or damaged personal property transported at 
              Government expense.
Sec. 354. 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. 355. Recovery of missing military property.
Sec. 356. Retention of Army combat uniforms by members of Army deployed 
              in support of contingency operations.
Sec. 357. Issue of serviceable material other than to Armed Forces.
Sec. 358. Prohibition on deactivation of 36th Rescue Flight.
Sec. 359. Limitation on expenditure of funds for initial flight 
              screening at Pueblo Memorial Airport.
Sec. 360. Reauthorization and modification of multi-trades 
              demonstration project.

              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.

                       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.
Sec. 422. Armed Forces Retirement Home.
Sec. 423. Offsetting transfers from National Defense Stockpile 
              Transaction Fund.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Assignment of officers to designated positions of importance 
              and responsibility.
Sec. 502. Increase in years of commissioned service threshold for 
              discharge of probationary officers and for use of force 
              shaping authority.
Sec. 503. Special promotion authority for Navy career military 
              professors.

                 Subtitle B--Reserve Component Matters

Sec. 511. Mandatory separation of Reserve officers in the grade of 
              lieutenant general or vice admiral after completion of 38 
              years of commissioned service.
Sec. 512. Constructive service credit upon original appointment of 
              reserve officers in certain health care professions.
Sec. 513. Maximum period of temporary Federal recognition of person as 
              Army National Guard officer or Air Force Reserve officer.
Sec. 514. Military technicians (dual status) in the Selected Reserve.
Sec. 515. Working group on reintegration of reserve component members 
              returning from deployment.
Sec. 516. National Guard yellow ribbon reintegration program.
Sec. 517. Advance notice to members of reserve components of deployment 
              in support of contingency operations.

                   Subtitle C--Education and Training

Sec. 521. Reduction or elimination of service obligation in an Army 
              Reserve or Army National Guard troop program unit for 
              certain persons selected as medical students at Uniformed 
              Services University of the Health Sciences.
Sec. 522. Increase in annual limit on number of ROTC scholarships under 
              Army Reserve and Army National Guard program.
Sec. 523. Revisions to authority to pay tuition for off-duty training 
              or education.
Sec. 524. National Defense University master's degree programs.
Sec. 525. Recodification in title 38, United States Code, of certain 
              educational assistance programs for members of the 
              reserve components.
Sec. 526. Secretary of Defense evaluation of the adequacy of the 
              degree-granting authorities of certain military 
              universities and educational institutions.
Sec. 527. Navy Junior Reserve Officers' Training Corps unit for 
              Southold, Mattituck, and Greenport high schools.

[[Page 12736]]

                Subtitle D--General Service Authorities

Sec. 531. Authority to reduce required service obligation for initial 
              appointment of qualified health professionals as officers 
              in critical specialties.
Sec. 532. Reenlistment in former enlisted grade after service as an 
              officer.

       Subtitle E--Military Justice and Legal Assistance Matters

Sec. 541. Authority to designate certain civilian employees of the 
              Federal Government as eligible for legal assistance from 
              Department of Defense legal staff resources.

                   Subtitle F--Decorations and Awards

Sec. 551. Authorization and request for award of Medal of Honor to 
              Leslie H. Sabo, Jr., for acts of valor during the Vietnam 
              War.
Sec. 552. Authorization and request for award of Medal of Honor to 
              Henry Svehla for acts of valor during the Korean War.
Sec. 553. Authorization and request for award of Medal of Honor to 
              Woodrow W. Keeble for acts of valor during the Korean 
              War.
Sec. 554. Authorization and request for award of Medal of Honor to 
              Private Philip G. Shadrach for acts of valor during the 
              Civil War.
Sec. 555. Authorization and request for award of Medal of Honor to 
              Private George D. Wilson for acts of valor as one of 
              Andrews Raiders during the Civil War.
Sec. 556. Cold War Victory Medal.

     Subtitle G--Impact Aid and Defense Dependents Education System

Sec. 561. Tuition assistance for military dependents in overseas areas 
              where schools operated by Defense Dependents' Education 
              System are not reasonably available.
Sec. 562. Continuation of authority to assist local educational 
              agencies that benefit dependents of members of the Armed 
              Forces and Department of Defense civilian employees.

                       Subtitle H--Other Matters

Sec. 571. Extension of authority to accept gifts, devises, or bequests 
              to benefit members of the Armed Forces, dependents, and 
              civilian employees of the Department of Defense.
Sec. 572. Uniform performance policies for military bands and other 
              musical units.
Sec. 573. Repeal of limitation on number of academies of Department of 
              Defense STARBASE Program in a single State.
Sec. 574. Combat veterans mentoring program for current members of the 
              Armed Forces.
Sec. 575. Recognition of members of the Monuments, Fine Arts, and 
              Archives program of the Civil Affairs and Military 
              Government Sections of the Armed Forces during and 
              following World War II.
Sec. 576. Program to commemorate 50th anniversary of the Vietnam War.

          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. Income replacement payments for reserve component members 
              experiencing extended and frequent mobilization for 
              active duty service.
Sec. 604. Participation of members of the uniformed services in Thrift 
              Savings Plan.
Sec. 605. Enhancement of referral bonus to encourage service in the 
              Army.
Sec. 606. Guaranteed pay increase for members of the Armed Forces of 
              one-half of one percentage point higher than Employment 
              Cost Index.

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Allowance for participation in Reserve screening conducted 
              through electronic means.
Sec. 632. Allowance for civilian clothing for members of the Armed 
              Forces traveling in connection with medical evacuation.
Sec. 633. Moving expenses for JROTC instructors who agree to serve in 
              hard-to-fill positions.
Sec. 634. Transportation of additional motor vehicle of members on 
              change of permanent station to or from nonforeign areas 
              outside the continental United States.
Sec. 635. Payment of inactive duty training travel costs for certain 
              Selected Reserve members.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Disregarding periods of confinement of member in determining 
              benefits for dependents who are victims of abuse by the 
              member.
Sec. 642. Continuation of authority for members of the Armed Forces to 
              designate a recipient for a portion of the death 
              gratuity.
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. Expansion of combat-related special compensation eligibility 
              for chapter 61 military retirees with fewer than 20 years 
              of creditable service.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

Sec. 651. Access to Defense Commissary and Exchange System by surviving 
              spouse and dependents of certain disabled veterans.
Sec. 652. Authority to continue commissary and exchange benefits for 
              certain involuntarily separated members of the Armed 
              Forces.
Sec. 653. Authorization of installment deductions from pay of employees 
              of executive branch 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. Expansion of education loan repayment program for members of 
              the Selected Reserve.
Sec. 672. Ensuring entry into United States after time abroad for 
              permanent resident alien military spouses and children.
Sec. 673. Overseas naturalization for military spouses and children.

                   TITLE VII--HEALTH CARE PROVISIONS

Sec. 701. 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. Fair pricing under pharmacy benefits program.
Sec. 704. Prohibition on conversion of military medical and dental 
              positions to civilian medical and dental positions.
Sec. 705.  Establishment of Nurse Practitioner Program.
Sec. 706. Services of mental health counselors.
Sec. 707. Extension of pilot program for health care delivery.
Sec. 708. Stipend for members of Reserve Components for health care for 
              certain dependents.
Sec. 709. Joint Pathology Center.
Sec. 710. Report on training in preservation of remains under combat or 
              combat-related conditions.
Sec. 711. Pre- and post-deployment assessments for the purpose of 
              determining the cognitive functioning and brain health of 
              deployed members of the Armed Forces.
Sec. 712. Guaranteed funding for Walter Reed Army Medical Center.

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

             Subtitle A--Acquisition Policy and Management

Sec. 801. Definition of commercial services.

[[Page 12737]]

Sec. 802. Acquisition workforce provisions.
Sec. 803. Guidance on defense procurements made through contracts of 
              other agencies.
Sec. 804. Prohibition on procurement from beneficiaries of foreign 
              subsidies.
Sec. 805. Prohibition on procurement from companies in violation of the 
              Iran and Syria Nonproliferation Act.
Sec. 806. Lead systems integrators.
Sec. 807. Procurement goal for Native Hawaiian-serving institutions and 
              Alaska Native-serving institutions.
Sec. 808. Reinvestment in domestic sources of strategic materials.
Sec. 809. Clarification of the protection of strategic materials 
              critical to national security.
Sec. 810. Debarment of contractors convicted of criminal violations of 
              the Arms Export Control Act.

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

Sec. 811. Change to the Truth in Negotiations Act exception for the 
              acquisition of a commercial item.
Sec. 812. Clarification of submission of cost or pricing data on 
              noncommercial modifications of commercial items.
Sec. 813. Plan for restricting Government-unique contract clauses on 
              commercial contracts.
Sec. 814. Extension of authority for use of simplified acquisition 
              procedures for certain commercial items.
Sec. 815. Extension of authority to fill shortage category positions 
              for certain federal acquisition positions.
Sec. 816. Extension of authority to carry out certain prototype 
              projects.
Sec. 817. Clarification of limited acquisition authority for special 
              operations command.
Sec. 818. Exemption of special operations command from certain 
              requirements for contracts relating to vessels, aircraft, 
              and combat vehicles.
Sec. 819. Provision of authority to maintain equipment to unified 
              combatant command for joint warfighting.

               Subtitle C--Accountability in Contracting

Sec. 821. Limitation on length of noncompetitive contracts.
Sec. 822. Maximizing fixed-price procurement contracts.
Sec. 823. Public disclosure of justification and approval documents for 
              noncompetitive contracts.
Sec. 824. Disclosure of Government contractor audit findings.
Sec. 825. Study of acquisition workforce.
Sec. 826. Report to Congress.

         Subtitle D--Contracts Relating to Iraq and Afghanistan

Sec. 831. Memorandum of understanding on matters relating to 
              contracting.
Sec. 832. Comptroller General reviews and reports on contracting in 
              Iraq and Afghanistan.
Sec. 833. Definitions.
Sec. 834. Competition for equipment supplied to Iraq and Afghanistan.

                       Subtitle E--Other Matters

Sec. 841. Rapid Commercial Information Technology Identification 
              Demonstration Project.
Sec. 842. Report to Congress required on delays in major phases of 
              acquisition process for major automated information 
              system programs.
Sec. 843. Requirement for licensing of certain military designations 
              and likenesses of weapons systems to toy and hobby 
              manufacturers.
Sec. 844. Change in grounds for waiver of limitation on service 
              contract to acquire military flight simulator.
Sec. 845. Evaluation of cost of compliance with requirement to buy 
              certain articles from American sources.
Sec. 846. Requirements relating to waivers of certain domestic source 
              limitations.
Sec. 847. Multiple cost threshold breaches.
Sec. 848. Phone cards.
Sec. 849. Jurisdiction under Contract Disputes Act of 1978 over claims, 
              disputes, and appeals arising out of maritime contracts.
Sec. 850. Clarification of jurisdiction of the United States district 
              courts to hear bid protest disputes involving maritime 
              contracts.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Additional requirements relating to limitation on major 
              Department of Defense headquarters activities personnel.
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. Revisions in functions and activities of special operations 
              command.
Sec. 905. Redesignation of the Department of the Navy as the Department 
              of the Navy and Marine Corps.
Sec. 906. Management system of the Department of Defense.
Sec. 907. Acquisition parity for Special Operations Command.
Sec. 908. Department of Defense Board of Actuaries.

                      Subtitle B--Space Activities

Sec. 911. Space protection policy and strategy.
Sec. 912. Biennial report on management of space cadre within the 
              Department of Defense.

             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.

                Subtitle D--Intelligence-Related Matters

Sec. 931. Reports on foreign language proficiency.
Sec. 932. 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. Analysis and organization of roles and missions of Department 
              of Defense.
Sec. 942. Identification of core competencies of the military 
              departments and other entities within the Department of 
              Defense.
Sec. 943. Review of capabilities of the military departments and other 
              entities.
Sec. 944. Joint Requirements Oversight Council additional duties 
              relating to core mission areas.
Sec. 945. Requirement for certification of major systems prior to 
              technology development.
Sec. 946. Presentation of future-years mission budget by core mission 
              area.
Sec. 947. Future capability planning by Joint Requirements Oversight 
              Council.

                       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.

                      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.

          Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Limitation on leasing of foreign-built 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.

                          Subtitle D--Reports

Sec. 1031. Extension and modification of report relating to hardened 
              and deeply buried targets.
Sec. 1032. Comptroller General review of the Joint Improvised Explosive 
              Device Defeat Organization.
Sec. 1033. Report on a national joint modeling and simulation 
              development strategy.

                       Subtitle E--Other Matters

Sec. 1041. Enhancement of corrosion control and prevention functions 
              within Department of Defense.
Sec. 1042. Support by National Guard for national special security 
              events and other critical national security activities.
Sec. 1043. Improved authority to provide rewards for assistance in 
              combating terrorism.
Sec. 1044. Revision of proficiency flying definition.
Sec. 1045. Support for non-Federal development and testing of material 
              for chemical agent defense.
Sec. 1046. Congressional Commission on the Strategic Posture of the 
              United States.
Sec. 1047. Technical and clerical amendments.
Sec. 1048. Repeal of certification requirement.
Sec. 1049. Prohibition on sale by Department of Defense of parts for F-
              14 fighter aircraft.
Sec. 1050. Maintenance of capability for space-based nuclear detection.
Sec. 1051. Additional weapons of mass destruction civil support teams.
Sec. 1052. Sense of Congress regarding need to replace Army M109 155mm 
              self-propelled howitzer.
Sec. 1053. Sense of Congress regarding detainees at Naval Station, 
              Guantanamo Bay, Cuba.
Sec. 1054. Repeal of provisions in section 1076 of Public Law 109-364 
              relating to use of Armed Forces in major public 
              emergencies.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Compensation for Federal wage system employees for certain 
              travel hours.
Sec. 1102. Special benefits for civilian employees assigned on 
              deployment temporary change of station.

[[Page 12738]]

Sec. 1103. Accumulation of annual leave by senior level employees.
Sec. 1104. Travel compensation for wage grade personnel.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Annuity commencing dates.
Sec. 1108. 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. 1109. 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 a combat zone.
Sec. 1110. Use of leave transfer program by wounded veterans who are 
              Federal employees.
Sec. 1111. Requirement for full implementation of personnel 
              demonstration project.

             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. Expansion of program to build the capacity of foreign 
              military forces to include Pakistan's other security 
              forces.
Sec. 1207. Authority to provide assistance to foreign nations to assist 
              in recovery and accounting activities 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, projects, and 
              activities carried out by the Department of Defense.

                  Subtitle B--Matters Relating to Iraq

Sec. 1221. Modification of authorities relating to the Special 
              Inspector General for Iraq Reconstruction.
Sec. 1222. Continuation of prohibition on establishment of permanent 
              military installations in Iraq or United States control 
              over oil resources of Iraq.
Sec. 1223. Report on Department of Defense efforts to build the 
              capacity of the Government of Iraq to carry out 
              reconstruction activities in Iraq.
Sec. 1224. Report on implementation of Multi-National Forces-Iraq/
              United States Embassy Baghdad Joint Campaign Plan and 
              efforts to achieve political reform in Iraq.
Sec. 1225. Report on training of the Iraqi Security Forces.
Sec. 1226. Sense of Congress on responsibilities of the Iraqi Council 
              of Representatives to enact laws to achieve political 
              reform and diminish support for the insurgency in Iraq.

              Subtitle C--Matters Relating to Afghanistan

Sec. 1231. Special Inspector General for Afghanistan Reconstruction.
Sec. 1232. Report on progress toward security and stability in 
              Afghanistan.
Sec. 1233. Report on progress of the Department of Defense's counter-
              narcotics program for Afghanistan.
Sec. 1234. United States plan for sustaining the Afghanistan National 
              Security Forces.

                       Subtitle D--Other Matters

Sec. 1241. Cooperative research and development agreements: NATO 
              organizations; allied and friendly foreign countries.
Sec. 1242. Extension of Counterproliferation Program Review Committee.
Sec. 1243. Sense of Congress concerning the Western Hemisphere 
              Institute for Security Cooperation.
Sec. 1244. Sense of Congress concerning the strategic military 
              capabilities and intentions of the People's Republic of 
              China.

  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. New initiatives for the Cooperative Threat Reduction 
              Program.
Sec. 1304. Requirements relating to chemical weapons destruction at 
              Shchuch'ye, Russia.
Sec. 1305. Repeal of restrictions on Cooperative Threat Reduction 
              Program.
Sec. 1306. Authority to use Cooperative Threat Reduction funds outside 
              the former Soviet Union.

                 TITLE XIV--WOUNDED WARRIOR ASSISTANCE

Sec. 1401. Definitions.

          Subtitle A--Improved Assistance for Wounded Warriors

Sec. 1411. Improvements to medical and dental care for members of the 
              Armed Forces assigned to hospitals in an outpatient 
              status.
Sec. 1412. Establishment of a Department of Defense-wide Ombudsman 
              Office.
Sec. 1413. Establishment of toll-free hot line for reporting 
              deficiencies in medical-related support facilities and 
              expedited response to reports of deficiencies.
Sec. 1414. Notification to Congress of hospitalization of combat 
              wounded service members.
Sec. 1415. Independent medical advocate for members before medical 
              evaluation boards.
Sec. 1416. Training and workload for physical evaluation board liaison 
              officers.
Sec. 1417. Standardized training program and curriculum for Department 
              of Defense disability evaluation system.
Sec. 1418. Improved training for health care professionals, medical 
              care case managers, and service member advocates on 
              particular conditions of recovering service members.
Sec. 1419. Pilot program to establish an Army Wounded Warrior Battalion 
              at an appropriate active duty base.
Sec. 1420. Criteria for removal of member from temporary disability 
              retired list.
Sec. 1421. Improved transition of members of the Armed Forces to 
              Department of Veterans Affairs upon retirement or 
              separation.
Sec. 1422. Establishment of Medical Support Fund for support of members 
              of the Armed Forces returning to military service or 
              civilian life.
Sec. 1423. Oversight Board for Wounded Warriors.
Sec. 1424. Option for members of reserve components to use military 
              medical treatment facilities closest to home for certain 
              injuries.
Sec. 1425. Plans and research for reducing post traumatic stress 
              disorder.

                    Subtitle B--Studies and Reports

Sec. 1431. Annual report on military medical facilities.
Sec. 1432. Access of recovering service members to adequate outpatient 
              residential facilities.
Sec. 1433. Evaluation and report on Department of Defense and 
              Department of Veterans Affairs disability evaluation 
              systems.
Sec. 1434. Study and report on support services for families of 
              recovering service members.
Sec. 1435. Report on traumatic brain injury classifications.
Sec. 1436. Evaluation of the Polytrauma Liaison Officer/Non-
              Commissioned Officer Program.
Sec. 1437. Study and report on standard soldier patient tracking 
              system.
Sec. 1438. Study and report on waiting periods for appointments at 
              Department of Veterans Affairs medical facilities.

                     Subtitle C--General Provisions

Sec. 1451. Moratorium on conversion to contractor performance of 
              Department of Defense functions at military medical 
              facilities.
Sec. 1452. Prohibition on transfer of resources from medical care.
Sec. 1453. Increase in physicians at hospitals of the Department of 
              Veterans Affairs.

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

Sec. 1501. Purpose and statement of congressional policy.
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. Authorized Army construction and land acquisition projects.
Sec. 1516. Authorized Navy construction and land acquisition projects.
Sec. 1517. Treatment as additional authorizations.

                 TITLE XVI--NATIONAL GUARD ENHANCEMENT

Sec. 1601. Short title.

                   Subtitle A--National Guard Bureau

Sec. 1611. Enhancement of duties and position of Chief of the National 
              Guard Bureau.
Sec. 1612. Establishment of National Guard Bureau as joint activity of 
              Department of Defense.

[[Page 12739]]

Sec. 1613. Enhancement of functions of National Guard Bureau.
Sec. 1614. Requirement for Secretary of Defense to prepare annual plan 
              for response to natural disasters and terrorist events.
Sec. 1615. Determination of Department of Defense civil support 
              requirements.
Sec. 1616. Conforming and clerical amendments.

          Subtitle B--Additional Reserve Component Enhancement

Sec. 1621. United States Northern Command.
Sec. 1622. Council of Governors.
Sec. 1623. Reserve Policy Board.
Sec. 1624. Requirements for certain high-level positions to be held by 
              reserve component general or flag officers.
Sec. 1625. Retirement age and years of service limitations on certain 
              reserve general and flag officers.
Sec. 1626. Additional reporting requirements relating to National Guard 
              equipment.

             TITLE XVII--DEFENSE READINESS PRODUCTION BOARD

Sec. 1701. Purpose.
Sec. 1702. Establishment of Defense Readiness Production Board.
Sec. 1703. Defense Production Industry Advisory Council.
Sec. 1704. Role of Chairman of Board in certain reporting processes.
Sec. 1705. Authority to use multiyear contracts.
Sec. 1706. Transfer authority.
Sec. 1707. Special authority for use of working capital funds for 
              critical readiness requirements.
Sec. 1708. Strategic Readiness Fund.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
              2006 project.

                            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. 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. Modification of authority to carry out certain fiscal year 
              2006 project.

                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorized base closure and realignment activities funded 
              through Department of Defense Base Closure Account 2005.
Sec. 2404. Authorization of appropriations, Defense Agencies.

   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 Guard and Reserve construction and land 
              acquisition projects.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
              specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2005 
              projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2004 
              projects.
Sec. 2704. Effective date.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Temporary authority to support revitalization of Department 
              of Defense laboratories through unspecified minor 
              military construction projects.
Sec. 2802. Increased threshold for congressional notification of leases 
              for military family housing facilities in foreign 
              countries.
Sec. 2803. Limitation on use of alternative authority for acquisition 
              and improvement of military housing for privatization of 
              temporary lodging facilities.
Sec. 2804. Expansion of authority to exchange reserve component 
              facilities.
Sec. 2805. Extension of authority to accept cash equalization payments 
              for reserve component facility exchanges.
Sec. 2806. Authority to use operation and maintenance funds for 
              construction projects outside the United States.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Continued consolidation of real property provisions without 
              substantive change.
Sec. 2812. Cooperative agreement authority for management of cultural 
              resources on certain sites outside military 
              installations.
Sec. 2813. Agreements to limit encroachments and other constraints on 
              military training, testing, and operations.
Sec. 2814. Expansion to all military departments of Army pilot program 
              for purchase of certain municipal services for military 
              installations.
Sec. 2815. Retention of proceeds from enhanced use leases at Selfridge 
              Air National Guard Base.
Sec. 2816. Prohibition on commercial flights into Selfridge Air 
              National Guard Base.

                Subtitle C--Base Closure and Realignment

Sec. 2821. Transfer of funds from Department of Defense Base Closure 
              Account 2005 to Department of Defense Housing Funds.

                      Subtitle D--Land Conveyances

Sec. 2831. Conditions on acquisition of land for expansion of Pinon 
              Canyon Maneuver Site, Colorado.
Sec. 2832. Grant of easement, Eglin Air Force Base, Florida.
Sec. 2833. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2834. Additional conditions on lease of property for headquarters 
              facility for United States Southern Command, Florida.
Sec. 2835. Transfer of jurisdiction, former Nike missile site, Grosse 
              Isle, Michigan.
Sec. 2836. Land Exchange, Fort Hood, Texas.
Sec. 2837. Exchange of jurisdiction over real property involving Fort 
              Belvoir, Virginia.
Sec. 2838. Modification of conveyance authority, Marine Corps Base, 
              Camp Pendleton, California.

                      Subtitle E--Energy Security

Sec. 2851. Repeal of congressional notification requirement regarding 
              cancellation ceiling for Department of Defense energy 
              savings performance contracts.
Sec. 2852. Report on opportunities for leveraging funds of the 
              Department of Defense and States to prevent disruption in 
              event of electric grid or pipeline failures.

                       Subtitle F--Other Matters

Sec. 2861. Revised deadline for transfer of Arlington Naval Annex to 
              Arlington National Cemetery.
Sec. 2862. Transfer of jurisdiction over Air Force Memorial to 
              Department of the Air Force.
Sec. 2863. Establishment of national military working dog teams 
              monument on suitable military installation.
Sec. 2864. Naming housing facility at Fort Carson, Colorado, in honor 
              of the Honorable Joel Hefley, a former member of the 
              United States House of Representatives.
Sec. 2865. Naming Navy and Marine Corps Reserve Center at Rock Island, 
              Illinois, in honor of the Honorable Lane Evans, a former 
              member of the United States House of Representatives.
Sec. 2866. 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. 2867. 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. 2868. Naming of Logistics Automation Training Facility, Army 
              Quartermaster Center and School, Fort Lee, Virginia, in 
              honor of General Richard H. Thompson.

 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.

[[Page 12740]]

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Study on using existing pits for the Reliable Replacement 
              Warhead program.
Sec. 3112. National Nuclear Security Administration study on nuclear 
              weapons complex protective forces.
Sec. 3113. Report on retirement and dismantlement of nuclear warheads.
Sec. 3114. Assessment of security risks posed to nuclear weapons 
              complex.
Sec. 3115. Department of Energy report on plan to strengthen and expand 
              International Radiological Threat Reduction program.
Sec. 3116. Department of Energy report on plan to strengthen and expand 
              Materials Protection, Control, and Accounting program.
Sec. 3117. Authority to use International Nuclear Materials Protection 
              and Cooperation program funds outside the former Soviet 
              Union.
Sec. 3118. Increased authority for ombudsman under Energy Employees 
              Occupational Illness Compensation Program.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously 
              authorized disposals from the national defense stockpile.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                  TITLE XXXV--MARITIME ADMINISTRATION

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

     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

Sec. 111. Multiyear procurement authority for M1A2 Abrams System 
              Enhancement Package vehicles.
Sec. 112. Multiyear procurement authority for M2A3 Bradley Fighting 
              Vehicles, M3A3 Cavalry Fighting Vehicles, and M2A3 
              Bradley Fire Support Team Vehicles.
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 Joint Network Node program 
              pending certification to Congress.
Sec. 116. Prohibition on closure of Army Tactical Missile System 
              production line pending report.

                       Subtitle C--Navy Programs

Sec. 121. Authority to transfer funds for submarine engineered 
              refueling overhauls and conversions and for aircraft 
              carrier refueling complex overhauls.
Sec. 122. Multiyear procurement authority for Virginia-class submarine 
              program.
Sec. 123. Limitation on final assembly of VH-71 Presidential transport 
              helicopters.
Sec. 124. Limitation on operational deployment of weapons system that 
              uses Trident missiles converted to carry conventional 
              payloads.
Sec. 125. Program to provide contractors with capital expenditure 
              incentives.
Sec. 126. Limitation on use of shipbuilding and conversion, Navy, funds 
              for employment of nonimmigrant workers.
Sec. 127. Limitation on concurrent design and construction on first 
              ship of a shipbuilding program.

                     Subtitle D--Air Force Programs

Sec. 131. Limitation on retiring C-5 aircraft.
Sec. 132. Limitation on Joint Cargo Aircraft.
Sec. 133. Clarification of limitation on retirement of U-2 aircraft.
Sec. 134. Repeal of requirement to maintain retired C-130E tactical 
              airlift aircraft.

              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, $3,928,139,000.
       (2) For missiles, $2,114,902,000.
       (3) For weapons and tracked combat vehicles, 
     $3,311,117,000.
       (4) For ammunition, $2,238,176,000.
       (5) For other procurement, $11,465,456,000.
       (6) For the Joint Improvised Explosive Device Defeat Fund, 
     $500,000,000.

     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, $12,750,767,000.
       (2) For weapons, including missiles and torpedoes, 
     $3,058,387,000.
       (3) For shipbuilding and conversion, $15,744,120,000.
       (4) For other procurement, $5,443,612,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2008 for procurement for the 
     Marine Corps in the amount of $2,580,257,000.
       (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 $1,060,484,000.

     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, $12,356,270,000.
       (2) For ammunition, $868,917,000.
       (3) For missiles, $5,138,002,000.
       (4) For other procurement, $15,441,762,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for Defense-wide procurement in the amount of 
     $3,537,834,000.

     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 
     $1,131,850,000.

                       Subtitle B--Army Programs

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

       (a) Authority.--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 procurement of M1A2 Abrams 
     System Enhancement Package vehicles.
       (b) Limitation on Term of Contract.--Notwithstanding 
     subsection (k) of section 2306b of title 10, United States 
     Code, a contract under this section may not be for a period 
     in excess of five program years.

     SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3 BRADLEY 
                   FIGHTING VEHICLES, M3A3 CAVALRY FIGHTING 
                   VEHICLES, AND M2A3 BRADLEY FIRE SUPPORT TEAM 
                   VEHICLES.

       (a) Authority.--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 procurement of M2A3 
     Bradley Fighting Vehicles, M3A3 Cavalry Fighting Vehicles, 
     and M2A3 Bradley Fire Support Team Vehicles.
       (b) Limitation on Term of Contract.--Notwithstanding 
     subsection (k) of section 2306b of title 10, United States 
     Code, a contract under this section may not be for a period 
     in excess of four program years.

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

       (a) Authority.--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.
       (b) Limitation on Term of Contract.--Notwithstanding 
     subsection (k) of section 2306b of title 10, United States 
     Code, a contract under this section may not be for a period 
     in excess of five program years.

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

       (a) Authority.--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 procurement of CH-47F 
     helicopters.
       (b) Limitation on Term of Contract.--Notwithstanding 
     subsection (k) of section 2306b of title 10, United States 
     Code, a contract under this section may not be for a period 
     in excess of five program years.

     SEC. 115. LIMITATION ON USE OF FUNDS FOR JOINT NETWORK NODE 
                   PROGRAM PENDING CERTIFICATION TO CONGRESS.

       Of the amounts authorized to be appropriated for fiscal 
     year 2008 for Other Procurement, Army, that are available for 
     the Joint Network Node program, not more than 50 percent may 
     be obligated or expended until the Secretary of the Army 
     submits to the congressional defense committees the 
     Secretary's certification, in writing, that--
       (1) the Joint Network Node program is a program of record 
     in accordance with Department of Defense Instruction 5000.2, 
     ``Operation of the Defense Acquisition System'', dated May 
     12, 2003;
       (2) the Director of Operational Test and Evaluation has 
     approved a plan for an operational

[[Page 12741]]

     test and evaluation of the Joint Network Node system; and
       (3) the Army plans to procure all future lots of equipment 
     for the Joint Network Node program through a competitive bid 
     process.

     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 commence, 
     continue, or complete the closure of the production line for 
     the Army Tactical Missile System program until at least 120 
     days 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 elements of the 
     Armed Forces;
       (2) a plan to mitigate any shortfalls in the industrial 
     base that would be created by the closure of the production 
     line; and
       (3) a plan to replace the Army's capability to perform long 
     range surface-to-surface strike and counter battery missions.
       (b) Submission of Report.--The report referred to in 
     subsection (a) is required not later than April 1, 2008.

                       Subtitle C--Navy Programs

     SEC. 121. AUTHORITY TO TRANSFER FUNDS FOR SUBMARINE 
                   ENGINEERED REFUELING OVERHAULS AND CONVERSIONS 
                   AND FOR AIRCRAFT CARRIER REFUELING COMPLEX 
                   OVERHAULS.

       (a) In General.--Chapter 633 of title 10, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 7317. Transfer of funds for submarine engineered 
       refueling overhauls and conversions and for aircraft 
       carrier refueling complex overhauls

       ``(a) Authority.--From amounts made available to the 
     Department of Defense for fiscal year 2008 or any fiscal year 
     thereafter, the Secretary of Defense may transfer, to the 
     account for procurement, Navy, for shipbuilding and 
     conversion, such amounts as the Secretary determines 
     necessary to cover the costs of submarine engineered 
     refueling overhauls and conversions or aircraft carrier 
     refueling complex overhauls. Amounts so transferred shall be 
     merged with and be available for the same purposes and for 
     the same time period as the appropriation to which 
     transferred. This transfer authority is in addition to any 
     other transfer authority available to the Secretary.
       ``(b) Determination.--The authority under this section may 
     be exercised only where the Secretary determines that the 
     transfer of funds is required because of the discovery, 
     during the overhaul or conversion concerned, of unanticipated 
     and emergent maintenance or repair.
       ``(c) Notification.--A transfer may be made under this 
     section if--
       ``(1) the Secretary determines that the overhaul or 
     conversion concerned can be completed, so as to return the 
     submarine or aircraft carrier to a full operational status, 
     with that transfer; and
       ``(2) the Secretary submits to the congressional defense 
     committees a written notification of the determination 
     required by subsection (b) and the determination required by 
     paragraph (1), together with explanations of the basis for 
     each such determination.
       ``(d) Limitation of $20,000,000.--An overhaul or conversion 
     may receive one or more transfers under this section, but may 
     not receive more than $20,000,000 in such transfers, 
     regardless of fiscal year.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``7317. Transfer of funds for submarine engineered refueling overhauls 
              and conversions and for aircraft carrier refueling 
              complex overhauls.''.

     SEC. 122. 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 2008 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 2306(b) 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. 123. LIMITATION ON FINAL ASSEMBLY OF VH-71 PRESIDENTIAL 
                   TRANSPORT HELICOPTERS.

       (a) In General.--No funds appropriated pursuant to an 
     authorization of appropriations or otherwise made available 
     for aircraft procurement, Navy, may be obligated or expended 
     for the final assembly of more than five VH-71 Presidential 
     transport helicopters.
       (b) Exception.--The limitation in subsection (a) does not 
     apply to a helicopter if the final assembly of the helicopter 
     is carried out in the United States.

     SEC. 124. LIMITATION ON OPERATIONAL DEPLOYMENT OF WEAPONS 
                   SYSTEM THAT USES TRIDENT MISSILES CONVERTED TO 
                   CARRY CONVENTIONAL PAYLOADS.

       (a) Limitation.--No funds appropriated or otherwise 
     available to the Department of Defense for fiscal year 2008 
     may be obligated or expended for operational deployment of a 
     weapons system that uses Trident missiles converted to carry 
     conventional payloads.
       (b) Notification.--Within 30 days after the date on which 
     the Secretary of Defense determines that the weapons system 
     referred to in subsection (a) is fully functional and that 
     fielding the weapons system is necessary to meet military 
     requirements, the Secretary shall submit to the congressional 
     defense committees notification, in writing, of that 
     determination.

     SEC. 125. PROGRAM TO PROVIDE CONTRACTORS WITH CAPITAL 
                   EXPENDITURE INCENTIVES.

       (a) In General.--From amounts made available for 
     procurement, Navy, for shipbuilding and conversion, for 
     fiscal year 2008 or any fiscal year thereafter, the Secretary 
     of the Navy may carry out a program under which the Secretary 
     provides contractors with capital expenditure incentives to 
     support investment in facilities and process improvements for 
     current and future Navy vessel construction contracts.
       (b) Use of Funds.--Amounts provided to a contractor under 
     the program may be used for improvements that benefit any one 
     or more of the shipbuilding programs in the contractor's 
     facilities.
       (c) Analysis Required.--Amounts may be provided to a 
     contractor under the program only if the contractor presents 
     a proposal containing a fully supported analysis that 
     demonstrates that the investment would lead to ship 
     construction or life cycle savings to the Federal Government 
     by--
       (1) improvements in design, material, technology, or 
     manufacturing process;
       (2) investing in shipyard infrastructure that would support 
     construction process improvement;
       (3) investing in specialized workforce training, including 
     apprenticeship training programs; or
       (4) investing in construction process that would reduce 
     life cycle maintenance costs of the vessels under 
     construction at the contractor's facilities.
       (d) Approval.--The Secretary shall not provide amounts to a 
     contractor under the program unless the Secretary determines 
     that--
       (1) the analysis contained in the proposal is sound; and
       (2) providing those amounts is in the best interests of the 
     United States.
       (e) Demonstration of Savings to the Federal Government.--
     The Secretary shall not provide amounts to a contractor under 
     the program unless the Secretary and the contractor, as part 
     of the approval process for a proposal, agree to measures, 
     benchmarks, and recoupment provisions in the event the 
     investment fails to demonstrate savings to the Federal 
     Government.
       (f) Report.--At the end of each fiscal year, beginning with 
     fiscal year 2008, the Secretary shall submit to the 
     congressional defense committees a report on the activities 
     carried out under this section during that fiscal year. The 
     report shall describe each incentive approved during that 
     fiscal year and, for each such incentive, include an estimate 
     of the costs of providing the incentive and an analysis of 
     the potential savings to the Federal Government from the 
     investment.
       (g) Regulations.--The Secretary shall prescribe regulations 
     to carry out this section. The initial regulations shall be 
     prescribed not later than 180 days after the date of the 
     enactment of this Act.

     SEC. 126. LIMITATION ON USE OF SHIPBUILDING AND CONVERSION, 
                   NAVY, FUNDS FOR EMPLOYMENT OF NONIMMIGRANT 
                   WORKERS.

       (a) Limitation on the Use of Funds.--
       (1) In general.--Except as provided in subsection (c), 
     funds appropriated or otherwise available to the Department 
     of Defense for Shipbuilding and Conversion, Navy, for fiscal 
     year 2008 or any fiscal year thereafter may not be used for 
     the purpose of ship construction at the facility of a 
     contractor who, for the purposes of United States Navy ship 
     construction, employs or contracts for foreign workers who 
     are legally present in the United States under a H2B visa.
       (2) Contractors covered.--Paragraph (1) applies to prime 
     contractors and subcontracts at any tier under such 
     contracts.
       (b) Analysis of Shipyard Labor.--
       (1) In general.--The Assistant Secretary of the Navy for 
     Research, Development, and Acquisition shall maintain a five-
     year forecast of potential labor surplus, by shipyard, for 
     each of the shipyards that construct ships for the Navy based 
     on the Navy's annual naval vessel construction plan required 
     by section 231 of title 10, United States Code.
       (2) Inclusion in plan.--The forecast required by paragraph 
     (1) shall be included in each plan submitted in accordance 
     with section 231 of title 10, United States Code.
       (c) Exception for Shortage of United States Workers.--The 
     Secretary of the Navy may waive the restriction in subsection 
     (a) for a contractor for a fiscal year if the contractor 
     certifies to the Secretary for that fiscal year that--
       (1) the contractor has fully complied with all existing 
     laws and regulations regarding labor certifications in 
     support of an application for alien employment via the H2B 
     visa process;

[[Page 12742]]

       (2) a Department of Labor regional certifying officer has 
     issued a determination approving such an application, in 
     accordance with existing laws and regulations; and
       (3) the contractor has attempted to recruit United States 
     shipyard workers in the geographical area surrounding 
     shipyards identified in the most recent Navy annual naval 
     vessel construction plan as having potential labor surpluses, 
     in a manner that is consistent with procedures which shall be 
     prescribed by the Secretary and that--
       (A) is appropriate for the occupation;
       (B) offers, at a minimum, the same transportation and 
     housing benefits to be offered to alien employees; and
       (C) is most likely to bring responses.

     SEC. 127. LIMITATION ON CONCURRENT DESIGN AND CONSTRUCTION ON 
                   FIRST SHIP OF A SHIPBUILDING PROGRAM.

       (a) In General.--For any shipbuilding program that is a 
     major defense acquisition program under section 2430 of title 
     10, United States Code, the start of construction of a first 
     ship (as defined in subsection (b)) may not occur until the 
     Secretary of the Navy certifies to the congressional defense 
     committees that the detailed design of the ship is completed 
     and approved by the relevant design certification agents, to 
     a level determined by the Secretary to be acceptable for 
     commencement of construction, via a report described in 
     subsection (d).
       (b) First Ship.--For purposes of subsection (a), a ship is 
     a first ship if--
       (1) the ship is the first ship to be constructed under that 
     shipbuilding program;
       (2) the shipyard at which the ship is to be constructed has 
     not previously started construction on a ship under that 
     shipbuilding program; or
       (3) the ship is the first ship to be constructed following 
     a major design change, characterized as a change in flight, 
     under that shipbuilding program.
       (c) Start of Construction.--For purposes of subsection (a), 
     start of construction means the beginning of fabrication of 
     the hull and superstructure of the ship.
       (d) Report.--The Secretary of the Navy shall provide the 
     certification required by subsection (a) in a report that 
     provides an assessment of each of the following:
       (1) The degree of completion of the detailed design 
     drawings and specifications for the ship.
       (2) The readiness of the shipyard facilities and workforce 
     to begin construction.
       (3) The maturity level of research and development efforts 
     of any new technologies that will be used in the ship's 
     command and control systems, weapons systems, sensor systems, 
     mechanical or electrical systems, or hull.
       (4) The ability to meet cost and schedule estimates within 
     the applicable program baseline.
       (e) Applicability.--
       (1) New shipbuilding programs.--This section applies to 
     each shipbuilding program beginning after the date of the 
     enactment of this Act.
       (2) Major design changes for existing shipbuilding 
     programs.--In addition, subsection (b)(3) applies to any 
     major design change occurring after the date of the enactment 
     of this Act to any shipbuilding program in existence as of 
     the date of the enactment of this Act.

                     Subtitle D--Air Force Programs

     SEC. 131. LIMITATION ON RETIRING C-5 AIRCRAFT.

       (a) Certification and Cost Analysis Required.--The 
     Secretary of the Air Force may not proceed with a decision to 
     retire C-5A aircraft from the inventory of the Air Force in 
     any number that would reduce the total number of such 
     aircraft in the inventory below 111 until 45 days after the 
     Secretary of the Air Force submits to the congressional 
     defense committees the following:
       (1) The Secretary's certification that--
       (A) the Secretary is able to comply with subsection (g) of 
     section 8062 of title 10, United States Code; and
       (B) retiring the aircraft will not significantly increase 
     operational risk of not meeting the National Military 
     Strategy.
       (2) A cost analysis with respect to the aircraft to be 
     retired that--
       (A) evaluates which alternative is more prudent in meeting 
     strategic airlift mobility requirements--
       (i) to retire the aircraft; or
       (ii) to perform the Avionics Modernization Program (AMP) 
     and the Reliability Enhancement and Re-engining Program 
     (RERP) on the aircraft; and
       (B) evaluates the cost of C-17 aircraft to replace the 
     capability of the aircraft to be retired.
       (b) Additional Requirements for Cost Analysis.--The cost 
     analysis required by subsection (a)(2) shall be performed by 
     a Federally Funded Research and Development Center selected 
     by the Air Force and shall conform to the following 
     requirements:
       (1) The cost analysis shall include one analysis that uses 
     ``constant year dollars'' and one analysis that uses ``then 
     year dollars''.
       (2) For each such analysis, the time period covered by the 
     analysis shall be the expected service life of the aircraft 
     concerned.
       (3) For each such analysis, the ownership costs evaluated 
     shall include costs for--
       (A) planned technology insertions or upgrades over the 
     service life of the aircraft to meet emerging requirements;
       (B) research and development;
       (C) testing;
       (D) procurement;
       (E) production;
       (F) production termination;
       (G) operations;
       (H) training;
       (I) maintenance;
       (J) sustainment;
       (K) military construction;
       (L) personnel;
       (M) cost of replacement due to attrition; and
       (N) disposal.
       (4) The cost analysis shall include each of the following:
       (A) An assessment of the quality of each cost analysis.
       (B) A discussion of each of the following:
       (i) The assumptions used.
       (ii) The benefits to be realized from each alternative.
       (iii) Adverse impacts to be realized from each alternative.
       (iv) Cargo capacity, operational availability, departure 
     reliability, and mission capability.
       (v) Aircraft basing.
       (vi) Aircrew ratios and associated training requirements.
       (vii) Performing AMP and RERP on only C-5B and C5C 
     aircraft.
       (C) A summary table that compares and contrasts each 
     alternative with respect to each of the requirements of this 
     subsection.
       (c) Conforming Repeal.--Section 132 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
     117 Stat. 1411) is repealed.

     SEC. 132. 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 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. 133. 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. 134. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED C-130E 
                   TACTICAL AIRLIFT AIRCRAFT.

       Section 137(b) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2114) is repealed.

         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 systems development and demonstration of Joint 
              Light Tactical Vehicle program.
Sec. 213. Requirement to obligate funds for development and procurement 
              of a competitive propulsion system for the Joint Strike 
              Fighter.
Sec. 214. Limitation on use of funds for manufacturing science and 
              technology program.

                 Subtitle C--Ballistic Missile Defense

Sec. 221. Oversight of Missile Defense Agency programs by Director of 
              Operational Test and Evaluation.
Sec. 222. Fielding of ballistic missile defense capabilities and future 
              roles and missions of Missile Defense Agency.
Sec. 223. Limitation on use of funds for replacing warhead on SM-3 
              Block IIA missile.
Sec. 224. Two-year extension of Comptroller General assessments of 
              ballistic missile defense programs.
Sec. 225. Independent study on deploying missile defense system in 
              Europe.
Sec. 226. Sense of Congress concerning full support for development and 
              fielding of a layered ballistic missile defense.

                       Subtitle D--Other Matters

Sec. 231. Responsibility for human systems integration activities.

[[Page 12743]]

Sec. 232. Expansion of authority for encouragement of technology 
              transfer.
Sec. 233. Army Venture Capital Fund demonstration.
Sec. 234. Independent tests for combat helmet pad suspension systems.
Sec. 235. Report on implementation of Manufacturing Technology Program.
Sec. 236. Assessment of sufficiency of test and evaluation personnel.
Sec. 237. Repeal of requirement for separate reports on technology area 
              review and assessment summaries.

              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, $10,082,498,000.
       (2) For the Navy, $17,333,601,000.
       (3) For the Air Force, $25,738,960,000.
       (4) For Defense-wide activities, $20,141,264,000, of which 
     $180,264,000 is authorized for the Director of Operational 
     Test and Evaluation.

     SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

       (a) Fiscal Year 2008.--Of the amounts authorized to be 
     appropriated by section 201, $11,504,291,000 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 and approved by the Director, Operational 
     Test and Evaluation;
       (2) be conducted using production representative 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 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 14 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 SYSTEMS DEVELOPMENT AND DEMONSTRATION 
                   OF JOINT LIGHT TACTICAL VEHICLE PROGRAM.

       No funds appropriated pursuant to an authorization of 
     appropriations or otherwise made available for any fiscal 
     year may be obligated or expended for the Joint Light 
     Tactical Vehicle program beyond the Design Readiness Review 
     for the acquisition program phase of systems development and 
     demonstration until after the certification for the Joint 
     Light Tactical Vehicle program is made and submitted as 
     required by section 2366a of title 10, United States Code, 
     and a progress report is received for review by the 
     congressional defense committees.

     SEC. 213. REQUIREMENT TO OBLIGATE 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 fiscal year thereafter, for research, 
     development, test, and evaluation and procurement for the 
     Joint Strike Fighter program, the Secretary of Defense shall 
     obligate sufficient annual amounts to develop and procure a 
     competitive propulsion system for the Joint Strike Fighter in 
     order to conduct a competitive propulsion source selection.

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

       (a) In General.--No funds available to the Office of the 
     Secretary of Defense for any fiscal year may be obligated or 
     expended for a manufacturing science and technology project 
     unless the Director, Defense Research and Engineering, 
     ensures that--
       (1) the project is awarded using competitive procedures in 
     accordance with section 2304 of title 10, United States Code;
       (2) the project is carried out--
       (A) under 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; and
       (3) a technology transition agreement has been fully 
     executed between the Director and a prospective technology 
     user.
       (b) Definitions.--In this subsection:
       (1) The term ``technology transition agreement'' means an 
     agreement signed by officials of the Department of Defense 
     that includes--
       (A) a description of the prospective technology user's 
     relevant technology needs in priority order;
       (B) a description of the minimum increment of capability 
     that must be developed in order for the prospective 
     technology user to consider implementing the technology;
       (C) a schedule of technology transition windows for each 
     technology need;
       (D) a description of discrete technology deliverables that 
     specifically identifies which user need would be fulfilled by 
     each deliverable;
       (E) a schedule for technology deliverables that aligns with 
     user defined technology transition opportunities; and
       (F) a commitment by the prospective technology user to 
     program for advanced development or procurement funding, as 
     appropriate, upon successful delivery of the technology, in 
     accordance with the other terms of the agreement.
       (2) The term ``prospective technology user'' has the 
     meaning given that term in section 2521(c)(6) of title 10, 
     United States Code.

                 Subtitle C--Ballistic Missile Defense

     SEC. 221. OVERSIGHT OF MISSILE DEFENSE AGENCY PROGRAMS BY 
                   DIRECTOR OF OPERATIONAL TEST AND EVALUATION.

       (a) MDA To Report to OT&E.--The Director of the Missile 
     Defense Agency shall report promptly to the Director of 
     Operational Test and Evaluation the results of--
       (1) all operational test and evaluation conducted by the 
     Missile Defense Agency with respect to any major defense 
     acquisition program; and
       (2) all studies conducted in connection with such 
     operational test and evaluation.
       (b) OT&E Observers at MDA Tests.--The Director of 
     Operational Test and Evaluation may require that such 
     observers as the Director of Operational Test and Evaluation 
     may designate are present during the preparation for, and the 
     conduct of, the test part of any test and evaluation 
     conducted by the Missile Defense Agency with respect to any 
     major defense acquisition program.
       (c) OT&E Access to Information.--The Director of 
     Operational Test and Evaluation shall have access to all 
     information of the Department of Defense (including 
     information of the Missile Defense Agency) that the Director 
     considers necessary to review in order to carry out this 
     section.

     SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES 
                   AND FUTURE ROLES AND MISSIONS OF MISSILE 
                   DEFENSE AGENCY.

       (a) Availability of RDT&E Funds for Fiscal 2009.--Upon 
     approval by the Secretary of Defense, 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 development and fielding of 
     ballistic missile defense capabilities; and
       (2) may not be used for operations and support activities.
       (b) Budgeting for Operations and Support for Fiscal 2009.--
     For fiscal year 2009, any

[[Page 12744]]

     amount in the budget submitted to Congress under section 
     1105(a) of title 31, United States Code, for operations and 
     support activities for the Missile Defense Agency shall be 
     set forth under the account of the Department of Defense for 
     operation and maintenance, Defense-wide, and, within that 
     account, under the subaccount (or other budget activity 
     level) for the Missile Defense Agency.
       (c) 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 research, 
     development, test, and evaluation funds for missile defense 
     fielding activities to using procurement funds for those 
     activities where practicable.
       (d) Study Required.--
       (1) In general.--The Secretary of Defense shall enter into 
     an agreement with one of the Federally Funded Research and 
     Development Centers under which the Center will carry out a 
     study to examine, and make recommendations with respect to, 
     the long-term structure, roles, and missions of the Missile 
     Defense Agency.
       (2) Matters included.--
       (A) Review.--The study shall include a full review of the 
     structure, roles, and missions of the Missile Defense Agency.
       (B) Assessments.--The study shall include an examination 
     and assessment of the current and future--
       (i) structure, roles, and missions of the Missile Defense 
     Agency; and
       (ii) 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; and
       (V) the military departments.

       (C) 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. 
     The recommendations shall include specific recommendations as 
     to whether--
       (i) the Missile Defense Agency should be maintained in its 
     current configuration;
       (ii) 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; 
     and
       (iii) the Missile Defense Agency should be abolished and 
     its responsibilities transferred to the United States 
     Strategic Command and the military departments.
       (3) 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.
       (4) Report.--Not later than September 1, 2008, the 
     Federally Funded Research and Development Center shall submit 
     to the Committees on Armed Services of the Senate and House 
     of Representatives a report on its findings, conclusions, and 
     recommendations.
       (5) Funding.--Funds for the study shall be provided from 
     amounts appropriated for the Department of Defense.

     SEC. 223. 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. 224. TWO-YEAR 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 2010''; and
       (2) in paragraph (2), by striking ``through 2009'' and 
     inserting ``through 2011''.

     SEC. 225. INDEPENDENT STUDY ON DEPLOYING MISSILE DEFENSE 
                   SYSTEM IN EUROPE.

       (a) Study Required.--The Secretary of Defense shall enter 
     into an agreement with one of the Federally Funded Research 
     and Development Centers under which the Center will carry out 
     a study on the political, technical, operational, force 
     structure, and budgetary implications of deploying a long-
     range missile defense system in Europe.
       (b) Analysis of Administration Proposal.--The study shall 
     provide a full analysis of the Administration's proposal to 
     protect forward-deployed radars, 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:
       (1) The technical capabilities of the GMD system, as so 
     deployed, to effectively protect forward-deployed radars, 
     Europe, and the United States.
       (2) The political implications of such a deployment on the 
     United States, the North Atlantic Treaty Organization, and 
     other interested parties.
       (3) The operational issues associated with such a 
     deployment.
       (4) The force structure implications of such a deployment.
       (5) The budgetary implications of such a deployment.
       (c) 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 2020. In providing the analysis, the study 
     shall examine, for each alternative system included, the 
     following:
       (1) The technical capabilities of the alternative system, 
     as so deployed, to effectively protect forward-deployed 
     radars, Europe, and the United States.
       (2) The political implications of such a deployment on the 
     United States, the North Atlantic Treaty Organization, and 
     other interested parties.
       (3) The operational issues associated with such a 
     deployment.
       (4) The force structure implications of such a deployment.
       (5) The budgetary implications of such a deployment.
       (d) Cooperation Required.--In carrying out the study, the 
     Federally Funded Research and Development Center shall 
     receive the cooperation of the Secretary of Defense, the 
     Secretary of State, the Director of National Intelligence, 
     and any other United States Government official in providing 
     the Center with analyses, briefings, and other information 
     necessary for the fulfillment of its responsibilities.
       (e) 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.
       (f) 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 section.

     SEC. 226. SENSE OF CONGRESS CONCERNING FULL SUPPORT FOR 
                   DEVELOPMENT AND FIELDING OF A LAYERED BALLISTIC 
                   MISSILE DEFENSE.

       It is the sense of Congress that--
       (1) the development and proliferation of ballistic missile 
     and nuclear capabilities by rogue nations continues to grow, 
     posing a serious threat to the national security of the 
     United States, United States military forces deployed, and 
     United States national security interests more broadly, as 
     demonstrated by--
       (A) the July 2006 test by North Korea of six short-range 
     missiles and one longer-range Taepo Dong-2 missile, and the 
     October 2006 test by North Korea of a nuclear device;
       (B) the November 2006 and January 2007 test by Iran of 
     nearly a dozen missiles and an ongoing effort by Iran to 
     enrich uranium;
       (C) the reported proliferation of BM-25 intermediate range 
     ballistic missiles from North Korea to Iran; and
       (D) the reported January 2007 test by Syria of Scud-D 
     short-range ballistic missiles;
       (2) the United States must have the capability to defend 
     its homeland and forward-deployed military forces against the 
     threats highlighted in paragraph (1);
       (3) the United States is committed to working with its 
     allies to obtain the capability to defend our broader 
     national security interests against ballistic missile threats 
     highlighted in paragraph (1);
       (4) as specified in the John Warner National Defense 
     Authorization Act for Fiscal Year 2007, ``It is the policy of 
     the United States that the Department of Defense accord 
     priority within the missile defense program to the 
     development, testing, fielding, and improvement of effective 
     near-term missile defense capabilities, including the ground-
     based midcourse defense system, the Aegis ballistic missile 
     defense system, the Patriot PAC-3 system, the Terminal High 
     Altitude Area Defense system, and the sensors necessary to 
     support such systems.'';
       (5) the Congress fully supports efforts by the Department 
     of Defense to continue development, testing, and fielding of 
     an effective, integrated, robust, layered ballistic missile 
     defense system that is capable of intercepting ballistic 
     missiles as described in paragraph (1) in various phases of 
     flight;
       (6) a layered defense requires fielding components on land 
     and sea, space-based and other sensors, along with the 
     command and control capability that ties the various 
     components together; and
       (7) it is in the national security interest of the United 
     States to continue development, testing, and operations of 
     the United States ballistic missile defense system to hedge 
     against uncertainty in the development, test, and fielding of 
     ballistic missile capabilities by rogue nations.

[[Page 12745]]



                       Subtitle D--Other Matters

     SEC. 231. RESPONSIBILITY FOR HUMAN SYSTEMS INTEGRATION 
                   ACTIVITIES.

       (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--
       (1) designate a senior official to be responsible for the 
     effort; and
       (2) supervise the planning, management, and coordination of 
     such activities.
       (c) Responsibilities.--In carrying out this section, the 
     Secretary shall--
       (1) develop a Department of Defense Instruction, and as 
     necessary a Department of Defense Directive, specific to 
     human systems integration activities; and
       (2) identify and recommend, as appropriate, resource 
     requirements for human systems integration activities.
       (d) Designation.--The designation required by subsection 
     (b)(2) shall be made not later than 60 days after the date of 
     the enactment of this Act.

     SEC. 232. EXPANSION OF AUTHORITY FOR ENCOURAGEMENT OF 
                   TECHNOLOGY TRANSFER.

       Section 2514(c) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3)(A) Under the Program, the defense laboratories and 
     research centers may, through leases, contracts, or other 
     appropriate arrangements, provide facilities, services, and 
     equipment to private industry in order to promote accelerated 
     development of critical technologies and technology transfer 
     initiatives that support the Department of Defense.
       ``(B) The facilities, services, and equipment provided 
     under this paragraph shall be provided on a non-interference 
     basis.
       ``(C) The defense laboratory or research center--
       ``(i) shall charge, accept, and retain fees in amounts 
     necessary to recover the full costs of the facilities, 
     services, and equipment provided, including capital 
     improvement costs, utility and service costs, and equipment 
     depreciation costs; and
       ``(ii) may charge, accept, and retain fees for providing 
     the facilities, services, and equipment.
       ``(D) The defense laboratory or research center may accept 
     payment in cash or in kind for fees charged under 
     subparagraph (C).
       ``(E) Fees accepted under subparagraph (C) 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.''.

     SEC. 233. ARMY VENTURE CAPITAL FUND DEMONSTRATION.

       (a) In General.--Of the amounts appropriated pursuant to 
     the authorization of appropriations in section 201(1) or 
     otherwise made available for research, development, test, and 
     evaluation, Army, $10,000,000 is available for the Army 
     Venture Capital Fund demonstration, to be used only for 
     investment in renewable energy technologies.
       (b) Definition.--For purposes of this section, the Army 
     Venture Capital Fund demonstration is the program for which 
     funds were initially provided in section 8150 of the 
     Department of Defense Appropriations Act, 2002 (division A of 
     Public Law 107-117; 115 Stat. 2281), as extended and revised 
     in section 8105 of Department of Defense Appropriations Act, 
     2003 (Public Law 107-248; 116 Stat. 1562).

     SEC. 234. INDEPENDENT TESTS FOR COMBAT HELMET PAD SUSPENSION 
                   SYSTEMS.

       (a) In General.--From amounts made available pursuant to 
     the authorization of appropriations in section 201(4) for 
     research, development, test, and evaluation, Defense-wide, 
     the Secretary of Defense shall carry out a test and 
     evaluation of combat helmet pad suspension systems. The test 
     and evaluation shall be carried out using verified product 
     representative samples from the five producers of combat 
     helmet pad suspension systems that are qualified as of the 
     date of the enactment of this Act. The test and evaluation 
     shall include an operational assessment of the pad suspension 
     systems, including a field user evaluation.
       (b) Independent Laboratory.--The test and evaluation shall 
     be carried out in an objective and transparent manner by a 
     certified and qualified laboratory that is independent of the 
     Federal Government.
       (c) Report.--Not later than September 30, 2008, the 
     Secretary shall submit to the congressional defense 
     committees a report on the results of the test and 
     evaluation.

     SEC. 235. REPORT ON IMPLEMENTATION OF MANUFACTURING 
                   TECHNOLOGY PROGRAM.

       (a) Report Required.--Not later than March 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 the type of implementation;
       (3) the total Federal 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 possible, 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) fully implement the technology or process;
       (4) the total value of industry cost share, if applicable; 
     and
       (5) the total value of cost avoidance or cost savings 
     directly attributable to the implementation of the technology 
     or process.
       (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 identification of a technology or process in the 
     manufacturing baseline for a program of record that has not 
     yet achieved full rate production; 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 Manufacturing Technology for fiscal years 2002 
     through 2007.

     SEC. 236. 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. 237. 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.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense Programs.

                  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 Arctic Surplus Superfund Site, 
              Fairbanks, Alaska.
Sec. 313.  Payment to Environmental Protection Agency of stipulated 
              penalty in connection with Jackson Park Housing Complex, 
              Washington.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Increase in threshold amount for contracts for procurement of 
              capital assets in advance of availability of working-
              capital funds for the procurement.
Sec. 322. Authorization of availability of working-capital funds for 
              certain product improvements.
Sec. 323. Authorization of use of working-capital funds for acquisition 
              of certain items.
Sec. 324. Modification to public-private competition requirements 
              before conversion to contractor performance.
Sec. 325. Public-private competition at end of period specified in 
              performance agreement not required.
Sec. 326. Guidelines on insourcing new and contracted out functions.
Sec. 327. Additional requirements for annual report on public-private 
              competitions.
Sec. 328. Restriction on Office of Management and Budget influence over 
              Department of Defense public-private competitions.
Sec. 329. Bid Protests by Federal Employees in actions under Office of 
              Management Budget Circular A-76.
Sec. 330. Public-private competition required before conversion to 
              contractor performance.
Sec. 331. Reauthorization and modification of multi-trades 
              demonstration project.

[[Page 12746]]

              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.

                          Subtitle E--Reports

Sec. 351. Inclusion of National Guard readiness for civil support 
              missions in quarterly personnel and unit readiness 
              report.
Sec. 352. Plan to improve readiness of active and reserve component 
              ground forces.
Sec. 353. Plan for optimal use of strategic ports by commander of 
              Surface Distribution and Deployment Command.
Sec. 354. Independent assessment of Civil Reserve Air Fleet viability.
Sec. 355. Annual report on prepositioned materiel and equipment.
Sec. 356. Conditions on relocation of North American Aerospace Defense 
              command center and related functions from Cheyenne 
              Mountain to Peterson Air Force Base.
Sec. 357. Report on public-private partnerships.

                       Subtitle F--Other Matters

Sec. 361. Authority for Department of Defense to provide support for 
              certain sporting events.
Sec. 362. Reasonable restrictions on payment of full replacement value 
              for lost or damaged personal property transported at 
              Government expense.
Sec. 363. 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. 364. Recovery of missing military property.
Sec. 365. Retention of Army combat uniforms by members of Army deployed 
              in support of contingency operations.
Sec. 366. Issue of serviceable material other than to Armed Forces.
Sec. 367. Prohibition on deactivation of 36th Rescue Flight.
Sec. 368. Limitation on expenditure of funds for initial flight 
              screening at Pueblo Memorial Airport.

              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, $28,868,671,000.
       (2) For the Navy, $33,138,090,000.
       (3) For the Marine Corps, $4,923,993,000.
       (4) For the Air Force, $33,393,333,000.
       (5) For Defense-wide activities, $22,732,978,000.
       (6) For the Army Reserve, $2,508,062,000.
       (7) For the Naval Reserve, $1,182,883,000.
       (8) For the Marine Corps Reserve, $208,637,000.
       (9) For the Air Force Reserve, $2,692,077,000.
       (10) For the Army National Guard, $5,845,809,000.
       (11) For the Air National Guard, $5,044,365,000.
       (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, $250,249,000.
       (18) For Overseas Humanitarian, Disaster, and Civic Aid 
     programs, $103,300,000.
       (19) For Cooperative Threat Reduction programs, 
     $398,000,000.
       (20) For the Overseas Contingency Operations Transfer Fund, 
     $5,000,000.

     SEC. 302. 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, $102,000,000.
       (2) For the National Defense Sealift Fund, $1,535,194,000.
       (3) For the Defense Working Capital Fund, Defense 
     Commissary, $1,250,000,000.

     SEC. 303. 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 $22,471,047,000, of 
     which--
       (1) $21,974,304,000 is for Operation and Maintenance;
       (2) $134,482,000 is for Research, Development, Test, and 
     Evaluation; and
       (3) $362,261,000 is for Procurement.
       (b) Chemical Agents and Munitions Destruction, Defense.--
     (1) 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 $1,455,724,000, of 
     which--
       (A) $1,162,452,000 is for Operation and Maintenance;
       (B) $274,846,000 is for Research, Development, Test, and 
     Evaluation; and
       (C) $18,426,000 is for Procurement.
       (2) Amounts authorized to be appropriated under paragraph 
     (1) are authorized for--
       (A) the destruction of lethal chemical agents and munitions 
     in accordance with section 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521); and
       (B) the destruction of chemical warfare materiel of the 
     United States that is not covered by section 1412 of such 
     Act.
       (c) 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 $936,822,000.
       (d) 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 $215,995,000, of which--
       (1) $214,995,000 is for Operation and Maintenance; and
       (2) $1,000,000 is for Procurement.

                  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.--Notwithstanding section 2215 
     of title 10, United States Code, the Secretary of Defense may 
     transfer not more than $91,588.51 to the Moses Lake Wellfield 
     Superfund Site 10-6J Special Account for the purpose 
     described in section 315(a)(2) of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     110-364; 120 Stat. 2141).
       (b) Source of Funds.--Any payment under subsection (a) 
     shall be made using funds authorized to be appropriated by 
     section 301(16) for environmental restoration, defense-wide.

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

       (a) Authority to Reimburse.--Notwithstanding section 2215 
     of title 10, United States Code, the Secretary of Defense may 
     transfer not more than $186,625.38 to the Hazardous Substance 
     Superfund 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'' and 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 environmental restoration, defense-wide.

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

       (a) Payment Required.--Notwithstanding section 2215 of 
     title 10, United States Code, the Secretary of the Navy may 
     transfer not more than $40,000.00 to the Hazardous Substance 
     Superfund 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 
     of the Department of 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 agreement entered into by the 
     Department of the Navy and the Environmental Protection 
     Agency (U.S. EPA Docket Number 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 environmental restoration, Navy.

                 Subtitle C--Workplace and Depot Issues

     SEC. 321. INCREASE IN THRESHOLD AMOUNT FOR CONTRACTS FOR 
                   PROCUREMENT OF CAPITAL ASSETS IN ADVANCE OF 
                   AVAILABILITY OF WORKING-CAPITAL FUNDS FOR THE 
                   PROCUREMENT.

       Section 2208(k)(2) of title 10, United States Code, is 
     amended by striking ``$100,000'' and inserting ``$250,000''.

     SEC. 322. AUTHORIZATION OF AVAILABILITY OF WORKING-CAPITAL 
                   FUNDS FOR CERTAIN PRODUCT IMPROVEMENTS.

       Section 2208 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(s) Product Improvement.--(1) An engineering service, 
     manufacturing effort, developmental testing, or operational 
     test and evaluation effort for product improvement of a 
     weapon system platform, major end item, component of a major 
     end item, or article that is financed by a working-capital 
     fund may be performed or acquired, if--
       ``(A) the combined cost of the engineering services, 
     manufacturing efforts, development

[[Page 12747]]

     testings, and operational test and evaluation efforts for the 
     product improvements that are financed by the working-capital 
     fund is less than $15,000,000;
       ``(B) the unit cost of the platform, item, component, or 
     article is less than $1,000,000; and
       ``(C) the product improvement would improve the reliability 
     and maintainability, extend the useful life, enhance safety, 
     lower maintenance costs, provide performance enhancement, or 
     expand the performance capability of the weapon system 
     platform or major end item.
       ``(2) Funds described in paragraph (1) may be used in 
     accordance with that paragraph for a commercial or industrial 
     type function performed as part of a public-private 
     partnership at the Center of Industrial and Technical 
     Excellence designated under section 2474 of this title.
       ``(3) Each report submitted under subsection (q) for a 
     working-capital fund shall include a description of any use 
     of funds described in paragraph (1) that is financed by that 
     working-capital fund and a description of the anticipated 
     product improvement under subparagraph (C) of that 
     paragraph.''.

     SEC. 323. AUTHORIZATION OF USE OF WORKING-CAPITAL FUNDS FOR 
                   ACQUISITION OF CERTAIN ITEMS.

       Section 2208 of title 10, United States Code, as amended by 
     section 332, is further amended by adding at the end the 
     following new subsection:
       ``(t) Acquisition Threshold for Weapons System 
     Modification, Improvement and Lifecycle Extension.-- (1) Any 
     of the following items may be provided through working-
     capital funds, if the item has a unit cost of not more than 
     $500,000:
       ``(A) An item that is materiel for supplies or supply chain 
     management, assemblies, spare or repair parts, modification 
     kits, or any other item of equipment to provide maintenance, 
     repair, or overhaul and rework.
       ``(B) An item for continuous technology refreshment to 
     provide newer technologies that improve reliability and 
     maintainability, extend the useful life, enhance safety, 
     lower maintenance costs, provide performance enhancement, or 
     expand the performance capability of a weapons system 
     platform.
       ``(2) With respect to an item described in paragraph (1), 
     the Secretary of each military department may increase the 
     acquisition threshold under paragraph (1) to an amount that 
     does not exceed $1,000,000, if the Secretary--
       ``(A) determines the increase is necessary to maintain core 
     logistics capabilities required by section 2464 of this 
     title; and
       ``(B) not later than 30 days after such an increase, 
     notifies Congress of the increase and the reasons for the 
     increase.
       ``(3) An item described in paragraph (1) may be an item 
     used for a commercial- or industrial-type function performed 
     at a Center of Industrial and Technical Excellence designated 
     under section 2474 of this title.''.

     SEC. 324. 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); 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 paragraph (2)(B) 
     for purposes of consultation required by paragraph (1)''.
       (c) Technical Amendments.--Section 2461 of such title, as 
     amended by subsection (a) is further amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (B), by inserting after ``2003'' the 
     following: ``, or any successor circular''; and
       (B) in subparagraph (D), by striking ``and reliability'' 
     and inserting ``, reliability, and timeliness''; and
       (2) in subsection (c)(2), as redesignated under subsection 
     (b)(2), by inserting ``of'' after ``examination''.

     SEC. 325. 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 public-private competition may not be required 
     under Office of Management and Budget Circular A-76 or any 
     other provision of law at the end of the period specified in 
     the performance agreement for any function of the Department 
     of Defense performed by Department of Defense civilian 
     employees.''.

     SEC. 326. 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 for use of civilian employees to 
       perform Department of Defense functions

       ``(a) Guidelines Required.--The Under Secretary of Defense 
     for Personnel and Readiness shall devise and implement 
     guidelines to ensure that consideration is given to using, on 
     a regular basis, civilian employees of the Department of 
     Defense to perform new functions and functions that are 
     performed by contractors and could be performed by such 
     civilian employees. The Secretary of a military department 
     may prescribe regulations, if the Secretary determines such 
     regulations are necessary for implementing such guidelines 
     within that military department.
       ``(b) Special Consideration for Certain Functions.--The 
     guidelines implemented under subsection (a) shall provide for 
     special consideration to be given to using civilian employees 
     of the Department of Defense to perform any function that--
       ``(1) was performed by a civilian employee of the 
     Department of Defense at any time on or after October 1, 
     1980;
       ``(2) is associated with the performance of an inherently 
     governmental function (as that term is defined in section 5 
     of the Federal Activities Inventory Reform Act of 1998 (31 
     U.S.C. 501 note));
       ``(3) has been performed by a contractor pursuant to a 
     contract awarded on a non-competitive basis; or
       ``(4) has been performed poorly by a contractor because of 
     excessive costs or inferior quality, as determined by a 
     contracting officer.
       ``(c) Exclusion of Certain Functions From Competitions.--No 
     public-private competition may be required under this chapter 
     for any function of the Department of Defense that--
       ``(1) is associated with the performance of an inherently 
     governmental function;
       ``(2) has been performed by a contractor pursuant to a 
     contract that was awarded on a noncompetitive basis, 
     including a contract awarded without the conduct of a public-
     private competition under this section; or
       ``(3) has been performed poorly by a contractor because of 
     excessive costs or inferior quality, as determined by a 
     contracting officer.
       ``(d) Limitation on Competitions for New and Expanded 
     Functions.--(1) A public-private competition may not be 
     conducted under this section for any Department of Defense 
     function before--
       ``(A) the commencement of the performance by civilian 
     employees of the Department of Defense of a new Department of 
     Defense function;
       ``(B) the commencement of the performance by civilian 
     employees of the Department of Defense of any Department of 
     Defense function pursuant to the guidelines implemented under 
     subsection (a);
       ``(C) the expansion of the scope of any Department of 
     Defense function performed by civilian employees of the 
     Department of Defense.
       ``(2) The Secretary may use the flexible hiring authority 
     available to the Secretary under the National Security 
     Personnel System, as established pursuant to section 9902 of 
     title 5 to facilitate the performance by civilian employees 
     of the Department of Defense of functions described in 
     subsection (b).''.
       (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:


[[Page 12748]]


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

       (3) Deadline for issuance of guidelines.--
       (A) Deadline.--The Secretary of Defense shall implement the 
     guidelines 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) Moratorium on competitions until guidelines are 
     implemented.--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 until the guidelines required under section 2463 of 
     such title, as added by paragraph (1) are implemented.
       (b) Establishment of Inventory of Work Performed by 
     Contractors.--Section 115a of title 10, United States Code is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (1);
       (B) by striking the period at the end of paragraph (2) and 
     inserting ``; and'';
       (C) by adding at the end the following new paragraph:
       ``(3) the estimated manpower requirements of each component 
     of the Department of Defense projected to be met by 
     contractor performance of Department of Defense functions and 
     the estimated funding requirements associated with such 
     contractor performance for the next fiscal year.''.
       (2) by adding at the end the following new subsection:
       ``(i) In each report, the Secretary shall include for each 
     military department, combatant command, and major defense 
     organization, a separate report describing contractor 
     performance of Department of Defense functions during the 
     preceding fiscal year. Chapter 35 of title 44 shall not apply 
     to such report. In each such report, the Secretary shall--
       ``(1) specify the number of work-year equivalents performed 
     by contractors in performing functions for each Department;
       ``(2) identify the contracting organization, the component 
     of the Department of Defense administering the contract, and 
     the organization whose requirements are being met through the 
     contractor performance of the function, with an explanation 
     in the event these organizational elements are distinct.
       ``(3) identify each organization specified under paragraph 
     (2) at the unit level of detail, as maintained in the 
     Department's manpower documentation systems;
       ``(4) identify the funding source for the contract under 
     which the function is performed by appropriation and 
     operating agency, and the associated funding levels obligated 
     and disbursed for the reported work-year equivalents;
       ``(5) identify the functions and missions performed by the 
     contractor;
       ``(6) specify whether the contract for the function was 
     entered into pursuant to a public-private competition; and
       ``(7) describe the process by which the Department of 
     Defense validates the contractor performance of such 
     functions under section 2463 of this title.''.
       (c) Conforming Repeal.--The National Defense Authorization 
     Act for Fiscal Year 2006 (Public Law 109-163) is amended by 
     striking section 343.
       (d) Inspector General Report.--Not later than 90 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. The report shall contain the assessment of the 
     Inspector General of whether--
       (1) the guidelines required under section 2463(a) of title 
     10, United States Code, as added by subsection (a), have been 
     implemented;
       (2) such guidelines, if developed, conform to the 
     requirements of that section;
       (3) a contractor inventory has been established pursuant to 
     subsections (a)(3) and (i) of section 115a of such title, as 
     added by subsection (b);
       (4) functions for which the performance of which the 
     Secretary of Defense has entered into a contract are being 
     reviewed on a regular basis for possible conversion to 
     performance by civilian employees of the Department of 
     Defense; and
       (5) performance by civilian employees of the Department of 
     Defense is being considered to the maximum extent practicable 
     for all new functions of the Department of Defense.

     SEC. 327. ADDITIONAL REQUIREMENTS FOR ANNUAL REPORT ON 
                   PUBLIC-PRIVATE COMPETITIONS.

       Paragraph (1) of subsection (b) of section 2462 is amended 
     by adding at the end the following new paragraphs:
       ``(4) For any function converted to performance by a 
     contractor, the effect of such conversion on the quality of 
     the performance of the function.
       ``(5) For any function for which a public-private 
     competition is anticipated during any subsequent fiscal year, 
     an assessment of whether any method of business reform or 
     reengineering other than a public-private competition, 
     including a decision to consolidate, restructure, or 
     reengineer an organization, function, or activity covered 
     under section 2475 of this title, could, if implemented in 
     the future, achieve any anticipated or budgeted savings.''.

     SEC. 328. 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) Suspension and Review of Ongoing Public-Private 
     Competitions.--
       (1) Suspension.--During the 90-day period that begins on 
     the date of the enactment of this Act, the Secretary of 
     Defense shall suspend any review or public-private 
     competition pursuant to Office of Management and Budget 
     Circular A-76 that is being carried out on the date of the 
     enactment of this Act.
       (2) Review.--During the 90-day period described in 
     paragraph (1), the Secretary of Defense shall review each 
     suspended review and public-private competition and shall 
     determine, wholly independently and without regard to 
     direction, guidance, encouragement, or requirement from the 
     Office of Management and Budget, whether to cancel or 
     continue each review or public-private competition.
       (3) Criteria for continuation.--The Secretary of Defense 
     may not continue a review or public-private competition 
     pursuant to a determination under paragraph (2) unless the 
     official responsible for the performance of the function and 
     the Secretary of the military department concerned or agency 
     head submits to the congressional defense committees a 
     certification that the determination was made wholly 
     independently and without regard to direction, guidance, 
     encouragement, or requirement from the Office of Management 
     and Budget and after considering less costly and 
     controversial alternatives to such review or public-private 
     competition.

     SEC. 329. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER 
                   OFFICE OF MANAGEMENT BUDGET CIRCULAR A-76.

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

     ``SEC. 3557. EXPEDITED ACTION IN PROTESTS OF PUBLIC-PRIVATE 
                   COMPETITIONS.

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

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

       (b) 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

[[Page 12749]]

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

     SEC. 330. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE 
                   CONVERSION TO CONTRACTOR PERFORMANCE.

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

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

       ``(a) Public-Private Competition.--(1) A function of an 
     executive agency performed by 10 or more agency civilian 
     employees may not be converted, in whole or in part, to 
     performance by a contractor unless the conversion is based on 
     the results of a public-private competition that--
       ``(A) formally compares the cost of performance of the 
     function by agency civilian employees with the cost of 
     performance by a contractor;
       ``(B) creates an agency tender, including a most efficient 
     organization plan, in accordance with Office of Management 
     and Budget Circular A-76, as implemented on May 29, 2003, or 
     any successor circular;
       ``(C) includes the issuance of a solicitation;
       ``(D) determines whether the submitted offers meet the 
     needs of the executive agency with respect to factors other 
     than cost, including quality, reliability, and timeliness;
       ``(E) examines the cost of performance of the function by 
     agency civilian employees and the cost of performance of the 
     function by one or more contractors to demonstrate whether 
     converting to performance by a contractor will result in 
     savings to the Government over the life of the contract, 
     including--
       ``(i) the estimated cost to the Government (based on offers 
     received) for performance of the function by a contractor;
       ``(ii) the estimated cost to the Government for performance 
     of the function by agency civilian employees; and
       ``(iii) an estimate of all other costs and expenditures 
     that the Government would incur because of the award of such 
     a contract;
       ``(F) requires continued performance of the function by 
     agency civilian employees unless the difference in the cost 
     of performance of the function by a contractor compared to 
     the cost of performance of the function by agency civilian 
     employees would, over all performance periods required by the 
     solicitation, be equal to or exceed the lesser of--
       ``(i) 10 percent of the personnel-related costs for 
     performance of that function in the agency tender; or
       ``(ii) $10,000,000; and
       ``(G) examines the effect of performance of the function by 
     a contractor on the agency mission associated with the 
     performance of the function.
       ``(2) A function that is performed by the executive agency 
     and is reengineered, reorganized, modernized, upgraded, 
     expanded, or changed to become more efficient, but still 
     essentially provides the same service, shall not be 
     considered a new requirement.
       ``(3) In no case may a function being performed by 
     executive agency personnel be--
       ``(A) modified, reorganized, divided, or in any way changed 
     for the purpose of exempting the conversion of the function 
     from the requirements of this section; or
       ``(B) converted to performance by a contractor to 
     circumvent a civilian personnel ceiling.
       ``(b) Requirement to Consult Employees.--(1) Each civilian 
     employee of an executive agency responsible for determining 
     under Office of Management and Budget Circular A-76 whether 
     to convert to contractor performance any function of the 
     executive agency--
       ``(A) shall, at least monthly during the development and 
     preparation of the performance work statement and the 
     management efficiency study used in making that 
     determination, consult with civilian employees who will be 
     affected by that determination and consider the views of such 
     employees on the development and preparation of that 
     statement and that study; and
       ``(B) may consult with such employees on other matters 
     relating to that determination.
       ``(2)(A) In the case of employees represented by a labor 
     organization accorded exclusive recognition under section 
     7111 of title 5, consultation with representatives of that 
     labor organization shall satisfy the consultation requirement 
     in paragraph (1).
       ``(B) In the case of employees other than employees 
     referred to in subparagraph (A), consultation with 
     appropriate representatives of those employees shall satisfy 
     the consultation requirement in paragraph (1).
       ``(C) The head of each executive agency shall prescribe 
     regulations to carry out this subsection. The regulations 
     shall include provisions for the selection or designation of 
     appropriate representatives of employees referred to in 
     paragraph (2)(B) for purposes of consultation required by 
     paragraph (1).
       ``(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. 331. REAUTHORIZATION AND MODIFICATION OF MULTI-TRADES 
                   DEMONSTRATION PROJECT.

       (a) Reauthorization and Expansion.--Section 338 of the 
     National Defense Authorization Act for Fiscal Year 2004 (10 
     U.S.C. 5013 note) is amended--
       (1) in subsection (a)--
       (A) by striking ``shall'' and inserting ``may''; and
       (B) by striking ``three Naval Aviation Depots'' and 
     inserting ``the Air Force Air Logistics Centers and the Navy 
     Fleet Readiness Centers'';
       (2) in subsection (b), by striking ``a Naval Aviation 
     Depot'' and inserting ``an Air Force Air Logistics Center or 
     Navy Fleet Readiness Center'';
       (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, by striking 
     ``2007'' and inserting ``2014''; and
       (6) by amending subsection (f), as so redesignated, to read 
     as follows:
       ``(f) Annual GAO Report.--By not later than 30 days after 
     the last day of a fiscal year, the Comptroller General shall 
     submit to the congressional defense committees a report on 
     the demonstration project under this section.''.

[[Page 12750]]

       (b) Clerical Amendments.--
       (1) Heading.--The heading for such section is amended to 
     read as follows: ``AIR FORCE AIR LOGISTICS CENTER AND NAVY 
     FLEET READINESS CENTER MULTI-TRADES DEMONSTRATION PROJECT''.
       (2) Table of contents.--The items relating to such section 
     in the table of contents in section 2(b) of such Act and in 
     the table of contents at the beginning of title III of such 
     Act are each amended to read as follows:

``Sec. 338. Air Force Logistics Center and Navy Fleet Readiness Center 
              multi-trades demonstration project.''.

              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 (Public Law 106-398; 
     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, 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 by or 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.

                          Subtitle E--Reports

     SEC. 351. INCLUSION OF NATIONAL GUARD READINESS FOR CIVIL 
                   SUPPORT MISSIONS IN QUARTERLY PERSONNEL AND 
                   UNIT READINESS REPORT.

       (a) Inclusion.--Section 482 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsection (f) as subsection (h);
       (2) by inserting after subsection (e) the following new 
     subsections (f) and (g):
       ``(f) Readiness of National Guard to Perform Civil Support 
     Missions.--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.
       ``(g) Availability of National Guard Readiness Information 
     to States.--With respect to the information required to be 
     included in a report under subsection (f) that is relevant to 
     the National Guard of a State, the Secretary of Defense shall 
     make that information available to the Governor of the 
     State.''; and
       (3) in subsection (a), by striking ``subsections (b), (d), 
     and (e)'' and inserting ``subsections (b), (d), (e), and 
     (f)''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to a report submitted after the date 
     of the enactment of this Act.
       (c) Report to Congress.--As part of the budget 
     justification materials submitted to Congress in support of 
     the President's budget for fiscal year 2009, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on any steps the Secretary has taken to prepare to 
     implement the requirement under subsection (f) of section 482 
     of title 10, United States Code, as added by subsection (a). 
     The report shall include a description of the Secretary's 
     plans 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 with State Governors.

     SEC. 352. PLAN TO IMPROVE READINESS OF ACTIVE AND RESERVE 
                   COMPONENT GROUND FORCES.

       (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 active and reserve components 
     of the ground forces of the United States Armed Forces. Each 
     such report shall include--
       (1) a summary of the readiness of each reporting unit of 
     the active and reserve components of the ground forces and a 
     summary of the readiness of each major combat unit of each 
     military department by readiness level, as reflected in the 
     Department of Defense status of resources and training 
     system;
       (2) an identification of the extent to which the actual 
     readiness ratings of the active and reserve components of the 
     United States 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 active and reserve components of the ground 
     forces, 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 active and reserve components of the ground forces 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 outlines 
     the resources required to improve the readiness of the active 
     and reserve components of the ground forces, 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 the 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 active 
     and reserve components of the ground forces of the United 
     States Armed Forces.

     SEC. 353. PLAN FOR OPTIMAL USE OF STRATEGIC PORTS BY 
                   COMMANDER OF SURFACE DISTRIBUTION AND 
                   DEPLOYMENT COMMAND.

       By not later than January 30, 2008, the Secretary of 
     Defense shall develop and implement a plan to optimize the 
     use of strategic ports by the Surface Distribution and 
     Deployment Command. Such plan shall--
       (1) address cost effectiveness, manning requirements, 
     location, and maximization of utilization of resources for 
     each strategic port; and
       (2) include--
       (A) an analysis of how each Surface Distribution and 
     Deployment Command strategic port is chosen for the worldwide 
     deployment and distribution of Department of Defense 
     supplies, personal property, and personnel; and
       (B) provisions for consultation with the local port 
     authority for any strategic port at which there is no 
     permanent Surface Distribution and Deployment Command 
     presence.

     SEC. 354. 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 five, ten, 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 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

[[Page 12751]]

       (C) a comparison between the requirements of the Department 
     needs 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.
       (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. 355. 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, rated 
     based on the Department of Defense Status of Resources and 
     Training system and 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.--By not later than 60 
     days after the date on which the 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 on 
     issues relating to the status of the materiel in the 
     prepositioned stocks.''.
       (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. 356. CONDITIONS ON RELOCATION OF NORTH AMERICAN 
                   AEROSPACE DEFENSE COMMAND CENTER AND RELATED 
                   FUNCTIONS FROM CHEYENNE MOUNTAIN TO PETERSON 
                   AIR FORCE BASE.

       (a) Submission of Cost-Benefit Analysis and Relocation 
     Plan.--The Secretary of Defense may not commence the 
     relocation of or, if previously commenced, continue the 
     relocation of the North American Aerospace Defense command 
     center and related functions from Cheyenne Mountain to 
     Peterson Air Force Base, Colorado, until after the end of the 
     180-day period beginning on the date on which the Secretary 
     submits to Congress a report containing--
       (1) an analysis comparing the total costs associated with 
     the relocation, including costs determined as part of ongoing 
     security-related studies of the relocation, to anticipated 
     operational benefits from the relocation; and
       (2) the final plans for the relocation of the North 
     American Aerospace Defense command center and related 
     functions.
       (b) Comptroller General Review.--Not later than 60 days 
     after the date on which the Secretary of Defense submits the 
     report required by subsection (a), the Comptroller General 
     shall submit to Congress a review of the report and the final 
     plans of the Secretary for relocation of the North American 
     Aerospace Defense command center and related functions.

     SEC. 357. REPORT ON PUBLIC-PRIVATE PARTNERSHIPS.

       (a) Report Required.--Not later than April 1, 2008, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the House of Representatives and the Committee of 
     Armed Services of the Senate a report regarding public-
     private partnerships at Centers of Industrial and Technical 
     Excellence designated under section 2474 of title 10, United 
     States Code.
       (b) Contents of Report.--The report required under 
     paragraph (1) shall include a description of each of the 
     following:
       (1) Common approaches and procedures for the military 
     departments regarding implementation of public-private 
     partnerships.
       (2) Consistent cost methodologies and reimbursement 
     guidance applicable to maintenance and repair workload 
     performed by Federal Government personnel.
       (3) Implementation procedures for completing contract 
     negotiations for public-private partnerships within 12 
     months.
       (4) The Secretary's utilization of commercial practices to 
     replace existing inventory and component management, 
     technical publication data, document management, and 
     equipment maintenance, and calibration requirements of the 
     Department of Defense.
       (5) Delegation of Class 2 Design authority based on 
     commercial practices to maintain the form, fit, and function 
     of a weapon system platform, major end item, component of a 
     major end item, or article.
       (6) The Secretary's plan to expand Department of Defense 
     core capabilities, as defined in section 2464 of such title.

                       Subtitle F--Other Matters

     SEC. 361. 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 paragraph (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; and
       ``(B) for which participation exceeds 100 amateur 
     athletes.''; 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) shall be derived 
     from the Support for International Sporting Competitions, 
     Defense account established by section 5802 of the Omnibus 
     Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note), 
     notwithstanding any limitation under that section relating to 
     the availability of funds in such account for the provision 
     of support for international sporting competitions.
       ``(2) The total amount expended for any fiscal year to 
     provide support for sporting events described in subsection 
     (c)(5) may not exceed $1,000,000.''.
       (b) Source of Funds.--Section 5802 of the Omnibus 
     Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note) 
     is amended--
       (1) by inserting after ``international sporting 
     competitions'' the following: ``and for support of sporting 
     competitions authorized under section 2564(c)(4) and (5), of 
     title 10, United States Code,''; and
       (2) by striking ``45 days'' and inserting ``15 days''.

     SEC. 362. 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 comply with reasonable 
     restrictions prescribed by the Secretary in order to receive 
     the full amount deducted under subsection (b).''.

     SEC. 363. 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

[[Page 12752]]

     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 or, but for 
     age, would be eligible for retired pay under chapter 1223 of 
     this title;
       ``(2) resides in or is located in a Commonwealth or 
     possession of the United States; and
       ``(3) is referred by a primary care physician 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 term `specialty 
     care provider' has the meaning given that term in section 
     1074i(b) of this title.''.
       (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. 364. 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 under the 
     jurisdiction of the Secretary of the same military department 
     as the member to which it is furnished, 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 under the 
     jurisdiction of the Secretary of the same military department 
     as the member who disposed of the property, 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. 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. 365. RETENTION OF ARMY COMBAT UNIFORMS BY MEMBERS OF 
                   ARMY DEPLOYED IN SUPPORT OF CONTINGENCY 
                   OPERATIONS.

       (a) Retention of Combat Uniforms.--Chapter 435 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 4566. Retention of Army combat uniforms by members 
       deployed in support of contingency operations

       ``The Secretary of the Army may authorize a member of the 
     Army 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 exterior articles of uniform 
     that were issued to that member as part of an Army combat 
     uniform.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``4566. Retention of Army combat uniforms by members deployed in 
              support of contingency operations.''.

       (c) Effective Date.--Section 4566 of title 10, United 
     States Code, as added by subsection (a), shall apply with 
     respect to a member of the Army who completes a deployment on 
     or after October 1, 2007.

     SEC. 366. ISSUE OF SERVICEABLE MATERIAL 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 he 
     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. He may also issue 40 rounds of ball cartridges for 
     each midshipman for each range at which target practice is 
     held, but not more than 120 rounds each year for each 
     midshipman participating in target practice.
       ``(b) Responsibilities of Institutions.--The institutions 
     to which property is lent under subsection (a) shall--
       ``(1) use the property for target practice;
       ``(2) take proper care of the property; and
       ``(3) return the property when required.
       ``(c) Regulations.--The Secretary 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 Force 7910.''.

     SEC. 367. PROHIBITION ON DEACTIVATION OF 36TH RESCUE FLIGHT.

       The Secretary of Defense shall ensure that no action is 
     taken to deactivate the Air Force unit known as the 36th 
     Rescue Flight that is assigned to Fairchild Air Force Base in 
     Spokane, Washington, or to reassign or reorganize any of the 
     search and rescue capabilities of that unit.

     SEC. 368. LIMITATION ON EXPENDITURE OF FUNDS FOR INITIAL 
                   FLIGHT SCREENING AT PUEBLO MEMORIAL AIRPORT.

       Of the amounts authorized to be appropriated for initial 
     flight screening at Pueblo Memorial Airport, not more than 50 
     percent shall be expended until the Secretary of the Air 
     Force submits to the congressional defense committees a 
     certification that the Secretary has developed a plan, 
     together with the City of Pueblo, Colorado, to meet Air Force 
     crash, fire, and rescue requirements to support Air Force 
     flight operations at Pueblo Memorial Airport.

              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.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

[[Page 12753]]

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.
Sec. 422. Armed Forces Retirement Home.
Sec. 423. Offsetting transfers from National Defense Stockpile 
              Transaction Fund.

                       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, 329,651.
       (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, 329,098.
       ``(3) For the Marine Corps, 189,000.
       ``(4) For the Air Force, 329,563.''.

     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.--
       (1) Base law.--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) is repealed.
       (2) Delayed amendment.--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:


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

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

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


[[Page 12754]]



------------------------------------------------------------------------
                                   Number of officers who may be serving
   Total number of commissioned         on active duty in grade of:
 officers (excluding officers in  --------------------------------------
     categories specified in        Lieutenant
  subsection (b)) on active 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
69,000...........................       14,245        8,352        3,718
72,000...........................       17,517        9,890     4,467''.
------------------------------------------------------------------------

                       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, 29,240.
       (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, 13,944.
       (6) The Air Force Reserve, 2,721.

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

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

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

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

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

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

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

       (a) Review of Operational Support Missions Performed by 
     Certain Reserve Component Personnel.--
       (1) Review required.--The Secretary of Defense shall 
     conduct a review of the long-term operational support 
     missions performed by members of the reserve components 
     authorized under section 115(b) of title 10 United States 
     Code to be on active duty or full-time National Guard duty 
     for the purpose of providing operational support, with the 
     objectives of such review being--
       (A) minimizing the number of reserve component members who 
     perform such service for a period greater than 1095 
     consecutive days, or cumulatively for 1095 days out of the 
     previous 1460 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

[[Page 12755]]

      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 $115,439,889,000. The authorization in the 
     preceding sentence supersedes any other authorization of 
     appropriations (definite or indefinite) for such purpose for 
     fiscal year 2008.

     SEC. 422. 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. 423. OFFSETTING TRANSFERS FROM NATIONAL DEFENSE 
                   STOCKPILE TRANSACTION FUND.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall transfer 
     $150,000,000 from the unobligated balances of the National 
     Defense Stockpile Transaction Fund to the Miscellaneous 
     Receipts Fund of the United States Treasury to offset 
     estimated costs arising from section 702 and the amendments 
     made by such section.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Assignment of officers to designated positions of importance 
              and responsibility.
Sec. 502. Increase in years of commissioned service threshold for 
              discharge of probationary officers and for use of force 
              shaping authority.
Sec. 503. Special promotion authority for Navy career military 
              professors.

                 Subtitle B--Reserve Component Matters

Sec. 511. Mandatory separation of Reserve officers in the grade of 
              lieutenant general or vice admiral after completion of 38 
              years of commissioned service.
Sec. 512. Constructive service credit upon original appointment of 
              reserve officers in certain health care professions.
Sec. 513. Maximum period of temporary Federal recognition of person as 
              Army National Guard officer or Air Force Reserve officer.
Sec. 514. Military technicians (dual status) in the Selected Reserve.
Sec. 515. Working group on reintegration of reserve component members 
              returning from deployment.
Sec. 516. National Guard yellow ribbon reintegration program.
Sec. 517. Advance notice to members of reserve components of deployment 
              in support of contingency operations.

                   Subtitle C--Education and Training

Sec. 521. Reduction or elimination of service obligation in an Army 
              Reserve or Army National Guard troop program unit for 
              certain persons selected as medical students at Uniformed 
              Services University of the Health Sciences.
Sec. 522. Increase in annual limit on number of ROTC scholarships under 
              Army Reserve and Army National Guard program.
Sec. 523. Revisions to authority to pay tuition for off-duty training 
              or education.
Sec. 524. National Defense University master's degree programs.
Sec. 525. Recodification in title 38, United States Code, of certain 
              educational assistance programs for members of the 
              reserve components.
Sec. 526. Secretary of Defense evaluation of the adequacy of the 
              degree-granting authorities of certain military 
              universities and educational institutions.
Sec. 527. Navy Junior Reserve Officers' Training Corps unit for 
              Southold, Mattituck, and Greenport high schools.

                Subtitle D--General Service Authorities

Sec. 531. Authority to reduce required service obligation for initial 
              appointment of qualified health professionals as officers 
              in critical specialties.
Sec. 532. Reenlistment in former enlisted grade after service as an 
              officer.

       Subtitle E--Military Justice and Legal Assistance Matters

Sec. 541. Authority to designate certain civilian employees of the 
              Federal Government as eligible for legal assistance from 
              Department of Defense legal staff resources.

                   Subtitle F--Decorations and Awards

Sec. 551. Authorization and request for award of Medal of Honor to 
              Leslie H. Sabo, Jr., for acts of valor during the Vietnam 
              War.
Sec. 552. Authorization and request for award of Medal of Honor to 
              Henry Svehla for acts of valor during the Korean War.
Sec. 553. Authorization and request for award of Medal of Honor to 
              Woodrow W. Keeble for acts of valor during the Korean 
              War.
Sec. 554. Authorization and request for award of Medal of Honor to 
              Private Philip G. Shadrach for acts of valor during the 
              Civil War.
Sec. 555. Authorization and request for award of Medal of Honor to 
              Private George D. Wilson for acts of valor as one of 
              Andrews Raiders during the Civil War.
Sec. 556. Cold War Victory Medal.

     Subtitle G--Impact Aid and Defense Dependents Education System

Sec. 561. Tuition assistance for military dependents in overseas areas 
              where schools operated by Defense Dependents' Education 
              System are not reasonably available.
Sec. 562. Continuation of authority to assist local educational 
              agencies that benefit dependents of members of the Armed 
              Forces and Department of Defense civilian employees.

                       Subtitle H--Other Matters

Sec. 571. Extension of authority to accept gifts, devises, or bequests 
              to benefit members of the Armed Forces, dependents, and 
              civilian employees of the Department of Defense.
Sec. 572. Uniform performance policies for military bands and other 
              musical units.
Sec. 573. Repeal of limitation on number of academies of Department of 
              Defense STARBASE Program in a single State.
Sec. 574. Combat veterans mentoring program for current members of the 
              Armed Forces.
Sec. 575. Recognition of members of the Monuments, Fine Arts, and 
              Archives program of the Civil Affairs and Military 
              Government Sections of the Armed Forces during and 
              following World War II.
Sec. 576. Program to commemorate 50th anniversary of the Vietnam War.

                  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 by 
     striking paragraph (4) and inserting the following new 
     paragraph:
       ``(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.''.
       (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. INCREASE IN YEARS OF COMMISSIONED SERVICE THRESHOLD 
                   FOR DISCHARGE OF PROBATIONARY OFFICERS AND FOR 
                   USE OF FORCE SHAPING AUTHORITY.

       (a) Active-Duty List Officers.--
       (1) Extended probationary period.--Paragraph (1)(A) of 
     section 630 of title 10, United States Code, is amended by 
     striking ``five years'' and inserting ``six years''.
       (2) Section heading.--The heading of such section is 
     amended by striking ``five years'' and inserting ``six 
     years''.
       (3) Table of sections.--The item relating to such section 
     in the table of sections at the beginning of subchapter III 
     of chapter 36 of such title is amended to read as follows:

``630. Discharge of commissioned officers with less than six years of 
              active commissioned service or found not qualified for 
              promotion for first lieutenant or lieutenant (junior 
              grade).''.
       (b) Officer Force Shaping Authority.--Section 647(b)(1) of 
     such title is amended by striking ``5 years'' both places it 
     appears and inserting ``six years''.

[[Page 12756]]

       (c) Reserve Officers.--
       (1) Extended probationary period.--Subsection (a)(1)(A) 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. 503. SPECIAL PROMOTION AUTHORITY FOR NAVY CAREER 
                   MILITARY PROFESSORS.

       (a) Removal From Chapter 36 Promotion Process.--Paragraph 
     (2) of section 641 of title 10, United States Code, is 
     amended to read as follows:
       ``(2) The director of admissions, dean, and permanent 
     professors at the United States Military Academy, the 
     registrar, dean, and permanent professors at the United 
     States Air Force Academy, and permanent professors at the 
     United States Naval Academy.''.
       (b) Establishment of Special Promotion Process.--Chapter 
     603 of such title is amended by inserting after section 6970 
     the following new section:

     ``Sec. 6970a. Permanent professors: promotion

       ``(a) Promotion Authority.--An officer of the Navy or 
     Marine Corps serving as a permanent professor at the Naval 
     Academy in the grade of commander or lieutenant colonel may 
     be recommended for promotion to the grade of captain or 
     colonel, as the case may be.
       ``(b) Eligibility for Promotion.--An officer described in 
     subsection (a) is not eligible for promotion under this 
     section until after the date on which the officer completes 
     six years of service as a permanent professor or career 
     military professor.
       ``(c) Actual Promotion.--The promotion of an officer 
     recommended for promotion under this section is subject to 
     appointment of the officer to the higher grade by the 
     President, by and with the advice and consent of the 
     Senate.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 6970 the following new item:

``6970a. Permanent professors: promotion.''.

                 Subtitle B--Reserve Component Matters

     SEC. 511. 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, 30 days after 
     completion of 38 years of commissioned service, be separated 
     in accordance with section 14514 of this title.''.
       (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. 512. CONSTRUCTIVE SERVICE CREDIT UPON ORIGINAL 
                   APPOINTMENT OF RESERVE OFFICERS IN CERTAIN 
                   HEALTH CARE PROFESSIONS.

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

     SEC. 513. MAXIMUM PERIOD OF TEMPORARY FEDERAL RECOGNITION OF 
                   PERSON AS ARMY NATIONAL GUARD OFFICER OR AIR 
                   FORCE RESERVE 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. 514. MILITARY TECHNICIANS (DUAL STATUS) IN THE SELECTED 
                   RESERVE.

       (a) Retention of Military Technicians Who Lose Dual Status 
     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.''.
       (b) Temporary Employment Authority.--Subsection (a) of such 
     section is amended by adding at the end the following new 
     paragraph:
       ``(4) The secretary of a military department may 
     temporarily waive the requirements of subsection (a)(1)(B) in 
     order to fill a military technician (dual status) position 
     while that position is vacant as a result of the mobilization 
     of the technician normally assigned to that position under a 
     call to active duty for a period of more than 30 days under 
     section 12301, 12302, or 12304 of this title in support of a 
     contingency operation. In no case may the waiver authority be 
     used in connection with any position for more than two years. 
     The Secretary of Defense shall prescribe regulations to carry 
     out this paragraph.''.
       (c) Deferral of Mandatory Separation.--Subsection (f) of 
     such section is amended--
       (1) by striking ``The Secretary of the Army'' and inserting 
     ``(1) The Secretary of the Army and the Secretary of the Air 
     Force'';
       (2) by striking ``the military technician (dual status) 
     reaches age 60 and attains eligibility for an unreduced 
     annuity (as defined in section 10218(c) of this title).'' and 
     inserting the following: ``the military technician (dual 
     status)--
       ``(A) reaches age 60 and attains eligibility for an 
     unreduced annuity; or
       ``(B) attains eligibility for an unreduced annuity after 
     age 60, but in no case may the separation be deferred for 
     more than 30 days after the person reaches age 62.''; and
       (3) by adding at the end the following new paragraph:
       ``(2) For purposes of this subsection, the determination of 
     whether a technician is eligible for an unreduced annuity 
     shall be made in the manner provided by section 10218(d) of 
     this title.''.

     SEC. 515. WORKING GROUP ON REINTEGRATION OF RESERVE COMPONENT 
                   MEMBERS RETURNING FROM DEPLOYMENT.

       (a) Working Group Required.--The Secretary of Defense shall 
     establish within the Department of Defense a working group to 
     identify and assess the reintegration needs of members of the 
     reserve components who return from overseas operational 
     deployment.
       (b) Members.--The working group shall consist of 16 
     members, to be appointed by the Secretary of Defense. The 
     Secretary shall attempt to achieve a balance of members on 
     the working group from, at a minimum, the following:
       (1) The Department of Defense.
       (2) The Department of Veterans Affairs.
       (3) One member each from the Army National Guard of the 
     United States, the Army Reserve, the Navy Reserve, the Marine 
     Corps Reserve, the Air National Guard of the United States, 
     and the Air Force Reserve.
       (4) At least one dependent of a member of the Army National 
     Guard or Air National Guard who has been deployed overseas.
       (5) At least one dependent of a member of the Army Reserve, 
     Navy Reserve, Marine Corps Reserve, or Air Force Reserve who 
     has been deployed overseas.
       (6) One State adjutant general.
       (7) Representatives of other Federal agencies and non-
     Federal members, as considered appropriate by the Secretary.

[[Page 12757]]

       (c) Responsibilities.--The working group shall--
       (1) identify and assess the needs of members of the reserve 
     components returning from deployment in making the transition 
     to civilian life, including members who have experienced 
     multiple recent deployments and members who have been wounded 
     or injured during deployment, and identify and assess the 
     needs of the families of such members;
       (2) develop recommendations on means of improving 
     assistance to such members in meeting the needs identified in 
     paragraph (1) on their return from deployment and in meeting 
     the need of their families identified in paragraph (1); and
       (3) assess the current transition and reintegration 
     programs employed by the reserve components for members and 
     their families following redeployment.
       (d) Elements of Assessment.--The assessment required by 
     subsection (c)(3) shall include--
       (1) a comparison of existing reintegration programs by 
     service, State, or command;
       (2) an analysis of participation of other Federal agencies 
     in current programs;
       (3) the costs associated with different programs;
       (4) identification of best practices from existing 
     programs; and
       (5) a recommended plan for incorporating the best practices 
     into current reserve component demobilization activities.
       (e) Consultation.--In carrying out its responsibilities 
     under subsection (c), the working group shall consult with 
     the following:
       (1) Representatives of organizations that assist wounded or 
     injured members of the reserve components.
       (2) Representatives of organizations that assist family 
     members of members of the reserve components.
       (3) Representatives of such other public or private 
     organizations and entities as the working group considers 
     appropriate.
       (f) Report.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the working group shall 
     submit to the Secretary of Defense and Congress a report on 
     its activities under subsection (c).
       (2) Elements.--The report shall include the following:
       (A) The results of the identifications and assessments 
     required under subsection (c).
       (B) The recommendations developed under subsection (c)(2), 
     including recommendations regarding the following:
       (i) The provision of outreach and assistance to members of 
     the reserve components returning from deployment and the 
     provision of outreach and assistance to their families.
       (ii) The improvement of collaboration between the public 
     and private sectors in order to ensure the successful 
     transition of such members and their families upon the return 
     of such members from deployment.
       (3) Availability to public.--The Secretary shall take 
     appropriate actions to make the report available to the 
     public, including through the internet web site of the 
     Department of Defense.

     SEC. 516. NATIONAL GUARD YELLOW RIBBON REINTEGRATION PROGRAM.

       (a) Establishment.--The Secretary of Defense, in 
     coordination with the Chief of the National Guard Bureau, 
     shall establish a national combat veteran reintegration 
     program to provide National Guard 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. The Secretary may also use 
     funds made available to carry out this section to support 
     reintegration programs for members of the Army Reserve, 
     Marine Corps Reserve, Navy Reserve, and Air Force Reserve and 
     their families.
       (b) Purpose.--The Yellow Ribbon Reintegration Program shall 
     consist of informational events and activities for reserve 
     component members, their families, and community members 
     through the four phases of the deployment cycle:
       (1) Pre-deployment.
       (2) Deployment.
       (3) Demobilization.
       (4) Post-deployment-reconstitution.
       (c) Consultation.--The National Guard Bureau Chief shall 
     consult with the following parties during establishment of 
     the program:
       (1) The Adjutant General of the Minnesota National Guard 
     and officials associated with the State's ``Beyond the Yellow 
     Ribbon'' Reintegration Program, the Adjutant General of New 
     Hampshire, the Adjutant General of Oregon, and the Adjutant 
     General of Washington.
       (2) Adjutants General of the remaining States and 
     territories.
       (d) Organization.--
       (1) Executive agent.--The Secretary shall designate the 
     National Guard Bureau as the Department of Defense executive 
     agent for the Yellow Ribbon Reintegration Program.
       (2) Establishment of the office for reintegration 
     programs.--
       (A) In general.--The National Guard Bureau shall establish 
     the Office for Reintegration Programs within the National 
     Guard Bureau Joint Staff. This office shall administer all 
     reintegration programs in coordination with State National 
     Guard organizations. The office shall be responsible for 
     coordination with existing National Guard family and support 
     programs. The Directors of the Army National Guard and Air 
     National Guard may appoint liaison officers to work with the 
     permanent office staff. The office shall closely coordinate 
     with the Army National Guard and Air National Guard 
     Directorates for Manpower and Personnel with respect to 
     existing family support structure, mobilization schedules, 
     training schedules, training plans and programs, and any 
     other personnel issues.
       (B) Establishment of a center for excellence in 
     reintegration.--The Office for Reintegration Programs shall 
     establish a Center for Excellence in Reintegration within the 
     office. The Center shall collect and analyze ``lessons 
     learned'' and suggestions from State National Guard 
     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 organizations. Representatives from 
     State National Guard organizations with successful 
     reintegration programs may augment the Office staff.
       (3) Advisory board.--
       (A) Appointment.--The Chief of the National Guard Bureau 
     shall appoint an advisory board to analyze and report areas 
     of success and areas for necessary improvements. The advisory 
     board shall include, but is not limited to, the Director of 
     the Army National Guard, the Director of the Air National 
     Guard, 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, the 
     Director of the National Guard Bureau Manpower and Personnel 
     Directorate (J-1), and any other Department of Defense, 
     Federal Government agency, or outside organization as 
     determined by the Chief of the National Guard Bureau. The 
     members of the advisory board may designate representatives 
     in their stead.
       (B) Schedule.--The advisory board shall meet on a schedule 
     as determined by the Chief of the National Guard Bureau.
       (C) Initial reporting requirement.--The advisory board 
     shall issue internal reports as necessary and shall submit an 
     initial report to the Committees on Armed Services not later 
     than 180 days after the end of a one-year period from 
     establishment of the Office for Reintegration Programs. This 
     report shall contain--
       (i) an evaluation of the reintegration program's 
     implementation by State National Guard organizations;
       (ii) an assessment of any unmet resource requirements;
       (iii) an assessment of the reintegration program's further 
     inclusion of other reserve component members and the 
     necessity for further expansion to incorporate all the 
     reserve components; and
       (iv) recommendations regarding closer coordination between 
     the Office of Reintegration Programs and State National Guard 
     organizations.
       (D) Annual reports.--The advisory board shall submit annual 
     reports to the Committees on Armed Services of the Senate and 
     House of Representatives following the initial report by the 
     first week in March of subsequent years following the initial 
     report.
       (4) State deployment cycle support teams.--The Office for 
     Reintegration Programs shall employ personnel to administer 
     the Yellow Ribbon Reintegration Program at the State level. 
     The Chief of the National Guard Bureau shall assign State 
     Deployment Cycle Support Team members based on State need, 
     geographical dispersion, and military population. The Office 
     for Reintegration Programs is encouraged to employ wounded 
     service members and returning combat veterans whenever 
     possible. The primary function of team members shall be--
       (A) developing and managing the reintegration curriculum;
       (B) contracting and recruiting for necessary service 
     providers; and
       (C) ensuring that providers' skills adapt to the unique 
     military nature of the reintegration program.
       (e) Program.--
       (1) In general.--The Office for Reintegration Programs 
     shall analyze the demographics, placement of State Family 
     Assistance Centers (FAC), and FAC resources before a 
     mobilization alert is issued to affected State National Guard 
     organizations. The Office of Reintegration Programs shall 
     consult with affected State National Guard 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 unit. Events 
     and activities shall focus on providing education and 
     ensuring the readiness of service members, families, and 
     communities for the rigors of a combat deployment.
       (3) Deployment phase.--The deployment phase shall 
     constitute the period from deployment of the mobilized 
     National Guard 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 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 unit at the 
     demobilization station until its departure for home station. 
     In the

[[Page 12758]]

     interest of returning members as soon as possible to their 
     home stations, reintegration briefings during the 
     demobilization phase shall be minimized. State Deployment 
     Cycle Support Teams are encouraged, however, to assist 
     demobilizing members in enrolling in the Department of 
     Veterans Affairs system using form 1010EZ during the 
     Demobilization Phase. State Deployment Cycle Support Teams 
     may provide other events from the initial reintegration 
     activity as determined by the State National Guard 
     organizations. Remaining events shall be conducted during the 
     post-deployment-reconstitution phase.
       (B) Initial reintegration activity.--The purpose of this 
     reintegration program is to educate service members about the 
     resources that are available to them and to connect members 
     to service providers who can assist them in overcoming the 
     challenges of reintegration.
       (5) Post-deployment-reconstitution phase.--
       (A) In general.--The post-deployment-reconstitution phase 
     shall constitute the period from arrival at home station 
     until 180 days following demobilization. Activities and 
     services provided shall focus on reconnecting service members 
     with their families and communities and providing resources 
     and information necessary for successful reintegration. 
     Reintegration events shall begin with elements of the Initial 
     Reintegration Activity program that were not completed during 
     the demobilization phase.
       (B) 30-day, 60-day, and 90-day reintegration activities.--
     The State National Guard organizations shall hold 
     reintegration activities at the 30-day, 60-day, and 90-day 
     interval following demobilization. These activities shall 
     focus on reconnecting service members and family members with 
     the service providers from initial reintegration activity to 
     ensure service members and their families understand what 
     benefits they are entitled to and what resources are 
     available to help them overcome the challenges of 
     reintegration. The reintegration activities shall also 
     provide a forum for service members and families to address 
     negative behaviors related to combat stress and transition.
       (C) Service member pay.--Service members shall receive 
     appropriate pay for days spent attending the Reintegration 
     Activities at the 30-day, 60-day, and 90-day interval.
       (D) Monthly individual reintegration program.--The Office 
     for Reintegration Programs, in coordination with State 
     National Guard organizations, shall offer a monthly 
     reintegration program for individual service members released 
     from active duty or formerly in a medical hold status. The 
     program shall focus on the special needs of this service 
     member subset and the Office for Reintegration Programs shall 
     develop an appropriate program of services and information.

     SEC. 517. ADVANCE NOTICE TO MEMBERS OF RESERVE COMPONENTS OF 
                   DEPLOYMENT IN SUPPORT OF CONTINGENCY 
                   OPERATIONS.

       (a) Advance Notice Required.--The Secretary of Defense 
     shall ensure that a member of a reserve component 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. At a minimum 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.

                   Subtitle C--Education and Training

     SEC. 521. REDUCTION OR ELIMINATION OF SERVICE OBLIGATION IN 
                   AN ARMY RESERVE OR ARMY NATIONAL GUARD TROOP 
                   PROGRAM UNIT FOR CERTAIN PERSONS SELECTED AS 
                   MEDICAL STUDENTS AT UNIFORMED SERVICES 
                   UNIVERSITY OF THE HEALTH SCIENCES.

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

     SEC. 522. INCREASE IN ANNUAL LIMIT ON NUMBER OF ROTC 
                   SCHOLARSHIPS UNDER ARMY RESERVE AND ARMY 
                   NATIONAL GUARD PROGRAM.

       Subsection (h) of section 2107a of title 10, United States 
     Code, is amended by striking ``416'' and inserting ``424''.

     SEC. 523. REVISIONS TO AUTHORITY TO PAY TUITION FOR OFF-DUTY 
                   TRAINING OR EDUCATION.

       (a) Inclusion of Coast Guard.--Section 2007(a) 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.--Section 2007(b) 
     of title 10, United States Code, 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.--Section 2007(c) of title 10, United States 
     Code, is amended to read as follows:
       ``(c) In the case of a member of the Ready Reserve, the 
     following provisions apply:
       ``(1) If the member is an officer of the Selected Reserve, 
     or of the Ready Reserve but not of the Selected Reserve, the 
     Secretary concerned may not pay charges under subsection (a) 
     unless the officer agrees to remain a member of the Selected 
     Reserve or of the Ready Reserve (as applicable) for at least 
     four years after completion of the education or training for 
     which the charges are paid.
       ``(2) If the member is an enlisted member in the Selected 
     Reserve, or in the Ready Reserve but not in the Selected 
     Reserve, the Secretary concerned may order the member to 
     serve, after completion of the education or training for 
     which the charges are paid, in the Selected Reserve or in the 
     Ready Reserve (as applicable) for such period of time as the 
     Secretary concerned prescribes, but not for more than four 
     years.
       ``(3) In addition, if the member is a member of the 
     Individual Ready Reserve, the Secretary concerned may not pay 
     charges under subsection (a) unless the Secretary concerned, 
     based upon the needs of the service and the military skills 
     or specialties of the member, selects the member for 
     participation under this section. The Secretary concerned 
     shall designate the military skills or specialties of members 
     to be eligible for selection under this section.''.
       (d) Conforming Amendment.--Section 2007 of title 10, United 
     States Code, is further amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.
       (e) Repayment.--Subsection (e) of such section, as so 
     redesignated by subsection (d), is amended--
       (1) by striking ``an officer'' and inserting ``a member'';
       (2) by striking ``subsection (b)'' and inserting ``this 
     section'';
       (3) by striking ``of active duty''; and
       (4) by striking ``the officer'' and inserting ``the 
     member''.
       (f) 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.''.

     SEC. 524. NATIONAL DEFENSE UNIVERSITY MASTER'S DEGREE 
                   PROGRAMS.

       (a) In General.--Section 2163 of title 10, United States 
     Code, is amended--
       (1) by striking the heading and inserting the following:

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

       (2) in subsection (a), by inserting after ``master of 
     science'' the following: ``or master of arts''; and
       (3) 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 Amendment.--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 to any person who 
     becomes a graduate on or after September 6, 2006.

[[Page 12759]]



     SEC. 525. RECODIFICATION IN TITLE 38, UNITED STATES CODE, OF 
                   CERTAIN EDUCATIONAL ASSISTANCE PROGRAMS FOR 
                   MEMBERS OF THE RESERVE COMPONENTS.

       (a) In General.--Part III of title 38, United States Code, 
     is amended by inserting after chapter 32 the following new 
     chapter:

    ``CHAPTER 33--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE RESERVE 
                               COMPONENTS

             ``subchapter i--members of the selected reserve

``Sec.
``3301. Educational assistance program: establishment; amount.
``3302. Eligibility for educational assistance.
``3303. Time limitation for use of entitlement.
``3304. Termination of assistance.
``3305. Failure to participate satisfactorily; penalties.
``3306. Administration of program
``3307. Reports to Congress.

   ``subchapter ii--reserve component members supporting contingency 
                operations and certain other operations

``3321. Purpose.
``3322. Educational assistance program.
``3323. Eligibility for educational assistance.
``3324. Time limitation for use of entitlement.
``3325. Termination of assistance.
``3326. Administration of program.

            ``SUBCHAPTER I--MEMBERS OF THE SELECTED RESERVE

     ``Sec. 3301. Educational assistance program: establishment; 
       amount

       ``(a) Establishment.--To encourage membership in units of 
     the Selected Reserve of the Ready Reserve, the Secretary of 
     Veterans Affairs, shall establish and maintain a program to 
     provide educational assistance to members of the Selected 
     Reserve of the Ready Reserve of the Armed Forces. The 
     Secretary of each military department shall, under 
     regulations prescribed by the Secretary of Defense, provide 
     to individuals who meet the eligibility requirements under 
     section 3302 of this title the opportunity to receive 
     educational assistance under this subchapter and shall 
     maintain a program to increase the rate of educational 
     assistance under this subchapter in accordance with 
     subsection (i).
       ``(b) Amount of Payment.--(1) Each educational assistance 
     program established under subsection (a) shall provide for 
     payment by the Secretary of Veterans Affairs of an 
     educational assistance allowance to each person entitled to 
     educational assistance under this subchapter who is pursuing 
     a program of education. Except as provided in subsections (d) 
     through (f), the educational assistance allowance shall be 
     paid at the rates in effect under the former chapter 1606 of 
     title 10, as in effect immediately before the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2008, as increased under paragraph (3).
       ``(2) For each month of less than half-time pursuit of a 
     program of education, educational assistance under this 
     subchapter shall be paid at a rate of 25 percent of the 
     amount payable for a month of full-time pursuit of a program 
     of education, except that no payment may be made to a person 
     for less than half-time pursuit if tuition assistance is 
     otherwise available to the person for such pursuit from the 
     military department concerned.
       ``(3) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the rates payable under subparagraphs (A), (B), and (C) of 
     paragraph (1) equal to the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(B) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in subparagraph (A).
       ``(c) Approved Programs of Education; Maximum Months of 
     Assistance.--(1) Educational assistance may be provided under 
     this subchapter for pursuit of any program of education that 
     is an approved program of education for purposes of chapter 
     30 of this title.
       ``(2) Subject to section 3695 of this title, the maximum 
     number of months of educational assistance that may be 
     provided to any person under this subchapter is 36 (or the 
     equivalent thereof in part-time educational assistance).
       ``(3)(A) Notwithstanding any other provision of this 
     subchapter or chapter 36 of this title, any payment of an 
     educational assistance allowance described in subparagraph 
     (B) of this paragraph shall not--
       ``(i) be charged against the entitlement of any individual 
     under this subchapter; or
       ``(ii) be counted toward the aggregate period for which 
     section 3695 of this title limits an individual's receipt of 
     assistance.
       ``(B) The payment of the educational assistance allowance 
     referred to in subparagraph (A) of this paragraph is the 
     payment of such an allowance to the individual for pursuit of 
     a course or courses under this subchapter if the Secretary of 
     Veterans Affairs finds that the individual--
       ``(i) had to discontinue such course pursuit as a result of 
     being ordered to serve on active duty under section 12301(a), 
     12301(d), 12301(g), 12302, or 12304 of title 10; and
       ``(ii) failed to receive credit or training time toward 
     completion of the individual's approved educational, 
     professional, or vocational objective as a result of having 
     to discontinue, as described in clause (i), the individual's 
     course pursuit.
       ``(C) The period for which, by reason of this subsection, 
     an educational assistance allowance is not charged against 
     entitlement or counted toward the applicable aggregate period 
     under section 3695 of this title shall not exceed the portion 
     of the period of enrollment in the course or courses for 
     which the individual failed to receive credit or with respect 
     to which the individual lost training time, as determined 
     under subparagraph (B)(ii).
       ``(d) Programs of Apprenticeship.--(1) Except as provided 
     in paragraph (2), the amount of the monthly educational 
     assistance allowance payable to a person pursuing a full-time 
     program of apprenticeship or other on-the-job training under 
     this subchapter is--
       ``(A) for each of the first six months of the person's 
     pursuit of such program, 75 percent of the monthly 
     educational assistance allowance otherwise payable to such 
     person under this subchapter;
       ``(B) for each of the second six months of the person's 
     pursuit of such program, 55 percent of such monthly 
     educational assistance allowance; and
       ``(C) for each of the months following the first 12 months 
     of the person's pursuit of such program, 35 percent of such 
     monthly educational assistance allowance.
       ``(2) In any month in which any person pursuing a program 
     of education consisting of a program of apprenticeship or 
     other on-the-job training fails to complete 120 hours of 
     training, the amount of the monthly educational assistance 
     allowance payable under this subchapter to the person shall 
     be limited to the same proportion of the applicable full-time 
     rate as the number of hours worked during such month, rounded 
     to the nearest 8 hours, bears to 120 hours.
       ``(3)(A) Except as provided in subparagraph (B), for each 
     month that such person is paid a monthly educational 
     assistance allowance under this subchapter, the person's 
     entitlement under this subchapter shall be charged at the 
     rate of--
       ``(i) 75 percent of a month in the case of payments made in 
     accordance with paragraph (1)(A);
       ``(ii) 55 percent of a month in the case of payments made 
     in accordance with paragraph (1)(B); and
       ``(iii) 35 percent of a month in the case of payments made 
     in accordance with paragraph (1)(C).
       ``(B) Any such charge to the entitlement shall be reduced 
     proportionately in accordance with the reduction in payment 
     under paragraph (2).
       ``(e) Correspondence Courses.--(1)(A) The amount of the 
     educational assistance allowance payable under this 
     subchapter to a person who enters into an agreement to 
     pursue, and is pursuing, a program of education exclusively 
     by correspondence is an amount equal to 55 percent of the 
     established charge which the institution requires nonveterans 
     to pay for the course or courses pursued by such person.
       ``(B) For purposes of subparagraph (A), the term 
     `established charge' means the lesser of--
       ``(i) the charge for the course or courses determined on 
     the basis of the lowest extended time payment plan offered by 
     the institution and approved by the appropriate State 
     approving agency; or
       ``(ii) the actual charge to the person for such course or 
     courses.
       ``(C) Such allowance shall be paid quarterly on a pro rata 
     basis for the lessons completed by the person and serviced by 
     the institution.
       ``(2) In each case in which the amount of educational 
     assistance is determined under paragraph (1), the period of 
     entitlement of the person concerned shall be charged with one 
     month for each amount equal to the amount of the monthly rate 
     payable under subsection (b)(1)(A) for the fiscal year 
     concerned which is paid to the individual as an educational 
     assistance allowance.
       ``(f) Flight Training.--(1) The Secretary of Veterans 
     Affairs may approve the pursuit of flight training (in 
     addition to a course of flight training that may be approved 
     under section 3680A(b) of this title) by an individual 
     entitled to educational assistance under this subchapter if--
       ``(A) such training is generally accepted as necessary for 
     the attainment of a recognized vocational objective in the 
     field of aviation;
       ``(B) the individual possesses a valid private pilot 
     certificate and meets, on the day the individual begins a 
     course of flight training, the medical requirements necessary 
     for a commercial pilot certificate; and
       ``(C) the flight school courses meet Federal Aviation 
     Administration standards for such courses and are approved by 
     the Federal Aviation Administration and the State approving 
     agency.
       ``(2) Each individual who is pursuing a program of 
     education consisting exclusively of flight training approved 
     as meeting the requirements of paragraph (1) shall be paid an 
     educational assistance allowance under this subchapter in the 
     amount equal to 60 percent of the established charges for 
     tuition and fees which similarly circumstanced nonveterans 
     enrolled in the same flight course are required to pay.
       ``(3) No educational assistance allowance may be paid under 
     this subchapter to an individual for any month during which 
     such individual is pursuing a program of education consisting 
     exclusively of flight training until the Secretary has 
     received from that individual and the institution providing 
     such training a certification of the flight training received 
     by the individual during that month and the tuition and other 
     fees charged for that training.

[[Page 12760]]

       ``(4) The period of entitlement of an individual pursuing a 
     program of education described in paragraph (1) shall be 
     charged with one month for each amount equal to the amount of 
     the monthly rate payable under subsection (b)(1)(A) for the 
     fiscal year concerned which is paid to that individual as an 
     educational assistance allowance for such program.
       ``(5) The number of solo flying hours for which an 
     individual may be paid an educational assistance allowance 
     under this subsection may not exceed the minimum number of 
     solo flying hours required by the Federal Aviation 
     Administration for the flight rating or certification which 
     is the goal of the individual's flight training.
       ``(g) Individualized Tutorial Assistance.--(1)(A) Subject 
     to subparagraph (B), the Secretary of Veterans Affairs shall 
     approve individualized tutorial assistance for any person 
     entitled to educational assistance under this subchapter 
     who--
       ``(i) is enrolled in and pursuing a postsecondary course of 
     education on a half-time or more basis at an educational 
     institution; and
       ``(ii) has a deficiency in a subject required as a part of, 
     or which is prerequisite to, or which is indispensable to the 
     satisfactory pursuit of, the program of education.
       ``(B) The Secretary of Veterans Affairs shall not approve 
     individualized tutorial assistance for a person pursuing a 
     program of education under this paragraph unless such 
     assistance is necessary for the person to successfully 
     complete the program of education.
       ``(2)(A) Subject to subparagraph (B), the Secretary of 
     Veterans Affairs shall pay to a person receiving 
     individualized tutorial assistance pursuant to paragraph (1) 
     a tutorial assistance allowance. The amount of the allowance 
     payable under this paragraph may not exceed $100 for any 
     month, nor aggregate more than $1,200. The amount of the 
     allowance paid under this paragraph shall be in addition to 
     the amount of educational assistance allowance payable to a 
     person under this subchapter.
       ``(B) A tutorial assistance allowance may not be paid to a 
     person under this paragraph until the educational institution 
     at which the person is enrolled certifies that--
       ``(i) the individualized tutorial assistance is essential 
     to correct a deficiency of the person in a subject required 
     as a part of, or which is prerequisite to, or which is 
     indispensable to the satisfactory pursuit of, an approved 
     program of education;
       ``(ii) the tutor chosen to perform such assistance is 
     qualified to provide such assistance and is not the person's 
     parent, spouse, child (whether or not married or over 
     eighteen years of age), brother, or sister; and
       ``(iii) the charges for such assistance do not exceed the 
     customary charges for such tutorial assistance.
       ``(3)(A) A person's period of entitlement to educational 
     assistance under this subchapter shall be charged only with 
     respect to the amount of tutorial assistance paid to the 
     person under this subsection in excess of $600.
       ``(B) A person's period of entitlement to educational 
     assistance under this subchapter shall be charged at the rate 
     of one month for each amount of assistance paid to the 
     individual under this section in excess of $600 that is equal 
     to the amount of the monthly educational assistance allowance 
     which the person is otherwise eligible to receive for full-
     time pursuit of an institutional course under this 
     subchapter.
       ``(h) Courses Beyond Baccalaureate Degree.--A program of 
     education in a course of instruction beyond the baccalaureate 
     degree level shall be provided under this subchapter, subject 
     to the availability of appropriations.
       ``(i) Special Skills.--(1) In the case of a person who has 
     a skill or specialty designated by the Secretary of the 
     military department concerned as a skill or specialty in 
     which there is a critical shortage of personnel or for which 
     it is difficult to recruit or, in the case of critical units, 
     retain personnel, the Secretary of the military department 
     concerned may increase the rate of the educational assistance 
     allowance applicable to that person to such rate in excess of 
     the rate prescribed under subparagraphs (A) through (D) of 
     subsection (b)(1) as the Secretary of Defense considers 
     appropriate, but the amount of any such increase may not 
     exceed $350 per month.
       ``(2) In the case of a person who has a skill or specialty 
     designated by the Secretary of the military department 
     concerned as a skill or specialty in which there is a 
     critical shortage of personnel or for which it is difficult 
     to recruit or, in the case of critical units, retain 
     personnel, who is eligible for educational benefits under 
     chapter 30 (other than section 3012) of this title and who 
     meets the eligibility criteria specified in subparagraphs (A) 
     and (B) of section 3302(a)(1) of this title, the Secretary of 
     the military department concerned may increase the rate of 
     the educational assistance allowance applicable to that 
     person to such rate in excess of the rate prescribed under 
     section 3015 of this title as the Secretary of Defense 
     considers appropriate, but the amount of any such increase 
     may not exceed $350 per month.
       ``(3) The authority provided by paragraphs (1) and (2) 
     shall be exercised by the Secretaries of the military 
     departments under regulations prescribed by the Secretary of 
     Defense.
       ``(j) Licensing and Certification.--(1) Subject to 
     paragraph (3), the amount of educational assistance payable 
     under this subchapter for a licensing or certification test 
     described in section 3452(b) of this title is the lesser of 
     $2,000 or the fee charged for the test.
       ``(2) The number of months of entitlement charged in the 
     case of any individual for such licensing or certification 
     test is equal to the number (including any fraction) 
     determined by dividing the total amount of educational 
     assistance paid such individual for such test by the full-
     time monthly institutional rate of educational assistance 
     which, but for paragraph (1), such individual would otherwise 
     be paid under subsection (b).
       ``(3) In no event shall payment of educational assistance 
     under this subsection for such a test exceed the amount of 
     the individual's available entitlement under this subchapter.

     ``Sec. 3302. Eligibility for educational assistance

       ``(a) Eligibility.--A person who--
       ``(1) after June 30, 1985--
       ``(A) enlists, reenlists, or extends an enlistment as a 
     Reserve for service in the Selected Reserve for a period of 
     not less than six years; or
       ``(B) is appointed as, or is serving as, a reserve officer 
     and agrees to serve in the Selected Reserve for a period of 
     not less than six years in addition to any other period of 
     obligated service in the Selected Reserve to which the person 
     may be subject; and
       ``(2) before applying for benefits under this section, has 
     completed the requirements of a secondary school diploma (or 
     an equivalency certificate);
     is entitled to educational assistance under section 3301 of 
     this title.
       ``(b) Active Duty for Training Required.--Educational 
     assistance may not be provided to a member under this 
     subchapter until the member has completed the initial period 
     of active duty for training required of the member.
       ``(c) Notification.--Each person who becomes entitled to 
     educational assistance under subsection (a) shall at the time 
     the person becomes so entitled be given a statement in 
     writing summarizing the provisions of this subchapter and 
     stating clearly and prominently the substance of sections 
     3304 and 3305 of this title as such sections may apply to the 
     person. At the request of the Secretary of Veterans Affairs, 
     the Secretary of Defense shall transmit a notice of 
     entitlement for each such person to that Secretary.
       ``(d) Bar From Dual Eligibility.--A person who serves in 
     the Selected Reserve may not receive credit for such service 
     under both the program established by chapter 30 of this 
     title and the program established by this subchapter but 
     shall elect (in such form and manner as the Secretary of 
     Veterans Affairs may prescribe) the program to which such 
     service is to be credited. However, a person may not receive 
     credit under the program established by this subchapter for 
     service (in any grade) on full-time active duty or full-time 
     National Guard duty for the purpose of organizing, 
     administering, recruiting, instructing, or training the 
     reserve components in a position which is included in the end 
     strength required to be authorized each year by section 
     115(a)(1)(B) of title 10.

     ``Sec. 3303. Time limitation for use of entitlement

       ``(a) Time Limitation.--Except as provided in subsection 
     (b), the period during which a person entitled to educational 
     assistance under this subchapter may use such person's 
     entitlement expires (1) at the end of the 14-year period 
     beginning on the date on which such person becomes entitled 
     to such assistance, or (2) on the date the person is 
     separated from the Selected Reserve, whichever occurs first.
       ``(b) Exceptions.--(1) In the case of a person--
       ``(A) who is separated from the Selected Reserve because of 
     a disability which was not the result of the individual's own 
     willful misconduct incurred on or after the date on which 
     such person became entitled to educational assistance under 
     this subchapter; or
       ``(B) who, on or after the date on which such person became 
     entitled to educational assistance under this subchapter 
     ceases to be a member of the Selected Reserve during the 
     period beginning on October 1, 1991, and ending on December 
     31, 2001, by reason of the inactivation of the person's unit 
     of assignment or by reason of involuntarily ceasing to be 
     designated as a member of the Selected Reserve pursuant to 
     section 10143(a) of title 10,
     the period for using entitlement prescribed by subsection (a) 
     shall be determined without regard to clause (2) of such 
     subsection.
       ``(2) The provisions of section 3031(f) of this title shall 
     apply to the period of entitlement prescribed by subsection 
     (a).
       ``(3) The provisions of section 3031(d) of this title shall 
     apply to the period of entitlement prescribed by subsection 
     (a) in the case of a disability incurred in or aggravated by 
     service in the Selected Reserve.
       ``(4) In the case of a member of the Selected Reserve of 
     the Ready Reserve who serves on active duty pursuant to an 
     order to active duty issued under section 12301(a), 12301(d), 
     12301(g), 12302, or 12304 of title 10--
       ``(A) the period of such active duty service plus four 
     months shall not be considered in determining the expiration 
     date applicable to such member under subsection (a); and
       ``(B) the member may not be considered to have been 
     separated from the Selected Reserve for the purposes of 
     clause (2) of such subsection by reason of the commencement 
     of such active duty service.

     ``Sec. 3304. Termination of assistance

       ``Educational assistance may not be provided under this 
     subchapter--
       ``(1) to a member receiving financial assistance under 
     section 2107 of title 10 as a member of the Senior Reserve 
     Officers' Training Corps program; or

[[Page 12761]]

       ``(2) to a member who fails to participate satisfactorily 
     in required training as a member of the Selected Reserve.

     ``Sec. 3305. Failure to participate satisfactorily; penalties

       ``(a) Penalties.--At the option of the Secretary of the 
     military department concerned, in consultation with the 
     Secretary of Veterans Affairs, a member of the Selected 
     Reserve of an armed force who does not participate 
     satisfactorily in required training as a member of the 
     Selected Reserve during a term of enlistment or other period 
     of obligated service that created entitlement of the member 
     to educational assistance under this subchapter, and during 
     which the member has received such assistance, may--
       ``(1) be ordered to active duty for a period of two years 
     or the period of obligated service the person has remaining 
     under section 3302 of this title, whichever is less; or
       ``(2) be subject to repayment requirements prescribed by 
     the Secretary of Veterans Affairs that are similar to the 
     repayment provisions under section 303a(e) of title 37.
       ``(b) Collection of Funds.--The Secretary of Veterans 
     Affairs shall collect any amount required to be repaid under 
     subsection (a)(2).
       ``(c) Effect of Repayment.--Any repayment under subsection 
     (a)(2) shall not affect the period of obligation of a member 
     to serve as a Reserve in the Selected Reserve.

     ``Sec. 3306. Administration of program

       ``(a) Payments.--(1) Except as provided under paragraph 
     (2), payments for educational assistance under this 
     subchapter shall be made from funds appropriated or otherwise 
     made available to the Department of Veterans Affairs for 
     fiscal year 2009 or any subsequent fiscal year for the 
     payment of readjustment benefits.
       ``(2) Payments for increases in rates of educational 
     assistance under section 3301(i) shall be made from amounts 
     in the Department of Defense Education Benefits Fund under 
     section 2006 of title 10. Amounts for such payments shall be 
     made available to the Secretary in accordance with the 
     provisions of section 2006(d) of title 10.
       ``(b) Program Management.--Except as otherwise provided in 
     this subchapter, the provisions of sections 3470, 3471, 3474, 
     3476, 3482(g), 3483, and 3485 of this title and the 
     provisions of subchapters I and II of chapter 36 of this 
     title (with the exception of sections 3686(a) and 3687) shall 
     be applicable to the provision of educational assistance 
     under this subchapter. The term `eligible veteran' and the 
     term `person', as used in those provisions, shall be deemed 
     for the purpose of the application of those provisions to 
     this subchapter to refer to a person eligible for educational 
     assistance under this subchapter.
       ``(c) Application of Benefits.--The Secretary of Veterans 
     Affairs may not make a distinction in the application of 
     educational assistance benefits under this subchapter on the 
     basis of whether a person who is eligible for educational 
     assistance under this subchapter first became so eligible 
     under former chapter 1606 of title 10, as in effect 
     immediately on September 30, 2008.

     ``Sec. 3307. Biennial report to Congress

       ``The Secretary of Veterans Affairs, in coordination with 
     the Secretary of Defense, shall submit to Congress a report 
     not later than March 1 of each odd-numbered year concerning 
     the operation of the educational assistance program 
     established by this subchapter during the preceding two 
     fiscal years. Each such report shall include the number of 
     members of the Selected Reserve of the Ready Reserve of each 
     armed force receiving, and the number entitled to receive, 
     educational assistance under this subchapter during those 
     fiscal years. The Secretary may submit the report more 
     frequently and adjust the period covered by the report 
     accordingly.

   ``SUBCHAPTER II--RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY 
                OPERATIONS AND CERTAIN OTHER OPERATIONS

     ``Sec. 3321. Purpose

       ``The purpose of this subchapter is to provide educational 
     assistance to members of the reserve components called or 
     ordered to active service in response to a war or national 
     emergency declared by the President or Congress, in 
     recognition of the sacrifices that those members make in 
     answering the call to duty.

     ``Sec. 3322. Educational assistance program

       ``(a) Program Establishment.--The Secretary of Veterans 
     Affairs, shall establish and maintain a program as prescribed 
     in this subchapter to provide educational assistance to 
     members of the Ready Reserve of the Armed Forces. The 
     Secretary of each military department shall, under 
     regulations prescribed by the Secretary of Defense, provide 
     to individuals who meet the eligibility requirements under 
     section 3323 of this title the opportunity to receive 
     educational assistance under this subchapter.
       ``(b) Authorized Education Programs.--Educational 
     assistance may be provided under this subchapter for pursuit 
     of any program of education that is an approved program of 
     education for purposes of chapter 30 of this title.
       ``(c) Benefit Amount.--(1) The educational assistance 
     program established under subsection (a) shall provide for 
     payment by the Secretary of Veterans Affairs of an 
     educational assistance allowance to each member entitled to 
     educational assistance under this subchapter who is pursuing 
     a program of education authorized under subsection (b).
       ``(2) The educational assistance allowance provided under 
     this subchapter shall be based on the applicable percent 
     under paragraph (4) to the applicable rate provided under 
     section 3015 of this title for a member whose entitlement is 
     based on completion of an obligated period of active duty of 
     three years.
       ``(3) The educational assistance allowance provided under 
     this section for a person who is undertaking a program for 
     which a reduced rate is specified in chapter 30 of this 
     title, that rate shall be further adjusted by the applicable 
     percent specified in paragraph (4).
       ``(4) The adjusted educational assistance allowance under 
     paragraph (2) or (3), as applicable, shall be--
       ``(A) 40 percent in the case of a member of a reserve 
     component who performed active service for 90 consecutive 
     days but less than one continuous year;
       ``(B) 60 percent in the case of a member of a reserve 
     component who performed active service for one continuous 
     year but less than two continuous years; or
       ``(C) 80 percent in the case of a member of a reserve 
     component who performed active service for two continuous 
     years or more.
       ``(d) Maximum Months of Assistance.--(1) Subject to section 
     3695 of this title, the maximum number of months of 
     educational assistance that may be provided to any member 
     under this subchapter is 36 (or the equivalent thereof in 
     part-time educational assistance).
       ``(2)(A) Notwithstanding any other provision of this 
     subchapter or chapter 36 of this title, any payment of an 
     educational assistance allowance described in subparagraph 
     (B) shall not--
       ``(i) be charged against the entitlement of any individual 
     under this subchapter; or
       ``(ii) be counted toward the aggregate period for which 
     section 3695 of this title limits an individual's receipt of 
     assistance.
       ``(B) The payment of the educational assistance allowance 
     referred to in subparagraph (A) is the payment of such an 
     allowance to the individual for pursuit of a course or 
     courses under this subchapter if the Secretary of Veterans 
     Affairs finds that the individual--
       ``(i) had to discontinue such course pursuit as a result of 
     being ordered to serve on active duty under section 12301(a), 
     12301(d), 12301(g), 12302, or 12304 of title 10; and
       ``(ii) failed to receive credit or training time toward 
     completion of the individual's approved educational, 
     professional, or vocational objective as a result of having 
     to discontinue, as described in clause (i), the individual's 
     course pursuit.
       ``(C) The period for which, by reason of this subsection, 
     an educational assistance allowance is not charged against 
     entitlement or counted toward the applicable aggregate period 
     under section 3695 of this title shall not exceed the portion 
     of the period of enrollment in the course or courses for 
     which the individual failed to receive credit or with respect 
     to which the individual lost training time, as determined 
     under subparagraph (B)(ii).
       ``(e) Availability of Assistance for Licensing and 
     Certification Tests.--The provisions of section 3301(j) of 
     this title shall apply to the provision of educational 
     assistance under this subchapter, except that, in applying 
     such section under this subchapter, the reference to 
     subsection (b) in paragraph (2) of such section is deemed to 
     be a reference to subsection (c) of this section.
       ``(f) Flight Training.--The Secretary of Veterans Affairs 
     may approve the pursuit of flight training (in addition to a 
     course of flight training that may be approved under section 
     3680A(b) of this title) by an individual entitled to 
     educational assistance under this subchapter if--
       ``(1) such training is generally accepted as necessary for 
     the attainment of a recognized vocational objective in the 
     field of aviation;
       ``(2) the individual possesses a valid private pilot 
     certificate and meets, on the day the member begins a course 
     of flight training, the medical requirements necessary for a 
     commercial pilot certificate; and
       ``(3) the flight school courses meet Federal Aviation 
     Administration standards for such courses and are approved by 
     the Federal Aviation Administration and the State approving 
     agency.

     ``Sec. 3323. Eligibility for educational assistance

       ``(a) Eligibility.--On or after September 11, 2001, a 
     member of a reserve component is entitled to educational 
     assistance under this subchapter if the member--
       ``(1) served on active duty in support of a contingency 
     operation for 90 consecutive days or more; or
       ``(2) in the case of a member of the Army National Guard of 
     the United States or Air National Guard of the United States, 
     performed full time National Guard duty under section 502(f) 
     of title 32 for 90 consecutive days or more when authorized 
     by the President or Secretary of Defense for the purpose of 
     responding to a national emergency declared by the President 
     and supported by Federal funds.
       ``(b) Disabled Members.--Notwithstanding the eligibility 
     requirements in subsection (a), a member who was ordered to 
     active service as prescribed under subsection (a)(1) or 
     (a)(2) but is released from duty before completing 90 
     consecutive days because of an injury, illness or disease 
     incurred or aggravated in the line of duty shall be entitled 
     to educational assistance under this subchapter at the rate 
     prescribed in section 3322(c)(4)(A) of this title.

[[Page 12762]]

       ``(c) Written Notification.--(1) Each member who becomes 
     entitled to educational assistance under subsection (a) shall 
     be given a statement in writing prior to release from active 
     service that summarizes the provisions of this subchapter and 
     stating clearly and prominently the substance of section 3325 
     of this title as such section may apply to the member.
       ``(2) At the request of the Secretary of Veterans Affairs, 
     the Secretary of the military department concerned shall 
     transmit a notice of entitlement for each such member to that 
     Secretary.
       ``(d) Bar From Dual Eligibility.--A member who qualifies 
     for educational assistance under this subchapter may not 
     receive credit for such service under both the program 
     established by chapter 30 of this title and the program 
     established by this subchapter but shall make an irrevocable 
     election (in such form and manner as the Secretary of 
     Veterans Affairs may prescribe) as to the program to which 
     such service is to be credited.
       ``(e) Bar From Duplication of Educational Assistance 
     Allowance.--(1) Except as provided in paragraph (2), an 
     individual entitled to educational assistance under this 
     subchapter who is also eligible for educational assistance 
     under subchapter I of this chapter, chapter 30, 31, 32, or 35 
     of this title, or under the Hostage Relief Act of 1980 
     (Public Law 96-449; 5 U.S.C. 5561 note) may not receive 
     assistance under more than one such programs and shall elect 
     (in such form and manner as the Secretary of Veterans Affairs 
     may prescribe) under which program the member elects to 
     receive educational assistance.
       ``(2) The restriction on duplication of educational 
     assistance under paragraph (1) does not apply to the 
     entitlement of educational assistance under section 3301(i) 
     of this title.

     ``Sec. 3324. Time limit for use of entitlement

       ``(a) Duration of Entitlement.--Except as provided in 
     subsection (b), a member remains entitled to educational 
     assistance under this subchapter while serving--
       ``(1) 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
       ``(2) 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).
       ``(b) Duration of Entitlement for Disabled Members.--(1) In 
     the case of a person who is separated from the Ready Reserve 
     because of a disability which was not the result of the 
     individual's own willful misconduct incurred on or after the 
     date on which such person became entitled to educational 
     assistance under this subchapter, such person's entitlement 
     to educational assistance expires at the end of the 10-year 
     period beginning on the date on which such person became 
     entitled to such assistance.
       ``(2) The provisions of subsections (d) and (f) of section 
     3031 of this title shall apply to the period of entitlement 
     prescribed by paragraph (1).

     ``Sec. 3325. Termination of assistance

       ``(a) In General.--Except as provided in subsection (b), 
     educational assistance may not be provided under this 
     subchapter, or if being provided under this subchapter, shall 
     be terminated--
       ``(1) if the member is receiving financial assistance under 
     section 2107 of title 10 as a member of the Senior Reserve 
     Officers' Training Corps program; or
       ``(2) when the member separates from the Ready Reserve, as 
     provided for under section 3324(a)(1) or section 3324(a)(2), 
     as applicable, of this title.
       ``(b) Exception.--Under regulations prescribed by the 
     Secretary of Defense, educational assistance may be provided 
     under this subchapter to a member of the Selected Reserve of 
     the Ready Reserve who incurs a break in service in the 
     Selected Reserve of not more than 90 days if the member 
     continues to serve in the Ready Reserve during and after such 
     break in service.

     ``Sec. 3326. Administration of program

       ``(a) Payments.--Payments for educational assistance under 
     this subchapter shall be made from funds appropriated or 
     otherwise made available to the Department of Veterans 
     Affairs for fiscal year 2009 or any subsequent fiscal year 
     for the payment of readjustment benefits.
       ``(b) Program Management.--Except as otherwise provided in 
     this subchapter, the provisions of sections 3470, 3471, 3474, 
     3476, 3482(g), 3483, and 3485 of this title and the 
     provisions of subchapters I and II of chapter 36 of this 
     title (with the exception of sections 3686(a) and 3687) shall 
     be applicable to the provision of educational assistance 
     under this subchapter. The term `eligible veteran' and the 
     term `person', as used in those provisions, shall be deemed 
     for the purpose of the application of those provisions to 
     this subchapter to refer to a person eligible for educational 
     assistance under this subchapter.
       ``(c) Application of Benefits.--The Secretary of Veterans 
     Affairs may not make a distinction in the application of 
     educational assistance benefits under this subchapter on the 
     basis of whether a person who is eligible for educational 
     assistance under this subchapter first became so eligible 
     under former chapter 1607 of title 10, as in effect 
     immediately on September 30, 2008.''.
       (b) Transfer of Amounts for Benefits Accrued Before October 
     1, 2008.--
       (1) Fiscal year 2009.--By not later than October 1, 2008, 
     the Secretary of Defense shall transfer to the Secretary of 
     Veterans Affairs from the funds in the Department of Defense 
     Education Benefits Fund under section 2006 of title 10, 
     United States Code, that are attributable to armed forces 
     education liabilities under chapters 1606 and 1607 of such 
     title (other than such liabilities under section 16131(i) of 
     such title) that accrue before such date, such funds as may 
     be required by the Secretary of Veterans Affairs to make 
     payments with respect to such liabilities during fiscal year 
     2009. Such amounts shall be deposited into the Readjustment 
     Benefits Account of the Department of Veterans Affairs and 
     shall be used only by the Secretary of Veterans Affairs to 
     make payments of educational assistance under chapter 33 of 
     title 38, United States Code, as added by subsection (a). 
     Funds deposited in the Readjustment Benefits Account under 
     this paragraph may not be used to pay any benefit that is 
     payable from the Readjustment Benefits Account other than a 
     payment of educational assistance under chapter 33 of title 
     38, United States Code, as added by subsection (a).
       (2) Treatment of receipts.--Receipts that would otherwise 
     be credited to the account established for the payment of 
     benefits under the Department of Defense Education Benefits 
     Fund under section 2006 of title 10, United States Code, for 
     the payment of benefits under the chapters 1606 and 1607 of 
     such title (other than such benefits under section 16131(i) 
     of such title), shall be credited to the Readjustment 
     Benefits Account of the Department of Veterans Affairs and 
     merged with funds deposited in that account under paragraph 
     (1), to be available for the same purposes and subject to the 
     same limitations as such funds.
       (3) Agreement for subsequent fiscal years.--By not later 
     than October 1, 2008, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall enter into an agreement 
     under which the Secretary of Defense shall transfer to the 
     Secretary of Veterans Affairs all remaining funds in the 
     Department of Defense Education Benefits Fund under section 
     2006 of title 10, United States Code, that are attributable 
     to armed forces liabilities under the former chapters 1606 
     and 1607 of such title (other than such liabilities under 
     section 16131(i) of such title) that accrue before such date. 
     Such amounts shall be deposited into the education account of 
     the Readjustment Benefits Account of the Department of 
     Veterans Affairs and shall be available to the Secretary of 
     Veterans Affairs to make payments of educational assistance 
     under chapter 33 of title 38, United States Code, as added by 
     subsection (a).
       (4) Report.--By not later than October 1, 2008, the 
     Secretary of Defense shall submit to the congressional 
     defense committees, the Committee on Veterans Affairs of the 
     Senate, and the Committee on Veterans Affairs of the House of 
     Representatives a detailed report on the agreement between 
     the Secretary of Defense and the Secretary of Veterans 
     Affairs and the status of the transfer of funds described in 
     paragraph (2). Such report shall include the date on which 
     the Secretary of Defense has agreed to complete such 
     transfer.
       (c) Clerical Amendments.--The tables of chapters at the 
     beginning of title 38, United States Code, and at the 
     beginning of part III of such title, are each amended by 
     inserting after the item relating to chapter 32 the following 
     new item:

``33. Educational Assistance for Members of the Reserve Comp3301''.....

       (d) Technical and Conforming Amendments.--
       (1) Conforming amendments on bar on dual eligibility for 
     benefits.--
       (A) Section 3033 of title 38, United States Code, is 
     amended--
       (i) in subsection (a)(1), by striking ``chapter 106 or 107 
     of title 10'' and inserting ``under subchapter I or 
     subchapter II of chapter 33 of this title, under chapter 107 
     of title 10''; and
       (ii) in subsection (c), by striking ``chapter 106 of title 
     10'' and inserting ``subchapter I of chapter 33 of this 
     title''.
       (B) Section 3221(f) of such title is amended by striking 
     ``chapter 106 of title 10'' and inserting ``subchapter I of 
     chapter 33 of this title''.
       (C) Section 3681 of such title is amended--
       (i) in subsection (a), by striking ``34, 35, or 36 of this 
     title or 106 or 107 of title 10,'' and inserting ``33, 34, 
     35, or 36 of this title''; and
       (ii) in subsection (b)--

       (I) in paragraph (1), by inserting before the period the 
     following: ``, and subchapters I and II of chapter 33 of this 
     title''; and
       (II) in paragraph (2), by striking ``Chapters 106 and'' and 
     inserting ``Chapter''.

       (2) Conforming amendments relating to department of defense 
     education benefits fund.--
       (A) Definition of armed forces education liabilities.--
     Paragraph (1) of section 2006(b) of title 10, United States 
     Code, is amended to read as follows:
       ``(1) The term `armed forces education liabilities' means 
     liabilities of the armed forces for benefits under chapter 30 
     and section 3301(i) of title 38 and for Department of Defense 
     benefits under paragraphs (3) and (4) of section 510(e) of 
     this title, including funds provided by the Secretary of 
     Homeland Security for education liabilities for the Coast 
     Guard when it is not operating as a service in the Department 
     of the Navy.''.
       (B) Definition of normal cost.--Paragraph (2) of such 
     section is amended by striking subparagraph (C) and inserting 
     the following new subparagraph:
       ``(C) The present value of the future Department of Defense 
     benefits payable from the Fund

[[Page 12763]]

     (including funds from the Department in which the Coast Guard 
     is operating) for educational assistance under section 
     3301(i) of title 38 to persons who during such period become 
     entitled to such assistance.''.
       (3) Cross-reference amendments.--
       (A) Chapter 106 of title 10, united states code.--
       (i) Section 2131 of title 10, United States Code, is 
     amended to read as follows:

     ``Sec. 2131. Reference to subchapter I of chapter 33 of title 
       38

       ``Provisions of law related to educational assistance for 
     members of the Selected Reserve under the Montgomery GI Bill 
     program, as formerly set forth in this chapter and chapter 
     1606 of this title, are set forth in subchapter I of chapter 
     33 of title 38 (beginning with section 3301 of title 38).''.
       (ii) The table of sections at the beginning of chapter 106 
     of such title is amended by striking the item relating to 
     section 2131 and inserting the following new item:

``2131. Reference to subchapter I of chapter 33 of title 38.''.

       (B) Chapter 1606 of title 10, united states code.--Chapter 
     1606 of such title is amended by striking all after the 
     chapter heading and inserting the following:

``Sec.
``16131. Reference to subchapter I of chapter 33 of title 38.

     ``Sec. 16131. Reference to subchapter I of chapter 33 of 
       title 38

       ``Provisions of law related to educational assistance for 
     members of the Selected Reserve under the Montgomery GI Bill 
     program, as formerly set forth in this chapter, are set forth 
     in subchapter I of chapter 33 of title 38 (beginning with 
     section 3301 of that title).''.
       (C) Chapter 1607 of title 10, united states code.--Chapter 
     1607 of such title is amended by striking all after the 
     chapter heading and inserting the following:

``Sec.
``16161. Reference to subchapter II of chapter 33 of title 38.

     ``Sec. 16161. Reference to subchapter II of chapter 33 of 
       title 38

       ``Provisions of law related to educational assistance for 
     members of the reserve components of the Armed Forces 
     supporting contingency operations and certain other 
     operations, as formerly set forth in this chapter, are set 
     forth in subchapter II of chapter 33 of title 38 (beginning 
     with section 3321 of that title).''.
       (4) Additional conforming amendments.--
       (A) Title 38, united states code.--
       (i) Section 3485 of title 38, United States Code, is 
     amended--

       (I) in subsection (a)(4)(E), by striking ``chapter 1606 or 
     1607 of title 10'' and inserting ``chapter 33 of this 
     title'';
       (II) in subsection (b), by striking ``chapter 30, 31, 32, 
     or 34 of this title or chapter 1606 or 1607 of title 10,'' 
     and inserting ``chapter 30, 31, 32, 33, or 34 of this 
     title''; and
       (III) in subsection (e)(1)--

       (aa) by striking ``, chapter 30, 31, 32, 35, or 36 of this 
     title, or chapter 1606 or 1607 of title 10'' and inserting 
     ``or chapter 30, 31, 32, 33, 35, or 36 of this title''; and
       (bb) by striking ``section 2135 of such title'' and 
     inserting ``section 3305 of this title''.
       (ii) Section 3672(c) of such title is amended--

       (I) in paragraph (3)(A), by striking ``chapters 30 and 35 
     of this title and chapter 1606 of title 10'' and inserting 
     ``chapters 30, 33, and 35 of this title''; and
       (II) in paragraph (4), by striking ``chapter 30 or 35 of 
     this title, or chapter 1606 of title 10, as the case may be'' 
     and inserting ``chapter 30, 33, or 35 of this title''.

       (iii) Section 3674 of such title is amended--

       (I) in subsection (a)(1), by striking ``and chapter 106 of 
     title 10''; and
       (II) in subsection (c), by inserting ``33,'' after ``32,''.

       (iv) Section 3680A(d)(1) of such title is amended--

       (I) by striking ``or under chapter 106 of title 10'' the 
     first place it appears; and
       (II) by striking ``or chapter 30, 31, 32, or 35 of this 
     title or under chapter 106 of title 10'' and inserting ``or 
     chapter 30, 31, 32, 33, or 35 of this title''.

       (v) Section 3684A(a)(1) of such title is amended by 
     striking ``chapter 30 or 32 of this title or in chapter 106 
     of title 10'' and inserting ``chapter 30, 32, or 33 of this 
     title''.
       (vi) Section 3688(b) of such title is amended by striking 
     ``, chapter 30, 32, or 35 of this title, or chapter 106 of 
     title 10'' and inserting ``or chapter 30, 32, 33, or 35 of 
     this title''.
       (vii) Section 3689 of such title is amended by inserting 
     ``33,'' after ``32,'' each place it appears.
       (viii) Section 3692 of such title is amended--

       (I) in subsection (a), by striking ``or 35 of this title 
     and chapter 1606 of title 10'' and inserting ``33, or 35 of 
     this title''; and
       (II) in subsection (b), by striking ``, chapters 30, 32, 
     and 35 of this title, and chapter 1606 of title 10'' and 
     inserting ``and chapters 30, 32, 33, and 35 of this title''.

       (ix) Section 3695(a) of such title is amended--

       (I) by striking paragraph (4) and inserting the following 
     new paragraph (4):

       ``(4) Chapters 30, 32, 34, 35, and 36 of this title and 
     subchapters I and II of chapter 33 of this title.''; and

       (II) in paragraph (5), by striking ``, 1606, 1607,''.

       (x) Section 3697(a) of such title is amended by striking 
     ``chapter 30, 32, 34, or 35 of this title, or chapter 106 of 
     title 10,'' and inserting ``chapter 30, 32, 33, 34, or 35 of 
     this title''.
       (xi) Section 3697A(b)(1) of such title is amended by 
     striking ``or 32 of this title or chapter 106'' and inserting 
     ``32, or 33 of this title or chapter''.
       (B) Title 10, united states code.--Section 510(h) of title 
     10, United States Code, is amended--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``additional 
     educational assistance under chapter 1606 of this title or to 
     basic educational assistance under subchapter II of chapter 
     30 of title 38'' and inserting ``basic educational assistance 
     under subchapter II of chapter 30 of title 38 or educational 
     assistance under subchapter I of chapter 33 of that title''; 
     and
       (II) in subparagraph (B)--

       (aa) by striking ``chapter 1606 of this title or chapter 30 
     of title 38'' and inserting ``chapter 30 or subchapter I of 
     chapter 33 of title 38''; and
       (bb) by striking ``either such chapter'' each place it 
     appears and inserting ``either such provisions''; and
       (ii) in paragraph (3)(A), by striking ``educational 
     assistance under chapter 1606 of this title'' and all that 
     follows through ``as the case may be'' and inserting ``basic 
     educational assistance under chapter 30 of title 38 or 
     educational assistance under subchapter I of chapter 33 of 
     that title from an entitlement to such basic educational 
     assistance under chapter 30 of that title or educational 
     assistance under subchapter I of chapter 33 of that title, as 
     the case may be''.
       (C) Elementary and secondary education act of 1965.--
     Section 2304(g) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6674(g)) is amended by striking ``chapter 
     30 of title 38 or chapter 1606 of title 10'' and inserting 
     ``chapter 30 or 33 of title 38''.
       (D) Internal revenue code of 1986.--Section 25A(g)(2)(B) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``chapter 30, 31, 32, 34, or 35 of title 38, United States 
     Code, or under chapter 1606 of title 10, United States Code'' 
     and inserting ``chapter 30, 31, 32, 33, 34, or 35 of title 
     38, United States Code''.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2008.

     SEC. 526. 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 College of Naval Warfare and the College of Naval 
     Command and Staff.
       (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. 527. 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.

                Subtitle D--General Service Authorities

     SEC. 531. AUTHORITY TO REDUCE REQUIRED SERVICE OBLIGATION FOR 
                   INITIAL APPOINTMENT OF QUALIFIED HEALTH 
                   PROFESSIONALS AS OFFICERS IN CRITICAL 
                   SPECIALTIES.

       Section 651 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) For the armed forces under the jurisdiction of the 
     Secretary of Defense, the Secretary may reduce the total 
     initial period of required service to less than the minimum 
     otherwise established pursuant to subsection (a) in the case 
     of the initial appointment of a commissioned officer in a 
     critically short health professional specialty, as determined 
     by the Secretary. The period of required service may not be 
     reduced to less than two years.''.

     SEC. 532. REENLISTMENT IN FORMER ENLISTED GRADE AFTER SERVICE 
                   AS AN OFFICER.

       (a) Regular Army.--Section 3258 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)--

[[Page 12764]]

       (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 ``Reserve''.
       (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 ``Reserve''.

       Subtitle E--Military Justice and Legal Assistance Matters

     SEC. 541. AUTHORITY TO DESIGNATE CERTAIN CIVILIAN EMPLOYEES 
                   OF THE FEDERAL GOVERNMENT 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 paragraph:
       ``(6) Civilian employees of the Federal Government serving 
     with, or preparing to serve with, an armed force in support 
     of a contingency operation, as designated in regulations 
     prescribed by the Secretary concerned.''.

                   Subtitle F--Decorations and Awards

     SEC. 551. 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. 552. 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. 553. 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. 554. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 
                   HONOR TO PRIVATE PHILIP G. SHADRACH FOR ACTS OF 
                   VALOR 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 title 10, United States Code, 
     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. 555. 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.

     SEC. 556. COLD WAR VICTORY MEDAL.

       (a) Authority.--Chapter 57 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 1135. Cold War Victory Medal

       ``(a) Medal Authorized.--The Secretary concerned shall 
     issue a service medal, to be known as the `Cold War Victory 
     Medal', to persons eligible to receive the medal under 
     subsection (b). The Cold War Victory Medal shall be of an 
     appropriate design approved by the Secretary of Defense, with 
     ribbons, lapel pins, and other appurtenances.
       ``(b) Eligible Persons.--The following persons are eligible 
     to receive the Cold War Victory Medal:
       ``(1) A person who--
       ``(A) performed active duty or inactive duty training as an 
     enlisted member during the Cold War;
       ``(B) completed the person's initial term of enlistment or, 
     if discharged before completion of such initial term of 
     enlistment, was honorably discharged after completion of not 
     less than 180 days of service on active duty; and
       ``(C) has not received a discharge less favorable than an 
     honorable discharge or a release from active duty with a 
     characterization of service less favorable than honorable.
       ``(2) A person who--
       ``(A) performed active duty or inactive duty training as a 
     commissioned officer or warrant officer during the Cold War;
       ``(B) completed the person's initial service obligation as 
     an officer or, if discharged or separated before completion 
     of such initial service obligation, was honorably discharged 
     after completion of not less than 180 days of service on 
     active duty; and
       ``(C) has not been released from active duty with a 
     characterization of service less favorable than honorable and 
     has not received a discharge or separation less favorable 
     than an honorable discharge.
       ``(c) One Award Authorized.--Not more than one Cold War 
     Victory Medal may be issued to any person.
       ``(d) Issuance to Representative of Deceased.--If a person 
     described in subsection (b) dies before being issued the Cold 
     War Victory Medal, the medal shall be issued to the person's 
     representative, as designated by the Secretary concerned.
       ``(e) Replacement.--Under regulations prescribed by the 
     Secretary concerned, a Cold War Victory Medal that is lost, 
     destroyed, or rendered unfit for use without fault or neglect 
     on the part of the person to whom it was issued may be 
     replaced without charge.
       ``(f) Application for Medal.--The Cold War Victory Medal 
     shall be issued upon receipt by the Secretary concerned of an 
     application for such medal, submitted in accordance with such 
     regulations as the Secretary prescribes.
       ``(g) Uniform Regulations.--The Secretary of Defense shall 
     ensure that regulations prescribed by the Secretaries of the 
     military departments under this section are uniform so far as 
     is practicable.
       ``(h) Definition.--In this section, the term `Cold War' 
     means the period beginning on September 2, 1945, and ending 
     at the end of December 26, 1991.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1135. Cold War Victory Medal.''.

     Subtitle G--Impact Aid and Defense Dependents Education System

     SEC. 561. TUITION ASSISTANCE FOR MILITARY DEPENDENTS IN 
                   OVERSEAS AREAS WHERE SCHOOLS OPERATED BY 
                   DEFENSE DEPENDENTS' EDUCATION SYSTEM ARE NOT 
                   REASONABLY AVAILABLE.

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

     SEC. 562. 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, $50,000,000 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, $15,000,000 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

[[Page 12765]]

     8013(9) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7713(9)).

                       Subtitle H--Other Matters

     SEC. 571. EXTENSION OF AUTHORITY TO ACCEPT GIFTS, DEVISES, OR 
                   BEQUESTS TO BENEFIT MEMBERS OF THE ARMED 
                   FORCES, DEPENDENTS, AND CIVILIAN EMPLOYEES OF 
                   THE DEPARTMENT OF DEFENSE.

       Section 2601(b)(4) of title 10, United States Code, is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2010''.

     SEC. 572. 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) perform music in competition with local civilian 
     musicians; or
       ``(2) receive remuneration for official performances.
       ``(b) Members.--A member of a band, ensemble, chorus, or 
     similar musical unit of the armed forces may perform music in 
     the member's personal capacity, as an individual or part of a 
     group, for remuneration or otherwise, if the member does not 
     wear a military uniform for the performance, does not 
     identify himself or herself as a member of the armed forces 
     in connection with the performance, and complies with all 
     applicable regulations and standards of conduct.
       ``(c) Recordings.--Bands, ensembles, choruses, or similar 
     musical units of the armed forces, when authorized pursuant 
     to Department of Defense regulations, may produce recordings 
     for distribution to the public at a cost not to exceed 
     production and distribution expenses. The proceeds from such 
     recordings shall be credited to the appropriation used to 
     cover production and distribution expenses.
       ``(d) Competition Defined.--(1) In this section, the term 
     `perform music in competition with local civilian musicians' 
     includes performances--
       ``(A) that are more than incidental to events that are not 
     supported solely by appropriated funds and are not free to 
     the public; and
       ``(B) of background, dinner, dance, or other social music 
     at events, regardless of location, that are not supported 
     solely by appropriated funds.
       ``(2) The term does not include performances--
       ``(A) at official Federal Government events that are 
     supported solely by appropriated funds;
       ``(B) at concerts, parades, and other events that are 
     patriotic events or celebrations of national holidays and are 
     free to the public; or
       ``(C) that are incidental, such as short performances of 
     military or patriotic music to open or close events, to 
     events that are not supported solely by appropriated funds, 
     in compliance with applicable rules and regulations.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 973 the following new item:

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

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

     SEC. 573. REPEAL OF LIMITATION ON NUMBER OF ACADEMIES OF 
                   DEPARTMENT OF DEFENSE STARBASE PROGRAM IN A 
                   SINGLE STATE.

       Section 2193b(c) of title 10, United States Code, is 
     amended by striking paragraph (3).

     SEC. 574. COMBAT VETERANS MENTORING PROGRAM FOR CURRENT 
                   MEMBERS OF THE ARMED FORCES.

       (a) Program Required.--The Secretary of Defense, in 
     coordination with the Secretaries of the military 
     departments, shall institute a program to give veterans of 
     the Armed Forces who have served in combat the opportunity to 
     meet on a regular basis with, to inform, to exchange ideas 
     with, and to mentor current members of the Armed Forces.
       (b) Elements of Program.--The program may build on existing 
     programs within the military departments, where they exist, 
     and shall focus on providing members of the Armed Forces, 
     particularly military personnel and leaders at the small unit 
     level, varied perspectives on both the human and military 
     aspects of war from those who have experienced it. In 
     carrying out the program, the Secretary shall seek to provide 
     opportunities for the combat veterans not only to meet with 
     current members of the Armed Forces before and after their 
     deployment to combat zones, but also during deployments.

     SEC. 575. 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.

     SEC. 576. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE 
                   VIETNAM WAR.

       (a) Commemorative Program.--The Secretary of Defense shall 
     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) Commencement and Duration of Program.--The 
     commemorative program shall commence not later than 180 days 
     after the date of the enactment of this Act and continue 
     through December 31, 2025. The Secretary of Defense shall 
     determine the schedule of major events and priority of 
     efforts during that period in order to ensure achievement of 
     the objectives specified in subsection (c).
       (c) Commemorative Activities and Objectives.--The 
     commemorative program may include activities and ceremonies 
     to achieve the following objectives:
       (1) To thank and honor veterans of the Vietnam War, 
     including personnel who were held as prisoners of war or 
     listed as missing in action, for their service and sacrifice 
     on behalf of the United States and to thank and honor the 
     families of these veterans.
       (2) To highlight the service of the Armed Forces during the 
     Vietnam War and the contributions of Federal agencies and 
     governmental and non-governmental organizations that served 
     with, or in support of, the Armed Forces.
       (3) To pay tribute to the contributions made on the home 
     front by the people of the United States during the Vietnam 
     War.
       (4) To highlight the advances in technology, science, and 
     medicine related to military research conducted during the 
     Vietnam War.
       (5) To recognize the contributions and sacrifices made by 
     the allies of the United States during the Vietnam War.
       (d) Names and Symbols.--The Secretary of Defense shall have 
     the sole and exclusive right to use the name ``The United 
     States of America Vietnam War Commemoration'', and such seal, 
     emblems, and badges incorporating such name as the Secretary 
     may lawfully adopt. Nothing in this section may be construed 
     to supersede rights that are established or vested before the 
     date of the enactment of this Act.
       (e) Commemorative Fund.--
       (1) Establishment and administration.--There is established 
     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.--Beginning with the budget 
     justification materials submitted by the Secretary in support 
     of the budget of the President for fiscal year 2009, the 
     Secretary shall establish a separate budget line for the 
     commemorative program. In the budget justification materials, 
     the Secretary shall--
       (A) identify and explain the amounts expended for the 
     commemorative program in the 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 two subsequent years; and

[[Page 12766]]

       (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.
       (2) Treatment of volunteers.--A person providing voluntary 
     services under this subsection shall be considered to be a 
     Federal employee for purposes of chapter 81 of title 5, 
     United States Code, relating to compensation for work-related 
     injuries. The person shall also be considered a special 
     governmental employee for purposes of standards of conduct 
     and sections 202, 203, 205, 207, 208, and 209 of title 18, 
     United States Code. A person who is not otherwise employed by 
     the Federal Government shall not be considered to be a 
     Federal employee for any other purpose by reason of the 
     provision of voluntary services under this subsection.
       (3) 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 period specified in subsection (b), the 
     Secretary of Defense 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) Authorization of Appropriations.--There is authorized 
     to be appropriated $3,000,000 to the Fund for fiscal year 
     2008.

          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. Income replacement payments for reserve component members 
              experiencing extended and frequent mobilization for 
              active duty service.
Sec. 604. Participation of members of the uniformed services in Thrift 
              Savings Plan.
Sec. 605. Enhancement of referral bonus to encourage service in the 
              Army.
Sec. 606. Guaranteed pay increase for members of the Armed Forces of 
              one-half of one percentage point higher than Employment 
              Cost Index.

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Allowance for participation in Reserve screening conducted 
              through electronic means.
Sec. 632. Allowance for civilian clothing for members of the Armed 
              Forces traveling in connection with medical evacuation.
Sec. 633. Moving expenses for JROTC instructors who agree to serve in 
              hard-to-fill positions.
Sec. 634. Transportation of additional motor vehicle of members on 
              change of permanent station to or from nonforeign areas 
              outside the continental United States.
Sec. 635. Payment of inactive duty training travel costs for certain 
              Selected Reserve members.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Disregarding periods of confinement of member in determining 
              benefits for dependents who are victims of abuse by the 
              member.
Sec. 642. Continuation of authority for members of the Armed Forces to 
              designate a recipient for a portion of the death 
              gratuity.
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. Expansion of combat-related special compensation eligibility 
              for chapter 61 military retirees with fewer than 20 years 
              of creditable service.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

Sec. 651. Access to Defense Commissary and Exchange System by surviving 
              spouse and dependents of certain disabled veterans.
Sec. 652. Authority to continue commissary and exchange benefits for 
              certain involuntarily separated members of the Armed 
              Forces.
Sec. 653. Authorization of installment deductions from pay of employees 
              of executive branch 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. Expansion of education loan repayment program for members of 
              the Selected Reserve.
Sec. 672. Ensuring entry into United States after time abroad for 
              permanent resident alien military spouses and children.
Sec. 673. Overseas naturalization for military spouses and children.

                     Subtitle A--Pay and Allowances

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

       (a) Waiver of Section 1009 Adjustment.--The adjustment to 
     become effective during fiscal year 2008 required by section 
     1009 of title 37, United States Code, in the rates of monthly 
     basic pay authorized members of the uniformed services shall 
     not be made.
       (b) Increase in Basic Pay.--Effective on January 1, 2008, 
     the rates of monthly basic pay for members of the uniformed 
     services are increased by 3.5 percent.
       (c) Source of Funds for Portion of Fiscal Year 2008 
     Obligations.--During fiscal year 2008, the funds necessary to 
     satisfy the obligations incurred by the Department of Defense 
     to provide the increase under subsection (b) in the rates of 
     monthly basic pay for members of the Army, Navy, Air Force, 
     and Marine Corps in excess of 3 percent shall be derived from 
     amounts appropriated pursuant to the authorization of 
     appropriations in section 1514 for military personnel 
     accounts of the Department.

     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) Source of Funds for Portion of Fiscal Year 2008 
     Obligations.--During fiscal year 2008, the funds necessary to 
     satisfy the obligations incurred by the Department of Defense 
     as a result of the amendment made by subsection (a)(1) to 
     provide a basic allowance for housing for reserve component 
     members without dependents who attend accession training 
     while maintaining a primary residence shall be derived from 
     amounts appropriated pursuant to the authorization of 
     appropriations in section 1514 for military personnel 
     accounts of the Department.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to months beginning on or after 
     October 1, 2007.

     SEC. 603. 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

[[Page 12767]]

     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 540 continuous days of service on active 
     duty under an involuntary mobilization order;
       ``(B) completes 720 cumulative days on active duty under an 
     involuntary mobilization order during the previous 1,800 
     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. 604. PARTICIPATION OF MEMBERS OF THE UNIFORMED SERVICES 
                   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) Notwithstanding subsection (a), in the case of a 
     member of the uniformed services who has elected to 
     participate in the Thrift Savings Plan under section 211 of 
     this title, one-half of the monthly contribution of the 
     member to the Plan shall be made in 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 shall be required on the 
     same semi-monthly basis as authorized for contributions to 
     the Fund under section 1014(c) of this title.''.

     SEC. 605. ENHANCEMENT OF REFERRAL BONUS TO ENCOURAGE SERVICE 
                   IN THE ARMY.

       (a) Individuals Eligible for Bonus.--Section 645 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3310) is amended--
       (1) in subsection (a)(1), by striking ``enlists'' and 
     inserting ``enlists, or is appointed as an officer to serve 
     in a health profession designated by the Secretary,''; and
       (2) in subsection (b), by inserting ``or appointment'' 
     after ``enlisting'' both places it appears.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to bonuses payable under section 645 
     of the National Defense Authorization Act for Fiscal Year 
     2006 on or after the date of the enactment of this Act.

     SEC. 606. GUARANTEED PAY INCREASE FOR MEMBERS OF THE ARMED 
                   FORCES OF ONE-HALF OF ONE PERCENTAGE POINT 
                   HIGHER THAN EMPLOYMENT COST INDEX.

       (a) Increase.--Section 1009(c)(2) of title 37, United 
     States Code, is amended ``fiscal years 2004, 2005, and 2006'' 
     and inserting ``fiscal years 2009 through 2012''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall only apply with respect to the Army, Navy, Air Force 
     and Marine Corps, including reserve components thereof.

           Subtitle B--Bonuses and Special and Incentive Pays

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

       (a) Selected Reserve Reenlistment Bonus.--Section 308b(g) 
     of title 37, United States Code, is amended by striking 
     ``December 31, 2007'' and inserting ``December 31, 2009''.
       (b) Selected Reserve Affiliation or Enlistment Bonus.--
     Section 308c(i) of such title is amended by striking 
     ``December 31, 2007'' and inserting ``December 31, 2009''.
       (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, 2009''.
       (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, 2009''.
       (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, 2009''.
       (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, 
     2009''.

     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, 
     2009''.
       (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, 2010''.
       (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, 
     2009''.
       (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, 2009''.
       (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, 2009''.
       (f) Accession Bonus for Dental Officers.--Section 
     302h(a)(1) of such title is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (g) Accession Bonus for Pharmacy Officers.--Section 302j(a) 
     of such title is amended by striking ``December 31, 2007'' 
     and inserting ``December 31, 2009''.
       (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, 2009''.
       (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, 2009''.

     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, 2009''.
       (b) Nuclear Career Accession Bonus.--Section 312b(c) of 
     such title is amended by striking ``December 31, 2007'' and 
     inserting ``December 31, 2009''.
       (c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) 
     of such title is amended by striking ``December 31, 2007'' 
     and inserting ``December 31, 2009''.

     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, 2009''.
       (b) Assignment Incentive Pay.--Section 307a(g) of such 
     title is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2009''.
       (c) Reenlistment Bonus for Active Members.--Section 308(g) 
     of such title is amended by striking ``December 31, 2007'' 
     and inserting ``December 31, 2009''.
       (d) Enlistment Bonus.--Section 309(e) of such title is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2009''.
       (e) 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, 2009''.
       (f) 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, 2009''.
       (g) 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, 2009''.
       (h) Incentive Bonus for Transfer Between the Armed 
     Forces.--Section 327(h) of such title is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2010''.
       (i) Accession Bonus for Officer Candidates.--Section 330(f) 
     of such title is amended by striking ``December 31, 2007'' 
     and inserting ``December 31, 2009''.
       (j) Army Referral Bonus.--Subsection (h) of section 645 of 
     the National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3310), as redesignated by 
     section 624(e) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2258), is amended by striking ``December 31, 2007'' 
     and inserting ``December 31, 2009''.

[[Page 12768]]



     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 such 
     title is amended by striking ``$50,000'' and inserting 
     ``$75,000''.

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

       Section 302b(a)(4) of title 37, United States Code, is 
     amended--
       (1) by striking ``shall be paid at the following rates'' in 
     the matter preceding subparagraph (A) and inserting ``shall 
     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''.

     SEC. 617. DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO 
                   INCLUDE 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. 618. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED 
                   RESERVE.

       (a) Minimum Term of Reenlistment or Enlistment Extension.--
     Subsection (a)(2) of 308b of title 37, United States Code, is 
     amended by striking ``his enlistment for a period of three 
     years or for a period of six years'' and inserting ``an 
     enlistment for a period of at least three years''.
       (b) Maximum Bonus Amount.--Subsection (b)(1) of such 
     section is amended by striking ``may not exceed'' and all 
     that follows through the end of the paragraph and inserting 
     ``may not exceed $15,000.''.
       (c) Conforming Amendment Regarding Eligibility 
     Requirements.--Subsection (c) of such section is amended--
       (1) by striking the subsection heading and paragraph (1) 
     and inserting ``Waiver of Condition on Eligibility.--''; and
       (2) by striking ``paragraph (1)(B) or''.

     SEC. 619. 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. 620. AVAILABILITY OF NUCLEAR OFFICER CONTINUATION PAY 
                   FOR OFFICERS WITH MORE THAN 26 YEARS OF 
                   COMMISSIONED SERVICE.

       Section 312 of title 37, United States Code, is amended--
       (1) in subsection (a)(3), by striking ``26 years'' and 
     inserting ``30 years''; and
       (2) in subsection (e)(1), by striking ``26 years'' and 
     inserting ``30 years''.

     SEC. 621. 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 
     Undersecretary of Defense for Personnel and Readiness or the 
     Deputy Secretary of the Department of Homeland Security.''.

     SEC. 622. ACCESSION BONUS FOR PARTICIPANTS IN THE ARMED 
                   FORCES HEALTH PROFESSIONAL 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) 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.''.

     SEC. 623. 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.

     SEC. 624. INCREASE IN MAXIMUM MONTHLY RATE OF HARDSHIP DUTY 
                   PAY.

       (a) Increase.--Effective October 1, 2007, section 305(a) of 
     title 37, United States Code, is amended by striking ``$750'' 
     and inserting ``$1,500''.
       (b) Funding Source.--Of the amounts authorized to be 
     appropriated to the Department of Defense for military 
     personnel accounts for fiscal year 2008, not more than 
     $79,000,000 shall be available to cover the additional costs 
     incurred to implement the amendment made by subsection (a).

            Subtitle C--Travel and Transportation Allowances

     SEC. 631. ALLOWANCE FOR PARTICIPATION IN RESERVE SCREENING 
                   CONDUCTED THROUGH ELECTRONIC MEANS.

       (a) Allowance for Electronic Reserve Screening.--Section 
     433 of title 37, United States Code, is amended--
       (1) in subsection (a), by inserting ``Allowance for Muster 
     Duty.--(1)'' before ``Under'';
       (2) by redesignating subsection (b) as paragraph (2) of 
     subsection (a), and in such paragraph, as so redesignated, by 
     striking ``this section'' and inserting ``paragraph (1)''; 
     and
       (3) by inserting before subsection (c) the following new 
     subsection (b):
       ``(b) Allowance for Electronic Screening.--(1) Under 
     uniform regulations prescribed by the Secretaries concerned, 
     a member of the Individual Ready Reserve may be paid a 
     stipend when the member participates, through electronic 
     means, in the screening performed pursuant to section 10149 
     of title 10, in lieu of muster duty performed under section 
     12319 of such title.
       ``(2) The amount of the stipend paid to a member under 
     paragraph (1) may not exceed $50 in any calendar year.''.
       (b) Payment Requirements.--Subsection (c) of such section 
     is amended--
       (1) by inserting ``Payment Requirements.--'' before the 
     first sentence;
       (2) by striking ``allowance'' each place it appears and 
     inserting ``allowances'';
       (3) by inserting ``or screening'' after ``muster duty'' 
     both places it appears; and
       (4) by striking ``serving, as commutation'' and inserting 
     ``serving. The allowance under subsection (a) is provided as 
     commutation''.
       (c) Prohibitions.--Such section is further amended--
       (1) in subsection (d)--
       (A) by inserting ``Bar to Inactive Duty Compensation.--'' 
     before ``A member''; and
       (B) by inserting ``or screening through electronic means'' 
     after ``muster duty''; and
       (2) by adding at the end the following new subsection:
       ``(e) Bar to Retirement Credit.--The participation by a 
     member in screening for which a stipend is paid under 
     subsection (b) shall not be credited in determining 
     entitlement to, or in computing, retired pay under chapter 
     1223 of title 10.''.
       (d) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 433. Allowance for muster duty or for participation in 
       Reserve screening''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 7 of title 37, United States Code, is 
     amended by striking the item relating to section 433 and 
     inserting the following new item:

``433. Allowance for muster duty or for participation in Reserve 
              screening.''.

       (e) Conforming Amendments to Other Laws.--
       (1) Bar to dual compensation for inactive-duty training.--
     Section 206 of such title is amended by adding at the end the 
     following new subsection:
       ``(f) A member of the National Guard or of a reserve 
     component of a uniformed service may not be paid under this 
     section if the member receives a stipend under section 433(b) 
     of this title for the same period.''.
       (2) Bar to retirement credit.--Section 12732(b) of title 
     10, United States Code, is amended by inserting after 
     paragraph (7) the following new paragraph:

[[Page 12769]]

       ``(8) Participation, through electronic means, in the 
     screening performed pursuant to section 10149 of this title, 
     regardless of whether or not a stipend is paid under section 
     433(b) of title 37 for such participation.''.

     SEC. 632. 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. 633. MOVING EXPENSES FOR JROTC INSTRUCTORS WHO AGREE TO 
                   SERVE IN HARD-TO-FILL POSITIONS.

       Section 2031(d) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) An individual so employed may, if the institution 
     concerned so agrees, be reimbursed by the institution for the 
     moving expenses incurred by the individual to fill the 
     position concerned, separate from any other amount paid to 
     the individual. Subject to subparagraph (B), the Secretary 
     concerned may enter into an agreement with such an 
     institution under which the Secretary reimburses the 
     institution for the amount the institution reimburses the 
     individual. Reimbursements by the Secretary concerned under 
     this paragraph shall be made from funds appropriated for that 
     purpose.
       ``(B) Such a reimbursement by the Secretary concerned may 
     be made only if, as determined by the Secretary concerned--
       ``(i) the position to be filled by the individual is a 
     hard-to-fill position, based on geographic or economic 
     factors;
       ``(ii) the individual has entered into a written agreement 
     with the institution to serve in that position for at least 
     two years; and
       ``(iii) making the reimbursement is in the national 
     interest.''.

     SEC. 634. TRANSPORTATION OF ADDITIONAL MOTOR VEHICLE OF 
                   MEMBERS ON CHANGE OF PERMANENT STATION TO OR 
                   FROM NONFOREIGN AREAS OUTSIDE THE CONTINENTAL 
                   UNITED STATES.

       (a) Authority to Transport Additional Motor Vehicle.--
     Subsection (a) of section 2634 of title 10, United States 
     Code, is amended--
       (1) by striking the sentence following paragraph (4);
       (2) by redesignating paragraphs (1), (2), (3), and (4) as 
     subparagraphs (A), (B), (C), and (D), respectively;
       (3) by inserting ``(1)'' after ``(a)''; and
       (4) by adding at the end the following new paragraph:
       ``(2) One additional motor vehicle of a member (or a 
     dependent of the member) may be transported as provided in 
     paragraph (1) if--
       ``(A) the member is ordered to make a change of permanent 
     station to or from a nonforeign area outside the continental 
     United States and the member has at least one dependent of 
     driving age who will use the motor vehicle; or
       ``(B) the Secretary concerned determines that a replacement 
     for the motor vehicle transported under paragraph (1) is 
     necessary for reasons beyond the control of the member and is 
     in the interest of the United States and the Secretary 
     approves the transportation in advance.''.
       (b) Technical and Conforming Amendments.--Such subsection 
     is further amended--
       (1) by striking ``his dependents'' and inserting ``a 
     dependent of the member'';
       (2) by striking ``him'' and inserting ``the member'';
       (3) by striking ``his)'' and inserting ``the member)'';
       (4) by striking ``his new'' and inserting ``the member's 
     new''; and
       (5) in paragraph (1)(C), as redesignated by subsection (a), 
     by striking ``clauses (1) and (2)'' and inserting 
     ``subparagraphs (A) and (B)''.
       (c) Effective Date.--Paragraph (2)(A) of subsection (a) of 
     section 2634 of title 10, United States Code, as added by 
     subsection (a)(4), shall apply with respect to orders issued 
     on or after the date of the enactment of this Act for members 
     of the Armed Forces to make a change of permanent station to 
     or from nonforeign areas outside the continental United 
     States.

     SEC. 635. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL COSTS FOR 
                   CERTAIN SELECTED RESERVE MEMBERS.

       (a) Payment of Travel Costs Authorized.--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 or unit training assembly outside of 
       commuting distance of duty station

       ``(a) Allowance Authorized.--Under regulations prescribed 
     by the Secretary concerned, if a member of the Selected 
     Reserve who occupies a specialty designated by the Secretary 
     for purposes of this section performs inactive duty training 
     or attends a unit training assembly outside of the commuting 
     limits of the member's station for the purpose of maintaining 
     mission readiness, the Secretary may reimburse the member for 
     travel expenses in an amount not to exceed $300 for the 
     training or assembly.
       ``(b) Duration of Authority.--Reimbursement may not be 
     provided under this section for travel costs incurred before 
     October 1, 2008, or after December 31, 2014.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 408 the following new item:

``408a. Travel and transportation allowances: inactive duty training or 
              unit training assembly outside of commuting distance of 
              duty station.''.

             Subtitle D--Retired Pay and Survivor Benefits

     SEC. 641. DISREGARDING PERIODS OF CONFINEMENT OF MEMBER IN 
                   DETERMINING BENEFITS FOR DEPENDENTS WHO ARE 
                   VICTIMS OF ABUSE BY THE MEMBER.

       Section 1408(h)(10) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(C) In determining under paragraph (2)(A) whether a 
     member of the armed forces became eligible to be retired from 
     the armed forces on the basis of years of service so that a 
     spouse or dependent child of the member is eligible to 
     receive payment under this subsection, the Secretary 
     concerned shall consider as creditable service by the member 
     any periods of confinement served by the member before 
     convening authority action on the record of trial related to 
     the misconduct that resulted in the termination of the 
     eligibility of the member to receive retired pay.''.

     SEC. 642. CONTINUATION OF AUTHORITY FOR MEMBERS OF THE ARMED 
                   FORCES TO DESIGNATE A RECIPIENT FOR A PORTION 
                   OF THE DEATH GRATUITY.

       Effective as of October 1, 2007, subsection (d) of section 
     1477 of title 10, United States Code, as amended by section 
     1316 of the U.S. Troop Readiness, Veterans' Care, Katrina 
     Recovery, and Iraq Accountability Appropriations Act, 2007, 
     is amended by striking ``During the period beginning on the 
     date of the enactment of this subsection and ending on 
     September 30, 2007, a person'' and inserting ``A person''.

     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.

       (a) Provision of Allowance.--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; and
       ``(B) the eligibility of the surviving spouse or former 
     spouse for an annuity under section 1448 of this title is 
     affected by subsection (c) of this section.
       ``(2) Amount of payment.--The amount of the allowance paid 
     to an eligible survivor under paragraph (1) for a month shall 
     be equal to the lesser of--
       ``(A) $40; or
       ``(B) the amount of the annuity for that month subject to 
     offset under subsection (c).
       ``(3) 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.
       ``(4) 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.''.
       (b) Effective Date.--Subsection (m) of section 1450 of 
     title 10, United States Code, as added by subsection (a), 
     shall take effect on October 1, 2008, and shall apply to the 
     month beginning on that date and subsequent months

[[Page 12770]]

     through the month ending on February 28, 2016. Effective on 
     March 1, 2016, such subsection shall terminate. No special 
     survivor indemnity allowance may be paid to any person by 
     reason of such subsection for any period before October 1, 
     2008.

     SEC. 645. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION 
                   ELIGIBILITY FOR CHAPTER 61 MILITARY RETIREES 
                   WITH FEWER THAN 20 YEARS OF CREDITABLE SERVICE.

       (a) Eligibility.--Subsection (c) of section 1413a of title 
     10, United States Code, is amended by striking ``entitled to 
     retired pay who--'' and all that follows through the end of 
     paragraph (1) and inserting the following: ``who--
       ``(1) is entitled to retired pay (other than by reason of 
     section 12731b of this title); and''.
       (b) Computation.--Subsection (b) of such section is 
     amended--
       (1) in paragraph (1), by striking ``In the case of'' and 
     inserting ``Subject to paragraph (4), in the case of''; and
       (2) by adding at the end the following new paragraph:
       ``(4) Chapter 61 disability 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 at least 15 years of creditable 
     service, but fewer than 20 years of creditable service, and 
     who receives veterans disability compensation for a 
     disability rated at least 60 percent, the amount of the 
     payment under paragraph (1) for any month shall be reduced by 
     the amount (if any) by which--
       ``(A) the amount of the member's retired pay under chapter 
     61 of this title; exceeds
       ``(B) 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 October 1, 2008, and shall apply to 
     payments for the month beginning on that date and subsequent 
     months through the month ending on September 30, 2015. 
     Effective on October 1, 2015, the amendments made by this 
     section shall terminate and subsection (c) of section 1413a 
     of title 10, United States Code, shall be amended to appear 
     as it did on September 30, 2008.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

     SEC. 651. ACCESS TO DEFENSE COMMISSARY AND EXCHANGE SYSTEM BY 
                   SURVIVING SPOUSE AND DEPENDENTS OF CERTAIN 
                   DISABLED VETERANS.

       (a) Revision of Regulations and Instructions.--The 
     Secretary of Defense shall revise the regulations and 
     instructions described in subsection (b) as necessary to 
     ensure access to the Defense Commissary and Exchange System 
     by the surviving spouse and dependents of a veteran who had a 
     service-connected disability rated at 100 percent (total), 
     based on an application submitted by the veteran, although 
     the disability rating was awarded posthumously. Such access 
     shall be provided in the same manner and to the same extent 
     as other surviving spouses and dependents covered by such 
     regulations and instructions.
       (b) Covered Regulations and Instructions.--The regulations 
     and instructions referred to in subsection (a) are the 
     following:
       (1) Armed Services Commissary Regulations (DoD Regulations 
     1330.17-R, April 1987).
       (2) Armed Services Exchange Regulations (DoD Instruction 
     1330.21, July, 14, 2005).
       (3) The instruction pertaining to identification cards (ID) 
     cards for members of the uniformed services, their 
     dependents, and other eligible individuals (DoD Instruction 
     1000.13, December 5, 1997).

     SEC. 652. 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. 653. AUTHORIZATION OF INSTALLMENT DEDUCTIONS FROM PAY OF 
                   EMPLOYEES OF EXECUTIVE BRANCH INSTRUMENTALITIES 
                   TO COLLECT INDEBTEDNESS TO THE UNITED STATES.

       (a) Coverage of Executive Branch Instrumentalities.--
     Section 5514(a)(5)(B) of title 5, United States Code, is 
     amended by striking ``judicial'' and inserting ``executive, 
     judicial,''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and apply with respect to debt incurred before, on, or after 
     that date.

  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 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); and
       ``(B) a bonus paid under paragraph (3), (4), or (5) of 
     subsection (a) may not exceed $40,000 for a minimum one-year 
     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.--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 a 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) Regulations.--This section 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; 
     and
       ``(2) the Secretary of Homeland Security, with respect to 
     the Coast Guard when it is not operating as a service in the 
     Navy.

     ``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--

[[Page 12771]]

       ``(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 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 $60,000 for a minimum three-year period of 
     obligated service agreed to under subsection (d); and
       ``(B) a bonus paid under paragraph (3), (4), or (5) of 
     subsection (a) may not exceed $50,000 for each year 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.--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 an officer is 
     entitled.
       ``(f) Repayment.--A person or officer who receives a bonus 
     under this section who fails to complete the period of 
     service, or meet the conditions of service, for which the 
     bonus is paid, as specified in the written agreement under 
     subsection (d), shall be subject to the repayment provisions 
     of section 373 of this title.
       ``(g) Regulations.--This section 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.

     ``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 
     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 incentive 
     pay to be paid under this section, except that such payments 
     may not exceed $60,000 for each 12-month period of the 
     agreement or 12-month period of qualifying service.
       ``(2) Lump sum or installments.--A nuclear officer bonus or 
     incentive pay under this section may be paid in a lump sum or 
     in periodic installments.
       ``(e) Written Agreement for Bonus.--
       ``(1) Agreement required.--To receive a nuclear officer 
     bonus under this section, 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 incentive pay paid to a person or officer 
     under this section is in addition to any other pay and 
     allowance to which an officer is entitled, except that an 
     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.--The person or officer who receives a 
     nuclear officer bonus or incentive pay under this section 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 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.

     ``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 a regular or 
     reserve component officer 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 a regular or reserve 
     component officer 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 amounts of a bonus or incentive pay to be paid 
     under this section, except that--
       ``(A) aviation incentive pay shall be paid at a monthly 
     rate, not to exceed $850 per month; and
       ``(B) an aviation bonus 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

[[Page 12772]]

     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 an officer is entitled, 
     except that an officer may not receive a payment under such 
     subsection and section 351(a)(4) 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 a regular or reserve component officer (except a flight 
     surgeon or other medical officer) while holding an 
     aeronautical rating or designation or while in training to 
     receive an aeronautical rating or designation.
       ``(2) The term `operational flying duty' means flying 
     performed under competent orders by rated or designated 
     regular or reserve component officers while serving in 
     assignments in which basic flying skills normally are 
     maintained in the performance of assigned duties as 
     determined by the Secretary concerned, and flying performed 
     by members in training that leads to the award of an 
     aeronautical rating or designation.
       ``(3) The term `proficiency flying duty' means flying 
     performed under competent orders by rated or designated 
     regular or reserve component officers while serving in 
     assignments in which such skills would normally not be 
     maintained in the performance of assigned duties.
       ``(4) The term `officer' includes an individual enlisted 
     and designated as an aviation cadet under section 6911 of 
     title 10, United States Code.
       ``(i) Regulations.--This section 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; and
       ``(3) the Secretary of Commerce, with respect to the 
     National Oceanic and Atmospheric Administration.

     ``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 a regular or 
     reserve component officer in 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; or
       ``(2) 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; and
       ``(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 may not exceed $100,000 
     for each 12-month period of obligated service agreed to under 
     subsection (f);
       ``(B) health professions incentive pay may not exceed 
     $100,000 in any 12-month period, and it may be paid monthly; 
     and
       ``(C) board certification incentive pay may not exceed 
     $25,000 per 12-month period an officer remains certified in 
     the designated health profession specialty or skill.
       ``(2) Lump sum or installments.--A 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 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 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 sections 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 an officer is entitled, 
     except that an 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:
       ``(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) Regulations.--This section 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; and
       ``(3) the Secretary of Health and Human Services, with 
     respect to the commissioned corps of the Public Health 
     Service.

     ``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;
       ``(2) is exposed to a hostile fire event, explosion of a 
     hostile explosive device, or any other hostile action;

[[Page 12773]]

       ``(3) is on duty during a month in an area in which an 
     event described in paragraph (2) occurred which placed the 
     member in grave danger of physical injury;
       ``(4) performs duty the Secretary concerned has designated 
     as hazardous duty based upon the inherent dangers of that 
     duty and risks of physical injury; or
       ``(5) 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 paragraph (1) 
     of such subsection, hazardous duty pay may not exceed $450 
     per month.
       ``(2) In the case of a member who is exposed to a hostile 
     fire event or is on duty in an area in which such an event 
     occurred which placed the member in grave danger of physical 
     injury, as described in paragraph (2) or (3) of such 
     subsection, hazardous duty pay may not exceed $450 per month.
       ``(3) In the case of a member who performs a designated 
     hazardous duty, as described in paragraph (4) of such 
     subsection, hazardous duty pay may not exceed $250 per month.
       ``(4) In the case of a member who performs duty in a 
     foreign area designated as an imminent danger area, as 
     described in paragraph (5) of such subsection, 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 paragraph (1), (2), or (3) of 
     subsection (a) shall receive the full monthly rate of 
     hazardous duty pay authorized by the Secretary concerned 
     under such paragraph, notwithstanding subsection (d).
       ``(d) Reserve Component Members Performing Inactive Duty 
     Training.--A member of a reserve component entitled to 
     compensation under section 206 of this title who is 
     authorized hazardous duty pay under this section may be paid 
     an amount of hazardous duty pay that is proportionate to the 
     compensation received by the member under section 206 of this 
     title for inactive-duty training.
       ``(e) Administration and Retroactive Payments.--The 
     effective date for a hostile fire area designation, 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 (5) 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 paragraph (2) or (3) of 
     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.
       ``(g) Relationship 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 under subsection (j) 
     shall address dual compensation under this section for 
     multiple circumstances involving performance of a designated 
     hazardous duty, as described in paragraph (4) of subsection 
     (a), or for duty in certain designated areas, as described in 
     paragraph (1) or 5 of such subsection, that is performed by a 
     member during a single month of service.
       ``(h) Prohibition on Variable Rates.--The regulations 
     prescribed under subsection (j) may not include varied 
     criteria or rates for payment of hazardous duty for officers 
     and enlisted members.
       ``(i) Repayment.--A member who receives the hazardous duty 
     pay authorized under this section and who fails to meet the 
     eligibility requirements under subsection (a) shall be 
     subject to the repayment provisions of section 373 of this 
     title.
       ``(j) Regulations.--This section 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.

     ``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 a 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) shall be 
     subject to the repayment provisions of section 373 of this 
     title.
       ``(g) Regulations.--This section 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.

     ``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 shall be in 
     paid monthly in an amount not exceed $1,000 per month.

[[Page 12774]]

       ``(2) Proficiency bonus.--A proficiency bonus 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 per 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 shall be subject to annual certification by 
     the Secretary concerned.
       ``(2) Duration of certification.--A certification period 
     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 under subsection (i) 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. 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. 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) may be 
     paid an amount of skill incentive pay 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 skill incentive pay may be made 
     under paragraph (1) in the case of a member of a reserve 
     component who is authorized skill incentive pay because of 
     the member's proficiency in a foreign language.
       ``(g) Repayment.--A member who receives skill incentive pay 
     or a proficiency bonus under this section and who fails to 
     fulfill the eligibility requirement for receipt of the pay or 
     bonus shall be subject to the repayment provisions of section 
     373 of this title.
       ``(h) Relationship to Other Pays and Allowances.--A member 
     may not be paid more than one pay under this section in any 
     month for the same period of service and skill. A member may 
     be paid skill incentive pay or the proficiency bonus under 
     this section in addition to any other pay and allowances to 
     which the member is entitled, except that the member may not 
     be paid skill incentive pay or a proficiency bonus under this 
     section and hazardous duty pay under section 351(a)(4) of 
     this title for the same period of service in the same career 
     field or skill.
       ``(i) Regulations.--This section 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.

                  ``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 for 
       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.--Notwithstanding any other 
     provision of law, the Secretary concerned may continue to pay 
     all pay and allowances to a member of a regular or reserve 
     component of a uniformed service, including any bonus, 
     incentive pay, or similar benefit, if the member--
       ``(1) 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
       ``(2) is hospitalized for treatment of such wound, injury, 
     or illness.
       ``(b) Duration.--The continuation of pay and allowances of 
     a member under subsection (a) shall expire at the end of the 
     first month during which the member is no longer hospitalized 
     for treatment.
       ``(c) Definitions.--In this section:
       ``(1) The term `hospitalized for treatment', with respect 
     to a member, means the member--
       ``(A) is admitted as an inpatient in a military treatment 
     facility; or
       ``(B) is residing in quarters or in a facility affiliated 
     with the military health care system for the purposes of 
     receiving extensive outpatient rehabilitation or other 
     medical care.
       ``(2) 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 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' 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 regular or reserve component member 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 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 or 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(e) and 621, 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 Amendments.--The table of sections at the 
     beginning of chapter 5 of title 37,

[[Page 12775]]

     United States Code, is amended to read as follows:

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

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

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

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

                  ``subchapter iii--general provisions

``371. Relationship to other incentives and pays.
``372. Continuation of pays during hospitalization for 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 (c) 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) 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.
       (d) 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. 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 adding at the end the following new subparagraph:
       ``(D) any loan incurred for educational purposes made by a 
     lender that is--
       ``(i) an agency or instrumentality of a State;
       ``(ii) a financial or credit institution (including an 
     insurance company) that is subject to examination and 
     supervision by an agency of the United States or any State;
       ``(iii) a pension fund approved by the Secretary for 
     purposes of this section; or
       ``(iv) a nonprofit private entity designated by a State, 
     regulated by 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:


[[Page 12776]]


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

     SEC. 672. 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) In the case of a person lawfully admitted for 
     permanent residence who is the spouse or child 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 
     if a spouse), such residence and physical presence abroad 
     shall not be treated as--
       ``(1) an abandonment or relinquishment of lawful permanent 
     resident status for purposes of section 101(a)(13)(C)(i); or
       ``(2) an absence from the United States for purposes of 
     section 101(a)(13)(C)(ii).''.

     SEC. 673. 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 oversees pursuant to section 
     1701(d) of the National Defense Authorization Act for Fiscal 
     Year 2004 (Public Law 108-136; 8 U.S.C. 1443a).''.
       (b) Children.--Section 322 of the Immigration and 
     Nationality Act (8 U.S.C. 1433) is amended by adding at the 
     end the following new subsection:
       ``(d) In the case of a child of a member of the Armed 
     Forces of the United States who is authorized to accompany 
     such member and reside abroad with the member pursuant to the 
     member's official orders, and is so accompanying and residing 
     with the member--
       ``(1) any period of time during which the member of the 
     Armed Forces is residing abroad pursuant to official orders 
     shall be treated, for purposes of subsection (a)(2)(A), as 
     physical presence in the United States;
       ``(2) subsection (a)(5) shall not apply; and
       ``(3) the oath of allegiance described in subsection (b) 
     may be subscribed to abroad pursuant to section 1701(d) of 
     the National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136; 8 U.S.C. 1443a).''.
       (c) Overseas Naturalization Authority.--Section 1701(d) of 
     the National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136; 8 U.S.C. 1443a) is amended--
       (1) in the subsection heading, by inserting ``and Their 
     Spouses and Children'' after ``Forces''; and
       (2) by inserting ``, and persons made eligible for 
     naturalization by section 319(e) or 322(d) of such Act,'' 
     after ``Armed Forces''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     apply to any application for naturalization or issuance of a 
     certificate of citizenship pending on or after such date.

                   TITLE VII--HEALTH CARE PROVISIONS

Sec. 701. 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. Fair pricing under pharmacy benefits program.
Sec. 704. Prohibition on conversion of military medical and dental 
              positions to civilian medical and dental positions.
Sec. 705. Establishment of Nurse Practitioner Program.
Sec. 706. Services of mental health counselors.
Sec. 707. Extension of pilot program for health care delivery.
Sec. 708. Stipend for members of Reserve Components for health care for 
              certain dependents.
Sec. 709. Joint Pathology Center.
Sec. 710. Report on training in preservation of remains under combat or 
              combat-related conditions.
Sec. 711. Pre- and post-deployment assessments for the purpose of 
              determining the cognitive functioning and brain health of 
              deployed members of the Armed Forces.
Sec. 712. Guaranteed funding for Walter Reed Army Medical Center.

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

       (a) Extension of Prohibition on Increase in Charges Under 
     Contracts for Medical Care.--Section 1097(e) of title 10, 
     United States Code, is amended by striking ``2007'' and 
     inserting ``2008''.
       (b) Extension of Prohibition in Increase in Charges for 
     Inpatient Care.--Section 1086(b)(3) of title 10, United 
     States Code, is amended by striking ``2007.'' and inserting 
     ``2008''.
       (c) Extension of Prohibition on Increase in Premiums Under 
     TRICARE Coverage for Certain Members in the Selected 
     Reserve.--Section 1076d(d)(3) of title 10, United States 
     Code, is amended by striking ``2007'' and inserting ``2008''.
       (d) Extension of Prohibition on Increase in Premiums Under 
     TRICARE Coverage for Members of the Ready Reserve.--Section 
     1076b(e)(3) of title 10, United States Code, is amended by 
     striking ``2007'' and inserting ``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. FAIR PRICING UNDER PHARMACY BENEFITS PROGRAM.

       Section 1074g(a) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(9)(A) In carrying out this subsection, the Secretary 
     may, to the extent recommended by the Pharmacy and 
     Therapeutics Committee in the course of reviewing any 
     therapeutic class of pharmaceutical agents, exclude from the 
     pharmacy benefits program any pharmaceutical agent that is 
     not provided to the Secretary consistent with the pricing 
     standard set forth subparagraph (B).
       ``(B) The pricing standard referred to in subparagraph (A) 
     is that the price of any pharmaceutical agent made available 
     to beneficiaries through all the means described in paragraph 
     (2)(E) shall be the same as, or lower than, the price of the 
     agent under section 8126 of title 38, United States Code.''.

     SEC. 704. 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 on or after October 1, 
     2007.
       (b) 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.
       (c) 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

[[Page 12777]]

     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).
       (d) 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. 705. ESTABLISHMENT OF NURSE PRACTITIONER PROGRAM.

       The Secretary of Defense shall establish at the Uniformed 
     Services University of the Health Sciences a graduate 
     education program for advanced-practice nursing. The 
     Secretary shall, in consultation with the Secretaries of the 
     military departments, determine programs of instruction 
     leading to designation as a Nurse Practitioner, which shall 
     include, at a minimum, family practice and psychiatric or 
     mental health. The program shall be designed to ensure that 
     graduates of the program are fully eligible to meet 
     credentialing requirements of the military departments and at 
     least one State.

     SEC. 706. SERVICES OF MENTAL HEALTH COUNSELORS.

       (a) Reimbursement of Mental Health Counselors Under 
     TRICARE.--
       (1)  Reimbursement under tricare.--Section 1079(a)(8) of 
     title 10, United States Code, is amended--
       (A) by inserting ``or licensed or certified mental health 
     counselors'' after ``certified marriage and family 
     therapists'' both places it appears; and
       (B) by inserting ``or licensed or certified mental health 
     counselors'' after ``that the therapists.''
       (2) Authority to assess medical or psychological necessity 
     of service or supply.--Section 1079(a)(13) of such title is 
     amended by inserting ``, licensed or certified mental health 
     counselor,'' after ``certified marriage and family 
     therapist''.
       (b) Services of Mental Health Counselors.--
       (1) Authority to enter into personal services contracts.--
     Section 704(c)(2) of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2799; 10 
     U.S.C. 1091 note) is amended by inserting ``mental health 
     counselors,'' after ``psychologists,''.
       (2) Applicability of licensure requirement for health-care 
     professionals.--Section 1094 (e)(2) of title 10, United 
     States Code, is amended by inserting ``mental health 
     counselor,'' after ``psychologist,''.

     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; 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. STIPEND FOR MEMBERS OF RESERVE COMPONENTS FOR 
                   HEALTH CARE FOR CERTAIN DEPENDENTS.

       The Secretary of Defense may pay a stipend to a member of a 
     reserve component 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. 709. JOINT PATHOLOGY CENTER.

       (a) Establishment.--The Secretary of Defense shall 
     establish a Joint Pathology Center located on the National 
     Naval Medical Center in Bethesda, Maryland, that shall 
     function as the reference center in pathology for the 
     Department of Defense.
       (b) Services.--The Joint Pathology Center shall provide, at 
     a minimum, the following services:
       (1) Diagnostic pathology consultation 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.

     SEC. 710. 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. 711. PRE- AND POST-DEPLOYMENT ASSESSMENTS FOR THE 
                   PURPOSE OF DETERMINING THE COGNITIVE 
                   FUNCTIONING AND BRAIN HEALTH OF DEPLOYED 
                   MEMBERS OF THE ARMED FORCES.

       (a) Establishment.--The Secretary of Defense, in 
     collaboration with the Secretaries of the military 
     departments, shall establish a computer-based program that 
     assesses the cognitive functioning, in a pre- and post-
     deployment environment, of all members of the armed forces 
     who are deployed in support of the Global War on Terror, 
     including Operation Iraqi Freedom and Operation Enduring 
     Freedom.
       (b) Minimum Protocol Requirements.--
       (1) In general.--The program required by subsection (a) 
     shall include--
       (A) administration of computer-based neurocognitive 
     assessments;
       (B) pre-deployment assessments to establish a 
     neurocognitive baseline for members of the Armed Forces for 
     future treatment;
       (C) a tool to assess mood states associated with post-
     traumatic stress syndrome; and
       (D) a standardized battery of tests to assess traumatic 
     brain injury.
       (c) Assessments.--
       (1) Frequency.--The predeployment assessment to baseline 
     neurocognitive functioning shall be administered within 90 
     days prior to deployment. The post-deployment assessment 
     shall be administered within 45 days of return from theater.
       (2) Requirements of assessment.--The computer-based 
     neurocognitive assessments required by subsection (a) shall 
     include the capability to be archived and stored on 
     Department of Defense-based servers for future medical use.
       (d) Report.--Not later than 9 months after the date of 
     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 implementation of 
     this section.

     SEC. 712. GUARANTEED FUNDING FOR WALTER REED ARMY MEDICAL 
                   CENTER.

       The amount of funds available for the commander of Walter 
     Reed Army Medical Center 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 certifies to the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives that the expanded facilities at the National 
     Naval Medical Center, Bethesda, Maryland, and DeWitt Army 
     Community Hospital, Fort Belvoir, Virginia, as described in 
     section 304(a), are completed, equipped, and staffed with 
     sufficient capacity to accept and provide at least the same 
     level of care as patients received at Walter Reed Army 
     Medical Center during fiscal year 2006.

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

             Subtitle A--Acquisition Policy and Management

Sec. 801. Definition of commercial services.
Sec. 802. Acquisition workforce provisions.
Sec. 803. Guidance on defense procurements made through contracts of 
              other agencies.
Sec. 804. Prohibition on procurement from beneficiaries of foreign 
              subsidies.
Sec. 805. Prohibition on procurement from companies in violation of the 
              Iran and Syria Nonproliferation Act.
Sec. 806. Lead systems integrators.
Sec. 807. Procurement goal for Native Hawaiian-serving institutions and 
              Alaska Native-serving institutions.
Sec. 808. Reinvestment in domestic sources of strategic materials.
Sec. 809. Clarification of the protection of strategic materials 
              critical to national security.
Sec. 810. Debarment of contractors convicted of criminal violations of 
              the Arms Export Control Act.

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

Sec. 811. Change to the Truth in Negotiations Act exception for the 
              acquisition of a commercial item.
Sec. 812. Clarification of submission of cost or pricing data on 
              noncommercial modifications of commercial items.
Sec. 813. Plan for restricting Government-unique contract clauses on 
              commercial contracts.
Sec. 814. Extension of authority for use of simplified acquisition 
              procedures for certain commercial items.
Sec. 815. Extension of authority to fill shortage category positions 
              for certain federal acquisition positions.

[[Page 12778]]

Sec. 816. Extension of authority to carry out certain prototype 
              projects.
Sec. 817. Clarification of limited acquisition authority for special 
              operations command.
Sec. 818. Exemption of special operations command from certain 
              requirements for contracts relating to vessels, aircraft, 
              and combat vehicles.
Sec. 819. Provision of authority to maintain equipment to unified 
              combatant command for joint warfighting.
Sec. 820. Market research.

               Subtitle C--Accountability in Contracting

Sec. 821. Limitation on length of noncompetitive contracts.
Sec. 822. Maximizing fixed-price procurement contracts.
Sec. 823. Public disclosure of justification and approval documents for 
              noncompetitive contracts.
Sec. 824. Disclosure of Government contractor audit findings.
Sec. 825. Study of acquisition workforce.
Sec. 826. Report to Congress.

         Subtitle D--Contracts Relating to Iraq and Afghanistan

Sec. 831. Memorandum of understanding on matters relating to 
              contracting.
Sec. 832. Comptroller General reviews and reports on contracting in 
              Iraq and Afghanistan.
Sec. 833. Definitions.
Sec. 834. Competition for equipment supplied to Iraq and Afghanistan.

                       Subtitle E--Other Matters

Sec. 841. Rapid Commercial Information Technology Identification 
              Demonstration Project.
Sec. 842. Report to Congress required on delays in major phases of 
              acquisition process for major automated information 
              system programs.
Sec. 843. Requirement for licensing of certain military designations 
              and likenesses of weapons systems to toy and hobby 
              manufacturers.
Sec. 844. Change in grounds for waiver of limitation on service 
              contract to acquire military flight simulator.
Sec. 845. Evaluation of cost of compliance with requirement to buy 
              certain articles from American sources.
Sec. 846. Requirements relating to waivers of certain domestic source 
              limitations.
Sec. 847. Multiple cost threshold breaches.
Sec. 848. Phone cards.
Sec. 849. Jurisdiction under Contract Disputes Act of 1978 over claims, 
              disputes, and appeals arising out of maritime contracts.
Sec. 850. Clarification of jurisdiction of the United States district 
              courts to hear bid protest disputes involving maritime 
              contracts.

             Subtitle A--Acquisition Policy and Management

     SEC. 801. DEFINITION OF COMMERCIAL SERVICES.

       (a) Commercial Item Regulations to Be Used Only for 
     Commercial Services Meeting Statutory Definition.--The 
     Administrator for Federal Procurement Policy shall revise the 
     Federal Acquisition Regulation to ensure that only commercial 
     services as defined in section 4(12)(F) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(12)(F)) are 
     procured under procedures set forth in Part 12 of the Federal 
     Acquisition Regulation. In carrying out the revision, the 
     Administrator shall remove the words ``of a type'' from the 
     definition of commercial services to be procured under such 
     Part 12.
       (b) Requirement to Analyze Two Options for Procurement of 
     Services Similar to Commercial Services.--The Administrator 
     for Federal Procurement Policy shall analyze the two options 
     described in subsection (c) to determine which regulations 
     would be in the best interest of the Government for the 
     procurement of services similar to commercial services. After 
     completing the analysis, the Administrator shall revise the 
     Federal Acquisition Regulation to include the option that the 
     Administrator has determined to be in the best interest of 
     the Government.
       (c) Options for Analysis.--The two options are as follows:
       (1) Option 1.--Part 12 of the Federal Acquisition, relating 
     to acquisition of commercial items, with the following 
     additional provisions:
       (A) Subject to subparagraph (B), the contracting officer 
     may request the following information from the offeror:
       (i) Prices paid for the same or similar commercial items 
     under comparable terms and conditions by both government and 
     commercial customers.
       (ii) Information regarding price or cost that may support 
     the price offered, such as wages, subcontracts, or material 
     costs.
       (iii) Such other information as the Administrator considers 
     appropriate.
       (B) The contracting officer should not request more 
     information than is necessary to determine that an offered 
     price is reasonable.
       (2) Option 2.--Part 15 of the Federal Acquisition 
     Regulation, relating to contracting by negotiation, as in 
     effect on the date of the enactment of this Act.

     SEC. 802. ACQUISITION WORKFORCE PROVISIONS.

       (a) 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).
       (b) Requirement for Section on Acquisition Workforce in 
     Strategic Human Capital Plan.--
       (1) 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.
       (2) Funding.--The section shall contain--
       (A) an identification of the funding programmed for 
     acquisition workforce training in the future years defense 
     program;
       (B) a determination by the Secretary of whether such 
     funding is adequate; and
       (C) an evaluation of how such funding can be protected from 
     being diverted to other uses.
       (3) Areas of need.--The section also shall identify any 
     areas of need in the acquisition workforce, including--
       (A) changes to the types of skills needed in the 
     acquisition workforce;
       (B) incentives to retain in the acquisition workforce 
     qualified, experienced acquisition workforce personnel; and
       (C) incentives for attracting new, high-quality personnel 
     to the acquisition workforce.
       (c) Strategic Human Capital Plan Defined.--In this section, 
     the term ``strategic human capital plan'' means the strategic 
     human capital plan required under section 1122 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3452; 10 U.S.C. prec. 1580 
     note).

     SEC. 803. GUIDANCE ON DEFENSE PROCUREMENTS MADE THROUGH 
                   CONTRACTS OF OTHER AGENCIES.

       (a) Guidance.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall issue guidance 
     on the use of interagency contracting by the Department of 
     Defense.
       (b) Matters Covered.--The guidance shall include, at a 
     minimum, the following provisions:
       (1) Items unique to the Department of Defense may not be 
     acquired by interagency contracting.
       (2) Acquisition officials should make a good faith effort, 
     including through the conduct of market research, if 
     appropriate, to identify whether an item considered for 
     interagency contracting is already being provided under a 
     contract awarded by the Department of Defense.
       (3) Acquisition officials shall ensure that, with respect 
     to the outside agency involved in any procurement through 
     interagency contracting, any requirements related to the 
     procurement that are specific to the Department of Defense 
     shall be identified and communicated to the agency, including 
     relevant requirements of the following:
       (A) The Federal Acquisition Regulation.
       (B) The Department of Defense Supplement to the Federal 
     Acquisition Regulation.
       (C) Appropriations laws.
       (D) Provisions in law or regulation that are unique to 
     defense procurement and that apply to the specific contract 
     under consideration, but that may not be included under 
     subparagraph (A), (B), or (C).
       (c) Definitions.--In this section:
       (1) Interagency contracting.--The term ``interagency 
     contracting'' means the procurement of goods or services 
     (under section 1535 of title 31, United States Code) through 
     a contract entered into by an agency outside the Department 
     of Defense.
       (2) Acquisition official.--The term ``acquisition 
     official'' means--
       (A) in the case of a direct acquisition, the contracting 
     officer for the acquisition; and
       (B) in the case of an assisted acquisition, the program 
     manager coordinating the acquisition for the Department of 
     Defense.
       (3) Direct acquisition.--The term ``direct acquisition'' 
     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 an agency 
     outside the Department.
       (4) Assisted acquisition.--The term ``assisted 
     acquisition'' means the type of interagency contracting 
     through which an agency outside the Department of Defense 
     awards a contract for the procurement of goods or services.

     SEC. 804. PROHIBITION ON PROCUREMENT FROM BENEFICIARIES OF 
                   FOREIGN SUBSIDIES.

       (a) Prohibition.--The Secretary of Defense may not enter 
     into a contract for the procurement of goods or services from 
     any foreign person to which the government of a foreign 
     country that is a member of the World Trade Organization has 
     provided a subsidy if--
       (1) the United States has requested consultations with that 
     foreign country under the Agreement on Subsidies and 
     Countervailing Measures on the basis that the subsidy is a 
     prohibited subsidy under that Agreement; and
       (2) either--
       (A) the issue before the World Trade Organization has not 
     been resolved; or
       (B) the World Trade Organization has ruled that the subsidy 
     provided by the foreign country is a prohibited subsidy under 
     the Agreement on Subsidies and Countervailing Measures.
       (b) Joint Ventures.--The prohibition under subsection (a) 
     with respect to a foreign person also applies to any joint 
     venture, cooperative organization, partnership, or 
     contracting team of which that foreign person is a member.
       (c) Subcontracts and Task Orders.--The prohibition under 
     subsection (a) with respect to a contract also applies to any 
     subcontracts at any tier entered into under the contract and

[[Page 12779]]

     any task orders at any tier issued under the contract.
       (d) Definitions.--In this section:
       (1) The term ``Agreement on Subsidies and Countervailing 
     Measures'' means the agreement described in section 
     101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C. 
     3501(d)(12)).
       (2) The term ``foreign person'' means--
       (A) an individual who is not a United States person or an 
     alien lawfully admitted for permanent residence into the 
     United States; or
       (B) a corporation, partnership, or other nongovernmental 
     entity which is not a United States person.
       (3) The term ``United States person'' means--
       (A) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States; and
       (B) a corporation or other legal entity which is organized 
     under the laws of the United States, any State or territory 
     thereof, or the District of Columbia, if natural persons 
     described in subparagraph (A) own, directly or indirectly, 
     more than 50 percent of the outstanding capital stock or 
     other beneficial interest in such legal entity.
       (e) Applicability.--
       (1) Programs with milestone b approval not covered.--The 
     prohibition under subsection (a) shall not apply to any 
     contract under a major defense acquisition program that has 
     received Milestone B approval as of the date of the enactment 
     of this Act.
       (2) Definitions.--In this subsection:
       (A) The term ``major defense acquisition program'' means a 
     Department of Defense acquisition program that is a major 
     defense acquisition program for purposes of section 2430 of 
     title 10, United States Code.
       (B) The term ``Milestone B approval'' has the meaning 
     provided that term in section 2366(e)(7) of such title.

     SEC. 805. PROHIBITION ON PROCUREMENT FROM COMPANIES IN 
                   VIOLATION OF THE IRAN AND SYRIA 
                   NONPROLIFERATION ACT.

       (a) Prohibition.--Except as provided in subsection (c), 
     funds appropriated or otherwise available to the Department 
     of Defense may not be used for the procurement of goods or 
     services from a source subject to sanctions for violations of 
     the Iran and Syria Nonproliferation Act (Public Law 106-178; 
     50 U.S.C. 1701 note) or from any source that is owned or 
     controlled by a sanctioned entity.
       (b) Contracts Covered.--This section applies to prime 
     contracts and subcontracts at any tier under such contracts.
       (c) Exception.--
       (1) In general.--Subsection (a) does not apply in any case 
     in which the Secretary of Defense determines that there is a 
     compelling reason to solicit an offer from, award a contract 
     or subcontract to, or extend a contract or subcontract with a 
     source described in that subsection. The exception in the 
     preceding sentence may not be used if the same or reasonably 
     equivalent products or services are available from a non-
     sanctioned source.
       (2) Notice to congress.--The Secretary shall transmit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a notice of any determination made under 
     paragraph (1) at the time of the determination.

     SEC. 806. LEAD SYSTEMS INTEGRATORS.

       (a) Prohibition on the Use of Lead Systems Integrators.--
     The Department of Defense may not award any new contracts for 
     lead systems integrator functions in the acquisition of major 
     systems, effective October 1, 2011.
       (b) Plan for Acquisition Workforce.--
       (1) Requirement.--The Secretary of Defense shall develop a 
     plan for establishing the appropriate size of the acquisition 
     workforce to accomplish inherently governmental functions 
     related to acquisition of major weapons systems. In 
     developing the plan, the Secretary shall, at a minimum--
       (A) identify the positions and skills, due to their 
     inherently governmental nature, that should be supplied by 
     Department of Defense personnel versus contractor personnel;
       (B) identify the gaps in skills that exist within the 
     current defense workforce;
       (C) create a plan for closing such skill gaps;
       (D) create a plan for obtaining a proper match between the 
     level of acquisition expertise within each acquisition 
     program office and the level of risk associated with the 
     acquisition program that the program office is expected to 
     manage; and
       (E) identify the additional personnel or hiring authorities 
     that may be required on an interim basis, until such time as 
     the Department of Defense has sufficient government personnel 
     to fill the positions designated as inherently governmental.
       (2) Deadline.--The plan described in paragraph (1) shall be 
     submitted to the congressional defense committees no later 
     than October 1, 2008.
       (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:
       (1) The contractor may not perform inherently governmental 
     functions, as may be prescribed by the Secretary of Defense, 
     including--
       (A) determining courses of action to be taken in the best 
     interest of the government; and
       (B) determining best technical performance for the 
     warfighter; and
       (2) a prime contractor for such a contract may not award a 
     subcontract 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.

     SEC. 807. 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. 808. REINVESTMENT IN DOMESTIC SOURCES OF STRATEGIC 
                   MATERIALS.

       (a) Reinvestment Required.--
       (1) Proposal evaluation criteria.--The Under Secretary of 
     Defense for Acquisition, Technology, and Logistics shall 
     issue guidance requiring that all Department of Defense 
     solicitations for proposals for major systems that could 
     contain strategic materials clearly specify that an 
     evaluation criteria for such proposals will be the extent to 
     which each prospective strategic material supplier 
     demonstrates a record of sustained reinvestment in processes, 
     infrastructure, workforce training, and facilities for 
     domestic production of such a material, as well as a plan for 
     continued reinvestment.
       (2) Flow down required.--Guidance issued under this 
     subsection shall require that the evaluation criteria be 
     incorporated by reference into any solicitation for sources 
     of strategic materials at any contractual tier.
       (b) Review and Report.--
       (1) Review Required.--The Strategic Materials Protection 
     Board, established under section 187 of title 10, United 
     States Code, shall, on an annual basis--
       (A) review the number of proposals submitted for major 
     systems that could contain strategic materials; and
       (B) as part of the Board's duties under paragraph (2) and 
     (3) of section 187(b) of such title, determine the following:
       (i) The percentage of proposals that were found to be 
     responsive to the reinvestment evaluation criteria required 
     under subsection (a).
       (ii) The percentage of responsive proposals that were 
     awarded.
       (iii) The percentage of non-responsive proposals that were 
     awarded.
       (iv) The long-term viability of strategic materials 
     suppliers, based upon the past and future reinvestment 
     planned by the suppliers.
       (2) Inclusion in Board Report.--The Strategic Materials 
     Protection Board shall include its findings in the next 
     report submitted to Congress under section 187(d) of title 
     10, United States Code, after the date of the enactment of 
     this Act. The Board shall include the findings of subsequent 
     annual reviews in subsequent reports submitted under such 
     section.
       (c) Definitions.--In this section:
       (1) Strategic material.--The term ``strategic material'' 
     means--
       (A) a material designated as critical to national security 
     by the Strategic Materials Protection Board in accordance 
     with the section 187 of title 10, United States Code;
       (B) a specialty metal as defined by section 2533b of title 
     10, United States Code; or
       (C) steel.
       (2) Major system.--The term ``major system'' has the 
     meaning provided in section 2302 of title 10, United States 
     Code.

     SEC. 809. CLARIFICATION OF THE PROTECTION OF STRATEGIC 
                   MATERIALS CRITICAL TO NATIONAL SECURITY.

       (a) Definition of Required Form.--Subsection (b) of section 
     2533b of title 10, United States Code, is amended by striking 
     the period at the end and inserting the following: ``and the 
     term `required form' means mill products, such as slab, plate 
     and sheet, in the required form necessary. The term `required 
     form' shall not apply to end items or to their components at 
     any tier.''.
       (b) Applicability to Procurements of Commercial Items.--
     Subsection (h) of section 2533b of title 10, United States 
     Code, is amended by inserting ``or 35'' after ``This section 
     applies to

[[Page 12780]]

     procurements of commercial items notwithstanding section 
     34.''
       (c) Revision of Domestic Non-Availability Determinations.--
     Any Domestic Non-Availability Determination made by the 
     Department of Defense between December 6, 2006 and the date 
     60 days after the date of the enactment of this Act shall be 
     reviewed and amended, if necessary, to comply with subsection 
     (a) and (b).
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply with respect to contracts entered into 60 
     days after the date of the enactment of this Act.

     SEC. 810. DEBARMENT OF CONTRACTORS CONVICTED OF CRIMINAL 
                   VIOLATIONS OF THE ARMS EXPORT CONTROL ACT.

       (a) Debarment.--Except as provided in subsection (b), if 
     the Secretary of Defense determines that a contractor or 
     prospective contractor has been convicted of a criminal 
     violation of any provision of the Arms Export Control Act (22 
     U.S.C. 2751 et seq.), the Secretary shall debar such 
     contractor or prospective contractor from contracting with 
     the Department of Defense for a period not to exceed 5 years, 
     not later than 90 days after determining that the contractor 
     has been so convicted.
       (b) Exception.--
       (1) In general.--Subsection (a) does not apply in any case 
     in which the Secretary determines that there is a compelling 
     reason to solicit an offer from, award a contract to, extend 
     a contract with, or approve a subcontract with such 
     contractor or prospective contractor.
       (2) Public notice.--The Secretary shall transmit to the 
     Administrator of General Services a notice of any 
     determination made under paragraph (1) at the time of the 
     determination. The Administrator of General Services shall 
     maintain each such notice in a file available for public 
     inspection.
       (c) Definition.--In this section, the term ``debar'' has 
     the meaning given that term by section 2393(c) of title 10, 
     United States Code.

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

     SEC. 811. CHANGE TO THE TRUTH IN NEGOTIATIONS ACT EXCEPTION 
                   FOR THE ACQUISITION OF A COMMERCIAL ITEM.

       Section 2306a(b) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(4) Certain sole source procurements.--The exception in 
     paragraph (1)(C) does not apply in the case of a contract, 
     subcontract, or modification of a contract or subcontract 
     that is for a commercial item to be procured using procedures 
     other than competitive procedures--
       ``(A) if the contracting officer determines that commercial 
     sales data are insufficient to determine a fair and 
     reasonable price; and
       ``(B) if the contractor's business segment has submitted 
     certified cost or pricing data in connection with at least 
     one contract award or contract modification.''.

     SEC. 812. 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) Adjustment of Dollar Amount.--Section 2306a(b)(3)(A) of 
     such title is amended by striking ``$500,000'' and inserting 
     ``$650,000''.

     SEC. 813. 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. 814. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED 
                   ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL 
                   ITEMS.

       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''.

     SEC. 815. 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. 816. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN 
                   PROTOTYPE PROJECTS.

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

     SEC. 817. 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 an 
     acquisition executive, who shall be responsible for the same 
     functions and duties, and have the same authorities, as the 
     service acquisition executives for the military departments.
       ``(ii) The staff of the commander shall include a senior 
     procurement executive, who shall be responsible for providing 
     management direction of the procurement system of the 
     command, advising and assisting the commander and other 
     officials of the combatant command to ensure that activities 
     and missions of the command are achieved through the 
     management of the procurement system of the command, and 
     otherwise being responsible for the same functions and 
     duties, and having the same authorities, as the senior 
     procurement executive for the military departments.
       ``(iii) The commander of the special operations command may 
     designate the same individual to the position of acquisition 
     executive and the position of senior procurement executive.
       ``(iv) Any reference to service acquisition executive or 
     senior procurement executive of a military department in any 
     Federal law, Executive order, or regulation is deemed to 
     include the acquisition executive or senior procurement 
     executive of the special operations command unless such law, 
     order, or regulation explicitly excludes such positions by 
     reference to this section.''.

     SEC. 818. EXEMPTION OF SPECIAL OPERATIONS COMMAND FROM 
                   CERTAIN REQUIREMENTS FOR CONTRACTS RELATING TO 
                   VESSELS, AIRCRAFT, AND COMBAT VEHICLES.

       Subsection (e) of section 167 of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(5) The commander of the command, in carrying out his 
     functions under this subsection, may carry out such functions 
     with respect to a contract covered by section 2401 of this 
     title without regard to subsection (b) of that section if--
       ``(A) the contract is for a term of not more than 5 years 
     (including all options to renew or extend the contract); and
       ``(B) funds are available and obligated for the full cost 
     of the contract (including termination costs) on or before 
     the date the contract is awarded.''.

     SEC. 819. PROVISION OF AUTHORITY TO MAINTAIN EQUIPMENT TO 
                   UNIFIED COMBATANT COMMAND FOR JOINT 
                   WARFIGHTING.

       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.''.

     SEC. 820. MARKET RESEARCH.

       (a) Market Research.--Subsection (c) of section 2377 of 
     title 10, United States Code, is amended as follows:
       (1) The subsection heading is amended by striking 
     ``Preliminary''.
       (2) Paragraph (1) is amended--
       (A) by striking ``research appropriate to the 
     circumstances--'' and inserting ``research--'';
       (B) by striking ``and'' at the end of subparagraph (A);
       (C) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(C) before awarding a task order in excess of the 
     simplified acquisition threshold.''.
       (3) The subsection is amended by adding at the end the 
     following new paragraphs:
       ``(4) The Secretary of Defense shall ensure that market 
     research under this subsection includes use of an 
     appropriately tailored search engine to access the world wide 
     web in order to identify readily available capabilities in 
     the commercial market place.
       ``(5) For programs with a value in excess of $1,000,000, 
     the contracting officer must certify that market research was 
     performed before award of the contract or task order.''.
       (b) Evaluation of Certain Incentives.--The Under Secretary 
     of Defense for Acquisition, Technology, and Logistics shall 
     evaluate options for preferences or economic incentives for 
     contractors that maximize the use of readily available and 
     proven capabilities in the commercial market place.

               Subtitle C--Accountability in Contracting

     SEC. 821. LIMITATION ON LENGTH OF NONCOMPETITIVE CONTRACTS.

       (a) Revision of FAR.--Not later than one year after the 
     date of the enactment of this Act, the Federal Acquisition 
     Regulation shall be revised to restrict the contract period 
     of any contract described in subsection (c) to the minimum 
     contract period necessary--
       (1) to meet the urgent and compelling requirements of the 
     work to be performed under the contract; and

[[Page 12781]]

       (2) to enter into another contract for the required goods 
     or services through the use of competitive procedures.
       (b) Contract Period.--The regulations promulgated under 
     subsection (a) shall require the contract period to not 
     exceed one year, unless the head of the executive agency 
     concerned determines that the Government would be seriously 
     injured by the limitation on the contract period.
       (c) Covered Contracts.--This section applies to any 
     contract in an amount greater than $1,000,000 entered into by 
     an executive agency using procedures other than competitive 
     procedures pursuant to the exception provided in section 
     303(c)(2) of the Federal Property and Administrative Services 
     Act of 1949 (41 U.S.C. 253(c)(2)) or section 2304(c)(2) of 
     title 10, United States Code.
       (d) Definitions.--In this section:
       (1) 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) The term ``head of the executive agency'' means the 
     head of an executive agency except that, in the case of the 
     Department of Defense, the term means--
       (A) in the case of a military department, the Secretary of 
     the military department;
       (B) in the case of a Defense Agency, the head of the 
     Defense Agency; and
       (C) in the case of any part of the Department of Defense 
     other than a military department or Defense Agency, the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics.

     SEC. 822. MAXIMIZING FIXED-PRICE PROCUREMENT CONTRACTS.

       (a) Plans Required.--Subject to subsection (c), the head of 
     each executive agency covered by title III of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     251 et seq.) or, in the case of the Department of Defense, 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics, shall develop and implement a plan to 
     maximize, to the fullest extent practicable, the use of 
     fixed-price type contracts for the procurement of goods and 
     services by the agency or department concerned. The plan 
     shall contain measurable goals and shall be completed and 
     submitted to the Committee on Oversight and Government Reform 
     of the House of Representatives, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, and the 
     Committees on Appropriations of the House of Representatives 
     and the Senate and, in the case of the Department of Defense 
     and the Department of Energy, the Committees on Armed 
     Services of the Senate and the House of Representatives, with 
     a copy provided to the Comptroller General, not later than 1 
     year after the date of the enactment of this Act.
       (b) Comptroller General Review.--The Comptroller General 
     shall review the plans provided under subsection (a) and 
     submit a report to Congress on the plans not later than 18 
     months after the date of the enactment of this Act.
       (c) Requirement Limited to Certain Agencies.--The 
     requirement of subsection (a) shall apply only to those 
     agencies that awarded contracts in a total amount of at least 
     $1,000,000,000 in the fiscal year preceding the fiscal year 
     in which the report is submitted.

     SEC. 823. 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 the Federal Procurement Data 
     System.
       ``(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 the Federal Procurement Data 
     System.
       ``(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. 824. DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT FINDINGS.

       (a) Quarterly Report to Congress.--
       (1) Requirement.--The head of each Federal agency or 
     department or, in the case of the Department of Defense, the 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics, shall submit to the chairman and ranking member of 
     each committee specified in paragraph (2) on a quarterly 
     basis a report that includes the following:
       (A) A list of completed audits performed by such agency or 
     department issued during the applicable quarter that describe 
     contractor costs in excess of $10,000,000 that have been 
     identified as unjustified, unsupported, questioned, or 
     unreasonable under any contract, task or delivery order, or 
     subcontract.
       (B) The specific amounts of costs identified as 
     unjustified, unsupported, questioned, or unreasonable and the 
     percentage of their total value of the contract, task or 
     delivery order, or subcontract.
       (C) A list of completed audits performed by such agency or 
     department issued during the applicable quarter that identify 
     material deficiencies in the performance of any contractor or 
     in any business system of any contractor under any contract, 
     task or delivery order, or subcontract.
       (2) Committees.--The report described in paragraph (1) 
     shall be submitted to--
       (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) in the case of reports from the Department of Defense 
     or the Department of Energy, the Committees on Armed Services 
     of the Senate and the House of Representatives; and
       (E) the committees of primary jurisdiction over the agency 
     or department submitting the report.
       (3) Exception.--Paragraph (1) shall not apply to an agency 
     or department with respect to a calendar quarter if no audits 
     described in paragraph (1) were issued during that quarter.
       (b) Submission of Individual Audits.--
       (1) Requirement.--The head of each Federal agency or 
     department shall provide, within 14 days after a request in 
     writing by the chairman or ranking member of any committee 
     listed in paragraph (2), a full and unredacted copy of any 
     audit described in subsection (a)(1). 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) In the case of the Department of Defense or 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.

     SEC. 825. STUDY OF ACQUISITION WORKFORCE.

       (a) Requirement for Study.--The Administrator for Federal 
     Procurement Policy shall conduct a study of the composition, 
     scope, and functions of the Government-wide acquisition 
     workforce and develop a comprehensive definition of, and 
     method of measuring the size of, such workforce.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall submit to the 
     relevant congressional committees a report on the results of 
     the study required by subsection (a), with such findings and 
     recommendations as the Administrator determines appropriate.

     SEC. 826. REPORT TO CONGRESS.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of the Office of 
     Government Ethics shall submit a report to Congress that 
     contains the Director's recommendations on requiring 
     Government contractors that advise one or more Federal 
     agencies on procurement policy, and requiring federally 
     funded research and development centers, to comply with 
     restrictions relating to personal financial interests, such 
     as those that apply to Federal employees.
       (b) Definition.--In this section:
       (1) Government contractor.--The term ``Government 
     contractor'' means any person (other than a Federal agency) 
     with which a Federal agency has entered into a contract to 
     acquire goods or services.
       (2) Federal agency.--The term ``Federal agency'' means--
       (A) any executive department or independent establishment 
     in the executive branch of the Government, including any 
     wholly owned Government corporation; and
       (B) any establishment in the legislative or judicial branch 
     of the Government (except the Senate, the House of 
     Representatives, and the Architect of the Capitol and any 
     activities under the Architect's direction).
       (3) Federally funded research and development center.--The 
     term ``federally funded

[[Page 12782]]

     research and development center'' means a federally funded 
     research and development center as identified by the National 
     Science Foundation in accordance with the Federal Acquisition 
     Regulation.

         Subtitle D--Contracts Relating to Iraq and Afghanistan

     SEC. 831. 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 
     enter into a memorandum of understanding regarding matters 
     relating to contracting for contracts in Iraq or Afghanistan.
       (b) Restrictions on Contracting Until Memorandum Signed.--
       (1) Restriction.--Except as provided in paragraph (2), on 
     and after January 1, 2008, no contracts in Iraq or 
     Afghanistan may be awarded by the Department of Defense, the 
     Department of State, or the United States Agency for 
     International Development (A) unless the memorandum required 
     by subsection (a) has been signed by the Secretary of 
     Defense, the Secretary of State, or the Administrator of the 
     United States Agency for International Development, 
     respectively; and (B) the department or agency concerned has 
     initiated use of the common database identified in such 
     memorandum to track contracts in Iraq or Afghanistan.
       (2) Waiver.--
       (A) The restriction in paragraph (1) may be waived by the 
     President for a period of 30 days if the President submits to 
     the relevant committees of Congress a notification of the 
     waiver and the reasons for the waiver at least 15 days before 
     issuing the waiver.
       (B) Such waiver may be renewed for any number of additional 
     30-day periods if the President submits to the relevant 
     committees of Congress a notification of the renewal of the 
     waiver and the reasons for renewing the waiver at least 15 
     days before issuing the renewal of the waiver.
       (c) 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 authorizing the carrying of weapons 
     in performance of such contracts.
       (4) Responsibility for establishing minimum qualifications, 
     including background checks, for personnel carrying weapons 
     in performance of such contracts.
       (5) Responsibility for setting rules of engagement for 
     personnel carrying weapons in performance of such contracts.
       (6) Responsibility for establishing procedures for, and the 
     coordination of, movement of contractor personnel in Iraq or 
     Afghanistan.
       (7) Identification of a common database that will serve as 
     a repository of information on all contracts in Iraq or 
     Afghanistan, and agreement on the elements to be included in 
     the database, including, at a minimum, with respect to each 
     contract--
       (A) a brief description of the contract;
       (B) the value of the contract;
       (C) the amount of cost ascribed to overhead for the 
     contract;
       (D) the amount of cost ascribed to security for the 
     contract;
       (E) the total number of personnel employed on the contract; 
     and
       (F) the total number of personnel employed on the contract 
     who provide security in Iraq or Afghanistan.
       (8) Responsibility for maintaining and updating information 
     in the common database identified under paragraph (7).
       (9) 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).
       (d) Copies Provided to Congress.--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.

     SEC. 832. COMPTROLLER GENERAL REVIEWS AND REPORTS ON 
                   CONTRACTING IN IRAQ AND AFGHANISTAN.

       (a) Reviews and Reports Required.--
       (1) In general.--Every six 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 awarded during the period 
     covered by the report.
       (B) Total number of active contracts.
       (C) Total value of all contracts awarded during the 
     reporting period.
       (D) Total value of active contracts.
       (E) Total number of contractor personnel working on 
     contracts during the reporting period.
       (F) Total number of contractor personnel who have provided 
     security in Iraq or Afghanistan for contracts during the 
     reporting period.
       (G) Categories of activities undertaken in reviewed 
     contracts.
       (H) The extent to which such contracts have used 
     competitive procedures.
       (I) The extent to which such contracts have achieved the 
     initial scope of requirements included in the contracts.
       (J) The effect of costs for security on such contracts and 
     whether contracting for security on such contracts rather 
     than government-provided security is more effective, 
     efficient, and consistent with the United States policy 
     goals.
       (K) 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 
     March 1, 2008, and shall submit an updated report every six 
     months thereafter until March 1, 2010.
       (b) Access to Database on Contracts.--The Secretary of 
     Defense and the Secretary of State shall provide full access 
     to the database described in section 831(c)(7) to the 
     Comptroller General for purposes of the reviews carried out 
     under this section.

     SEC. 833. 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) Contracts in iraq or afghanistan.--The term ``contracts 
     in Iraq and 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 at any 
     tier issued under such a contract (including a contract, 
     subcontract, or task 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 
     involves worked performed in Iraq or Afghanistan for a period 
     longer than 14 days.
       (3) 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.

     SEC. 834. COMPETITION FOR EQUIPMENT 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.

                       Subtitle E--Other Matters

     SEC. 841. RAPID COMMERCIAL INFORMATION TECHNOLOGY 
                   IDENTIFICATION DEMONSTRATION PROJECT.

       (a) Demonstration Project.--The Secretary of Defense, 
     acting through the Assistant Secretary of Defense for 
     Networks and Information Integration, shall establish a 
     demonstration project to develop, implement, and assess the 
     effectiveness of a comprehensive approach to identifying, 
     assessing, stimulating investment in, rapidly acquiring, and 
     coordinating the use of commercial information technologies 
     (with an emphasis on commercial off-the-shelf information 
     technologies). The demonstration project shall be known as 
     the ``Rapid Commercial Information Technology Identification 
     Demonstration Pilot.''
       (b) Matters Covered.--The demonstration project shall 
     include the following:
       (1) Developing a process to rapidly assess and set 
     priorities for significant needs of the Department of Defense 
     that could be met by commercial information technology, 
     including a process for--
       (A) aligning needs with the requirements of the combatant 
     commanders; and
       (B) evaluating commercial products of interest against 
     those needs.
       (2) Providing for the hiring and support of employees 
     (including the ability to request detailees from other 
     military or Federal organizations) who can identify and 
     assess promising commercial information technologies and 
     serve as intermediaries to the Department.
       (3) Enhancing internal Department data and communications 
     about promising or existing commercial information technology 
     or federally funded information technologies projects.

[[Page 12783]]

       (4) Identifying key commercial information technologies and 
     using existing mechanisms to make them available to the Armed 
     Forces.
       (5) Developing and operating a suitable Web portal or other 
     significant virtual environment to facilitate communications 
     with industry.
       (6) Providing for acquisition guides for small information 
     technology companies with promising technologies, to help 
     them understand and navigate the funding and acquisition 
     processes of the Department of Defense.
       (7) Developing methods to measure program performance and 
     collecting data on an ongoing basis to assess the effects of 
     the process being used by the demonstration program.
       (c) Period of Demonstration Project.--The demonstration 
     project shall be conducted for a period of three years.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Defense $10,000,000 
     for fiscal year 2008 to carry out the demonstration project 
     under this section, to be derived from amounts provided in 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide activities.
       (e) Report to Congress.--Not later than 12 months 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 the demonstration project required 
     under this section.

     SEC. 842. REPORT TO CONGRESS REQUIRED ON DELAYS IN MAJOR 
                   PHASES OF ACQUISITION PROCESS FOR MAJOR 
                   AUTOMATED INFORMATION SYSTEM PROGRAMS.

       (a) Report Required for Certain Delays.--In the case of any 
     major automated information system program, if there is a 
     delay in meeting any deadline for a phase of the acquisition 
     process for the program specified in subsection (b), the 
     Secretary of Defense, acting through the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics, shall 
     submit to the congressional defense committees a report on 
     the delay. The report shall be submitted not later than 30 
     days after the delay occurs.
       (b) Deadlines.--The deadlines for a phase of the 
     acquisition process referred to in subsection (a) are the 
     following:
       (1) With respect to approval of any analysis of 
     alternatives, within one year from the date each analysis 
     began.
       (2) With respect to achieving Milestone B in accordance 
     with section 2366a of title 10, United States Code, within 18 
     months after the date of Milestone A approval.
       (3) With respect to completion of any capability 
     development document, within six months from the time of 
     determined need to the time of approval.
       (c) Matters Covered by Report.--The report required by 
     subsection (a)--
       (1) shall set forth the reason or reasons the Department of 
     Defense was unable to complete the delayed process or 
     processes on time; and
       (2) shall include a written certification with a supporting 
     explanation stating that--
       (A) the program is necessary for the efficient management 
     of the Department; and
       (B) the most current estimates of the costs, schedule, and 
     performance parameters with respect to the program and system 
     are reasonable; and the management structure for the program 
     is adequate to manage and control program costs.

     SEC. 843. REQUIREMENT FOR LICENSING OF CERTAIN MILITARY 
                   DESIGNATIONS AND LIKENESSES OF WEAPONS SYSTEMS 
                   TO TOY AND HOBBY MANUFACTURERS.

       (a) Requirement 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 adding after subsection (b) the following new 
     subsection:
       ``(c) Required Licenses.--(1) The Secretary concerned shall 
     license trademarks, service marks, certification marks, and 
     collective marks 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 is a small business concern 
     and that--
       ``(A) is a toy or hobby manufacturer, distributor, or 
     merchant; and
       ``(B) is determined by the Secretary concerned to be 
     qualified in accordance with such criteria as may be 
     prescribed by the Secretary of Defense.
       ``(3) The fee for a license under this subsection shall be 
     determined under regulations prescribed by the Secretary of 
     Defense. Any such fee shall be nominal and shall be an amount 
     not less than an 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 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. 844. CHANGE IN GROUNDS FOR WAIVER OF LIMITATION ON 
                   SERVICE CONTRACT TO ACQUIRE MILITARY FLIGHT 
                   SIMULATOR.

       Section 832(b)(1) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2331) is amended by striking ``necessary for 
     national security purposes'' and inserting ``in the national 
     interest''.

     SEC. 845. EVALUATION OF COST OF COMPLIANCE WITH REQUIREMENT 
                   TO BUY CERTAIN ARTICLES FROM AMERICAN SOURCES.

       (a) Exclusion From Price or Cost Comparison .--For all 
     Department of Defense prime contract awards and subcontract 
     awards at any tier, in the event that a price or cost 
     comparison is made as part of an evaluation of offers for 
     goods or services provided by a United States firm and by a 
     foreign source benefitting from the exception provided in 
     section 2533a(e)(1)(B) or 2533b(d)(1)(B) of title 10, United 
     States Code, the cost of compliance described in subsection 
     (c) shall not be considered in such an evaluation.
       (b) Inclusion in Evaluation of Offers.--The cost of 
     compliance shall be considered in the evaluation of offers 
     provided by United States firms and by foreign sources 
     submitting compliant offers.
       (c) Cost of Compliance.--The cost of compliance described 
     in this subsection is the cost of compliance for a United 
     States firm to procure items grown, reprocessed, reused, or 
     produced in the United States, in accordance with section 
     2533a of title 10, United States Code, or to procure 
     specialty metals melted or produced in the United States, in 
     accordance with section 2533b of such title 10.

     SEC. 846. REQUIREMENTS RELATING TO WAIVERS OF CERTAIN 
                   DOMESTIC SOURCE LIMITATIONS.

        (a) Multi-Contract and Class Waivers.--A domestic non-
     availability determination pursuant to section 2533b(b) of 
     title 10, United States Code, that would apply to more than 
     one prime contract of the Department of Defense shall be made 
     only if the determination--
       (1) has been proposed and finalized under a formal 
     rulemaking;
       (2) specifies that the determination will expire 30 days 
     after the Secretary concerned finds that the determination is 
     no longer justified; and
       (3) requires an accounting of all end items, components, or 
     specialty metals that do not comply with the requirement in 
     section 2533b(a) of such title.
       (b) Single Contract Waivers.--In making a domestic non-
     availability determination pursuant to 2533b(b) of such title 
     that applies to a single prime contract of the Department of 
     Defense, the Secretary concerned shall ensure, after making 
     the determination, that--
       (1) the information used as justification in making the 
     determination is made publicly available to the maximum 
     extent practicable; and
       (2) the contracting officer for the contract concerned 
     receives an accounting of all end items, components, or 
     specialty metals that do not comply with the requirement in 
     section 2533b (a) of such title.
       (c) Specialty Metal Defined.--In this section, the term 
     ``specialty metal'' has the meaning provided in section 
     2533b(I) of title 10, United States Code.
       (d) Effective Date.--This section shall be effective as of 
     February 1, 2007.

     SEC. 847. MULTIPLE COST THRESHOLD BREACHES.

       (a) Evaluation of Cost Threshold Breaches.--Within 30 days 
     following the end of a fiscal year, each component of the 
     Department of Defense shall evaluate, for the preceding 
     fiscal year--
       (1) the number of acquisition programs within the component 
     that experienced significant and critical cost threshold 
     breaches, as defined in section 2433 of title 10, United 
     States Code; and
       (2) the number of technology development programs within 
     the component that, prior to a Milestone B decision, required 
     recertification by the Joint Requirements Oversight Council.
       (b) Identification and Report on Systemic Deficiencies.--
     Within 90 days following the end of a fiscal year, each 
     component of the Department of Defense that has identified 
     more than two such programs under subsection (a), shall 
     identify systemic deficiencies in its acquisition policies or 
     practices that may have contributed to the cost growth in 
     such programs and provide a report to the Secretary of 
     Defense outlining corrective actions to be taken.
       (c) Assessment of Corrective Actions.--Within 120 days 
     following the end of a fiscal year, the Secretary of Defense 
     shall provide an assessment of the adequacy of such 
     corrective actions, along with the details of the 
     deficiencies leading to such cost growth, to the 
     congressional defense committees.
       (d) Definition of Component.--In this section, the term 
     ``component'' means a military department, a combatant 
     command, a Defense Agency, and any part of the Office of the 
     Secretary of Defense that manages a major defense acquisition 
     program.

     SEC. 848. PHONE CARDS.

       (a) Competitive Procedures Required.--When the Secretary of 
     Defense considers it necessary to provide morale, welfare, 
     and recreation telephone services for military personnel 
     serving in combat zones, he shall use competitive procedures 
     when entering into a contract to provide those services. In 
     evaluating contract proposals for such services, the 
     Secretary shall require bid proposals to include options that 
     minimize the cost of the phone services to individual users 
     while providing individual users the flexibility of using 
     phone cards from other than the bidding entity.
       (b) Effective Date.--This section shall apply to any new 
     contract to provide morale welfare and recreation phone 
     services in a combat theater that is entered into after the 
     date of enactment of this Act. With regard to the extension 
     of

[[Page 12784]]

     any contract to provide such services that is in existence on 
     such date of enactment, the Secretary shall examine with the 
     contractor whether it is possible to further reduce the cost 
     of the services to the soldier by allowing the use of phone 
     cards other than the contractor's. The Secretary shall submit 
     the results of his review to the Committees on Armed Services 
     of the Senate and the House of Representatives.

     SEC. 849. JURISDICTION UNDER CONTRACT DISPUTES ACT OF 1978 
                   OVER CLAIMS, DISPUTES, AND APPEALS ARISING OUT 
                   OF MARITIME CONTRACTS.

       Section 4 of the Contract Disputes Act of 1978 (41 U.S.C. 
     603) is amended by striking ``of maritime contracts,'' and 
     all that follows through the end of the section and inserting 
     ``of maritime contracts, shall be governed exclusively by 
     this Act.''

     SEC. 850. CLARIFICATION OF JURISDICTION OF THE UNITED STATES 
                   DISTRICT COURTS TO HEAR BID PROTEST DISPUTES 
                   INVOLVING MARITIME CONTRACTS.

       Section 1491 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(d) Jurisdiction over any actions described under 
     subsection (b)(1) of this section arising out of a maritime 
     contract (as that term is used in the Contract Disputes Act 
     of 1978 (41 U.S.C. 601 et seq.)) or a proposed maritime 
     contract shall be governed by this section, and shall not be 
     subject to the jurisdiction of the district courts of the 
     United States under chapter 309 of title 46, popularly known 
     as the Suits in Admiralty Act, or chapter 311 of title 46, 
     popularly known as the Public Vessels Act.''.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Additional requirements relating to limitation on major 
              Department of Defense headquarters activities personnel.
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. Revisions in functions and activities of special operations 
              command.
Sec. 905. Redesignation of the Department of the Navy as the Department 
              of the Navy and Marine Corps.
Sec. 906. Management system of the Department of Defense.
Sec. 907. Acquisition parity for Special Operations Command.
Sec. 908. Department of Defense Board of Actuaries.

                      Subtitle B--Space Activities

Sec. 911. Space protection policy and strategy.
Sec. 912. Biennial report on management of space cadre within the 
              Department of Defense.

             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.

                Subtitle D--Intelligence-Related Matters

Sec. 931. Reports on foreign language proficiency.
Sec. 932. 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. Analysis and organization of roles and missions of Department 
              of Defense.
Sec. 942. Identification of core competencies of the military 
              departments and other entities within the Department of 
              Defense.
Sec. 943. Review of capabilities of the military departments and other 
              entities.
Sec. 944. Joint Requirements Oversight Council additional duties 
              relating to core mission areas.
Sec. 945. Requirement for certification of major systems prior to 
              technology development.
Sec. 946. Presentation of future-years mission budget by core mission 
              area.
Sec. 947. Future capability planning by Joint Requirements Oversight 
              Council.

                       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. Study of national security interagency system.

              Subtitle A--Department of Defense Management

     SEC. 901. ADDITIONAL REQUIREMENTS RELATING TO LIMITATION ON 
                   MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS 
                   ACTIVITIES PERSONNEL.

       Section 130a of title 10, United States Code, is amended--
       (1) in subsection (c)(2), by striking ``may not be changed 
     except as provided by law.'' and inserting ``may be changed 
     only if the Secretary of Defense submits proposed changes to 
     Congress with the defense budget materials. Any such 
     submitted changes shall take effect on the January 1 
     following the submission.''; and
       (2) by adding at the end the following new subsections:
       ``(e) Flexibility in Order to Achieve Cost Savings or 
     Eliminate Contracts Associated With Inherently Governmental 
     Functions.--(1) If the Secretary of a military department or 
     the commander of a combatant command certifies to the 
     Secretary of Defense that a waiver of the limitation in 
     subsection (a) or a reallocation among the military 
     departments or combatant commands of the number of personnel 
     permissible under subsection (a) either is expected to result 
     in a cost savings or is necessary to eliminate a contract 
     associated with an inherently governmental function 
     (including cost savings or the elimination of a contract 
     resulting from guidelines and procedures prescribed pursuant 
     to section 343 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163)), the Secretary of 
     Defense shall waive such limitation or make such reallocation 
     to the extent necessary to achieve the cost savings or to 
     eliminate the contract.
       ``(2) The Secretary of Defense shall include a report, with 
     the defense budget materials for a fiscal year, outlining the 
     uses of the waiver or reallocation authority provided in 
     paragraph (1) during the preceding fiscal year, including the 
     number of times the waiver or reallocation authority was 
     used, the purposes for which it was used, expected cost 
     savings, if any, and the number of personnel affected.
       ``(f) Defense Budget Materials.--In this section, 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(a) 
     of title 31.''.

     SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEPUTY CHIEFS 
                   AND ASSISTANT CHIEFS.

       (a) Army.--Section 3035(b) of title 10, United States Code, 
     is amended to read as follows:
       ``(b) The Secretary of the Army shall prescribe the number 
     of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for 
     a total of not more than eight positions.''.
       (b) Navy.--
       (1) Deputy chiefs of naval operations.--Section 5036(a) of 
     title 10, United States Code, is amended--
       (A) by striking ``There are in the Office of the Chief of 
     Naval Operations not more than five Deputy Chiefs of Naval 
     Operations,'' and inserting ``There are Deputy Chiefs of 
     Naval Operations in the Office of the Chief of Naval 
     Operations,'' ; and
       (B) by adding at the end the following: ``The Secretary of 
     the Navy shall prescribe the number of Deputy Chiefs of Naval 
     Operations under this section and Assistant Chiefs of Naval 
     Operations under section 5037 of this title, for a total of 
     not more than eight positions.''.
       (2) Assistant chiefs of naval operations.--Section 5037(a) 
     of such title is amended--
       (A) by striking ``There are in the Office of the Chief of 
     Naval Operations not more than three Assistant Chiefs of 
     Naval Operations,'' and inserting ``There are Assistant 
     Chiefs of Naval Operations in the Office of the Chief of 
     Naval Operations,''; and
       (B) by adding at the end the following: ``The Secretary of 
     the Navy shall prescribe the number of Assistant Chiefs of 
     Naval Operations in accordance with section 5036(a) of this 
     title.''.
       (c) Air Force.--Section 8035(b) of title 10, United States 
     Code, is amended to read as follows:
       ``(b) The Secretary of the Air Force shall prescribe the 
     number of Deputy Chiefs of Staff and Assistant Chiefs of 
     Staff, for a total of not more than eight positions.''.

     SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT 
                   TO DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS.

       (a) Secretary of Defense.--Section 113(a) of title 10, 
     United States Code, is amended by striking ``10'' and 
     inserting ``five''.
       (b) Deputy Secretary of Defense.--Section 132(a) of such 
     title is amended by striking ``ten'' and inserting ``five''.
       (c) Under Secretary of Defense for Policy.--Section 134(a) 
     of such title is amended by striking ``10'' and inserting 
     ``five''.

     SEC. 904. REVISIONS IN FUNCTIONS AND ACTIVITIES OF SPECIAL 
                   OPERATIONS COMMAND.

       (a) Additional Principal Function.--Section 167(a) of title 
     10, United States Code, is amended--
       (1) by inserting ``(1)'' before ``With the advice''; and
       (2) by striking the sentence beginning with ``The principal 
     function'' and inserting the following new paragraph:
       ``(2) The principal functions of the command are--
       ``(A) to prepare special operations forces to carry out 
     assigned missions; and
       ``(B) if directed by the President or the Secretary of 
     Defense, to plan, synchronize, and carry out global missions 
     against terrorists.''.
       (b) Report Requirements.--
       (1) Report on unconventional warfare.--Not later than March 
     1, 2008, the Secretary of Defense shall submit to the 
     congressional defense committees a report containing a plan 
     to meet the future requirements of unconventional warfare.
       (2) Annual report on personnel management.--Not later than 
     March 1, 2008, and not later than September 1 each year 
     thereafter, the

[[Page 12785]]

     Secretary of Defense shall submit to the congressional 
     defense committees a report on the adequacy of Department of 
     Defense personnel management programs to meet the needs of 
     the special operations command.
       (c) Additional Special Operations Activities.--Subsection 
     (j) of section 167 of such title is amended to read as 
     follows:
       ``(j) Special Operations Activities.--For purposes of this 
     section, special operations activities include each of the 
     following insofar as it relates to special operations:
       ``(1) Unconventional warfare.
       ``(2) Counterterrorism.
       ``(3) Counterinsurgency.
       ``(4) Counterproliferation of weapons of mass destruction.
       ``(5) Direct action.
       ``(6) Strategic reconnaissance.
       ``(7) Foreign internal defense.
       ``(8) Civil-military operations.
       ``(9) Psychological and information operations.
       ``(10) Humanitarian assistance.
       ``(11) Theater search and rescue.
       ``(12) Such other activities as may be specified by the 
     President or the Secretary of Defense.''.

     SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE 
                   DEPARTMENT OF THE NAVY AND MARINE CORPS.

       (a) Redesignation of Military Department.--The military 
     department designated as the Department of the Navy is 
     redesignated as the Department of the Navy and Marine Corps.
       (b) Redesignation of Secretary and Other Statutory 
     Offices.--
       (1) Secretary.--The position of the Secretary of the Navy 
     is redesignated as the Secretary of the Navy and Marine 
     Corps.
       (2) Other statutory offices.--The positions of the Under 
     Secretary of the Navy, the four Assistant Secretaries of the 
     Navy, and the General Counsel of the Department of the Navy 
     are redesignated as the Under Secretary of the Navy and 
     Marine Corps, the Assistant Secretaries of the Navy and 
     Marine Corps, and the General Counsel of the Department of 
     the Navy and Marine Corps, respectively.
       (c) Conforming Amendments to Title 10, United States 
     Code.--
       (1) Definition of ``military department''.--Paragraph (8) 
     of section 101(a) of title 10, United States Code, is amended 
     to read as follows:
       ``(8) The term `military department' means the Department 
     of the Army, the Department of the Navy and Marine Corps, and 
     the Department of the Air Force.''.
       (2) Organization of department.--The text of section 5011 
     of such title is amended to read as follows: ``The Department 
     of the Navy and Marine Corps is separately organized under 
     the Secretary of the Navy and Marine Corps.''.
       (3) Position of secretary.--Section 5013(a)(1) of such 
     title is amended by striking ``There is a Secretary of the 
     Navy'' and inserting ``There is a Secretary of the Navy and 
     Marine Corps''.
       (4) Chapter headings.--
       (A) The heading of chapter 503 of such title is amended to 
     read as follows:

       ``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

       (B) The heading of chapter 507 of such title is amended to 
     read as follows:

  ``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE 
                                CORPS''.

       (5) Other amendments.--
       (A) Title 10, United States Code, is amended by striking 
     ``Department of the Navy'' and ``Secretary of the Navy'' each 
     place they appear other than as specified in paragraphs (1), 
     (2), (3), and (4) (including in section headings, subsection 
     captions, tables of chapters, and tables of sections) and 
     inserting ``Department of the Navy and Marine Corps'' and 
     ``Secretary of the Navy and Marine Corps'', respectively, in 
     each case with the matter inserted to be in the same typeface 
     and typestyle as the matter stricken.
       (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2), 
     5032(a), and 5042(a) of such title are amended by striking 
     ``Assistant Secretaries of the Navy'' and inserting 
     ``Assistant Secretaries of the Navy and Marine Corps''.
       (ii) The heading of section 5016 of such title, and the 
     item relating to such section in the table of sections at the 
     beginning of chapter 503 of such title, are each amended by 
     inserting ``and Marine Corps'' after ``of the Navy'', with 
     the matter inserted in each case to be in the same typeface 
     and typestyle as the matter amended.
       (d) Title 37, United States Code.--Title 37, United States 
     Code, is amended by striking ``Department of the Navy'' and 
     ``Secretary of the Navy'' each place they appear and 
     inserting ``Department of the Navy and Marine Corps'' and 
     ``Secretary of the Navy and Marine Corps'', respectively.
       (e) Other References.--Any reference in any law other than 
     in title 10 or title 37, United States Code, or in any 
     regulation, document, record, or other paper of the United 
     States, to the Department of the Navy shall be considered to 
     be a reference to the Department of the Navy and Marine 
     Corps. Any such reference to an office specified in 
     subsection (b)(2) shall be considered to be a reference to 
     that office as redesignated by that subsection.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first month beginning more than 60 days after the date of the 
     enactment of this Act.

     SEC. 906. MANAGEMENT SYSTEM OF THE DEPARTMENT OF DEFENSE.

       (a) Duties Relating to Management of the Department of 
     Defense.--The Secretary of Defense shall assign duties 
     relating to strategic level oversight of all significant 
     management issues of the Department of Defense to a senior 
     official of a rank not lower than an Under Secretary of 
     Defense.
       (b) Management System.--The Secretary of Defense shall 
     adopt a management structure for the Department of Defense, 
     including business support areas, which shall define roles, 
     processes, and accountability for achieving the essential 
     management goals of the Department of Defense
       (c) Essential Management Goals.--The Secretary of Defense 
     shall establish essential management goals of the Department 
     of Defense, including at a minimum, the following:
       (1) A comprehensive business transformation plan, with 
     measurable performance goals and objectives, to achieve an 
     integrated management system for business support areas of 
     the Department of Defense.
       (2) A well-defined enterprise-wide business systems 
     architecture capable of providing accurate and timely 
     information in support of major investment decisions.
       (3) Financial statements for all elements of the Department 
     of Defense that receive clean audit opinions during 
     independent financial audits.
       (d) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall provide 
     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 this section. Matters covered 
     in the report shall include the following:
       (1) The assignment of duties relating to management as 
     required by subsection (a).
       (2) Progress toward implementing a management structure for 
     the Department of Defense as required by subsection (b).
       (3) A description of the essential management goals of the 
     Department of Defense established pursuant to subsection (c).
       (4) A description of Department of Defense efforts to 
     achieve its essential management goals as described pursuant 
     to paragraph (3).

     SEC. 907. ACQUISITION PARITY FOR SPECIAL OPERATIONS COMMAND.

       (a) Revision in Guidance Regarding Exercise of Acquisition 
     Authority by Commanders of Combatant Commands.--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'' .
       (b) Revision in Consultation Requirement.--Section 905(c) 
     of such Act is amended by striking ``and the heads of Defense 
     agencies referred to in that subsection'' and inserting the 
     following: ``, and ensure that the use of the acquisition 
     authority by the heads of Defense Agencies referred to in 
     that subsection is mutually supportive of acquisition 
     programs of the military departments''.

     SEC. 908. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES.

       (a) Establishment.--There is established in the Department 
     of Defense a Department of Defense Board of Actuaries 
     (hereinafter in this section referred to as the ``Board'').
       (b) Membership.--
       (1) In general.--The Board shall consist of three members 
     who shall be appointed by the President from among qualified 
     professional actuaries who are members of the Society of 
     Actuaries.
       (2) Terms.--(A) Except as provided in subparagraph (B), 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 his 
     predecessor was appointed shall serve only until the end of 
     such term. A member may serve after the end of his term until 
     his successor has taken office. A member of the Board may be 
     removed by the President.
       (B) The three current members of the Department of Defense 
     Retirement Board of Actuaries and the Department of Defense 
     Education Benefits Board of Actuaries shall serve the 
     remainder of their existing terms as members of the Board 
     pursuant to subparagraph (A).
       (C) A member of the Board who is not otherwise 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, United 
     States Code, for each day the member is engaged in the 
     performance of duties vested in the Board and is entitled to 
     travel expenses, including a per diem allowance, in 
     accordance with section 5703 of title 5.
       (c) Report.--The Board shall report to the Secretary of 
     Defense annually on the actuarial status of the Department of 
     Defense Military Retirement Fund established by section 1461 
     of title 10, United States Code, and the Department of 
     Defense Education Benefits Fund established by section 2006 
     of title 10, and shall furnish its advice and opinion on 
     matters referred to it by the Secretary.
       (d) Records.--The Secretary shall keep, or cause to be 
     kept, such records as necessary for determining the actuarial 
     status of the Funds.
       (e) DOD Education Benefits Fund.--The Board shall review 
     valuations of the Department of Defense Education Benefits 
     Fund under section 2006(f) of title 10, United States Code, 
     and shall recommend to the President and thereafter to 
     Congress such changes as in the Board's judgment are 
     appropriate and necessary to protect the public interest and 
     maintain the Department of Defense Education Benefits Fund on 
     a sound actuarial basis.

[[Page 12786]]

       (f) DOD Military Retirement Fund.--The Board shall review 
     valuations of the Department of Defense Military Retirement 
     Fund under section 1465(c) of title 10, United States Code, 
     and shall report periodically, not less than once every four 
     years, to the President and thereafter to Congress on the 
     status of the Department of Defense Military Retirement Fund. 
     The Board shall include in such report recommendations for 
     such changes as in the Board's judgment are appropriate and 
     necessary to protect the public interest and maintain the 
     Department of Defense Military Retirement Fund on a sound 
     actuarial basis.
       (g) Repeal of Superseded Provisions.--(1) Section 1464 of 
     title 10, United States Code, is repealed.
       (2) Section 2006 of title 10 is amended by striking 
     subsection (e).
       (h) Conforming Amendments.--
       (1) The table of sections at the beginning of chapter 74 of 
     title 10, United States Code, is amended by striking the item 
     relating to section 1464.
       (2) Section 1175(h)(4) of such title is amended by striking 
     ``Retirement'' the first place it appears.
       (3) Section 1460(b) of such title is amended by striking 
     ``Retirement''.
       (4) Section 1466(c)(3) of such title is amended by striking 
     ``Retirement''.
       (5) 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''.

                      Subtitle B--Space Activities

     SEC. 911. SPACE PROTECTION POLICY AND STRATEGY.

       (a) Policy.--It is the policy of the United States that the 
     Secretary of Defense accord, after the date of the enactment 
     of this Act, a greater priority within the Nation's space 
     programs to the protection of national security space systems 
     than the Secretary has accorded before the date of the 
     enactment of this Act.
       (b) Strategy.--The Secretary of Defense shall develop a 
     strategy, to be known as the Space Protection Strategy, for 
     the development and fielding by the United States of the 
     space 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 systems currently contained in the 
     program of record of the Department of Defense that provide 
     space capabilities.
       (3) For each period covered by the strategy, a description 
     of the space capabilities that are needed for the period, and 
     the space capabilities that are desired 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 space capabilities 
     that are needed for the period (and the space capabilities 
     that are desired for the period) and the space capabilities 
     currently contained in the program of record.
       (5) For each period covered by the strategy, a 
     comprehensive plan for investment in space capabilities that 
     identifies specific program and technology investments to be 
     made in that period.
       (6) A description of the current processes by which the 
     requirements of the Department of Defense for space systems 
     protection 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 for addressing any inadequacies in those 
     processes.
       (7) A description of the current processes by which the 
     Department of Defense program and budget for space systems 
     protection 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 for addressing any inadequacies in those 
     processes.
       (8) A description of the organizational and management 
     structure of the Department of Defense for addressing policy, 
     planning, acquisition, and operations with respect to space 
     capabilities, a description of the roles and responsibilities 
     of each organization, and an identification of the actions of 
     the Department for addressing any inadequacies in that 
     structure.
       (d) Periods Covered.--The strategy required by subsection 
     (b) shall cover the following periods:
       (1) Fiscal years 2008 through 2013.
       (2) Fiscal years 2014 through 2019.
       (3) Fiscal years 2020 through 2025.
       (e) Space Capabilities Defined.--In this section, the term 
     ``space capabilities'' means capabilities, consistent with 
     international law and treaties, for space situational 
     awareness and for space systems protection.
       (f) Report; Biennial Update.--
       (1) Report.--Not later than March 15, 2008, the Secretary 
     of Defense shall submit to the congressional defense 
     committees 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 shall submit to the 
     committees referred to in paragraph (1) 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, categorized by rationale provided 
     for discontinuing service;
       ``(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.''.

             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

[[Page 12787]]

     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''), originally required that destruction of the 
     entire United States chemical weapons stockpile be completed 
     by April 29, 2007, and then subsequently extended five years 
     to April 29, 2012.
       (2) Destroying existing chemical weapons is a homeland 
     security imperative and an arms control priority and is 
     required by United States law.
       (3) The program met its one percent and 20 percent 
     destruction deadlines early, and is working towards its 45 
     percent destruction milestone date of December 31, 2007, as 
     extended.
       (4) The mission of the Assembled Chemical Weapons 
     Alternatives (ACWA) program, established in the Department of 
     Defense by Congress in 1997, is to safely destroy the 
     chemical weapons stockpiles located at Pueblo Chemical Depot, 
     Colorado, and Blue Grass Army Depot, Kentucky, through the 
     demonstration of systems employing alternative technologies 
     to the incineration process.
       (5) Current ACWA plans call for the use of neutralization 
     followed by on-site biotreatment of aqueous secondary wastes 
     to destroy the Pueblo stockpile, and the use of 
     neutralization followed by on-site supercritical water 
     oxidation treatment of aqueous secondary wastes to destroy 
     the Blue Grass stockpile.
       (6) Affected communities in Colorado and Kentucky, 
     represented respectively by the Colorado Chemical 
     Demilitarization Citizens' Advisory Commission (CO CAC) and 
     the Chemical Destruction Community Advisory Board (CDCAB), 
     have made clear their preference for on-site treatment of 
     aqueous secondary wastes over off-site treatment.
       (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.
       (b) Sense of Congress.--It is the sense of Congress the 
     Department of Defense should--
       (1) continue with its plan for on-site disposal of the 
     ACWA-managed stockpiles located at Pueblo Chemical Depot, 
     Colorado, and Blue Grass Army Depot, Kentucky; and
       (2) ensure that extensive consultation and notification 
     processes exist between representatives of the Department of 
     Defense and representatives of the relevant States and local 
     communities.

                Subtitle D--Intelligence-Related Matters

     SEC. 931. REPORTS ON FOREIGN LANGUAGE PROFICIENCY.

       (a) In General.--
       (1) Foreign language proficiency reports.--Chapter 23 of 
     title 10, United States Code, as amended by this Act, is 
     further amended by adding at the end the following new 
     section:

     ``Sec. 491. Foreign language proficiency: annual reports

       ``(a) In General.--The Secretary of each military 
     department shall annually submit to the Secretary of Defense 
     a report on the foreign language proficiency of the personnel 
     of the military department concerned.
       ``(b) Contents.--Each report submitted under subsection (a) 
     shall include, for each foreign language and, where 
     appropriate, dialect of a foreign language--
       ``(1) the number of positions of the military department 
     concerned that require proficiency in the foreign language or 
     dialect;
       ``(2) the number of personnel of the military department 
     that are serving in a position that--
       ``(A) requires proficiency in the foreign language or 
     dialect to perform the primary duty of the position; and
       ``(B) does not require proficiency in the foreign language 
     or dialect to perform the primary duty of the position;
       ``(3) the number of personnel that are proficient in the 
     foreign language or dialect that--
       ``(A) are authorized for the military department for which 
     the report is submitted; and
       ``(B) the Secretary of the military department concerned 
     considers necessary for the military department concerned for 
     each of the five years following the date of the submission 
     of the report;
       ``(4) the number of personnel of the military department 
     concerned rated at each level of proficiency of the 
     Interagency Language Roundtable;
       ``(5) whether the number of personnel at each level of 
     proficiency of the Interagency Language Roundtable meets the 
     requirements of the military department concerned;
       ``(6) the number of personnel serving or hired to serve as 
     linguists for the military department concerned that are not 
     qualified as linguists under the standards of the Interagency 
     Language Roundtable;
       ``(7) the number of personnel hired to serve as linguists 
     for the military department concerned during the preceding 
     calendar year;
       ``(8) the number of personnel serving as linguists that 
     discontinued serving the military department concerned during 
     the preceding calendar year;
       ``(9) the percentage of work requiring linguistic skills 
     that is fulfilled by an ally of the United States;
       ``(10) the percentage of work requiring linguistic skills 
     that is fulfilled by contractors; and
       ``(11) the percentage of work requiring linguistic skills 
     that is fulfilled by personnel of the intelligence community 
     (as such term is defined in section 3(4) of the National 
     Security Act of 1947 (50 U.S.C. 401a(4))) that are not 
     members of the armed forces on active duty assigned to the 
     military department for which the report is submitted.
       ``(c) Secretary of Defense Report to Congress.--The 
     Secretary of Defense shall annually submit to the 
     congressional defense committees a report containing--
       ``(1) each report submitted to the Secretary of Defense for 
     a year under subsection (a);
       ``(2) for each foreign language and, where appropriate, 
     dialect of a foreign language--
       ``(A) the number of positions of the Department of Defense 
     that are not under the jurisdiction of the Secretary of a 
     military department that require proficiency in the foreign 
     language or dialect;
       ``(B) the number of personnel of the Department of Defense 
     that are not under the jurisdiction of the Secretary of a 
     military department that are serving in a position that--
       ``(i) requires proficiency in the foreign language or 
     dialect to perform the primary duty of the position; and
       ``(ii) does not require proficiency in the foreign language 
     or dialect to perform the primary duty of the position;
       ``(C) the number of personnel of the Department of Defense 
     that are not under the jurisdiction of the Secretary of a 
     military department that are proficient in the foreign 
     language or dialect that--
       ``(i) are authorized for the Department of Defense, but not 
     under the jurisdiction of the Secretary of a military 
     department; and
       ``(ii) the Secretary of Defense considers necessary for the 
     Department of Defense (excluding personnel under the 
     jurisdiction of the Secretary of a military department) for 
     each of the five years following the date of the submission 
     of the report;
       ``(D) the number of personnel of the Department of Defense 
     that are not under the jurisdiction of the Secretary of a 
     military department rated at each level of proficiency of the 
     Interagency Language Roundtable;
       ``(E) whether the number of personnel at each level of 
     proficiency of the Interagency Language Roundtable meets the 
     requirements of the Department of Defense;
       ``(F) the number of personnel serving or hired to serve as 
     linguists for the Department of Defense that are not under 
     the jurisdiction of the Secretary of a military department 
     that are not qualified as linguists under the standards of 
     the Interagency Language Roundtable;
       ``(G) the number of personnel hired during the preceding 
     calendar year to serve as linguists for the Department of 
     Defense that are not under the jurisdiction of the Secretary 
     of a military department;
       ``(H) the number of personnel not under the jurisdiction of 
     the Secretary of a military department serving as linguists 
     that discontinued serving the Department of Defense during 
     the preceding calendar year;
       ``(I) the percentage of work requiring linguistic skills 
     that is fulfilled by an ally of the United States;
       ``(J) the percentage of work requiring linguistic skills 
     that is fulfilled by contractors; and
       ``(K) the percentage of work requiring linguistic skills 
     that is fulfilled by personnel of the intelligence community 
     (as such term is defined in section 3(4) of the National 
     Security Act of 1947 (50 U.S.C. 401a(4))) that are not 
     members of the armed forces on active duty assigned to the 
     military department for which the report is submitted; and
       ``(3) an assessment of the foreign language capacity and 
     capabilities of the Department of Defense as a whole.
       ``(d) Non-Military Personnel.--
       ``(1) Secretary of military department reports.--Except as 
     provided in subsection (a)(11), a report submitted under 
     subsection (a) shall cover only members of the armed forces 
     on active duty assigned to the military department concerned.
       ``(2) Secretary of defense reports.--Except as provided in 
     subsection (c)(2)(K), a report submitted under subsection (c) 
     shall cover only members of the armed forces on active duty 
     assigned to the Department of Defense.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``491. Foreign language proficiency: annual reports.''.


[[Page 12788]]


       (b) Effective Date.--
       (1) Initial report by secretary of each military 
     department.--The first report required to be submitted by the 
     Secretary of each military department under section 491(a) of 
     title 10, United States Code, as added by subsection (a), 
     shall be submitted not later than 180 days after the date of 
     the enactment of this Act.
       (2) Initial report by secretary of defense.--The first 
     report required to be submitted by the Secretary of Defense 
     under section 491(c) of title 10, United States Code, as 
     added by subsection (a), shall be submitted not later than 
     240 days after the date of the enactment of this Act.

     SEC. 932. 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. ANALYSIS AND ORGANIZATION OF ROLES AND MISSIONS OF 
                   DEPARTMENT OF DEFENSE.

       (a) Requirement for Quadrennial Roles and Missions 
     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.--(1) 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 Department of Defense. Each such 
     quadrennial roles and missions review shall be conducted in 
     consultation with the Chairman of the Joint Chiefs of Staff.
       ``(b) Conduct of Review.--Each quadrennial roles and 
     missions review shall be conducted so as--
       ``(1) to organize the significant missions of the 
     Department of Defense into core mission areas that cover 
     broad areas of military activity, such as dominance of 
     ground, air, maritime, and space environments; expeditionary 
     warfare; mobility; homeland defense; and cyberoperations; and
       ``(2) to ensure that the core mission areas are defined so 
     that the areas are mutually supportive but with as little 
     overlap in functions as is necessary.
       ``(c) Submission to Congressional Committees.--(1) The 
     Secretary shall submit a report on each quadrennial roles and 
     missions review to the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives.
       ``(2) 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.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 118a the following new item:

``118b. Quadrennial roles and missions review.''.

       (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) Deadline for First Roles and Missions Review.--The 
     first roles and missions review under section 118b of title 
     10, United States Code, as added by subsection (a), shall be 
     performed and completed during 2008.

     SEC. 942. IDENTIFICATION OF CORE COMPETENCIES OF THE MILITARY 
                   DEPARTMENTS AND OTHER ENTITIES WITHIN THE 
                   DEPARTMENT OF DEFENSE.

       (a) In General.--
       (1) Requirement.--Chapter 3 of title 10, United States 
     Code, is amended by inserting after section 125 the following 
     new section:

     ``Sec. 125a. Core competencies

       ``(a) Requirement to Identify Core Competencies.--The 
     Secretary of Defense, in consultation with the Chairman of 
     the Joint Chiefs of Staff and the Secretaries of the military 
     departments, shall identify core competencies for each of the 
     following:
       ``(1) Each military department.
       ``(2) The Office of the Secretary of Defense.
       ``(3) Each Defense Agency.
       ``(4) Each Department of Defense Field Activity.
       ``(5) Each combatant command with acquisition authority.
       ``(b) Basis of Competencies.--In identifying the core 
     competencies of an entity listed in subsection (a), the 
     Secretary of Defense shall--
       ``(1) ensure that each core competency is clearly 
     associated with a core mission area of the Department of 
     Defense (as identified pursuant to the quadrennial roles and 
     missions review under section 118b of this title); and
       ``(2) base such identification on the ability of an entity 
     to provide doctrinal, organizational, training, materiel, 
     leadership, personnel, and facilities solutions to meet 
     requirements within a core mission area of the Department of 
     Defense.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``125a. Core competencies.''.

       (b) Report on Core Competencies.--The Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the core 
     competencies identified under section 125a of title 10, 
     United States Code, as added by subsection (a), not later 
     than the date on which the budget for fiscal year 2009 is 
     submitted to Congress by the President under section 1105(a) 
     of title 31, United States Code.

     SEC. 943. REVIEW OF CAPABILITIES OF THE MILITARY DEPARTMENTS 
                   AND OTHER ENTITIES.

       (a) Review Required.--The Secretary of Defense shall 
     conduct a review of the capabilities that each of the 
     following entities is performing or developing:
       (1) Each military department.
       (2) The Office of the Secretary of Defense.
       (3) Each Defense Agency.
       (4) Each Department of Defense Field Activity.
       (5) Each combatant command with acquisition authority.
       (b) Matters Covered.--In conducting the review, the 
     Secretary of Defense--
       (1) shall determine whether any such capabilities are 
     outside the entity's core competencies (as identified under 
     section 125a of this title) or outside a core mission area of 
     the Department of Defense (as identified pursuant to the 
     quadrennial roles and missions review under section 118b of 
     this title);
       (2) shall determine whether any core competencies required 
     to effectively perform the core mission areas of the 
     Department of Defense are not being performed or developed in 
     any entity listed in subsection (a); and
       (3) shall determine whether there is any duplication of a 
     capability within a core mission area, and provide a 
     justification for such duplication.
       (c) Report to Congress; Limitation.--Not later than June 1, 
     2009, the Secretary shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the review. No new major defense acquisition 
     programs may be started in the Department of Defense after 
     June 1, 2009, until the report has been submitted to such 
     committees.

     SEC. 944. JOINT REQUIREMENTS OVERSIGHT COUNCIL ADDITIONAL 
                   DUTIES RELATING TO CORE MISSION AREAS.

       (a) Revisions in Mission.--
       (1) Revisions.--Subsection (b) of section 181 of title 10, 
     United States Code, is amended to read as follows:
       ``(b) Mission.--In addition to other matters assigned to it 
     by the President or Secretary of Defense, the Joint 
     Requirements Oversight Council shall--
       ``(1) assist the Chairman of the Joint Chiefs of Staff--
       ``(A) in identifying, assessing, and approving joint 
     military requirements (including existing systems and 
     equipment) to meet the national military strategy; and
       ``(B) in identifying the core mission area associated with 
     each such requirement;
       ``(2) assist the Chairman in establishing and assigning 
     priority levels for joint military requirements;
       ``(3) assist the Chairman in estimating the 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 the Chairman in considering alternatives to 
     any acquisition program that has

[[Page 12789]]

     been identified to meet joint military requirements by 
     evaluating the cost, schedule, and performance criteria of 
     each alternative and of the identified program.''.
       (2) Definitions.--Section 181 of such title is amended by 
     adding at the end the following new subsection:
       ``(e) 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.''.
       (b) Additional Members of Joint Requirements Oversight 
     Council.--Section 181(c) of title 10, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (B), (C), (D), and (E) 
     as subparagraphs (D), (E), (F), and (G), respectively; and
       (2) by inserting after subparagraph (A) the following new 
     subparagraphs:
       ``(B) the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics;
       ``(C) the Under Secretary of Defense (Comptroller);''.
       (c) Organization.--Section 181 of such title is amended--
       (1) by redesignating subsections (d) and (e) (as added by 
     subsection (a)) as subsections (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Organization.--The Joint Requirements Oversight 
     Council shall organize its activities according to the core 
     missions areas of the Department of Defense. In any 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) 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 conform to 
     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 conform to such 
     structure.
       (e) Revised Function of Chairman of Joint Chiefs of 
     Staff.--Section 153(a)(4)(F) of title 10, United States Code, 
     is amended by striking ``Assessing military requirements for 
     defense acquisition programs.'' and inserting ``Advising the 
     Secretary on the effective and efficient coordination of all 
     military requirements for defense acquisition programs.''.

     SEC. 945. 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 systems: requirement for Joint 
       Requirements Oversight Council certification

       ``(a) Certification.--Before the start of technology 
     development for a major system, the Joint Requirements 
     Oversight Council shall certify--
       ``(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 125a 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 level of 
     resources estimated by the Joint Requirements Oversight 
     Council for the initial capabilities document identified 
     under paragraph (1).
       ``(b) Notification.--With respect to a major system 
     certified by the Joint Requirements Oversight Council 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 to the Council at the time of the 
     certification by at least 25 percent, the Secretary of the 
     military department concerned, or in the case of Office of 
     the Secretary of Defense, a Defense Agency, or a Department 
     of Defense Field Activity, the Secretary of Defense, shall 
     notify the Joint Requirements Oversight Council. Upon receipt 
     of such notification, the Council shall consider whether to 
     recommend that the program be continued or that the program 
     be terminated.
       `` (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 systems: requirement for Joint Requirements Oversight 
              Council certification.''.

       (b) 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. 946. 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.

     SEC. 947. FUTURE CAPABILITY PLANNING BY JOINT REQUIREMENTS 
                   OVERSIGHT COUNCIL.

       (a) Requirement for Extended Planning Annexes.--Section 181 
     of title 10, United States Code, as amended by this subtitle, 
     is further amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Future Capability Planning.--(1)(A) The Secretary of 
     Defense shall direct the commanders of combatant commands to 
     prepare extended planning annexes to all operational and 
     contingency plans. Each extended planning annex shall--
       ``(i) include the commander's assessment of the 
     capabilities needed to successfully accomplish the missions 
     for which the operational and contingency plans were created;
       ``(ii) use a 15-year planning horizon and take into account 
     expected changes in threats, the geopolitical environment, 
     and doctrine, training, and operational concepts; and
       ``(iii) provide capability assessments for the year in 
     which the annex is submitted and for the 5th, 10th, and 15th 
     years after such year.
       ``(B) The extended planning annexes shall be submitted to 
     the Secretary of Defense and the Chairman of the Joint Chiefs 
     of Staff biannually.
       ``(2) The Joint Requirements Oversight Council shall--
       ``(A) in consultation with the office responsible for 
     program analysis and evaluation within the Office of the 
     Secretary of Defense and the Office of the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics, match--
       ``(i) the capabilities that are expected to be provided by 
     the acquisition programs in existence during the period 
     covered by the most recent extended planning annexes, 
     including classified and compartmentalized programs, and the 
     science and technology programs in existence during that 
     period, with
       ``(ii) capability needs identified in the extended planning 
     annexes prepared under paragraph (1);
       ``(B) in coordination with the commanders of the combatant 
     commands, and within 30 days after submission of the extended 
     planning annexes, identify gaps in capabilities not likely to 
     be closed by existing acquisition programs and science and 
     technology programs described in subparagraph (A)(i), assign 
     priorities for addressing such gaps, and identify areas where 
     such programs are expected to provide capability beyond that 
     which is required; and
       ``(C) develop a plan for the Department of Defense to 
     acquire needed joint capabilities and divest itself of 
     unneeded capabilities, based on the extended planning annexes 
     prepared under paragraph (1).
       ``(3) In this subsection, the term `operational and 
     contingency plans' means plans prepared by a commander of a 
     combatant command to carry out missions assigned to the 
     command under section 164 of this title.''.
       (b) Deadline for First Extended Planning Annexes.--The 
     first extended planning annexes under section 181(f) of title 
     10, United States Code, as added by subsection (a), shall be 
     submitted under that section not later than 90 days after the 
     date of the enactment of this Act.

                       Subtitle F--Other Matters

     SEC. 951. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF 
                   CLIMATE CHANGE ON DEPARTMENT FACILITIES, 
                   CAPABILITIES, AND MISSIONS.

       Section 118 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g) Consideration of Effect of Climate Change on 
     Department Facilities, Capabilities, and Missions.--(1) The 
     first national security strategy and national defense 
     strategy prepared after the date of the enactment of this 
     subsection shall include guidance for military planners--
       ``(A) to assess the risks of projected climate change to 
     current and future missions of the armed forces;
       ``(B) to update defense plans based on these assessments, 
     including working with allies and

[[Page 12790]]

     partners to incorporate climate mitigation strategies, 
     capacity building, and relevant research and development; and
       ``(C) to develop the capabilities needed to reduce future 
     impacts.
       ``(2) The first quadrennial defense review prepared after 
     the date of the enactment of this subsection shall also 
     examine the capabilities of the armed forces to respond to 
     the consequences of climate change, in particular, 
     preparedness for natural disasters from extreme weather 
     events and other missions the armed forces may be asked to 
     support inside the United States and overseas.
       ``(3) For planning purposes to comply with the requirements 
     of this subsection, the Secretary of Defense shall use--
       ``(A) the mid-range projections of the fourth assessment 
     report of the Intergovernmental Panel on Climate Change;
       ``(B) subsequent mid-range consensus climate projections if 
     more recent information is available when the next national 
     security strategy, national defense strategy, or quadrennial 
     defense review, as the case may be, is conducted; and
       ``(C) findings of appropriate and available estimations or 
     studies of the anticipated strategic, social, political, and 
     economic effects of global climate change and the 
     implications of such effects on the national security of the 
     United States.
       ``(4) In this subsection, the term `national security 
     strategy' means the annual national security strategy report 
     of the President under section 108 of the National Security 
     Act of 1947 (50 U.S.C. 404a).''.

     SEC. 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 to improve and 
     reform 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. STUDY OF NATIONAL SECURITY INTERAGENCY SYSTEM.

       (a) Study Required.--The Secretary of Defense may enter 
     into an agreement with an independent, nonprofit, nonpartisan 
     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).
       (c) Submission Date.--The agreement entered into under 
     subsection (a) shall require the organization to submit the 
     report required under subsection (b) not later than 180 days 
     after the date on which the Secretary makes funds 
     appropriated pursuant to section 301(5) available to the 
     organization.
       (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 integrate their 
     policies, capabilities, expertise, and activities to 
     accomplish such missions.
       (e) Funding.--Of the amounts authorized to be appropriated 
     by section 301(5), not more than $4,000,000 shall be 
     available to carry out this section.

                      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.

          Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Limitation on leasing of foreign-built 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.

                          Subtitle D--Reports

Sec. 1031. Extension and modification of report relating to hardened 
              and deeply buried targets.
Sec. 1032. Comptroller General review of the Joint Improvised Explosive 
              Device Defeat Organization.
Sec. 1033. Report on a national joint modeling and simulation 
              development strategy.

                       Subtitle E--Other Matters

Sec. 1041. Enhancement of corrosion control and prevention functions 
              within Department of Defense.

[[Page 12791]]

Sec. 1042. Support by National Guard for national special security 
              events and other critical national security activities.
Sec. 1043. Improved authority to provide rewards for assistance in 
              combating terrorism.
Sec. 1044. Revision of proficiency flying definition.
Sec. 1045. Support for non-Federal development and testing of material 
              for chemical agent defense.
Sec. 1046. Congressional Commission on the Strategic Posture of the 
              United States.
Sec. 1047. Technical and clerical amendments.
Sec. 1048. Repeal of certification requirement.
Sec. 1049. Prohibition on sale by Department of Defense of parts for F-
              14 fighter aircraft.
Sec. 1050. Maintenance of capability for space-based nuclear detection.
Sec. 1051. Additional weapons of mass destruction civil support teams.
Sec. 1052. Sense of Congress regarding need to replace Army M109 155mm 
              self-propelled howitzer.
Sec. 1053. Sense of Congress regarding detainees at Naval Station, 
              Guantanamo Bay, Cuba.
Sec. 1054. Repeal of provisions in section 1076 of Public Law 109-364 
              relating to use of Armed Forces in major public 
              emergencies.

                     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.--The total amount of authorizations that 
     the Secretary may transfer under the authority of this 
     section may not exceed $4,500,000,000.
       (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).
       (e) Prohibition on Transfers From Guard and Reserve 
     Accounts.--Funds authorized in this division for an account 
     of the National Guard or other reserve components of the 
     Armed Forces may not be a source of funds for transfer to a 
     different account other than another account of the National 
     Guard or other reserve component.

     SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 
                   BUDGETS IN FISCAL YEAR 2008.

       (a) Fiscal Year 2008 Limitation.--The total amount 
     contributed by the Secretary of Defense in fiscal year 2008 
     for the common-funded budgets of NATO may be any amount up 
     to, but not in excess of, the amount specified in subsection 
     (b) (rather than the maximum amount that would otherwise be 
     applicable to those contributions under the fiscal year 1998 
     baseline limitation).
       (b) Total Amount.--The amount of the limitation applicable 
     under subsection (a) is the sum of the following:
       (1) The amounts of unexpended balances, as of the end of 
     fiscal year 2007, of funds appropriated for fiscal years 
     before fiscal year 2008 for payments for those budgets.
       (2) The amount specified in subsection (c)(1).
       (3) The amount specified in subsection (c)(2).
       (4) The total amount of the contributions authorized to be 
     made under section 2501.
       (c) Authorized Amounts.--Amounts authorized to be 
     appropriated by titles II and III of this Act are available 
     for contributions for the common-funded budgets of NATO as 
     follows:
       (1) Of the amount provided in section 201(1), $1,031,000 
     for the Civil Budget.
       (2) Of the amount provided in section 301(1), $362,159,000 
     for the Military Budget.
       (d) Definitions.--For purposes of this section:
       (1) Common-funded budgets of nato.--The term ``common-
     funded budgets of NATO'' means the Military Budget, the 
     Security Investment Program, and the Civil Budget of the 
     North Atlantic Treaty Organization (and any successor or 
     additional account or program of NATO).
       (2) Fiscal year 1998 baseline limitation.--The term 
     ``fiscal year 1998 baseline limitation'' means the maximum 
     annual amount of Department of Defense contributions for 
     common-funded budgets of NATO that is set forth as the annual 
     limitation in section 3(2)(C)(ii) of the resolution of the 
     Senate giving the advice and consent of the Senate to the 
     ratification of the Protocols to the North Atlantic Treaty of 
     1949 on the Accession of Poland, Hungary, and the Czech 
     Republic (as defined in section 4(7) of that resolution), 
     approved by the Senate on April 30, 1998.

          Subtitle B--Policy Relating to Vessels and Shipyards

     SEC. 1011. LIMITATION ON LEASING OF FOREIGN-BUILT VESSELS.

       (a) In General.--
       (1) Contracts for leases for more than 24 months.--Chapter 
     141 of title 10, United States Code, is amended by inserting 
     after section 2401a the following new section:

     ``Sec. 2401b. Limitation on lease of foreign-built vessels

       ``(a) Limitation.--The Secretary of a military department 
     may not make a contract for a lease or charter of a vessel 
     for a term of more than 24 months (including all options to 
     renew or extend the contract) if the hull, or a component of 
     the hull and superstructure of the vessel, is constructed in 
     a foreign shipyard.
       ``(b) Presidential Waiver for National Security Interest.--
     (1) The President may authorize exceptions to the limitation 
     in subsection (a) when the President determines that it is in 
     the national security interest of the United States to do so.
       ``(2) The President shall transmit notice to Congress of 
     any such determination, and no contract may be made pursuant 
     to the exception authorized until the end of the 30-day 
     period beginning on the date on which the notice of the 
     determination is received by Congress.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2401a the following new item:

``2401b. Limitation on lease of foreign-built vessels.''.

       (b) Effective Date.--Section 2401b of title 10, United 
     States Code, as added by subsection (a), shall apply with 
     respect to contracts entered into after the date of the 
     enactment of this Act.

     SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE 
                   STRIKE FORCES OF THE UNITED STATES NAVY.

       (a) Integrated Nuclear Power Systems.--It is the policy of 
     the United States to construct the major combatant vessels of 
     the strike forces of the United States Navy, including all 
     new classes of such vessels, with integrated nuclear power 
     systems.
       (b) Requirement to Request Nuclear Vessels.--If a request 
     is submitted to Congress in the budget for a fiscal year for 
     construction of a new class of major combatant vessel for the 
     strike forces of the United States, the request shall be for 
     such a vessel with an integrated nuclear power system, unless 
     the Secretary of Defense submits with the request a 
     notification to Congress that the inclusion of an integrated 
     nuclear power system in such vessel is not in the national 
     interest.
       (c) Definitions.--In this section:
       (1) Major combatant vessels of the strike forces of the 
     united states navy.--The term ``major combatant vessels of 
     the strike forces of the United States Navy'' means the 
     following:
       (A) Submarines.
       (B) Aircraft carriers.
       (C) Cruisers, battleships, or other large surface 
     combatants whose primary mission includes protection of 
     carrier strike groups, expeditionary strike groups, and 
     vessels comprising a sea base.
       (2) Integrated nuclear power system.--The term ``integrated 
     nuclear power system'' means a ship engineering system that 
     uses a naval nuclear reactor as its energy source and 
     generates sufficient electric energy to provide power to the 
     ship's electrical loads, including its combat systems and 
     propulsion motors.
       (3) Budget.--The term ``budget'' means the budget that is 
     submitted to Congress by the President under section 1105(a) 
     of title 31, United States Code.

                  Subtitle C--Counter-Drug Activities

     SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 
                   PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 
                   CONDUCTING COUNTER-TERRORISM ACTIVITIES.

       Section 1022(b) of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note) 
     is amended by striking ``and 2007'' and inserting ``through 
     2008''.

                          Subtitle D--Reports

     SEC. 1031. 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 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 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'';

[[Page 12792]]

       (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. 1032. COMPTROLLER GENERAL REVIEW OF THE JOINT IMPROVISED 
                   EXPLOSIVE DEVICE DEFEAT ORGANIZATION.

       (a) Evaluation Required.--The Comptroller General of the 
     United States shall conduct a review of the Joint Improvised 
     Explosive Device Defeat Organization and its activities.
       (b) Analyses Required.--The review required by subsection 
     (a) shall include an analysis of each of the following:
       (1) The appropriateness and efficacy of the efforts of the 
     Organization to achieve its mission, including strategy, 
     plans, technologies developed, and programs funded.
       (2) The process used by the Organization to select 
     appropriate and effective technologies and other solutions to 
     achieve its mission.
       (3) The ability of the Organization to respond to rapidly 
     changing threats and to anticipate future threats.
       (4) The performance of the Organization in leading, 
     advocating, and coordinating all of the activities of the 
     Department of Defense to defeat improvised explosive devices 
     and an assessment of the Organization's authority to do so.
       (5) The appropriateness of the staff of the Organization, 
     including the number, qualifications, and functions of the 
     personnel of the Organization and the use of contractors in 
     the Organization.
       (6) The efforts of the Organization to target enemy 
     networks and how the Organization is leveraging and 
     coordinating such efforts with the efforts of other elements 
     of the Department, and other elements of the United States 
     Government, that are also targeting enemy networks.
       (7) The feedback from the warfighter with respect to the 
     efforts of the Organization.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the congressional defense committees a report on the 
     results of the review required by subsection (a). The report 
     shall contain a summary of the findings of the review.

     SEC. 1033. REPORT ON A NATIONAL JOINT MODELING AND SIMULATION 
                   DEVELOPMENT STRATEGY.

       (a) Report Required.--The Secretary of Defense shall submit 
     to the congressional defense committees a report that would 
     provide for the development and implementation of a joint 
     modeling and simulation concept to support the full spectrum 
     of Department of Defense modeling and simulation requirements 
     and that outlines a plan that details the Department's 
     modeling and simulation coordination efforts. Such a plan 
     shall--
       (1) identify the unique modeling and simulation 
     capabilities of the components of the Department and the 
     Combatant Commands;
       (2) identify incentives to reduce duplicative modeling and 
     simulation capabilities of the components of the Department 
     and the Combatant Commands and recommend capabilities to be 
     divested where such duplication is not necessary;
       (3) recommend capabilities to be leveraged from within 
     other Federal agencies, national laboratories, State and 
     local governments, academia, private industry, and United 
     States and international standards organizations; and
       (4) be capable of supporting joint training, 
     experimentation, systems acquisition, test and evaluation, 
     assessment, and planning.
       (b) Submission of Report.--Not later than nine months after 
     the date of the enactment of this Act, the Secretary shall 
     submit the report under subsection (a).
       (c) Matters to Be Included.--The report under subsection 
     (a) shall include the following:
       (1) An identification and description of the types of joint 
     training, experimentation, systems acquisition, test and 
     evaluation, assessment, and planning that would be conducted 
     using such a joint capability, together with a description of 
     how such a joint capability would enhance accomplishment of 
     the four priorities as focus of the 2006 Quadrennial Defense 
     Review (QDR) Report of the Secretary of Defense issued on 
     February 6, 2006.
       (2) A discussion of how establishment of such a joint 
     capability would promote modeling and simulation innovation 
     and transformation throughout the Department of Defense to 
     improve operational capabilities and enhance national 
     security.
       (3) A methodology, framework, and options that include 
     consideration of leveraging existing capabilities that would 
     accommodate requirements among all the Armed Forces, 
     including common infrastructure and data.
       (4) A management plan for coordinating between functional 
     and organizational stakeholders, as well as a plan to 
     continuously introduce new modeling and simulation 
     technologies and divest outdated capabilities.
       (5) Options to allow non-defense users to access such a 
     modeling and simulation capability, as appropriate, for 
     homeland security and consequence management for Federal, 
     State, and local requirements.
       (6) Cost estimates and resource requirements to establish 
     and maintain such a strategy, including estimates of costs 
     and resource requirements for the use of government civilian 
     and military, and contract personnel for the performance of 
     management, operational, and logistics activities for such a 
     capability.
       (7) An explanation of the relationship between and among 
     such a capability and the Office of the Secretary of Defense, 
     the Joint Staff, the military departments, commanders of 
     combatant commands, Federal agencies, national laboratories, 
     State and local governments, academia, private industry, 
     United States and international standards organizations, and 
     international partners with responsibility to use modeling 
     and simulation to meet their mission.
       (8) A timeline for the establishment of such a capability 
     and for such a capability to achieve--
       (A) initial operational capability; and
       (B) full operational capability.
       (9) At least two alternative modeling and simulation 
     coordination plans, including a Joint Modeling and Simulation 
     Development Strategy, provided that such plans include the 
     required matters in subsection (a) and subsection (c), 
     excluding subsection (c)(8), and provided that such reports 
     were submitted to the Secretary by a commander of a Unified 
     Combatant Command or Service Chief.

                       Subtitle E--Other Matters

     SEC. 1041. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION 
                   FUNCTIONS WITHIN DEPARTMENT OF DEFENSE.

       (a) Office of Corrosion Policy and Oversight.--(1) 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) 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, and scientific organizations 
     engaged in corrosion prevention, including the National 
     Academy of Sciences.''.
       (c) 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) A justification 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).''.
       (d) Definitions.--Subsection (f) of section 2228 of such 
     title, as redesignated by subsection

[[Page 12793]]

     (b), is amended by adding at the end the following new 
     paragraphs:
       ``(4) The term `budget', with respect to a fiscal year, 
     means the budget for that fiscal year that is submitted to 
     Congress by the President under section 1105(a) of title 31.
       ``(5) The term `defense budget materials', with respect to 
     a fiscal year, means the materials submitted to Congress by 
     the Secretary of Defense in support of the budget for that 
     fiscal year.''.

     SEC. 1042. SUPPORT BY NATIONAL GUARD FOR NATIONAL SPECIAL 
                   SECURITY EVENTS AND OTHER CRITICAL NATIONAL 
                   SECURITY ACTIVITIES.

       (a) In General.--Chapter 1 of title 32, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 116. Defense support of civil authorities

       ``(a) In General.--At the request of a Federal department 
     or agency head in accordance with this section, and when 
     authorized by the Secretary of Defense, the Governor of a 
     State may employ under this title units or members of the 
     National Guard of that State to provide defense support of 
     civil authorities to the requesting Federal department or 
     agency.
       ``(b) Activities Included in Defense Support of Civil 
     Authorities.--Defense support of civil authorities activities 
     authorized by subsection (a) include support provided for 
     national special security events and other activities 
     determined by the Secretary of Defense as being critical to 
     national security, including--
       ``(1) ground reconnaissance activities;
       ``(2) airborne reconnaissance activities;
       ``(3) logistical support;
       ``(4) emergency medical assistance and services;
       ``(5) communications services;
       ``(6) security assistance and services; and
       ``(7) air and ground transportation.
       ``(c) Reimbursement.--(1) Subject to the exceptions in 
     paragraph (3), the costs incurred by the National Guard shall 
     be reimbursed to the Department of Defense from the 
     appropriations available to the Federal department or agency 
     to which the support is provided. The reimbursement shall 
     include the costs of--
       ``(A) the pay, allowances, clothing, subsistence, 
     gratuities, travel, and related expenses of personnel of the 
     National Guard of that State;
       ``(B) the operation and maintenance of the equipment and 
     facilities of the National Guard of that State; and
       ``(C) the procurement of services and equipment, and the 
     leasing of equipment, for the National Guard of that State.
       ``(2) Any funds received by the Department of Defense as 
     reimbursement for support provided by units or members of the 
     National Guard under this section shall be credited, at the 
     option of the Secretary of Defense, to--
       ``(A) the appropriation, fund, or account from which funds 
     were expended for the support; or
       ``(B) the appropriate appropriation, fund, or account 
     currently available for such purpose.
       ``(3) A Federal department or agency to which support is 
     provided under this section is not required to reimburse the 
     Department of Defense for such support if the Secretary of 
     Defense waives reimbursement. The Secretary of Defense may 
     waive the reimbursement requirement under this section if--
       ``(A) the support is provided in the normal course of 
     military training or operations; or
       ``(B) the support provided results in a benefit to units or 
     members of the National Guard providing the support that is 
     substantially equivalent to that which would otherwise be 
     obtained from military operations or training.
       ``(d) Requirements for Requests.--Requests for assistance 
     from Federal departments or agencies under this section shall 
     be submitted to the Secretary of Defense. Any such request 
     shall include the following:
       ``(1) The specific support capability requested.
       ``(2) The duration of the requested support activities.
       ``(3) A certification that the requested support activities 
     will be fully reimbursable.
       ``(4) A certification from the Governor of the State 
     concerned that the requested support will be provided at a 
     time when the personnel involved are not in Federal service.
       ``(e) Characterization of Service.--All duty performed 
     under this section shall be considered to be full-time 
     National Guard duty under section 502(f) of this title.
       ``(f) Duration of Support.--The period for which support 
     may be provided to a Federal department or agency under this 
     section shall be limited to 180 days. When requested by the 
     head of a Federal department or agency, the Secretary of 
     Defense may, with the concurrence of the Governor of the 
     State concerned, extend the period of time for an additional 
     90 days to meet extraordinary circumstances.
       ``(g) Training and Benefits.--(1) A member of the National 
     Guard performing duty under this section shall, in addition 
     to performing such duty, participate in the training required 
     under section 502(a) of this title. The pay, allowances, and 
     other benefits of the member while participating in the 
     training shall be the same as those to which the member is 
     entitled while performing the duty under this section. The 
     member is not entitled to additional pay, allowances, or 
     other benefits for participation in training required under 
     section 502(a)(1) of this title.
       ``(2) To ensure that the use of units and personnel of the 
     National Guard of a State for activities specified in 
     subsection (b) does not degrade the training and readiness of 
     such units and personnel, the following requirements shall 
     apply in determining the activities that units and personnel 
     of the National Guard of a State may perform:
       ``(A) The performance of the activities may not affect 
     adversely the quality of that training or otherwise interfere 
     with the ability of a member or unit of the National Guard to 
     perform the military functions of the member or unit.
       ``(B) The performance of the activities may not degrade the 
     military skills of the members of the National Guard 
     performing those activities.
       ``(h) Limitation on Provision of Support Activities.--
     Defense support of civil authorities activities conducted 
     under authority of this section may not be provided if the 
     provision of such support will affect adversely the military 
     preparedness of the United States.
       ``(i) Relationship to Other Authorities.--Nothing in this 
     section shall be construed as a limitation on the authority 
     of any unit of the National Guard of a State, when such unit 
     is not in Federal service, to perform functions authorized to 
     be performed by the National Guard by the laws of the State 
     concerned.
       ``(j) Definitions.--For purposes of this section:
       ``(1) The term `State' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.
       ``(2) The term `national special security event' means an 
     event designated as such as authorized by the President that, 
     by virtue of its political, economic, social, or religious 
     significance, may be the target of terrorism or other 
     criminal activity.''.
       (b) Clerical and Conforming Amendments.--
       (1) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``116. Defense support of civil authorities.''.

       (2) Section 115(i)(13) of title 10, United States Code, is 
     amended by inserting ``or defense support of civil 
     authorities under section 116 of such title'' after ``title 
     32''.

     SEC. 1043. IMPROVED AUTHORITY TO PROVIDE REWARDS FOR 
                   ASSISTANCE IN COMBATING TERRORISM.

       (a) Increased Amounts.--Section 127b of title 10, United 
     States Code, is amended--
       (1) in subsection (b), by striking ``$200,000'' and 
     inserting ``$5,000,000'';
       (2) in subsection (c)(1)(B), by striking ``$50,000'' and 
     inserting ``$1,000,000''; and
       (3) in subsection (d)(2), by striking ``$100,000'' and 
     inserting ``$2,000,000''.
       (b) Involvement of Allied Forces.--Such section is further 
     amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting 
     after ``United States Government personnel'' the following: 
     ``, or government personnel of allied forces participating in 
     a combined operation with the armed forces,'';
       (B) in paragraph (1), by inserting after ``armed forces'' 
     the following: ``, or of allied forces participating in a 
     combined operation with the armed forces,''; and
       (C) in paragraph (2), by inserting after ``armed forces'' 
     the following: ``, or of allied forces participating in a 
     combined operation with the armed forces''; and
       (2) in subsection (c), by adding at the end the following:
       ``(3)(A) Subject to subparagraphs (B) and (C), an official 
     who has authority delegated under paragraph (1) or (2) may 
     use that authority, acting through government personnel of 
     allied forces, to offer and make rewards.
       ``(B) The Secretary of Defense shall prescribe policies and 
     procedures for making rewards in the manner described in 
     subparagraph (A), which shall include guidance for the 
     accountability of funds used for making rewards in that 
     manner. The policies and procedures shall not take effect 
     until 30 days after the date on which the Secretary submits 
     the policies and procedures to the congressional defense 
     committees. Rewards may not be made in the manner described 
     in subparagraph (A) except under policies and procedures that 
     have taken effect.
       ``(C) Rewards may not be made in the manner described in 
     subparagraph (A) after September 30, 2010.
       ``(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. 1044. 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.''.

[[Page 12794]]



     SEC. 1045. 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) 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. 1046. 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) In general.--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 and one member to serve as vice chairman.
       (B) Consultation.--The designations under subparagraph (A) 
     shall be made in consultation with the ranking minority 
     members of the committees described in that subparagraph.
       (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 conventional means of 
     providing global strike capabilities;
       (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.
       (h) Conforming Repeal.--Section 1051 of the National 
     Defense Authorization Act for Fiscal Year 2006 (Public Law 
     109-163; 119 Stat. 3431) is repealed.

     SEC. 1047. 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 637(b)(3) is amended by striking ``section 
     1251(b)'' and inserting ``section 1253''.
       (4) Section 662(b) is amended by striking ``paragraphs (1), 
     (2), and (3) of subsection (a)'' and inserting ``paragraphs 
     (1) and (2) of subsection (a)''.
       (5) Section 1034(b)(2) is amended by inserting 
     ``unfavorable'' before ``action'' the second place it 
     appears.
       (6) Section 1076b(j) is amended--
       (A) by striking ``section 205(9)'' and inserting 
     ``205(10)''; and
       (B) by striking ``1970)'' and inserting ``1970 (title II of 
     Public Law 91-373; 26 U.S.C. 3304 note))''.
       (7) 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.''.

       (8) 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.
       (9) 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.
       (10) Section 2583(e) is amended by striking ``Dogs'' and 
     inserting ``Animals''.
       (11) Section 2668(e) is amended by striking ``and (d)'' and 
     inserting ``and (e)''.
       (12) Section 12304(a) is amended by striking the second 
     period at the end.
       (13) 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. 2150) 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''.

[[Page 12795]]

       (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) 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''.
       (g) 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''.
       (h) 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. 1048. 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. 1049. PROHIBITION ON SALE BY DEPARTMENT OF DEFENSE OF 
                   PARTS FOR F-14 FIGHTER AIRCRAFT.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Defense is responsible for 
     demilitarizing and auctioning off sensitive surplus United 
     States military equipment.
       (2) F-14 ``Tomcat'' fighter aircraft have recently been 
     retired, and their parts are being made available by auction 
     in large quantities.
       (3) Iran is the only country, besides the United States, 
     flying F-14 fighter aircraft and is purchasing surplus parts 
     for such aircraft from brokers.
       (4) The Government Accountability Office has, as a result 
     of undercover investigative work, declared the acquisition of 
     the surplus United States military equipment, including parts 
     for F-14 fighter aircraft, to be disturbingly effortless.
       (5) Upon the seizure of such sensitive surplus military 
     equipment being sold to Iran, United States customs agents 
     have discovered these same items, having been resold by the 
     Department of Defense, being brokered illegally to Iran 
     again.
       (6) Iran is pursuing a nuclear weapons capability, and the 
     Department of State has identified Iran as the most active 
     state sponsor of terrorism.
       (7) Iran continues to provide funding, safe haven, 
     training, and weapons to known terrorist groups, including 
     Hizballah, HAMAS, the Palestine Islamic Jihad, and the 
     Popular Front for the Liberation of Palestine.
       (8) The sale of spare parts for F-14 fighter aircraft could 
     make it more difficult to confront the nuclear weapons 
     capability of Iran and would strengthen the ground war 
     capability of Iran. To prevent these threats to regional and 
     global security, the sale of spare parts for F-14 fighter 
     aircraft should be prohibited.
       (b) Prohibition on Sale by Department of Defense.--
       (1) In general.--Notwithstanding any other provision of law 
     and except as provided in paragraph (2), the Department of 
     Defense may not sell (whether directly or indirectly) any 
     parts for F-14 fighter aircraft, whether through the Defense 
     Reutilization and Marketing Service or through another agency 
     or element of the Department.
       (2) Exception.--Paragraph (1) shall not apply with respect 
     to the sale of parts for F-14 fighter aircraft to a museum or 
     similar organization located in the United States that is 
     involved in the preservation of F-14 fighter aircraft for 
     historical purposes.
       (c) Prohibition on Export License.--No license for the 
     export of parts for F-14 fighter aircraft to a non-United 
     States person or entity may be issued by the United States 
     Government.

     SEC. 1050. 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. 1051. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL 
                   SUPPORT TEAMS.

       Section 1403(a) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (10 U.S.C. 12310 note) 
     is amended--
       (1) in paragraph (1)--
       (A) by striking ``23'' and inserting ``25''; and
       (B) by striking ``55'' and inserting ``57''; and
       (2) in paragraph (2), by striking ``55'' and inserting 
     ``57''.

     SEC. 1052. SENSE OF CONGRESS REGARDING NEED TO REPLACE ARMY 
                   M109 155MM SELF-PROPELLED HOWITZER.

       (a) Findings.--Congress finds the following:
       (1) Military historians recognize the M109 155mm self-
     propelled howitzer as a pioneer of the configuration of 
     modern mechanized artillery.
       (2) The M109 was first used by the Army in combat during 
     the Vietnam War.
       (3) The Marine Corps also made use of the M109 during the 
     Vietnam War, primarily in defensive ways similar to the Army.
       (4) The Army adapted the M109 for use during the Gulf War, 
     adding capability for more lethal DPICM rounds.
       (5) The M109 has most recently demonstrated its usefulness 
     in Operation Iraqi Freedom, dependably placing rounds 
     downrange about two minutes after obtaining its mission.
       (b) Sense of Congress.--It is the sense of Congress that, 
     while the M109 155mm self-propelled howitzer has been a 
     dependable military weapon for 40 years and recognizing the 
     budgeting challenges facing the Armed Forces, the Army--
       (1) has not been timely in procuring a replacement for the 
     M109; and
       (2) should transition to the NLOS-C as the replacement for 
     the M109.

     SEC. 1053. 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 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, should 
     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. 1054. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 
                   109-364 RELATING TO USE OF ARMED FORCES IN 
                   MAJOR PUBLIC EMERGENCIES.

       (a) Interference With State and Federal Laws.--
       (1) In general.--Section 333 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 333. Interference with State and Federal law

       ``The President, by using the militia or the armed forces, 
     or both, or by any other means, shall take such measures as 
     he considers necessary to suppress, in a State, any 
     insurrection, domestic violence, unlawful combination, or 
     conspiracy, if it--
       ``(1) so hinders the execution of the laws of that State, 
     and of the United States within the State, that any part or 
     class of its people is deprived of a right, privilege, 
     immunity, or protection named in the Constitution and secured 
     by law, and the constituted authorities of that State are 
     unable, fail, or refuse to protect that right, privilege, or 
     immunity, or to give that protection; or
       ``(2) opposes or obstructs the execution of the laws of the 
     United States or impedes the course of justice under those 
     laws.

     In any situation covered by clause (1), the State shall be 
     considered to have denied the equal protection of the laws 
     secured by the Constitution.''.

[[Page 12796]]

       (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.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Compensation for Federal wage system employees for certain 
              travel hours.
Sec. 1102. Special benefits for civilian employees assigned on 
              deployment temporary change of station.
Sec. 1103. Accumulation of annual leave by senior level employees.
Sec. 1104. Travel compensation for wage grade personnel.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Annuity commencing dates.
Sec. 1108. 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. 1109. 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 a combat zone.
Sec. 1110. Use of leave transfer program by wounded veterans who are 
              Federal employees.
Sec. 1111. Requirement for full implementation of personnel 
              demonstration project.

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

       Clause (iv) of section 5544(a) of title 5, United States 
     Code, is amended by striking ``administratively.'' and 
     inserting ``administratively (including travel by such 
     employee to such event and the return of such employee from 
     such event to his or her official duty station).''.

     SEC. 1102. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES ASSIGNED 
                   ON DEPLOYMENT TEMPORARY CHANGE OF STATION.

       (a) Authority.--Subchapter II of chapter 57 of title 5, 
     United States Code, is amended by inserting after section 
     5737 the following:

     ``Sec. 5737a. Employees temporarily deployed in contingency 
       operations

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `covered employee' means an individual who--
       ``(A) is an employee of an Executive agency or a military 
     department, excluding a Government controlled corporation; 
     and
       ``(B) is assigned on a temporary change of station in 
     support of a contingency operation;
       ``(2) the term `temporary change of station', as used with 
     respect to an employee, means an assignment--
       ``(A) from the employee's official duty station to a 
     temporary duty station; and
       ``(B) for which such employee is eligible for expenses 
     under section 5737; and
       ``(3) the term `contingency operation' has the meaning 
     given such term by section 1482a(c) of title 10.
       ``(b) Quarters and Rations.--The head of an agency may 
     provide quarters and rations, without charge, to any covered 
     employee of such agency during the period of such employee's 
     temporary assignment (as described in subsection (a)(1)(B)).
       ``(c) Storage of Motor Vehicle.--The head of an agency may 
     provide for the storage, without charge, or for the 
     reimbursement of the cost of storage, of a motor vehicle that 
     is owned or leased by a covered employee of such agency (or 
     by a dependent of such an employee) and that is for the 
     personal use of the covered employee. This subsection shall 
     apply--
       ``(1) with respect to storage during the period of the 
     employee's temporary assignment (as described in subsection 
     (a)(1)(B)) and, notwithstanding section 5737(b), for such 
     additional period of time as the agency head may determine; 
     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. 1103. 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 at the end 
     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. 1104. 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. 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 new section:

     ``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 $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, or who dies 
     of injuries incurred in connection with a terrorist incident 
     occurring during the employee's service with an Armed Force.
       ``(b) Retroactive Payment in Certain Cases.--Subsection (a) 
     applies in the case of an employee who dies on or after 
     October 7, 2001, 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) Other Benefits.--The death gratuity payable under 
     this section is in addition to any death benefits otherwise 
     provided for in law.
       ``(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

[[Page 12797]]

       ``(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 new 
     item:

``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--
       (1) in subsection (a), by striking ``Notwithstanding any 
     other provision of this part, the'' and inserting ``The'';
       (2) in subsection (b)(4)--
       (A) by striking ``collectively as provided for in this 
     chapter,'' and inserting ``collectively,''; and
       (B) by striking ``the provisions of this chapter and'';
       (3) in subsection (b)(6), by striking subparagraph (I) and 
     inserting the following:
       ``(I) A pay-for-performance evaluation system to reward 
     individual or group performance. Any such system--
       ``(i) shall be based on an equitable method for appraising 
     and compensating employees;
       ``(ii) shall ensure that rates of pay (including those 
     described in subchapter IV of chapter 53 and those payable to 
     employees paid from nonappropriated funds) are adjusted at 
     the same time and by the same percentages as would be 
     required under sections 5303 through 5304a for rates subject 
     to those sections, except that no such adjustment may be made 
     if or to the extent that the resulting rate would exceed the 
     maximum rate allowable under such system;
       ``(iii) may not be implemented before the requirements 
     described in section 4703(b) have been met by the Secretary 
     and the Director jointly with respect to such system;
       ``(iv) may not provide for any waiver with respect to such 
     system that would not be allowable under any paragraph of 
     section 4703(c); and
       ``(v) shall be subject to the provisions of subsections (f) 
     and (g) of section 4703.'';
       (4) in subsection (c)(1), by striking ``October 1, 2008'' 
     each place it appears and inserting ``October 1, 2011'';
       (5) in subsection (d)--
       (A) in the matter before paragraph (1), by striking ``are 
     (to the extent not otherwise specified in this title)--'' and 
     inserting ``are--''; and
       (B) in paragraph (2), by inserting ``43,'' after ``41,'' 
     and by inserting ``75, 77,'' after ``73,'';
       (6) in subsection (e)(3), by striking the period at the end 
     and inserting ``, except as provided in subsection 
     (b)(6)(I)(ii).'';
       (7) in subsection (f)(4), strike ``The'' and insert 
     ``Subject to subsection (d)(2), the'';
       (8) in subsection (g)--
       (A) by striking paragraph (2) and inserting the following:
       ``(2) The decision to bargain at a level above the level of 
     exclusive recognition shall be mutually agreed to by the 
     Secretary and the labor organization at an organizational 
     level above the level of exclusive recognition.'';
       (B) in paragraph (3), by striking ``are excluded from'' and 
     inserting ``may be included in''; and
       (C) by striking paragraph (4); and
       (9) by striking subsections (h), (k), and (m) and 
     redesignating subsections (i), (j), and (l) as subsections 
     (h), (i), and (j), respectively.
       (b) Savings Provision.--Any rate of pay which is in effect 
     with respect to an employee immediately before this section 
     takes effect, and which was determined under a performance 
     management system established under section 9902(b)(6) of 
     title 5, United States Code, shall remain in effect until--
       (1) such rate is modified, superseded, or rendered 
     inapplicable--
       (A) in accordance with such system, as last in effect 
     before this section takes effect; or
       (B) in accordance with a system established under such 
     section 9902(b)(6), as amended by this section (hereinafter 
     referred to as a ``successor system''); or
       (2) such employee otherwise ceases to be covered by such 
     system (as described in paragraph (1)(A)), whether by 
     transferring to a position not covered by the system (as so 
     described) or otherwise.

     The performance management system (as described in paragraph 
     (1)(A)) shall remain in effect, in accordance with its terms, 
     until all employees who, immediately before this section 
     takes effect, are subject to the system (as so described) 
     have either become subject to a successor system or have 
     otherwise ceased to be covered by the system (as so 
     described). Such system (as so described) shall not apply in 
     the case of any employee, or during any period of time, not 
     described in the preceding sentence.

     SEC. 1107. ANNUITY COMMENCING DATES.

       (a) Civil Service Retirement System.--Section 8345(b)(1) of 
     title 5, United States Code, is amended by striking ``the 
     first day of the month after'' both places it appears and 
     inserting ``the day after''.
       (b) Federal Employees' Retirement System.--Section 8464(a) 
     of such title is amended to read as follows:
       ``(a) Except as otherwise provided in this chapter--
       ``(1) an annuity payable from the Fund commences on the day 
     after--
       ``(A) separation from the service, in the case of an 
     employee or Member retiring under section 8412 or 8414; or
       ``(B) pay ceases, and the applicable age and service 
     requirements are met, in the case of an employee or Member 
     retiring under section 8413; and
       ``(2) an annuity payable from the Fund commences on the day 
     after separation from the service or the day after pay ceases 
     and the requirements for title to an annuity are met in the 
     case of an employee or Member retiring under section 8451.''.

     SEC. 1108. 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.

       The first sentence of section 5334(f) of title 5, United 
     States Code, is amended by striking ``any step of such grade 
     that does not exceed the highest previous rate of basic pay 
     received by that employee during the employee's service 
     described in section 2105(c).'' and inserting ``any step of 
     such grade that does not exceed--
       ``(1) if the highest previous rate of basic pay received by 
     that employee during the employee's service described in 
     section 2105(c) is equal to a rate of the appropriate grade, 
     such rate of the appropriate grade;
       ``(2) if the employee's highest previous rate of basic pay 
     (as described in paragraph (1)) is between two rates of the 
     appropriate grade, the higher of those two rates; or
       ``(3) if the employee's highest previous rate of basic pay 
     (as described in paragraph (1)) exceeds the maximum rate of 
     the appropriate grade, the maximum rate of the appropriate 
     grade.''.

     SEC. 1109. 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 A COMBAT 
                   ZONE.

       (a) In General.--Section 5742 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(f)(1) The benefits of subsection (b)(2) may not be 
     denied, solely because the dependents were residing within 
     the continental United States when the employee died, if such 
     employee died as a result of disease or injury incurred while 
     holding a position or performing one or more functions in 
     support of military operations of the United States in a 
     combat zone.
       ``(2) For purposes of paragraph (1)--
       ``(A) the term `continental United States' has the meaning 
     given such term by section 5721(3); and
       ``(B) the term `combat zone' has the meaning given such 
     term by section 1580 of title 10.''.
       (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. 1110. 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 ``A leave'' and inserting ``(1) Except as 
     provided in paragraph (2), a leave''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The requirement to exhaust annual leave and sick 
     leave under paragraph (1) shall not apply in the case of a 
     leave recipient who, while a member of the Armed Forces, 
     including a member of the National Guard or a Reserve, 
     sustained a combat-related disability (as defined in section 
     1413a(e) of title 10) and is undergoing medical treatment (as 
     defined by the Office of Personnel Management) for that 
     combat-related disability. The preceding sentence shall apply 
     to a member described in that sentence only so long as the 
     member continues to undergo medical treatment for the 
     disability, but in no case for more than five years.''.

[[Page 12798]]



     SEC. 1111. 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) Expanded Authority for Directors.--The Secretary of 
     Defense shall also implement a process and implementation 
     plan to expand the authorities provided to the laboratories 
     described in subsection (a) to provide the research 
     laboratory directors enhanced ability to make program, 
     funding, personnel, and other decisions that are necessary to 
     carry out the mission of the laboratory.
       (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.

             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. Expansion of program to build the capacity of foreign 
              military forces to include Pakistan's other security 
              forces.
Sec. 1207. Authority to provide assistance to foreign nations to assist 
              in recovery and accounting activities 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, projects, and 
              activities carried out by the Department of Defense.

                  Subtitle B--Matters Relating to Iraq

Sec. 1221. Modification of authorities relating to the Special 
              Inspector General for Iraq Reconstruction.
Sec. 1222. Continuation of prohibition on establishment of permanent 
              military installations in Iraq or United States control 
              over oil resources of Iraq.
Sec. 1223. Report on Department of Defense efforts to build the 
              capacity of the Government of Iraq to carry out 
              reconstruction activities in Iraq.
Sec. 1224. Report on implementation of Multi-National Forces-Iraq/
              United States Embassy Baghdad Joint Campaign Plan and 
              efforts to achieve political reform in Iraq.
Sec. 1225. Report on training of the Iraqi Security Forces.
Sec. 1226. Sense of Congress on responsibilities of the Iraqi Council 
              of Representatives to enact laws to achieve political 
              reform and diminish support for the insurgency in Iraq.

              Subtitle C--Matters Relating to Afghanistan

Sec. 1231. Special Inspector General for Afghanistan Reconstruction.
Sec. 1232. Report on progress toward security and stability in 
              Afghanistan.
Sec. 1233. Report on progress of the Department of Defense's counter-
              narcotics program for Afghanistan.
Sec. 1234. United States plan for sustaining the Afghanistan National 
              Security Forces.

                       Subtitle D--Other Matters

Sec. 1241. Cooperative research and development agreements: NATO 
              organizations; allied and friendly foreign countries.
Sec. 1242. Extension of Counterproliferation Program Review Committee.
Sec. 1243. Sense of Congress concerning the Western Hemisphere 
              Institute for Security Cooperation.
Sec. 1244. Sense of Congress concerning the strategic military 
              capabilities and intentions of the People's Republic of 
              China.

                  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.''.

[[Page 12799]]



     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) Approval of Centers.--Subsection (c)(1) of such section 
     is amended--
       (1) by striking ``the Military Committee of the North 
     Atlantic Treaty Organization (NATO)'' and inserting ``the 
     Department of Defense''; and
       (2) by striking ``for the benefit of NATO''.
       (c) 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.''.
       (d) 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) by striking ``fiscal years 2006 and 2007'' and 
     inserting ``fiscal years 2008 and 2009''.
       (b) Quarterly Reports.--Subsection (b) of such section is 
     amended by striking ``fiscal years 2006 and 2007'' and 
     inserting ``fiscal years 2008 and 2009''.
       (c) Effective Date.--The amendments made by this section 
     take effect on October 1, 2007.

     SEC. 1206. EXPANSION OF PROGRAM TO BUILD THE CAPACITY OF 
                   FOREIGN MILITARY FORCES TO INCLUDE PAKISTAN'S 
                   OTHER SECURITY FORCES.

       (a) Authority.--Subsection (a) of section 1206 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3456-3458), as amended by 
     section 1206 of the John Warner National Defense 
     Authorization Act of Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2418), is amended--
       (1) by striking ``The Secretary of Defense'' and inserting 
     the following:
       ``(1) In general.--The Secretary of Defense'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively; and
       (3) by adding at the end the following:
       ``(2) Additional authority to build the capacity of 
     pakistan's other security forces.--The Secretary of Defense, 
     with the concurrence of the Secretary of State, may use the 
     authority in paragraph (1) to provide assistance to build the 
     capacity of a Pakistan's other security forces that are 
     critical to the success of counterterrorist operations, such 
     as forces responsible for border protection and interdiction 
     (including forces that guard coastal waters) and internal 
     security forces specifically responsible for counterterrorism 
     operations, in order for Pakistan to conduct the operations 
     described in paragraph (1)(A).''.
       (b) Congressional Notification; Specified Congressional 
     Committees.--Subsection (e) of such section is amended--
       (1) in paragraph (1)--
       (A) by striking ``Whenever'' and inserting the following:
       ``(A) In general.--Whenever''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) Notification relating to authority to build the 
     capacity of pakistan's other security forces.--Not less than 
     30 days prior to the obligation or expenditure of funds to 
     carry out any activities under subsection (a)(2), the 
     Secretary of Defense shall notify the congressional 
     committees specified in paragraph (3) of such proposed 
     obligation or expenditure.''; and
       (2) in paragraph (3)(B), by striking ``Committee on 
     International Relations'' and inserting ``Committee on 
     Foreign Affairs''.
       (c) Report.--Paragraphs (1), (2), and (3) of subsection (f) 
     of such section are each amended by inserting ``or Pakistan's 
     other security forces'' after ``foreign military forces''.
       (d) Conforming and Clerical Amendments.--(1) The heading 
     for such section is amended by adding at the end before the 
     period the following: ``AND PAKISTAN'S OTHER SECURITY 
     FORCES''.
       (2) The table of contents in section 2(b) of the National 
     Defense Authorization Act for Fiscal Year 2006 and the table 
     of sections at the beginning of title XII of such Act are 
     each amended by striking the item relating to section 1206 
     and inserting the following:

``Sec. 1206. Authority to build the capacity of foreign military forces 
              and Pakistan's other security forces.''.

     SEC. 1207. AUTHORITY TO PROVIDE ASSISTANCE TO FOREIGN NATIONS 
                   TO ASSIST IN RECOVERY AND ACCOUNTING ACTIVITIES 
                   FOR MISSING UNITED STATES GOVERNMENT PERSONNEL.

       (a) Assistance Authorized.--The Secretary of Defense, with 
     the concurrence of the Secretary of State, is authorized to 
     provide assistance to foreign nations to assist the 
     Department of Defense in recovery and accounting activities 
     for missing United States Government personnel.
       (b) Types of Assistance.--Assistance authorized under 
     subsection (a) may include the provision of equipment, 
     supplies, services, training, and funding to foreign nations 
     to assist in recovery and accounting activities described in 
     such subsection. The authority to provide assistance under 
     subsection (a) is in addition to any other authority to 
     provide assistance to foreign nations for such purposes.
       (c) Limitation.--Assistance authorized under subsection (a) 
     may not exceed $1,000,000 in any fiscal year.

     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, 
                   PROJECTS, AND ACTIVITIES 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 contains a description of all foreign assistance-
     related programs, projects, and activities carried out by the 
     Department of Defense during the prior fiscal year pursuant 
     to any provision of law that authorizes or appropriates funds 
     for such programs, projects, and activities.
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall include information on a country-by-
     country basis of each foreign assistance-related program, 
     project, or activity of the Department of Defense and each 
     foreign-assistance related program, project, or activity that 
     the Department of Defense undertakes or implements on behalf 
     of any other department or agency of the United States 
     Government, such as a program, project, or activity under the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or 
     the Arms Export Control Act (22 U.S.C. 2751 et seq.).
       (c) Definition.--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.

                  Subtitle B--Matters Relating to Iraq

     SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO 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)(3) of such section is amended 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--

[[Page 12800]]

       (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) by striking the period at the end and inserting ``; 
     and''; and
       (5) 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.--Subsection (o) of such section is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``(A)'';
       (B) by striking ``to the Iraq Relief and Reconstruction 
     Fund'' the first place it appears and inserting ``for the 
     reconstruction of Iraq''; and
       (C) by striking subparagraph (B); 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. CONTINUATION OF PROHIBITION ON ESTABLISHMENT OF 
                   PERMANENT MILITARY INSTALLATIONS IN IRAQ OR 
                   UNITED STATES CONTROL OVER OIL RESOURCES OF 
                   IRAQ.

       Section 1519 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2444) is amended by inserting after ``this Act'' 
     the following: ``or any other Act for any fiscal year''.

     SEC. 1223. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO BUILD 
                   THE CAPACITY OF THE GOVERNMENT OF IRAQ TO CARRY 
                   OUT RECONSTRUCTION ACTIVITIES IN IRAQ.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, and every six months 
     thereafter, the Secretary of Defense shall submit to Congress 
     a report on efforts of the Department of Defense to build the 
     capacity of the Government of Iraq to carry out 
     reconstruction activities in Iraq.
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall include a description of the following:
       (1) Efforts to improve the ability of the Government of 
     Iraq--
       (A) to assess the needs for the reconstruction of Iraq;
       (B) to assess the sustainability of reconstruction projects 
     carried out by the Government of Iraq, on all levels; and
       (C) to effectively budget and carry out the design and 
     implementation of reconstruction projects.
       (2) Efforts to improve the ability of the Government of 
     Iraq--
       (A) to enter into competitively-awarded contracts for the 
     reconstruction of Iraq; and
       (B) to oversee that such contracts are properly and 
     effectively carried out in a cost-efficient manner.
       (3) Such other matters as the Secretary of Defense 
     considers appropriate.

     SEC. 1224. REPORT ON IMPLEMENTATION OF MULTI-NATIONAL FORCES-
                   IRAQ/UNITED STATES EMBASSY BAGHDAD JOINT 
                   CAMPAIGN PLAN AND EFFORTS TO ACHIEVE POLITICAL 
                   REFORM IN IRAQ.

       (a) Report Required.--Not later than September 30, 2007, 
     the Secretary of Defense, in coordination with the Secretary 
     of State, shall submit to the appropriate congressional 
     committees a report detailing the status of implementation of 
     the Multi-National Forces-Iraq/United States Embassy Baghdad 
     Joint Campaign Plan (hereinafter in this section referred to 
     as the ``Joint Campaign Plan'') since January 1, 2007, and 
     efforts by the Government of Iraq to achieve political reform 
     in Iraq.
       (b) Assessment Required.--The Commander, Multi-National 
     Forces-Iraq and the United States Ambassador to Iraq shall 
     jointly submit to the Secretary of Defense and the Secretary 
     of State an assessment of the situation in Iraq. The 
     assessment shall be submitted in time to be included in the 
     report required by subsection (a), and shall be included in 
     the report, together with any comments thereon by the 
     Secretary of Defense or the Secretary of State.
       (c) Elements.--The assessment required by subsection (b) 
     shall include the following elements:
       (1) 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 though 
     phases of the Joint Campaign Plan and the measurements used 
     to determine progress.
       (B) An assessment of what conditions in the Joint Campaign 
     Plan have been achieved and what 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 such 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.
       (2) Efforts by the Government of Iraq in taking the 
     following actions:
       (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.
       (F) Making significant efforts to plan and implement 
     disarmament, demobilization, and reintegration programs 
     relating to Iraqi militias.
       (3) An assessment of security in each region of Iraq and an 
     overall assessment of security for the country, to include 
     the following:
       (A) Trends in casualties among Coalition forces, Iraqi 
     Security Forces, and civilians.
       (B) Trends in weekly attacks on Coalition forces, Iraqi 
     Security Forces, and civilians.
       (C) Trends in sectarian violence, including both the number 
     of incidents and the casualties that have resulted.
       (D) Trends in high-profile attacks, including attacks 
     utilizing suicide bombings and vehicle-borne improvised 
     explosive devices.
       (4) An assessment of the effectiveness of Iraqi Security 
     Forces, to include the following:
       (A) The number of battalions in the Iraqi Army currently 
     conducting operations against insurgents, the level of 
     personnel strength of such battalions, and efforts by the 
     Iraqi or Coalition authorities to increase the number of such 
     battalions.
       (B) The number of Iraqi Security Force units, at the 
     battalion level and above, that are operating independently 
     of Coalition forces or with only support of Coalition forces.
       (C) The anticipated period of time remaining until the 
     Iraqi Security Forces are fully trained and capable of 
     providing security in Iraq without support of Coalition 
     forces.
       (d) Further Assessment Required.--Based on the information 
     provided in subsection (c), the Secretary of Defense shall 
     include in the report required by subsection (a)--
       (1) an assessment of the levels of United States Armed 
     Forces required in Iraq for the six-month period beginning on 
     October 1, 2007, the missions to be undertaken by the Armed 
     Forces, and the incremental costs of any proposed changes to 
     such levels or missions; and
       (2) a description of the range of contingency plans under 
     consideration for changes to levels of United States Armed 
     Forces or missions during such period.
       (e) Update of Report.--
       (1) Update required.--Not later than 180 days after the 
     submission of the report required by subsection (a), and 
     every 180 days thereafter until United States combat forces 
     have been redeployed from Iraq, the Secretary of Defense 
     shall submit to the appropriate congressional committees an 
     update of the report required by subsection (a).
       (2) Matters to be included.--Each update of the report 
     required by subsection (a) shall include an update of the 
     assessment and any comments thereon required by subsection 
     (b), an update of the elements described in subsection (c), 
     and an update of the further assessment required by paragraph 
     (1) of subsection (d) for the six-month period beginning on 
     the date of the submission of the update and an update of the 
     contingency plans required by paragraph (2) of subsection (d) 
     for such six-month period.
       (f) Form.--The report required by subsection (a) and each 
     update of the report required by subsection (e), including 
     assessments contained therein, shall be submitted in 
     unclassified form, to the maximum extent practicable, but may 
     contain a classified annex.
       (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. 1225. REPORT ON TRAINING OF THE IRAQI SECURITY FORCES.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, and every three months 
     thereafter, the Secretary of Defense shall submit to the 
     appropriate congressional committees an assessment of the 
     Iraqi Security Forces.
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall address the following matters:
       (1) The level of training, readiness, operational 
     proficiency, and any other measures used to assess the 
     effectiveness of each battalion or larger formation or 
     equivalent of the Iraqi

[[Page 12801]]

     Army, Iraqi National Police, Iraqi Police Service, and all 
     other security and intelligence forces under the control of 
     the Ministry of Defense or the Ministry of the Interior of 
     Iraq.
       (2) The number of battalions in the Iraqi Army currently 
     conducting operations, the type of operations conducted, and 
     efforts by Iraqi or Coalition authorities to increase the 
     number of such operations.
       (3) The number of Iraqi Army battalions and Iraqi National 
     Police units that can operate without support from Coalition 
     forces.
       (4) The amount and type of support from Coalition forces 
     required by the Iraqi Security Forces at each Transition 
     Readiness Assessment (TRA) level.
       (5) The level of readiness and effectiveness of units of 
     the Iraqi Security 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.
       (6) The contribution each battalion or larger formation or 
     equivalent of the Iraqi Army, Iraqi National Police, Iraqi 
     Police Service, and all other security and intelligence 
     forces under the control of the Ministry of Defense or the 
     Ministry of the Interior of Iraq are making to overall 
     stability in their area of operation.
       (7) Other measurements used by Iraqi and Coalition 
     authorities to assess the capability of the Iraqi Security 
     Forces.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, to the maximum extent 
     practicable, but may include a classified annex, as 
     appropriate.
       (d) Definition.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate.

     SEC. 1226. SENSE OF CONGRESS ON RESPONSIBILITIES OF THE IRAQI 
                   COUNCIL OF REPRESENTATIVES TO ENACT LAWS TO 
                   ACHIEVE POLITICAL REFORM AND DIMINISH SUPPORT 
                   FOR THE INSURGENCY IN IRAQ.

       It is the sense of Congress that the Iraqi Council of 
     Representatives should not recess for an extended period of 
     time without first making substantial progress toward--
       (1) enacting a broadly-accepted hydrocarbon law that 
     equitably shares revenue among all Iraqis;
       (2) 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;
       (3) reforming current laws governing the de-Baathification 
     process in a manner that encourages national reconciliation;
       (4) amending the Constitution of Iraq in a manner that 
     encourages national reconciliation; and
       (5) enacting other legislation that helps to begin the 
     process of political reconciliation and reduce the support 
     for the insurgency in Iraq.

              Subtitle C--Matters Relating to Afghanistan

     SEC. 1231. 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 to the Department of Defense 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 Defense fully and currently informed 
     about problems and deficiencies relating to the 
     administration of such programs and operations and the 
     necessity for and progress for 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) 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.
       (2) The appointment of 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) The nomination of an individual as Inspector General 
     shall be made not later than 30 days after the date of the 
     enactment of this Act.
       (4) 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) The requirements described in paragraphs (4) and (5) of 
     section 3001(c) 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) shall 
     apply to the Inspector General in the same manner and to the 
     same extent as such requirements apply to the Special 
     Inspector General for Iraq Reconstruction.
       (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 
     to the Department of Defense 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) Except as provided in paragraph (2), 
     the Inspector General shall report directly to, and be under 
     the general supervision of, the Secretary of Defense.
       (2) No officer of the Department of Defense 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 to the 
     Department of Defense for the reconstruction of Afghanistan 
     or from issuing any subpoena during the course of any such 
     audit or investigation.
       (f) Duties.--(1) 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 to the 
     Department of Defense 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; and
       (E) the maintenance of records on the use of such funds to 
     facilitate future audits and investigations of the use of 
     such funds.
       (2) The Inspector General shall establish, maintain, and 
     oversee such systems, procedures, and controls as the 
     Inspector General considers appropriate to discharge the duty 
     under paragraph (1).
       (3) 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) 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, the Inspector General of the Department of 
     Defense.
       (g) Powers and Authorities.--(1) 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) The Inspector General shall carry out the duty 
     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) The 
     powers and authorities described in paragraphs (1) through 
     (3) of section 3001(h) of the Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004 shall apply to the Inspector 
     General in the same manner and to the same extent as such 
     requirements apply to the Special Inspector General for Iraq 
     Reconstruction.
       (2) Whenever information or assistance requested by the 
     Inspector General is, in the judgment of the Inspector 
     General, unreasonably refused or not provided from any 
     department, agency, or other entity of the Federal 
     Government, the Inspector General shall report the 
     circumstances to the Secretary of Defense and to the 
     congressional defense committees.
       (3) The Secretary of Defense shall provide the Inspector 
     General with appropriate and adequate office space at 
     appropriate locations of the Department of Defense 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.
       (i) Reports.--(1) Not later than 30 days after the end of 
     each fiscal-year quarter, the Inspector General shall submit 
     to the congressional defense 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 to the Department of Defense for the 
     reconstruction of Afghanistan. Each report shall include, for 
     the period covered by such report, a detailed statement of 
     all obligations, expenditures, and revenues of the Department 
     of Defense associated with reconstruction and rehabilitation 
     activities in Afghanistan, including the following:
       (A) Obligations and expenditures of appropriated funds by 
     the Department of Defense.

[[Page 12802]]

       (B) A project-by-project and program-by-program accounting 
     of the costs incurred to date by the Department of Defense 
     for the reconstruction of Afghanistan, together with the 
     estimate of the Department of Defense of the costs to 
     complete each project and each program.
       (C) Revenues attributable to or consisting of funds 
     provided by foreign nations or international organizations to 
     programs and projects funded by the Department of Defense, 
     and any obligations or expenditures of such revenues.
       (D) Revenues attributable to or consisting of foreign 
     assets seized or frozen that contribute to programs and 
     projects funded by the Department of Defense, and any 
     obligations or expenditures of such revenues.
       (E) Operating expenses of agencies or entities receiving 
     amounts appropriated or otherwise made available to the 
     Department of Defense for the reconstruction of Afghanistan.
       (F) In the case of any contract described in paragraph 
     (2)--
       (i) the amount of the contract or other agreement;
       (ii) a brief discussion of the scope of the contract or 
     other agreement;
       (iii) a discussion of how the Department of Defense 
     identified, and solicited offers from, potential contractors 
     to perform the contract, together with a list of the 
     potential contractors 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) A contract described in this paragraph is any major 
     contract or other agreement that is entered into by the 
     Department of Defense that involves the use of amounts 
     appropriated or otherwise made available to the Department of 
     Defense 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) The Inspector General shall submit to the congressional 
     defense committees semiannual reports meeting the 
     requirements of section 5 of the Inspector General Act of 
     1978. The first such report for a year, covering the first 
     six months of the year, shall be submitted not later than 
     July 31 of that year, and the second such report, covering 
     the second six months of the year, shall be submitted not 
     later than January 31 of the following year.
       (4) The Inspector General shall publish each report under 
     this subsection in both English and other languages, which 
     the Inspector General determines are widely used and 
     understood in Afghanistan, on the Internet website of the 
     Department of Defense.
       (5) Each report under this subsection may include a 
     classified annex if the Inspector General considers it 
     necessary.
       (6) 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) The Inspector General shall 
     also submit each report under subsection (i) to the Secretary 
     of Defense.
       (2)(A) Not later than 30 days after receipt of a report 
     under paragraph (1), the Secretary of Defense may submit to 
     the congressional defense committees any comments on the 
     matters covered by the report as the Secretary of Defense 
     considers appropriate.
       (B) A report under this paragraph may include a classified 
     annex if the Secretary of Defense considers it necessary.
       (k) Transparency.--(1) Not later than 60 days after the 
     date of the submittal to Congress of a report under 
     subsection (i), the Secretary of Defense shall make copies of 
     such report available to the public upon request, and at a 
     reasonable cost.
       (2) Not later than 60 days after the date of the submittal 
     to Congress under subsection (j)(2) of comments on a report 
     under subsection (i), the Secretary of Defense shall make 
     copies of such comments available to the public upon request, 
     and at a reasonable cost.
       (l) Waiver.--(1) 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) 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 paragraph (1) 
     or (3) of subsection (i), or any comment under subsection 
     (j)(2), is submitted to Congress. The reports required under 
     paragraph (1) or (3) of subsection (i), and the comments 
     required under subsection (j)(2), shall specify whether 
     waivers under this subsection were made and with respect to 
     which elements in the reports or which comments, as 
     appropriate.
       (m) Definition.--In this section, the term ``amounts 
     appropriated or otherwise made available to the Department of 
     Defense for the reconstruction of Afghanistan'' means amounts 
     appropriated or otherwise made available for any fiscal 
     year--
       (1) to the Afghanistan Security Forces Fund;
       (2) 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); or
       (3) to the Department of Defense for assistance for the 
     reconstruction of Afghanistan under any other provision of 
     law.
       (n) Funding.--(1) Of the amounts appropriated for fiscal 
     year 2008 to the Afghanistan Security Forces Fund, such sums 
     as may be necessary shall be available to carry out this 
     section.
       (2) The amount available under paragraph (1) shall remain 
     available until expended.
       (o) Termination.--(1) The Office of the Inspector General 
     shall terminate 10 months after 80 percent of the funds 
     appropriated or otherwise made available to the Department of 
     Defense for the reconstruction of Afghanistan have been 
     expended.
       (2) The Special Inspector General for Afghanistan 
     Reconstruction shall, prior to the termination of the Office 
     of the Special Inspector General under paragraph (1), prepare 
     and submit to the congressional defense committees a final 
     forensic audit report on all funds deemed to be amounts 
     appropriated or otherwise made available to the Department of 
     Defense for the reconstruction of Afghanistan.

     SEC. 1232. 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, 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 by subsection (a) 
     shall be prepared in coordination with the Secretary of 
     State, the Attorney General, the Administrator of the Drug 
     Enforcement Administration, the Administrator of the United 
     States Agency for International Development, the Secretary of 
     Agriculture, and the head of any other department or agency 
     of the Government of the United States involved with 
     activities relating to security and stability in Afghanistan.
       (c) Matters to Be Included: Strategic Direction of United 
     States Activities Relating to Security and Stability in 
     Afghanistan.--The report required by subsection (a) shall 
     include a description of the strategic direction of 
     activities of the United States relating to security and 
     stability in Afghanistan. Such description shall include a 
     general overview followed by a separate detailed section for 
     each of the following:
       (1) Afghanistan national security forces capacity-
     building.--A description of the following:
       (A) A clear, 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 Afghanistan National 
     Security Forces (ANSF), which ensure that a strong and fully-
     capable ANSF is able to independently and effectively conduct 
     operations and maintain security and stability in Afghanistan 
     (hereinafter in this section referred to as ``ANSF capacity-
     building'').
       (B) Any actions to achieve the following goals with respect 
     to ANSF capacity-building, and the results of such actions:
       (i) Improve coordination with all relevant departments and 
     agencies of the United States Government, as well as 
     countries participating in the North Atlantic Treaty 
     Organization International Assistance Force (NATO-ISAF) and 
     other international partners.
       (ii) Improve ANSF recruitment and retention, including 
     through improved vetting and salaries for ANSF.
       (iii) Increase and improve ANSF training and mentoring.
       (iv) Strengthen the partnership between the Governments of 
     the United States and Afghanistan.
       (2) Provincial reconstruction teams and other 
     reconstruction and development activities.--A description of 
     the following:
       (A) A clear, comprehensive and effective long-term strategy 
     and budget, with defined objectives, for activities relating 
     to reconstruction and development in Afghanistan.
       (B) Any actions to achieve the following goals with respect 
     to activities relating to reconstruction and development in 
     Afghanistan, and the results of such actions:
       (i) Improve coordination with all relevant departments and 
     agencies of the United States Government, as well as NATO-
     ISAF countries and other international partners.
       (ii) Clarify a single chain of command and operations plans 
     for provincial reconstruction teams (PRTs) in Afghanistan.
       (iii) Increase staffing, particularly staffing of civilian 
     specialists, and increase staff training for PRTs.
       (iv) Expand the National Solidarity Program and other 
     efforts to develop the ability of the Afghan people to assume 
     greater responsibility for their own reconstruction and 
     development projects.
       (v) Strengthen the partnership between the Governments of 
     the United States and Afghanistan.
       (vi) Strengthen reconstruction and development oversight 
     activities, including implementation of any recommendations 
     of the Special Inspector General for Afghanistan 
     Reconstruction.

[[Page 12803]]

       (3) 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 by subsection (a) 
     shall set forth, in a section separate from any other section 
     of the report, 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) Key measures of political stability relating to both 
     central and local Afghan governance.
       (B) An assessment of military operations of NATO-ISAF and 
     NATO-ISAF countries, and an assessment of separate military 
     operations by United States forces. Such assessments shall 
     include number of engagements per day, trends relating to the 
     numbers and types of hostile encounters, equipment used, 
     effect of national caveats that limit operations, geographic 
     location of operations, and 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 mechanisms; salaries; 
     numbers trained and mentored; type of training and mentoring, 
     including training and mentoring providers and numbers 
     receiving classroom or field training; organizational force 
     structure; equipment used; operational performance, including 
     ANA and ANP that are (I) capable of conducting operations 
     independently, (II) capable of conducting operations with the 
     support of the United States, NATO-ISAF forces, or other 
     Coalition forces, or (III) not ready to conduct operations.
       (ii) Effectiveness of ANA or ANP officers and the ANA and 
     ANP chain of command.
       (iii) Extent to which insurgents have infiltrated the ANA 
     and ANP.
       (iv) Number of United States and Coalition trainers, 
     mentors, and advisors needed to support the ANA and ANP and 
     associated ministries.
       (v) Estimated number and capability level of ANA and ANP 
     needed to perform duties now undertaken by the United States, 
     NATO-ISAF forces, and other Coalition forces, including 
     securing Afghanistan's border with Pakistan 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 counties 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 insurgent 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 (FATA).
       (G) An assessment of United States military requirements, 
     including planned force rotations, through the end of 
     calendar year 2008.
       (e) Update of Report.--Not later than 90 days after the 
     submission of the report required by subsection (a), and 
     every 90 days thereafter, the Secretary of Defense shall 
     submit to the appropriate congressional committees an update 
     of the report.
       (f) Form.--The report required by subsection (a) and 
     updates of the report required by subsection (e) shall be 
     submitted in unclassified form, but may include a classified 
     annex, if necessary.
       (g) Congressional Briefings.--The Secretary of Defense 
     shall supplement the report required by subsection (a) and 
     updates of the report required by subsection (e) with regular 
     briefings to the appropriate congressional committees on the 
     subject matter of the report or updates of the report.
       (h) 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. 1233. REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE'S 
                   COUNTER-NARCOTICS PROGRAM FOR AFGHANISTAN.

       (a) Report Required.--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--
       (1) the counter-narcotics objectives of the Department of 
     Defense for Afghanistan; and
       (2) the strategy for implementing such objectives.
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall--
       (1) identify the role and responsibilities of the 
     Department of Defense in addressing any of the applicable 
     five pillars that comprise the counter-narcotics strategy and 
     implementation plan for Afghanistan: public information, 
     rural development (alternative livelihoods), elimination and 
     eradication activities, law enforcement and interdiction, and 
     law enforcement and justice reform;
       (2) describe the strategic direction of activities of the 
     Department of Defense relating to counter-narcotics efforts 
     in Afghanistan, and specifically include a description of--
       (A) a clear, comprehensive and effective long-term strategy 
     and any planned budget, with defined objectives; and
       (B) actions that the Department of Defense has undertaken 
     and has planned, to--
       (i) improve coordination with all relevant departments and 
     agencies of the United States Government;
       (ii) strengthen significantly the Afghanistan National 
     Counter-Narcotics Police;
       (iii) build the capacity of the Afghan Government to assume 
     greater responsibility for counter-narcotics related-
     activities;
       (iv) improve counter-narcotics intelligence capabilities;
       (v) strengthen capabilities in support of narcotics-related 
     interdiction activities;
       (vi) effectively address problems with any counter-
     narcotics strategies involving the Department of Defense; and
       (vii) address other elements of the applicable five pillars 
     that comprise the counter-narcotics strategy and 
     implementation plan for Afghanistan as described in paragraph 
     (1); and
       (3) set forth, in a section separate from any other section 
     of the report, a comprehensive set of performance indicators 
     and measures of progress for the Department of Defense's 
     programs relating to counter-narcotics efforts in 
     Afghanistan, which shall include performance standards and 
     progress goals, together with a notional timetable for 
     achieving such goals.
       (c) Update of Report.--Not later than 90 days after the 
     submission of the report required by subsection (a), and 
     every 90 days thereafter, the Secretary of Defense shall 
     submit to Congress an update of the report.
       (d) Concurrent Submission of Report.--The report required 
     by subsection (a) and updates of the report required by 
     subsection (c) shall be submitted concurrently with the 
     report required by section 1232 of this Act (relating to 
     progress toward security and stability in Afghanistan).
       (e) Form.--The report required by subsection (a) and 
     updates of the report required by subsection (c) shall be 
     submitted in unclassified form, but may include a classified 
     annex, if necessary.

     SEC. 1234. 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, the Secretary of Defense shall 
     submit to the appropriate congressional committees a long-
     term detailed plan for sustaining the Afghanistan National 
     Army and the Afghanistan National Police of the Afghanistan 
     National Security Forces (ANSF). The plan required by this 
     subsection shall ensure 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 plan required by subsection (a) 
     shall be prepared in coordination with the Secretary of State 
     and the Attorney General.
       (c) Matters to Be Included.--The plan required by 
     subsection (a) shall include a description of the following 
     matters relating to sustainability of the ANSF:
       (1) A clear, comprehensive and effective long-term strategy 
     and budget, with defined objectives.
       (2) A mechanism for tracking funding, including obligations 
     and expenditures, as well as equipment, training, and 
     services provided for the ANSF by the United States, 
     countries participating in the North Atlantic Treaty 
     Organization International Security Assistance Force (NATO-
     ISAF countries), and other international partners.
       (3) A comprehensive set of performance indicators and 
     measures of progress related to sustaining the ANSF, which 
     shall include performance standards and progress goals, 
     together with a notional timetable for achieving such goals.
       (4) Actions to achieve the following goals:
       (A) 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 (ANSF-
     sustaining institutions).
       (B) Fully-trained, equipped and capable ANSF in sufficient 
     numbers.
       (C) Strong ANSF-readiness assessment tools and metrics.
       (D) A strong core of senior-level ANSF officers.
       (E) Strong ANSF communication and control between central 
     command and regions, provinces, and districts.
       (F) A robust mentoring and advising program for the ANSF.
       (G) A strong professional military training and education 
     program for all junior, mid-level, and senior ANSF officials.

[[Page 12804]]

       (H) Effective merit-based salary, rank, promotion, and 
     incentive structures for the ANSF.
       (I) An established code of professional standards for the 
     ANSF.
       (J) A mechanism for incorporating lessons learned and best 
     practices into ANSF operations.
       (K) An ANSF personnel accountability system with effective 
     internal discipline procedures and mechanisms.
       (L) A system for addressing ANSF personnel complaints.
       (M) A strong record-keeping system to track ANSF equipment 
     and personnel issues, and other ANSF oversight mechanisms.
       (5) Coordination with all relevant United States Government 
     departments and agencies, 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) Update of Plan.--Not later than 90 days after the 
     submission of the plan required by subsection (a), and every 
     90 days thereafter, the Secretary of Defense, in coordination 
     with the Secretary of State and the Attorney General, shall 
     submit to the appropriate congressional committees an update 
     of the plan required by subsection (a), as necessary.
       (e) Concurrent Submission of Plan.--The plan required by 
     subsection (a), and any update of the plan required by 
     subsection (d), shall be submitted concurrently with the 
     report required by section 1232 of this Act (relating to 
     progress toward security and stability in Afghanistan).
       (f) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, the Committee on Foreign Affairs, and the 
     Committee on the Judiciary of the House of Representatives; 
     and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, the Committee on Foreign Relations, and the 
     Committee on the Judiciary of the Senate.

                       Subtitle D--Other Matters

     SEC. 1241. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS: 
                   NATO ORGANIZATIONS; ALLIED AND FRIENDLY FOREIGN 
                   COUNTRIES.

       Subsection (e) of section 2350a of title 10, United States 
     Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``an arms cooperation opportunities 
     document'' each place it appears and inserting ``a 
     cooperative opportunities document''; and
       (B) in subparagraph (B), by striking ``a Mission Need 
     Statement'' and inserting ``an analysis of alternatives 
     plan''; and
       (2) in paragraph (2), by striking ``An arms cooperation 
     opportunities document'' and inserting ``A cooperative 
     opportunities document''.

     SEC. 1242. 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.
       ``(G) The Secretary of Health and Human Services.
       ``(H) The Administrator of the Environmental Protection 
     Agency.''.
       (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, the Department of Health and Human 
     Services, the Environmental Protection Agency,''.
       (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 ``May 1 each year'' and inserting ``March 1 
     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. 1243. SENSE OF CONGRESS CONCERNING 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 is succeeding in meeting its stated 
     mission of providing professional education and training to 
     eligible military personnel, law enforcement officials, and 
     civilians of nations of the Western Hemisphere that support 
     the democratic principles set forth in the Charter of the 
     Organization of American States, while fostering mutual 
     knowledge, transparency, confidence, and cooperation among 
     the participating nations and promoting democratic values and 
     respect for human rights; and
       (2) therefore, the Institute is an invaluable education and 
     training facility which 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. 1244. SENSE OF CONGRESS CONCERNING THE STRATEGIC 
                   MILITARY CAPABILITIES AND INTENTIONS OF THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       It is the sense of Congress that--
       (1) United States military war-fighting capabilities are 
     potentially threatened by the strategic military capabilities 
     and intentions of the People's Republic of China, as 
     demonstrated by--
       (A) the October 2006 undetected broach of a Chinese SONG-
     class diesel-electric submarine in close proximity of the USS 
     Kitty Hawk in international waters; and
       (B) the January 2007 test of a direct ascent anti-satellite 
     (ASAT) weapon, posing a potential threat to United States 
     military assets in space;
       (2) it is in the national security interests of the United 
     States to make every effort to understand China's strategic 
     military capabilities and intentions; and
       (3) as part of such an effort, the Secretary of Defense 
     should expand efforts to develop an accurate assessment of 
     China's strategic military modernization, particularly with 
     regard to its sea- and space-based strategic capabilities.

  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. New initiatives for the Cooperative Threat Reduction 
              Program.
Sec. 1304. Requirements relating to chemical weapons destruction at 
              Shchuch'ye, Russia.
Sec. 1305. Repeal of restrictions on Cooperative Threat Reduction 
              Program.
Sec. 1306. Authority to use Cooperative Threat Reduction funds outside 
              the former Soviet Union.

     SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
                   PROGRAMS AND FUNDS.

       (a) Specification of CTR 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 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 
     note).
       (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 $398,000,000 
     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 the Russian 
     Federation, $77,900,000.
       (2) For nuclear weapons storage security in Russia, 
     $23,000,000.
       (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, 
     $38,000,000.
       (5) For biological weapons proliferation prevention in the 
     former Soviet Union, $144,400,000.
       (6) For chemical weapons destruction in Russia, 
     $42,700,000.
       (7) For defense and military contacts, $8,000,000.
       (8) For new Cooperative Threat Reduction initiatives that 
     are outside the scope of existing Cooperative Threat 
     Reduction programs and projects, $7,000,000.
       (9) For activities designated as Other Assessments/
     Administration costs, $19,300,000, of which $300,000 is to 
     expand staff capacity, capabilities, and resources necessary 
     for activities related to new Cooperative Threat Reduction 
     initiatives authorized under paragraph (8).
       (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.--

[[Page 12805]]

       (1) In general.--Subject to paragraphs (2) and (3), 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 any of the paragraphs in 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 any of the paragraphs in 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.
       (3) Restriction.--The Secretary may not, under the 
     authority provided in paragraph (1), obligate amounts for a 
     purpose stated in any of paragraphs (6) through (9) of 
     subsection (a) in excess of 125 percent of the specific 
     amount authorized for such purpose.

     SEC. 1303. 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) increase international security and threat reduction 
     cooperation, capacity building, and security and elimination 
     of nuclear, chemical, and biological weapons and weapons-
     related materials that pose a threat to United States 
     national security interests;
       (B) be well-coordinated with the Department of Energy, the 
     Department of State, and any other relevant United States 
     Government agency or department;
       (C) include robust transparency, accountability, 
     verification measures and mechanisms, and legal frameworks 
     between the United States and CTR partner countries;
       (D) reflect engagement with non-governmental experts, 
     including the National Academy of Sciences, on possible 
     options for strengthening and expanding the CTR Program;
       (E) include active 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 from Russia and other 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 evidence that the programs and 
     projects reflect national priorities and will be sustainable;
       (F) benefit from broad efforts to increase international 
     contributions, in addition to contributions from CTR partner 
     countries, for CTR programs and projects;
       (G) 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'', regarding safeguarding 
     nuclear warheads and materials;
       (H) demonstrate an increased focus on and development of 
     CTR programs and projects that eliminate and secure nuclear, 
     chemical, and biological weapons and weapons-related 
     materials at the source; and
       (I) include active efforts to expand the scope of existing 
     CTR programs and projects and develop new CTR programs and 
     projects in Russia and the former Soviet Union, and in 
     countries and regions outside the former Soviet Union, where 
     appropriate and in the interest of United States national 
     security; and
       (3) such new initiatives could include--
       (A) new CTR programs and projects in Asia and the Middle 
     East;
       (B) activities relating to the denuclearization of the 
     Democratic People's Republic on Korea and security of the 
     Korean peninsula; and
       (C) development of rapid-response and short-term 
     capabilities to respond to unforeseen contingencies or pursue 
     quickly emergent opportunities.
       (b) National Academy of Sciences Study.--
       (1) Study.--Not later than 30 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 each new CTR initiative described in 
     subsection (a); and
       (B) an identification of options and formulation of 
     recommendations for strengthening and expanding the CTR 
     Program.
       (c) Secretary of Defense Report.--
       (1) In general.--Not later than March 31, 2008, the 
     Secretary of Defense shall submit to the congressional 
     defense committees, and to the Committee on Foreign Relations 
     of the Senate and the Committee on Foreign Affairs of the 
     House of Representatives, a report on new CTR initiatives. 
     The report shall include--
       (A) the results of the study carried out under subsection 
     (b), including any report or other document received from the 
     National Academy of Sciences with respect to such study;
       (B) the Secretary's assessment of the study; and
       (C) a specific action plan for the development and 
     implementation of new CTR initiatives and the use of any 
     funds authorized and appropriated for fiscal year 2008 for 
     such initiatives, which shall include a discussion of each 
     new CTR initiative described in subsection (a) and the action 
     plan for implementing the recommendations, if any, of the 
     study carried out under subsection (b) that the Secretary has 
     decided to pursue.
       (2) Classification.--The report shall be in unclassified 
     form but may include a classified annex if necessary.
       (d) Funding.--Of the amounts made available pursuant to the 
     authorization of appropriations in section 301(19) for new 
     CTR initiatives under the CTR Program, $1,000,000 shall be 
     available to carry out this section.

     SEC. 1304. REQUIREMENTS RELATING TO CHEMICAL WEAPONS 
                   DESTRUCTION AT SHCHUCH'YE, RUSSIA.

       (a) Notice of Agreement Required.--
       (1) In general.--Not later than 30 days after the 
     commencement of negotiations for, or the signing and 
     finalization of, an agreement described in paragraph (2), the 
     Secretary of Defense shall provide the congressional defense 
     committees with formal written notice of the commencement of 
     negotiations for that agreement or the signing or 
     finalization of that agreement, as the case may be.
       (2) Agreement.--Paragraph (1) applies to any agreement with 
     the Russian Federation, the implementation of which would 
     have the effect of--
       (A) transferring to Russia any responsibilities relating to 
     the scope of work for the Shchuch'ye project that are, as of 
     the date of the enactment of this Act, responsibilities of 
     the Department of Defense; or
       (B) otherwise changing the implementation of the project in 
     any manner inconsistent with the purpose and intent of the 
     amounts authorized and appropriated for the project.
       (b) 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 on 
     the Shchuch'ye project. The report shall include--
       (1) a current and detailed cost estimate for completion of 
     the project; and
       (2) a specific strategic and operating plan for completion 
     of the project, which includes--
       (A) active engagement with Russia on securing appropriate 
     contractors and other matters relating to project completion;
       (B) a comprehensive assessment of alternative contracting 
     options;
       (C) robust Department project management and oversight, 
     including management and oversight with respect to the 
     performance of any contractors;
       (D) project quality assurance and sustainability measures, 
     including measures to ensure security of the chemical weapons 
     stockpile at the project site;
       (E) metrics for measuring project progress with a timetable 
     for achieving goals;
       (F) coordination of the Department's efforts relating to 
     the project with the Department of Energy and other 
     departments or agencies of the United States Government, 
     international partners, and non-governmental experts who may 
     be helpful in facilitating the project; and
       (G) a project completion date.
       (c) Submissions Required Before Implementation of 
     Agreement.--The Secretary of Defense may not implement any 
     agreement described in subsection (a)(2) until 90 days after 
     the date on which the Secretary has submitted to the 
     congressional defense committees all of the following:
       (1) The report required by subsection (b).
       (2) A copy of the signed and finalized agreement.
       (3) The Secretary's certification that the signed and 
     finalized agreement accomplishes each of the following:
       (A) Describes the respective responsibilities of the 
     Department and Russia relating to completion of the 
     Shchuch'ye project, including in the areas of management, 
     oversight, implementation, security, quality assurance, and 
     sustainability.
       (B) Specifies the date of project completion.
       (C) Provides the safeguards needed to ensure timely and 
     effective project completion.
       (D) Ensures that the chemical weapons stockpile at the 
     project site is secure.
       (d) Congressional Briefings.--The Secretary of Defense 
     shall supplement the report required by subsection (b) with 
     regular briefings to the congressional defense committees on 
     the subject matter of the report.
       (e) Definition.--In this section, the terms ``Shchuch'ye 
     project'' and ``project'' mean the Cooperative Threat 
     Reduction (CTR) Program chemical weapons destruction project 
     located in the area of Shchuch'ye in Russia.

     SEC. 1305. REPEAL OF RESTRICTIONS ON COOPERATIVE THREAT 
                   REDUCTION PROGRAM.

       (a) Soviet Nuclear Threat Reduction Act of 1991.--Section 
     211(b) of the Soviet Nuclear Threat Reduction Act of 1991 
     (title II of Public Law 102-228; 22 U.S.C. 2551 note) is 
     repealed.
       (b) Cooperative Threat Reduction Act of 1993.--Section 
     1203(d) of the Cooperative Threat Reduction Act of 1993 
     (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is 
     repealed.
       (c) Russian Chemical Weapons Destruction Facilities.--
     Section 1305 of the National Defense Authorization Act for 
     Fiscal Year 2000

[[Page 12806]]

     (Public Law 106-65; 22 U.S.C. 5952 note) is repealed.

     SEC. 1306. AUTHORITY TO USE COOPERATIVE THREAT REDUCTION 
                   FUNDS OUTSIDE THE FORMER SOVIET UNION.

       (a) Modification of Certification Requirement.--Section 
     1308 of the National Defense Authorization Act for Fiscal 
     Year 2004 (Public Law 108-136; 22 U.S.C. 5963) is amended in 
     subsection (a)--
       (1) by striking ``the President may'' and inserting ``the 
     Secretary of Defense may''; and
       (2) by striking ``if the President'' and inserting ``if the 
     Secretary of Defense, with the concurrence of the Secretary 
     of State,''.
       (b) Repeal of Funding Limitation.--Section 1308 of that Act 
     is further amended by striking subsection (c).
       (c) Congressional Notice Requirement.--Section 1308 of that 
     Act is further amended in subsection (d)--
       (1) in paragraph (1)--
       (A) by striking ``The President may not'' and inserting 
     ``The Secretary of Defense may not''; and
       (B) by striking ``until the President'' and inserting 
     ``until the Secretary of Defense'';
       (2) in paragraph (2)--
       (A) by striking ``Not later than 10 days after'' and 
     inserting ``Not later than 15 days prior to'';
       (B) by striking ``the President shall'' and inserting ``the 
     Secretary of Defense shall''; and
       (C) by striking ``Congress'' and inserting ``the Committee 
     on Armed Services and the Committee on Foreign Affairs of the 
     House of Representatives and the Committee on Armed Services 
     and Committee on Foreign Relations of the Senate''; and
       (3) by adding at the end the following:
       ``(3) In the case of a situation that threatens human life 
     or safety or where a delay would severely undermine the 
     national security of the United States, notification under 
     paragraph (2) shall be made not later than 10 days after 
     obligating funds under the authority in subsection (a) for a 
     project or activity.''.

                 TITLE XIV--WOUNDED WARRIOR ASSISTANCE

Sec. 1401. Definitions.

          Subtitle A--Improved Assistance for Wounded Warriors

Sec. 1411. Improvements to medical and dental care for members of the 
              Armed Forces assigned to hospitals in an outpatient 
              status.
Sec. 1412. Establishment of a Department of Defense-wide Ombudsman 
              Office.
Sec. 1413. Establishment of toll-free hot line for reporting 
              deficiencies in medical-related support facilities and 
              expedited response to reports of deficiencies.
Sec. 1414. Notification to Congress of hospitalization of combat 
              wounded service members.
Sec. 1415. Independent medical advocate for members before medical 
              evaluation boards.
Sec. 1416. Training and workload for physical evaluation board liaison 
              officers.
Sec. 1417. Standardized training program and curriculum for Department 
              of Defense disability evaluation system.
Sec. 1418. Improved training for health care professionals, medical 
              care case managers, and service member advocates on 
              particular conditions of recovering service members.
Sec. 1419. Pilot program to establish an Army Wounded Warrior Battalion 
              at an appropriate active duty base.
Sec. 1420. Criteria for removal of member from temporary disability 
              retired list.
Sec. 1421. Improved transition of members of the Armed Forces to 
              Department of Veterans Affairs upon retirement or 
              separation.
Sec. 1422. Establishment of Medical Support Fund for support of members 
              of the Armed Forces returning to military service or 
              civilian life.
Sec. 1423. Oversight Board for Wounded Warriors.
Sec. 1424. Option for members of reserve components to use military 
              medical treatment facilities closest to home for certain 
              injuries.
Sec. 1425. Plans and research for reducing post traumatic stress 
              disorder.

                    Subtitle B--Studies and Reports

Sec. 1431. Annual report on military medical facilities.
Sec. 1432. Access of recovering service members to adequate outpatient 
              residential facilities.
Sec. 1433. Evaluation and report on Department of Defense and 
              Department of Veterans Affairs disability evaluation 
              systems.
Sec. 1434. Study and report on support services for families of 
              recovering service members.
Sec. 1435. Report on traumatic brain injury classifications.
Sec. 1436. Evaluation of the Polytrauma Liaison Officer/Non-
              Commissioned Officer Program.
Sec. 1437. Study and report on standard soldier patient tracking 
              system.
Sec. 1438. Study and report on waiting periods for appointments at 
              Department of Veterans Affairs medical facilities.

                     Subtitle C--General Provisions

Sec. 1451. Moratorium on conversion to contractor performance of 
              Department of Defense functions at military medical 
              facilities.
Sec. 1452. Prohibition on transfer of resources from medical care.
Sec. 1453. Increase in physicians at hospitals of the Department of 
              Veterans Affairs.

     SEC. 1401. DEFINITIONS.

       In this title:
       (1) 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.
       (2) Disability evaluation system.--The term ``disability 
     evaluation system'' means the Department of Defense system or 
     process for evaluating the nature of and extent of 
     disabilities affecting members of the armed forces (other 
     than the Coast Guard) and comprised of medical evaluation 
     boards, physical evaluation boards, counseling of members, 
     and final disposition by appropriate personnel authorities, 
     as operated by the Secretaries of the military departments, 
     and, in the case of the Coast Guard, a similar system or 
     process operated by the Secretary of Homeland Security.
       (3) Family member.--The term ``family member'', with 
     respect to a recovering service member, has the meaning given 
     that term in section 411h(b) of title 37, United States Code.
       (4) 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, or is 
     otherwise in medical hold or holdover status, for an injury, 
     illness, or disease incurred or aggravated while on active 
     duty in the Armed Forces.
       (5) Medical care.--The term ``medical care'' includes 
     mental health care.

          Subtitle A--Improved Assistance for Wounded Warriors

     SEC. 1411. IMPROVEMENTS TO MEDICAL AND DENTAL CARE FOR 
                   MEMBERS OF THE ARMED FORCES ASSIGNED TO 
                   HOSPITALS IN AN OUTPATIENT STATUS.

       (a) Medical and Dental Care of Members Assigned to 
     Hospitals in an Outpatient Status.--
       (1) In general.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1074k the 
     following new section:

     ``Sec. 1074l. Management of medical and dental care: members 
       assigned to receive care in an outpatient status

       ``(a) Medical Care Case Managers.--(1) A member in an 
     outpatient status at a military medical treatment facility 
     shall be assigned a medical care case manager.
       ``(2)(A) The duties of the medical care case manager shall 
     include the following with respect to the member (or the 
     member's immediate family if the member is incapable of 
     making judgments about personal medical care):
       ``(i) To assist in understanding the member's medical 
     status.
       ``(ii) To assist in receiving prescribed medical care.
       ``(iii) To conduct a review, at least once a week, of the 
     member's medical status.
       ``(B) The weekly medical status review described in 
     subparagraph (A)(iii) shall be conducted in person with the 
     member. If such a review is not practicable, the medical care 
     case manager shall provide a written statement to the case 
     manager's supervisor indicating why an in-person medical 
     status review was not possible.
       ``(3)(A) Except as provided in subparagraph (B), each 
     medical care case manager shall be assigned to manage not 
     more than 17 members in an outpatient status.
       ``(B) The Secretary concerned may waive for up to 120 days 
     the requirement of subparagraph (A) if required due to 
     unforeseen circumstances.
       ``(4)(A) The medical care case manager office at each 
     facility shall be headed by a commissioned officer of 
     appropriate rank and appropriate military occupation 
     specialty, designator, or specialty code.
       ``(B) For purposes of subparagraph (A), an appropriate 
     military occupation specialty, designator, or specialty code 
     includes membership in 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 comprised of health care 
     professionals at the discretion of the Secretary of Defense.
       ``(5) The Secretary of Defense shall establish a standard 
     training program and curriculum for medical care case 
     managers. Successful completion of the training program is 
     required before a person may assume the duties of a medical 
     care case manager.
       ``(6) The Secretary concerned shall ensure that medical 
     care case managers have the resources necessary to ensure 
     that they expeditiously carry out the responsibilities and 
     duties of their position.
       ``(b) Service Member Advocate.--(1) A member in an 
     outpatient status shall be assigned a service member 
     advocate.
       ``(2) The duties of the service member advocate shall 
     include--
       ``(A) communicating with the member and with the member's 
     family or other individuals designated by the member;
       ``(B) assisting with oversight of the member's welfare and 
     quality of life; and
       ``(C) assisting the member in resolving problems involving 
     financial, administrative, personnel, transitional, and other 
     matters.

[[Page 12807]]

       ``(3)(A) Except as provided in subparagraph (B), each 
     service member advocate shall be assigned to not more than 30 
     members in an outpatient status.
       ``(B) The Secretary concerned may waive for up to 120 days 
     the requirement of subparagraph (A) if required due to 
     unforeseen circumstances.
       ``(4) The service member advocate office at each facility 
     shall be headed by a commissioned officer of appropriate rank 
     and appropriate military occupation specialty, designator, or 
     specialty code in order to handle service-specific personnel 
     and financial issues.
       ``(5) The Secretary of Defense shall establish a standard 
     training program and curriculum for service member advocates. 
     Successful completion of the training program is required 
     before a person may assume the duties of a service member 
     advocate.
       ``(6) A service member advocate shall continue to perform 
     the duties described in paragraph (2) with respect to a 
     member until the member is returned to duty or separated or 
     retired from the armed forces.
       ``(7) The Secretary concerned shall ensure that service 
     member advocates have the resources necessary to ensure that 
     they expeditiously carry out the responsibilities and duties 
     of their position.
       ``(c) Outreach.--The Secretary of Defense shall make 
     available to each member in an outpatient status at a 
     military medical treatment facility, and to the family 
     members of all such members, information on the availability 
     of services provided by the medical care case managers and 
     service member advocates, including information on how to 
     contact such managers and advocates and how to use their 
     services.
       ``(d) Semiannual Surveys by Secretaries Concerned.--The 
     Secretary concerned shall conduct a semiannual survey of 
     members in an outpatient status at installations under the 
     Secretary's supervision. The survey shall include, at a 
     minimum, the members' assessment of the quality of medical 
     care at the facility, the timeliness of medical care at the 
     facility, the adequacy of living facilities and other quality 
     of life programs, the adequacy of case management support, 
     and the fairness and timeliness of the physical disability 
     evaluation system. The survey shall be conducted in 
     coordination with installation medical commanders and 
     authorities, and shall be coordinated with such commanders 
     and authorities before submission to the Secretary.
       ``(e) Definitions.--In this section:
       ``(1) The term `member in an outpatient status' means a 
     member of the armed forces assigned to a military medical 
     treatment facility as an outpatient or to a unit established 
     for the purpose of providing command and control of members 
     receiving medical care as outpatients.
       ``(2) The term `disability evaluation system' means the 
     Department of Defense system or process for evaluating the 
     nature of and extent of disabilities affecting members of the 
     armed forces (other than the Coast Guard) and comprised of 
     medical evaluation boards, physical evaluation boards, 
     counseling of members, and final disposition by appropriate 
     personnel authorities, as operated by the Secretaries of the 
     military departments, and, in the case of the Coast Guard, a 
     similar system or process operated by the Secretary of 
     Homeland Security.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1074l. Management of medical and dental care: members assigned to 
              receive care in an outpatient status.''.
       (b) Effective Date.--Section 1074l of title 10, United 
     States Code, as added by subsection (a), shall take effect 
     180 days after the date of the enactment of this Act.

     SEC. 1412. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE-WIDE 
                   OMBUDSMAN OFFICE.

       (a) Establishment.--The Secretary of Defense shall 
     establish a Department of Defense-wide Ombudsman Office (in 
     this section referred to as the ``Ombudsman Office'') within 
     the Office of the Secretary of Defense.
       (b) Functions.--
       (1) In general.--The functions of the Ombudsman Office are 
     to provide policy guidance to, and oversight of, the 
     ombudsman offices in the military departments.
       (2) Policy guidance.--The Ombudsman Office shall develop 
     policy guidance with respect to the following:
       (A) Providing assistance to and answering questions from 
     recovering service members and their families regarding--
       (i) administrative processes, financial matters, and non-
     military related services available to the members and their 
     families throughout the member's evaluation, treatment, and 
     recovery;
       (ii) transfer to the care of the Department of Veterans 
     Affairs; and
       (iii) support services available upon the member's return 
     home.
       (B) Accountability standards, including--
       (i) creating and maintaining case files for individual 
     specific questions received, and initiating inquiries and 
     tracking responses for all such questions;
       (ii) setting standards for timeliness of responses; and
       (iii) setting standards for accountability to recovering 
     service members and their families, including requirements 
     for daily updates to the members and their families about 
     steps being taken to alleviate problems and concerns until 
     problems are addressed.
       (c) Status Reports.--The ombudsman office in each military 
     department shall submit status reports of actions taken to 
     address individual concerns to the Ombudsman Office, at such 
     times as the Ombudsman Office considers appropriate.
       (d) Responses From Other Offices.--The Secretary of Defense 
     shall ensure that all other offices within the Department of 
     Defense and the military departments respond in a timely 
     manner to resolve questions and requests from the Ombudsman 
     Office on behalf of recovering service members and their 
     families, including offices responsible for medical matters 
     (including medical holdover processes), financial and 
     accounting matters, legal matters, human resources matters, 
     reserve component matters, installation and management 
     matters, and physical disability matters.
       (e) Staff of the Office.--The staff of the Ombudsman Office 
     shall include representatives from each military department, 
     including persons with experience in medical holdover 
     processes and other medical matters.

     SEC. 1413. ESTABLISHMENT OF TOLL-FREE HOT LINE FOR REPORTING 
                   DEFICIENCIES IN MEDICAL-RELATED SUPPORT 
                   FACILITIES AND EXPEDITED RESPONSE TO REPORTS OF 
                   DEFICIENCIES.

       (a) Establishment.--Chapter 80 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1567. Identification and investigation of deficiencies 
       in adequacy, quality, and state of repair of medical-
       related support facilities

       ``(a) Toll-Free Hot Line.--The Secretary of Defense shall 
     establish and maintain a toll-free telephone number (commonly 
     referred to as a `hot line') at which personnel are 
     accessible at all times to collect, maintain, and update 
     information regarding possible deficiencies in the adequacy, 
     quality, and state of repair of medical-related support 
     facilities. The Secretary shall widely disseminate 
     information regarding the existence and availability of the 
     toll-free telephone number to members of the armed forces and 
     their dependents.
       ``(b) Confidentiality.--(1) Individuals who seek to provide 
     information through use of the toll-free telephone number 
     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) 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 conducting the investigation or 
     executing the response plan required by subsection (c) may 
     not disclose the identity of the individual who provided the 
     information.
       ``(c) Investigation and Response Plan.--Not later than 96 
     hours after a report of deficiencies in the adequacy, 
     quality, or state of repair of a medical-related support 
     facility is received by way of the toll-free telephone number 
     or other source, the Secretary of Defense shall ensure that--
       ``(1) the deficiencies referred to in the report are 
     investigated; and
       ``(2) if substantiated, a plan of action for remediation of 
     the deficiencies is developed and implemented.
       ``(d) Relocation.--If the Secretary of Defense determines, 
     on the basis of the investigation conducted in response to a 
     report of deficiencies at a medical-related support facility, 
     that conditions at the facility violate health and safety 
     standards, the Secretary shall relocate the occupants of the 
     facility while the violations are corrected.
       ``(e) Medical-Related Support Facility Defined.--In this 
     section, the term `medical-related support facility' means 
     any facility of the Department of Defense that provides 
     support to any of the following:
       ``(1) Members of the armed forces admitted for treatment to 
     a military medical treatment facility.
       ``(2) Members of the armed forces assigned to a military 
     medical treatment facility as an outpatient.
       ``(3) Family members accompanying any member described in 
     paragraph (1) or (2) as a nonmedical attendant.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1567. Identification and investigation of deficiencies in adequacy, 
              quality, and state of repair of medical-related support 
              facilities.''.
       (c) Effective Date.--The toll-free telephone number 
     required to be established by section 1567 of title 10, 
     United States Code, as added by subsection (a), shall be 
     fully operational not later than 180 days after the date of 
     the enactment of this Act.

     SEC. 1414. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF 
                   COMBAT WOUNDED SERVICE MEMBERS.

       (a) Notification Required.--Chapter 55 of title 10, United 
     States Code, is further amended by inserting after section 
     1074l the following new section:

     ``Sec. 1074m. 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 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

[[Page 12808]]

     about whom notification is being made, means the Senators and 
     the Members of the House of Representatives representing the 
     States or districts, respectively, that include the member's 
     home of record and, if different, the residence of the next 
     of kin, 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.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1074m. Notification to Congress of hospitalization of combat wounded 
              members.''.

     SEC. 1415. INDEPENDENT MEDICAL ADVOCATE FOR MEMBERS BEFORE 
                   MEDICAL EVALUATION BOARDS.

       (a) Assignment of Independent Medical Advocate.--Section 
     1222 of title 10, United States Code, is amended by adding at 
     the end the following new subsection:
       ``(d) Independent Medical Advocate for Members Before 
     Medical Evaluation Boards.--(1) The Secretary of each 
     military department shall ensure, in the case of any member 
     of the armed forces being considered by a medical evaluation 
     board under that Secretary's supervision, that the member has 
     access to a physician or other appropriate health care 
     professional who is independent of the medical evaluation 
     board.
       ``(2) The physician or other health care professional 
     assigned to a member shall--
       ``(A) serve as an advocate for the best interests of the 
     member; and
       ``(B) provide the member with advice and counsel regarding 
     the medical condition of the member and the findings and 
     recommendations of the medical evaluation board.''.
       (b) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 1222. Physical evaluation boards and medical 
       evaluation boards''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 61 of such title is amended by striking 
     the item relating to section 1222 and inserting the following 
     new item:

``1222. Physical evaluation boards and medical evaluation boards.''.
       (c) Effective Date.--Subsection (d) of section 1222 of 
     title 10, United States Code, as added by subsection (a), 
     shall apply with respect to medical evaluation boards 
     convened after the end of the 180-day period beginning on the 
     date of the enactment of this Act.

     SEC. 1416. TRAINING AND WORKLOAD FOR PHYSICAL EVALUATION 
                   BOARD LIAISON OFFICERS.

       (a) Requirements.--Section 1222(b) of title 10, United 
     States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``establishing--'' and all that follows 
     through ``a requirement'' and inserting ``establishing a 
     requirement''; and
       (B) by striking ``that Secretary; and'' and all that 
     follows through the end of subparagraph (B) and inserting 
     ``that Secretary. A physical evaluation board liaison officer 
     may not be assigned more than 20 members at any one time, 
     except that the Secretary concerned may authorize the 
     assignment of additional members, for not more than 120 days, 
     if required due to unforeseen circumstances.'';
       (2) in paragraph (2), by inserting after ``(2)'' the 
     following new sentences: ``The Secretary of Defense shall 
     establish a standardized training program and curriculum for 
     physical evaluation board liaison officers. Successful 
     completion of the training program is required before a 
     person may assume the duties of a physical evaluation board 
     liaison officer.''; and
       (3) by adding at the end the following new paragraph:
       ``(3) In this subsection, the term `physical evaluation 
     board liaison officer' includes any person designated as, or 
     assigned the duties of, an assistant to a physical evaluation 
     board liaison officer.''.
       (b) Effective Date.--The limitation on the maximum number 
     of members of the Armed Forces who may be assigned to a 
     physical evaluation board liaison officer shall take effect 
     180 days after the date of the enactment of this Act. The 
     training program and curriculum for physical evaluation board 
     liaison officers shall be implemented not later than 180 days 
     after the date of the enactment of this Act.

     SEC. 1417. STANDARDIZED TRAINING PROGRAM AND CURRICULUM FOR 
                   DEPARTMENT OF DEFENSE DISABILITY EVALUATION 
                   SYSTEM.

       (a) Training Program Required.--Section 1216 of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(e)(1) The Secretary of Defense shall establish a 
     standardized training program and curriculum for persons 
     described in paragraph (2) who are involved in the disability 
     evaluation system. The training under the program shall be 
     provided as soon as practicable in coordination with other 
     training associated with the responsibilities of the person.
       ``(2) Persons covered by paragraph (1) include--
       ``(A) Commanders.
       ``(B) Enlisted members who perform supervisory functions.
       ``(C) Health care professionals.
       ``(D) Others persons with administrative, professional, or 
     technical responsibilities in the disability evaluation 
     system.
       ``(3) In this subsection, the term `disability evaluation 
     system' means the Department of Defense system or process for 
     evaluating the nature of and extent of disabilities affecting 
     members of the armed forces (other than the Coast Guard) and 
     comprised of medical evaluation boards, physical evaluation 
     boards, counseling of members, and final disposition by 
     appropriate personnel authorities, as operated by the 
     Secretaries of the military departments, and, in the case of 
     the Coast Guard, a similar system or process operated by the 
     Secretary of Homeland Security.''.
       (b) Effective Date.--The standardized training program and 
     curriculum required by subsection (e) of section 1216 of 
     title 10, United States Code, as added by subsection (a), 
     shall be established not later than 180 days after the date 
     of the enactment of this Act.

     SEC. 1418. IMPROVED TRAINING FOR HEALTH CARE PROFESSIONALS, 
                   MEDICAL CARE CASE MANAGERS, AND SERVICE MEMBER 
                   ADVOCATES ON PARTICULAR CONDITIONS OF 
                   RECOVERING SERVICE MEMBERS.

       (a) Recommendations.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate congressional committees a report 
     setting forth recommendations for the improvement of the 
     training provided to health care professionals, medical care 
     case managers, and service member advocates who provide care 
     for or assistance to recovering service members. The 
     recommendations shall include, at a minimum, specific 
     recommendations to ensure that such health care 
     professionals, medical care case managers, and service member 
     advocates are adequately trained and able to 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 make prompt notification to the appropriate health care 
     professionals.
       (b) Annual Review of Training.--Not later than 180 days 
     after the date of the enactment of this Act and annually 
     thereafter throughout the global war on terror, the Secretary 
     shall submit to the appropriate congressional committees a 
     report on the following:
       (1) The progress made in providing the training recommended 
     under subsection (a).
       (2) The quality of training provided to health care 
     professionals, medical care case managers, and service member 
     advocates, and the number of such professionals, managers, 
     and advocates trained.
       (3) The progress made in developing the tracking system 
     under subsection (c) and the results of the system.
       (c) Tracking System.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall 
     develop a system to track the number of notifications made by 
     medical care case managers and service member advocates to 
     health care professionals regarding early warning signs of 
     post-traumatic stress disorder and suicide in recovering 
     service members assigned to the managers and advocates.

     SEC. 1419. PILOT PROGRAM TO ESTABLISH AN ARMY WOUNDED WARRIOR 
                   BATTALION AT AN APPROPRIATE ACTIVE DUTY BASE.

       (a) Pilot Program Required.--
       (1) Establishment.--The Secretary of the Army shall 
     establish a pilot program, at an appropriate active duty base 
     with a major medical facility, based on the Wounded Warrior 
     Regiment program of the Marine Corps. The pilot program shall 
     be known as the Army Wounded Warrior Battalion.
       (2) Purpose.--Under the pilot program, the Battalion shall 
     track and assist members of the Armed Forces in an outpatient 
     status who are still in need of medical treatment through--
       (A) the course of their treatment;
       (B) medical and physical evaluation boards;
       (C) transition back to their parent units; and
       (D) medical retirement and subsequent transition into the 
     Department of Veterans Affairs medical system.
       (3) Organization.--The commanding officer of the Battalion 
     shall be selected by the Army Chief of Staff and shall be a 
     post-command, at O-5 or O-5 select, with combat experience in 
     Operation Iraqi Freedom or Operation Enduring Freedom. The 
     chain-of-command shall be filled by previously wounded junior 
     officers and non-commissioned officers when available and 
     appropriate.
       (4) Facilities.--The base selected for the pilot program 
     shall provide adequate physical infrastructure to house the 
     Army Wounded Warrior Battalion. Any funds necessary for 
     construction or renovation of existing facilities shall be 
     allocated from the Department of Defense Medical Support Fund 
     established under this title.
       (5) Coordination.--The Secretary of the Army shall consult 
     with appropriate Marine Corps counterparts to ensure 
     coordination of best practices and lessons learned.
       (6) Period of pilot program.--The pilot program shall be in 
     effect for a period of one year.
       (b) Reporting Requirement.--Not later than 90 days after 
     the end of the one-year period for the pilot project, the 
     Secretary of the Army shall submit to Congress a report 
     containing--
       (1) an evaluation of the results of the pilot project;
       (2) an assessment of the Army's ability to establish 
     Wounded Warrior Battalions at other major Army bases.
       (3) recommendations regarding--

[[Page 12809]]

       (A) the adaptability of the Wounded Warrior Battalion 
     concept for the Army's larger wounded population; and
       (B) closer coordination and sharing of resources with 
     counterpart programs of the Marine Corps.
       (c) Effective Date.--The pilot program required by this 
     section shall be implemented not later than 180 days after 
     the date of the enactment of this Act.

     SEC. 1420. CRITERIA FOR REMOVAL OF MEMBER FROM TEMPORARY 
                   DISABILITY RETIRED LIST.

       (a) Criteria.--Section 1210(e) of title 10, United States 
     Code, is amended by inserting ``of a permanent nature and 
     stable and is'' after ``physical disability is''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to any case received for consideration by a 
     physical evaluation board after the date of the enactment of 
     this Act.

     SEC. 1421. IMPROVED TRANSITION OF MEMBERS OF THE ARMED FORCES 
                   TO DEPARTMENT OF VETERANS AFFAIRS UPON 
                   RETIREMENT OR SEPARATION.

       (a) Transition of Members Separated or Retired.--
       (1) Transition process.--Chapter 58 of title 10, United 
     States Code, is amended by inserting after section 1142 the 
     following new section:

     ``Sec. 1142a. Process for transition of members to health 
       care and physical disability systems of Department of 
       Veterans Affairs

       ``(a) Transition Plan.--(1) The Secretary of Defense shall 
     ensure that each member of the armed forces who is being 
     separated or retired under chapter 61 of this title receives 
     a written transition plan that--
       ``(A) specifies the recommended schedule and milestones for 
     the transition of the member from military service; and
       ``(B) provides for a coordinated transition of the member 
     from the Department of Defense disability system to the 
     Department of Veterans Affairs.
       ``(2) A member being separated or retired under chapter 61 
     of this title shall receive the transition plan before the 
     separation or retirement date of the member.
       ``(3) The transition plan for a member under this 
     subsection shall include information and guidance designed to 
     assist the member in understanding and meeting the schedule 
     and milestones for the member's transition.
       ``(b) Formal Transition Process.--(1) The Secretary of 
     Defense, in cooperation with the Secretary of Veterans 
     Affairs, shall establish a formal process for the transmittal 
     to the Secretary of Veterans Affairs of the records and other 
     information described in paragraph (2) as part of the 
     separation or retirement of a member of the armed forces 
     under chapter 61 of this title.
       ``(2) The records and other information to be transmitted 
     under paragraph (1) with respect to a member shall include, 
     at a minimum, the following:
       ``(A) The member's address and contact information.
       ``(B) The member's DD-214 discharge form, which shall be 
     transmitted electronically.
       ``(C) A copy of the member's service record, including 
     medical records and any results of a Physical Evaluation 
     Board.
       ``(D) Whether the member is entitled to transitional health 
     care, a conversion health policy, or other health benefits 
     through the Department of Defense under section 1145 of this 
     title.
       ``(E) Any requests by the 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 member may be eligible 
     under laws administered by the Secretary of Veterans Affairs.
       ``(F) Any requests by the member for assistance in applying 
     for, or completed applications for, compensation and 
     vocational rehabilitation benefits to which the member may be 
     entitled under laws administered by the Secretary of Veterans 
     Affairs, if the member is being medically separated or is 
     being retired under chapter 61 of this title.
       ``(3) The transmittal of information under paragraph (1) 
     may be subject to the consent of the member, as required by 
     statute.
       ``(4) With the consent of the member, the member's address 
     and contact information shall also be submitted to the 
     department or agency for veterans affairs of the State in 
     which the member intends to reside after the separation or 
     retirement of the member.
       ``(c) Meeting.--(1) The formal process required by 
     subsection (b) for the transmittal of records and other 
     information with respect to a member shall include a meeting 
     between representatives of the Secretary concerned and the 
     Secretary of Veterans Affairs, which shall take place at a 
     location designated by the Secretaries. The member shall be 
     informed of the meeting at least 30 days in advance of the 
     meeting, except that the member may waive the notice 
     requirement in order to accelerate transmission of the 
     member's records and other information to the Department of 
     Veterans Affairs.
       ``(2) A member shall be given an opportunity to submit a 
     written statement for consideration by the Secretary of 
     Veterans Affairs.
       ``(d) Time for Transmittal of Records.--The Secretary 
     concerned shall provide for the transmittal to the Department 
     of Veterans Affairs of records and other information with 
     respect to a member at the earliest practicable date. In no 
     case should the transmittal occur later than the date of the 
     separation or retirement of the member.
       ``(e) Armed Forces.--In this section, the term `armed 
     forces' means the Army, Navy, Air Force, and Marine Corps.''.
       (2) Table of sections.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1142 the following new item:

``1142a. Process for transition of members to health care and physical 
              disability systems of Department of Veterans Affairs.''.
       (b) Uniform Separation and Evaluation Physical.--Section 
     1145 of such title is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Uniform Separation and Evaluation Physical.--The 
     joint separation and evaluation physical, as described in DD-
     2808 and DD-2697, shall be used by the Secretary of Defense 
     in connection with the medical separation or retirement of 
     all members of the armed forces, including members separated 
     or retired under chapter 61 of this title. The Secretary of 
     Veterans Affairs shall adopt the same separation and 
     evaluation physical for use by the Department of Veterans 
     Affairs.''.
       (c) Interoperability of Critical Medical Information and 
     Bi-Directional Access.--
       (1) Interoperability and access improvement.--The Secretary 
     of Defense and Secretary of Veterans Affairs shall jointly 
     establish and implement a process to ensure an interoperable, 
     bi-directional, real-time exchange of critical medical 
     information between the Department of Defense and the 
     Department of Veterans Affairs.
       (2) Critical medical information defined.--In this 
     subsection, the term ``critical medical information'' 
     includes, at a minimum, outpatient notes, clinical notes, 
     radiographs, laboratory data, information regarding 
     medications, operation notes, narrative summaries, and 
     discharge summaries.
       (d) Co-Location of VA Benefit Teams.--
       (1) Co-location.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly determine the 
     optimal locations for the deployment of Department of 
     Veterans Affairs benefits team to support recovering service 
     members assigned to military medical treatment facilities, 
     medical-related support facilities, and community-based 
     health care organizations.
       (2) Military medical treatment facility defined.--In this 
     subsection, the term ``medical-related support facility'' has 
     the meaning given that term in subsection (b) of section 492 
     of title 10, United States Code, as added by section 1431(a).
       (e) Repeal of Superseded Chapter 61 Medical Record 
     Transmittal Requirement.--
       (1) Repeal.--Section 1142 of such title is amended by 
     striking subsection (c).
       (2) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 1142. Preseparation counseling''.

       (3) Table of sections.--The table of sections at the 
     beginning of chapter 58 of such title is amended by striking 
     the item relating to section 1142 and inserting the following 
     new item:

``1142. Preseparation counseling.''.
       (f) Effective Dates.--Section 1142a of title 10, United 
     States Code, as added by subsection (a), and subsection (d) 
     of section 1145 of such title, as added by subsection (b), 
     shall apply with respect to members of the Armed Forces who 
     are separated or retired from the Armed Forces on or after 
     the first day of the eighth month beginning after the date of 
     the enactment of this Act. The requirements of subsections 
     (c) and (d), and the amendments made by subsection (e), shall 
     take effect on the first day of such eighth month.

     SEC. 1422. ESTABLISHMENT OF MEDICAL SUPPORT FUND FOR SUPPORT 
                   OF MEMBERS OF THE ARMED FORCES RETURNING TO 
                   MILITARY SERVICE OR CIVILIAN LIFE.

       (a) Establishment and Purpose.--There is established on the 
     books of the Treasury a fund to be known as the Department of 
     Defense Medical Support Fund (hereinafter in this section 
     referred to as the ``Fund''), which shall be administered by 
     the Secretary of the Treasury.
       (b) Purposes.--The Fund shall be used--
       (1) to support programs and activities relating to the 
     medical treatment, care, rehabilitation, recovery, and 
     support of wounded and injured members of the Armed Forces 
     and their return to military service or transition to 
     civilian society; and
       (2) to support programs and facilities intended to support 
     the families of wounded and injured members of the Armed 
     Forces.
       (c) Assets of Fund.--There shall be deposited into the Fund 
     any amount appropriated to the Fund, which shall constitute 
     the assets of the Fund.
       (d) Transfer of Funds.--
       (1) Authority to transfer.--The Secretary of Defense may 
     transfer amounts in the Fund to appropriations accounts for 
     military personnel; operation and maintenance; procurement; 
     research, development, test, and evaluation; military 
     construction; and the Defense Health Program. Amounts so 
     transferred shall be merged with and available for the same 
     purposes and for the same time period as the appropriation 
     account to which transferred.
       (2) Addition to other authority.--The transfer authority 
     provided in paragraph (1) is in addition to any other 
     transfer authority available to the Department of Defense. 
     Upon a

[[Page 12810]]

     determination that all or part of the amounts transferred 
     from the Fund are not necessary for the purposes for which 
     transferred, such amounts may be transferred back to the 
     Fund.
       (3) Notification.--The Secretary of Defense shall, not 
     fewer than five days before making a transfer from the Fund, 
     notify the congressional defense committees in writing of the 
     details of the transfer. The Secretary shall provide an 
     summary of transfers from the Fund during a fiscal year in 
     the defense budget materials accompanying the budget for that 
     fiscal year submitted by the President under section 1105(a) 
     of title 31, United States Code.
       (e) Wounded Warrior Regiment Program.--The Secretary of 
     Defense shall ensure that $10,000,000 for fiscal year 2008 is 
     transferred from the Medical Support Fund to support 
     programs, activities, and facilities associated with the 
     Marine Corps Wounded Warrior Regiment program, to be used as 
     follows:
       (1) $6,550,000 for Case Management and Patient Support.
       (2) $1,200,000 for Wounded Warrior Interim Regimental 
     Headquarters Building conversion.
       (3) $1,300,000 for Case Management System Development.
       (4) $95,000 for Support Equipment.
       (f) Funding.--Of the amounts authorized to be appropriated 
     pursuant to section 421 for military personnel accounts, 
     $50,000,000 is authorized for the Department of Defense 
     Medical Support Fund. Such funds shall remain available 
     through September 30, 2008.

     SEC. 1423. OVERSIGHT BOARD FOR WOUNDED WARRIORS.

       (a) Establishment.--There is hereby established a board to 
     be known as the Oversight Board for Wounded Warriors (in this 
     section referred to as the ``Oversight Board'').
       (b) Composition.--The Oversight Board shall be composed of 
     12 members, of whom--
       (1) two shall be appointed by the majority leader of the 
     Senate;
       (2) two shall be appointed by the minority leader of the 
     Senate;
       (3) two shall be appointed by the Speaker of the House of 
     Representatives;
       (4) two shall be appointed by the minority leader of the 
     House of Representatives;
       (5) two shall be appointed by the Secretary of Veterans 
     Affairs; and
       (6) two shall be appointed by the Secretary of Defense.
       (c) Qualifications.--All members of the Oversight Board 
     shall have sufficient knowledge of, or experience with, the 
     military healthcare system, the disability evaluation system, 
     or the experience of a recovering service member or family 
     member of a recovering service member.
       (d) Appointment.--
       (1) Term.--Each member of the Oversight Board shall be 
     appointed for a term of three years. A member may be 
     reappointed for one or more additional terms.
       (2) Vacancies.--Any vacancy in the Oversight Board shall be 
     filled in the same manner in which the original appointment 
     was made.
       (e) Duties.--
       (1) Advice and consultation.--The Oversight Board shall 
     provide advice and consultation to the Secretary of Defense 
     and the Committees on Armed Services of the Senate and the 
     House of Representatives regarding--
       (A) the process for streamlining the disability evaluation 
     systems of the military departments;
       (B) the process for correcting and improving the ratios of 
     case managers and service member advocates to recovering 
     service members;
       (C) the need to revise Department of Defense policies to 
     improve the experience of recovering service members while 
     under Department of Defense care;
       (D) the need to revise Department of Defense policies to 
     improve counseling, outreach, and general services provided 
     to family members of recovering service members;
       (E) the need to revise Department of Defense policies 
     regarding the provision of quality lodging to recovering 
     service members; and
       (F) such other matters relating to the evaluation and care 
     of recovering service members, including evaluation under 
     disability evaluation systems, as the Board considers 
     appropriate.
       (2) Visits to military medical treatment facilities.--In 
     carrying out its duties, each member of the Oversight Board 
     shall visit not less than three military medical treatment 
     facilities each year, and the Board shall conduct each year 
     one meeting of all the members of the Board at a military 
     medical treatment facility.
       (f) Staff.--The Secretary shall make available the services 
     of at least two officials or employees of the Department of 
     Defense to provide support and assistance to members of the 
     Oversight Board.
       (g) Travel Expenses.--Members of the Oversight Board shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of service for the Oversight 
     Board.
       (h) Annual Reports.--The Oversight Board shall submit to 
     the Secretary of Defense and the Committees on Armed Services 
     of the Senate and the House of Representatives each year a 
     report on its activities during the preceding year, including 
     any findings and recommendations of the Oversight Board as a 
     result of such activities.

     SEC. 1424. OPTION FOR MEMBERS OF RESERVE COMPONENTS TO USE 
                   MILITARY MEDICAL TREATMENT FACILITIES CLOSEST 
                   TO HOME FOR CERTAIN INJURIES.

       The Secretary of Defense shall expand the opportunities for 
     recovering service members of the reserve components to 
     receive treatment on an outpatient basis at a military 
     medical treatment facility or other location designated by 
     the Secretary closest to the member's home rather than 
     closest to the base from which the member was deployed.

     SEC. 1425. PLANS AND RESEARCH FOR REDUCING POST TRAUMATIC 
                   STRESS DISORDER.

       (a) Plans for Reducing Post Traumatic Stress Disorder.--
       (1) Plan for prevention.--
       (A) In general.--The Secretary of Defense shall develop a 
     plan to incorporate 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 
     psychopathologies (including substance use conditions) into--
       (i) basic and pre-deployment training for enlisted members 
     of the Armed Forces, noncommissioned officers, and officers;
       (ii) combat theater operations; and
       (iii) post-deployment service.
       (B) Updates.--The Secretary of Defense shall update the 
     plan under subparagraph (A) periodically to incorporate, as 
     the Secretary considers appropriate, the results of relevant 
     research, including research conducted pursuant to subsection 
     (b).
       (2) Research.--Subject to subsection (b), the Secretary of 
     Defense shall develop a plan, in consultation with the 
     Department of Veterans Affairs, the National Institutes of 
     Health, and the National Academy of Sciences, to conduct such 
     research as is necessary to develop the plan described in 
     paragraph (1).
       (b) Evidence-Based Research and Training.--
       (1) Working group.--The Secretary of Defense shall conduct 
     a study, in coordination with the Department of Veterans 
     Affairs, the National Institutes of Health, and the National 
     Academy of Sciences' Institute of Medicine, to determine the 
     feasibility of establishing a working group tasked with 
     researching and developing evidence-based measures, 
     practices, or procedures that reduce the likelihood that 
     personnel in combat will develop post-traumatic stress 
     disorder or other stress-related psychological pathologies 
     (including substance use conditions). The working group shall 
     include personnel with experience in a combat theater, and 
     behavioral health personnel who have experience providing 
     treatment to individuals with experience in a combat theater.
       (2) Peer-reviewed research program.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to Congress a plan for a 
     peer-reviewed research program within the Defense Health 
     Program's research and development function to research and 
     develop 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 psychopathologies (including 
     substance use conditions).
       (c) Report.--The Secretary of Defense shall submit to 
     Congress a report on the plans and studies required under 
     this section.

                    Subtitle B--Studies and Reports

     SEC. 1431. ANNUAL REPORT ON MILITARY MEDICAL FACILITIES.

       (a) In General.--
       (1) Report requirement.--Chapter 23 of title 10, United 
     States Code, as amended by this Act, is further amended by 
     adding at the end the following new section:

     ``Sec. 492. Annual report on military medical facilities

       ``(a) 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, 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, suitability, and quality of medical facilities and 
     medical-related support facilities at each military 
     installation within the Department of Defense.
       ``(b) Response to Hot-Line Information.--The Secretary of 
     Defense 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 maintained pursuant 
     to section 1567 of this title; and
       ``(2) the investigations conducted and plans of action 
     prepared under such section to respond to such deficiencies.
       ``(c) Medical-Related Support Facility.--In this section, 
     the term `medical-related support facility' is any facility 
     of the Department of Defense that provides support to any of 
     the following:
       ``(1) Members of the armed forces admitted for treatment to 
     military medical treatment facilities.
       ``(2) Members of the armed forces assigned to military 
     medical treatment facilities as an outpatient.
       ``(3) Family members accompanying any member described in 
     paragraph (1) or (2) as a nonmedical attendant.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``492. Annual report on military medical facilities.''.
       (b) Effective Date.--The first report under section 492 of 
     title 10, United States Code, as

[[Page 12811]]

     added by subsection (a), shall be submitted not later than 
     the date of submission of the budget for fiscal year 2009.

     SEC. 1432. 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, the Oversight Board for Wounded 
     Warriors established pursuant to section 1423, and the 
     appropriate congressional committees; and
       (2) post each such report on the Internet website of such 
     regional medical command.

     SEC. 1433. EVALUATION AND REPORT ON DEPARTMENT OF DEFENSE AND 
                   DEPARTMENT OF VETERANS AFFAIRS DISABILITY 
                   EVALUATION SYSTEMS.

       (a) Evaluation.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall conduct a joint evaluation of the 
     disability evaluation systems used by the Department of 
     Defense and the Department of Veterans Affairs for the 
     purpose of--
       (1) improving the consistency of the two disability 
     evaluation systems; and
       (2) evaluating the feasibility of, and potential options 
     for, consolidating the two systems.
       (b) Relation to Veterans' Disability Benefits Commission.--
     In conducting the evaluation of the disability evaluation 
     systems used by the Department of Defense and the Department 
     of Veterans Affairs, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall consider the findings and 
     recommendations of the Veterans' Disability Benefits 
     Commission established pursuant to title XV of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 38 U.S.C. 1101 note).
       (c) Report.--Not later than 180 days after the date of the 
     submission of the final report of the Veterans' Disability 
     Benefits Commission, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall submit to Congress a 
     report containing--
       (1) the results of the evaluation; and
       (2) the recommendations of the Secretaries for improving 
     the consistency of the two disability evaluation systems and 
     such other recommendations as the Secretaries consider 
     appropriate.

     SEC. 1434. 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 that 
     are currently provided by the Department of Defense to family 
     members described in subsection (c), 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 job placement services offered by the 
     Department of Defense to any family member caring for a 
     recovering service member for more than 45 days during a one-
     year period.
       (C) The provision of meals without charge at military 
     medical treatment facilities.
       (3) A survey of military medical treatment facilities to 
     estimate the number of family members to whom the support 
     services would be provided.
       (4) A determination of any discrimination in employment 
     that such family members experience, including denial of 
     retention in employment, promotion, or any benefit of 
     employment by an employer on the basis of the person's 
     absence from employment as described in subsection (c), and a 
     determination, in consultation with the Secretary of Labor, 
     of the options available for such family members.
       (c) Covered Family Members.--A family member described in 
     this subsection is a family member of a recovering service 
     member who is--
       (1) on invitational orders while caring for the recovering 
     service member;
       (2) a non-medical attendee caring for the recovering 
     service member; or
       (3) receiving per diem payments from the Department of 
     Defense while caring for the recovering service member.
       (d) 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. 1435. REPORT ON TRAUMATIC BRAIN INJURY CLASSIFICATIONS.

       (a) Interim Report.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives an interim report describing the 
     changes undertaken within the Department of Defense to ensure 
     that traumatic brain injury victims receive a proper medical 
     designation concomitant with their injury as opposed to the 
     current medical designation which assigns a generic ``organic 
     psychiatric disorder'' classification.
       (b) Final 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 final report concerning 
     traumatic brain injury classifications and an explanation and 
     justification of the Department's use of the international 
     classification of disease (ICD) 9 designation, 
     recommendations for transitioning to ICD 10 or 11, and the 
     benefits the civilian community experiences from using ICD 
     10.

     SEC. 1436. 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 evaluating the following areas:
       (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.

     SEC. 1437. STUDY AND REPORT ON STANDARD SOLDIER PATIENT 
                   TRACKING SYSTEM.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study on the feasibility of developing a joint soldier 
     tracking system for recovering service members.
       (b) Matters Covered.--The study under subsection (a) shall 
     include the following:
       (1) Review of the feasibility of allowing each recovering 
     service member, each family member of such a member, each 
     commander of a military installation retaining medical 
     holdover patients, each patient navigator, and ombudsman 
     office personnel, at all times, to be able to locate and 
     understand exactly where a recovering service member is in 
     the medical holdover process.
       (2) A determination of whether the tracking system can be 
     designed to ensure that--
       (A) the commander of each military medical facility where 
     recovering service members are located is able to track 
     appointments of such members to ensure they are meeting 
     timeliness and other standards that serve the member; and
       (B) each recovering service member is able to know when his 
     appointments and other medical evaluation board or physical 
     evaluation board deadlines will be and that they have been 
     scheduled in a timely and accurate manner.
       (3) Any other information needed to conduct oversight of 
     care of the member through out the medical holdover process.
       (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. 1438. STUDY AND REPORT ON WAITING PERIODS FOR 
                   APPOINTMENTS AT DEPARTMENT OF VETERANS AFFAIRS 
                   MEDICAL FACILITIES.

       (a) Study Required.--The Secretary of Veterans Affairs 
     shall conduct a study on the average length of time between 
     the desired date for

[[Page 12812]]

     which a veteran seeks to schedule an appointment for health 
     care at a Department of Veterans Affairs medical facility and 
     the date on which such appointment is completed.
       (b) Focus of Study.--In conducting the study under 
     subsection (a), the Secretary shall focus on appointments 
     scheduled and completed at Department medical facilities 
     located in both rural and urban areas.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     Congress containing the findings of the study under 
     subsection (a) and recommendations for decreasing the waiting 
     time between the desired date of an appointment and the 
     completion of the appointment to a maximum of 15 days.

                     Subtitle C--General Provisions

     SEC. 1451. MORATORIUM ON CONVERSION TO CONTRACTOR PERFORMANCE 
                   OF DEPARTMENT OF DEFENSE FUNCTIONS AT MILITARY 
                   MEDICAL FACILITIES.

       (a) Findings.--Congress finds the following:
       (1) The conduct of public-private competitions for the 
     performance of Department of Defense functions, based on 
     Office of Management and Budget Circular A-76, can lead to 
     dramatic reductions in the workforce, undermining an agency's 
     ability to perform its mission.
       (2) The Army Garrison commander at the Walter Reed Army 
     Medical Center has stated that the extended A-76 competition 
     process contributed to the departure of highly skilled 
     administrative and maintenance personnel, which led to the 
     problems at the Walter Reed Army Medical Center.
       (b) Moratorium.--During the one-year period beginning on 
     the date of the enactment of this Act, 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.
       (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;
       (2) a description of any public-private competition the 
     Secretary would conduct if the moratorium under subsection 
     (b) were not in effect; and
       (3) 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.

     SEC. 1452. 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. 1453. INCREASE IN PHYSICIANS AT HOSPITALS OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS.

       The Secretary of Veterans Affairs shall increase the number 
     of resident physicians at hospitals of the Department of 
     Veterans Affairs.

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

Sec. 1501. Purpose and statement of congressional policy.
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. Authorized Army construction and land acquisition projects.
Sec. 1516. Authorized Navy construction and land acquisition projects.
Sec. 1517. Treatment as additional authorizations.

     SEC. 1501. PURPOSE AND STATEMENT OF CONGRESSIONAL POLICY.

       (a) 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.
       (b) Policy.--Congress has provided members of the Armed 
     Forces deployed outside of the United States, and the 
     families of such members, with ongoing funds for their 
     protection and operations and will continue to support their 
     service and valor on behalf of the United States.

     SEC. 1502. ARMY PROCUREMENT.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for procurement accounts of the Army in amounts as 
     follows:
       (1) For aircraft procurement, $1,677,706,000.
       (2) For ammunition procurement, $313,000,000.
       (3) For weapons and tracked combat vehicles procurement, 
     $4,780,172,000.
       (4) For missile procurement, $295,626,000.
       (5) For other procurement, $11,123,699,000.

     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, $2,917,958,000
       (2) For weapons procurement, $251,281,000
       (3) For other procurement, $727,580,000.
       (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 $3,863,267,000.
       (c) Navy and Marine Corps Ammunition.--Funds are hereby 
     authorized to be appropriated for fiscal year 2008 for the 
     procurement account for ammunition for the Navy and the 
     Marine Corps in the amount of $590,090,000.

     SEC. 1504. AIR FORCE PROCUREMENT.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for procurement accounts for the Air Force in 
     amounts as follows:
       (1) For aircraft procurement, $5,189,709,000.
       (2) For ammunition procurement, $74,005,000.
       (3) For missile procurement, $1,800,000.
       (4) For other procurement, $3,926,810,000.

     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 $4,000,000,000.
       (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 in the 
     amount of $594,768,000.

     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, $91,278,000.
       (2) For the Navy, $516,303,000.
       (3) For the Air Force, $816,041,000.
       (4) For Defense-wide activities, $727,498,000

     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, $45,350,964,000
       (2) For the Navy, $5,426,407,000.
       (3) For the Marine Corps, $4,013,093,000.
       (4) For the Air Force, $10,536,330,000.
       (5) For Defense-wide activities, $6,098,990,000.
       (6) For the Army Reserve , $158,410,000.
       (7) For the Navy Reserve, $69,598,000.
       (8) For the Marine Corps Reserve, $68,000,000.
       (9) For the Army National Guard, $466,150,000.
       (10) For the Air National Guard, $31,168,000.

     SEC. 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, $1,676,275,000.
       (2) For the National Defense Sealift Fund, $5,100,000.

     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 $1,022,842,000 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

[[Page 12813]]

     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.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2008 for the Iraq Freedom Fund in the amount of 
     $107,500,000.

     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 $2,000,000,000.
       (b) Use, Transfer, and Other Requirements Regarding 
     Funds.--Subsections (b), (c) and (d) of section 1516 of the 
     John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2441) shall apply to 
     the funds appropriated pursuant to the authorization of 
     appropriations in subsection (a).
       (c) Duration of Authority.--Section 1516(g) of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 is amended by striking ``September 30, 2008'' and 
     inserting ``September 30, 2009''.

     SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal year 2008 for the 
     Afghanistan Security Forces Fund in the amount of 
     $2,700,000,000.
       (b) Use, Transfer, and Other Requirements Regarding 
     Funds.--Subsections (b), (c) and (d) of section 1517 of the 
     John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2442) shall apply to 
     the funds appropriated pursuant to the authorization of 
     appropriations in subsection (a).
       (c) Duration of Authority.--Section 1517(g) of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 is amended by striking ``September 30, 2008'' and 
     inserting ``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 $17,471,763,000.

     SEC. 1515. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Authorized Projects.--Using amounts appropriated 
     pursuant to the authorization of appropriations in subsection 
     (b) the Secretary of the Army may acquire real property and 
     carry out military construction projects for the 
     installations or locations outside the United States, and in 
     the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Afghanistan.......................  Bagram Air Base.....    $103,000,000
Iraq..............................  Camp Adder..........     $31,850,000
                                    Al Asad.............     $46,100,000
                                    Camp Anaconda.......     $49,200,000
                                    Fallujah............        $880,000
                                    Camp Marez..........        $880,000
                                    Mosul...............     $43,000,000
                                    Camp Ramadi.........        $880,000
                                    Scania..............      $5,000,000
                                    Camp Speicher.......     $54,900,000
                                    Camp Taqqadum.......        $880,000
                                    Tikrit..............     $43,000,000
                                    Camp Victory........     $24,600,000
                                    Camp Warrior........        $880,000
                                    Various Locations...    $102,000,000
------------------------------------------------------------------------

       (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 Army in the total amount of $526,450,000 as 
     follows:
       (1) For military construction projects outside the United 
     States authorized by subsection (a), $507,050,000.
       (2) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $19,400,000.

     SEC. 1516. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Authorized Projects.--Using amounts appropriated 
     pursuant to the authorization of appropriations in subsection 
     (b), the Secretary of the Navy may acquire real property and 
     carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                     Navy: Inside the United States
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
California........................  Camp Pendleton......    $102,034,000
                                    Twenty-Nine Palms...      $4,440,000
North Carolina....................  Camp Lejeune........     $43,310,000
------------------------------------------------------------------------

       (b) 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 $169,071,000, 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by subsection (a), $149,814,000.
       (2) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $7,491,000.
       (3) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $11,766,000.

     SEC. 1517. 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.

                 TITLE XVI--NATIONAL GUARD ENHANCEMENT

Sec. 1601. Short title.

                   Subtitle A--National Guard Bureau

Sec. 1611. Enhancement of duties and position of Chief of the National 
              Guard Bureau.
Sec. 1612. Establishment of National Guard Bureau as joint activity of 
              Department of Defense.
Sec. 1613. Enhancement of functions of National Guard Bureau.
Sec. 1614. Requirement for Secretary of Defense to prepare annual plan 
              for response to natural disasters and terrorist events.
Sec. 1615. Determination of Department of Defense civil support 
              requirements.
Sec. 1616. Conforming and clerical amendments.

          Subtitle B--Additional Reserve Component Enhancement

Sec. 1621. United States Northern Command.
Sec. 1622. Council of Governors.
Sec. 1623. Reserve Components Policy Board.
Sec. 1624. Requirements for certain high-level positions to be held by 
              reserve component general or flag officers.
Sec. 1625. Retirement age and years of service limitations on certain 
              reserve general and flag officers.
Sec. 1626. Additional reporting requirements relating to National Guard 
              equipment.

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``National Guard Empowerment 
     Act''.

                   Subtitle A--National Guard Bureau

     SEC. 1611. ENHANCEMENT OF DUTIES AND POSITION OF CHIEF OF THE 
                   NATIONAL GUARD BUREAU.

       (a) Principal Adviser to Secretary of Defense Through 
     Chairman of Joint Chiefs of Staff on National Guard 
     Matters.--Subsection (c) of section 10502 of title 10, United 
     States Code, is amended by inserting after ``principal 
     adviser'' the following: ``to the Secretary of Defense 
     (through the Chairman of the Joint Chiefs of Staff),''.
       (b) Adviser to Commander of the United States Northern 
     Command and Secretary of Homeland Security.--Subsection (c) 
     of such section is further amended--
       (1) by inserting ``(1)'' before ``The Chief''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Chief of the National Guard Bureau also is an 
     adviser on such matters to the commander of the combatant 
     command the geographic area of responsibility of which 
     includes the United States and to the Secretary of Homeland 
     Security.''.
       (c) Appointment to Office in Grade of General.--Subsection 
     (d) of such section is amended by striking ``lieutenant 
     general'' and inserting ``general''.
       (d) Appointment Process.--Subsection (a) of such section is 
     amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (2) by inserting ``(1)'' before ``There is''; and
       (3) by adding at the end the following new paragraphs:
       ``(2) The Secretary of Defense shall establish a process to 
     identify, from among the officers of the Army National Guard 
     of the United States and Air National Guard of the United 
     States recommended under paragraph (1)(A), the best qualified 
     officer or officers whom the Secretary of Defense will 
     recommend for consideration by the President for appointment 
     as Chief of the National Guard Bureau.
       ``(3) In establishing the process under paragraph (2), the 
     Secretary of Defense shall--
       ``(A) consider such procedural recommendations as the 
     current Chief of the National Guard Bureau may provide;
       ``(B) employ a selection advisory board, which shall be 
     appointed, charted, and instructed by agreement between the 
     Secretary of the Army and the Secretary of the Air Force; and
       ``(C) incorporate the requirements of section 601(d) of 
     this title relating to a performance evaluation and necessary 
     qualifications for the position.''.

[[Page 12814]]

       (e) Repeal of Prohibition on Chief Holding Office After Age 
     64.--Subsection (b) of such section is amended by striking 
     ``An officer may not hold that office after becoming 64 years 
     of age.''.
       (f) Appointment of Next Chief of the National Guard 
     Bureau.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the President recommendations regarding the best qualified 
     officer or officers for consideration by the President for 
     appointment as the next Chief of the National Guard Bureau 
     under section 10502 of title 10, United States Code, as 
     amended by this section. The amendments made by subsections 
     (c), (d), and (e) shall apply with respect to such 
     appointment. The officer serving in the office of Chief of 
     the National Guard Bureau as of the date of the enactment of 
     this Act may be recommended for appointment and appointed to 
     that office to serve in the grade of general.

     SEC. 1612. ESTABLISHMENT OF NATIONAL GUARD BUREAU AS JOINT 
                   ACTIVITY OF DEPARTMENT OF DEFENSE.

       (a) Joint Activity of the Department of Defense.--
     Subsection (a) of section 10501 of title 10, United States 
     Code, is amended by striking ``joint bureau of the Department 
     of the Army and the Department of the Air Force'' and 
     inserting ``joint activity of the Department of Defense''.
       (b) Joint Manpower Requirements.--
       (1) In general.--Chapter 1011 of such title is amended by 
     adding at the end the following new section:

     ``Sec. 10508. National Guard Bureau: general provisions

       ``The manpower requirements of the National Guard Bureau as 
     a joint activity of the Department of Defense shall be 
     determined in accordance with regulations prescribed by the 
     Secretary of Defense, in consultation with the Chairman of 
     the Joint Chiefs of Staff.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``10508. National Guard Bureau: general provisions.''.

     SEC. 1613. ENHANCEMENT OF FUNCTIONS OF NATIONAL GUARD BUREAU.

       (a) Additional General Functions.--Section 10503 of title 
     10, United States Code, is amended--
       (1) by predesignating paragraph (12), as paragraph (13); 
     and
       (2) by inserting after paragraph (11) the following new 
     paragraph (12):
       ``(12)(A) 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,''.
       (b) Charter Developed and Prescribed by Secretary of 
     Defense.--Section 10503 of such title is 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 (12), by striking ``the Secretaries'' and 
     inserting ``the Secretary of Defense''.

     SEC. 1614. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE 
                   ANNUAL PLAN FOR RESPONSE TO NATURAL DISASTERS 
                   AND TERRORIST EVENTS.

       (a) Requirement for Annual Plan.--Not later than March 1, 
     2008, and each March 1 thereafter, the Secretary of Defense, 
     in consultation with the commander of the United States 
     Northern Command and the Chief of the National Guard Bureau, 
     shall prepare and submit to Congress a plan for coordinating 
     the use of the National Guard and members of the Armed Forces 
     on active duty when responding to natural disasters, acts of 
     terrorism, and other man-made disasters as identified in the 
     national planning scenarios described in subsection (e).
       (b) Information to Be Provided to Secretary.--To assist the 
     Secretary of Defense in preparing the plan, the National 
     Guard Bureau, pursuant to its purpose as channel of 
     communications as set forth in section 10501(b) of title 10, 
     United States Code, shall provide to the Secretary 
     information gathered from Governors, adjutants general of 
     States, and other State civil authorities responsible for 
     homeland preparation and response to natural and man-made 
     disasters.
       (c) Two Versions.--The plan shall set forth two versions of 
     response, one using only members of the National Guard, and 
     one using both members of the National Guard and members of 
     the regular components of the Armed Forces.
       (d) Matters Covered.--The plan shall cover, at a minimum, 
     the following:
       (1) Protocols for the Department of Defense, the National 
     Guard Bureau, and the Governors of the several States to 
     carry out operations in coordination with each other and to 
     ensure that Governors and local communities are properly 
     informed and remain in control in their respective States and 
     communities.
       (2) An identification of operational procedures, command 
     structures, and lines of communication to ensure a 
     coordinated, efficient response to contingencies.
       (3) An identification of the training and equipment needed 
     for both National Guard personnel and members of the Armed 
     Forces on active duty to provide military assistance to civil 
     authorities and for other domestic operations to respond to 
     hazards identified in the national planning scenarios.
       (e) National Planning Scenarios.--The plan shall provide 
     for response to the following hazards: 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.

     SEC. 1615. DETERMINATION OF DEPARTMENT OF DEFENSE CIVIL 
                   SUPPORT REQUIREMENTS.

       (a) Determination of Requirements.--The Secretary of 
     Defense 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) Implementation.--In carrying out this section, the 
     Secretary of Defense, acting through the chairman of the 
     Joint Chiefs of Staff, shall ensure the appropriate 
     assignment of responsibilities, coordination of the efforts, 
     and prioritization of renouncing by the appropriate combatant 
     commands, the military departments, and the National Guard 
     Bureau.
       (e) 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.
       (f) 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''.

     SEC. 1616. CONFORMING AND CLERICAL AMENDMENTS.

       (a) Conforming Amendment.--The heading of section 10503 of 
     such title is amended to read as follows:

     ``Sec. 10503. Functions of National Guard Bureau: charter''.

       (b) 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.''.

          Subtitle B--Additional Reserve Component Enhancement

     SEC. 1621. 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 
     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.

[[Page 12815]]

       (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) Command and Control of Mixed-Status Forces in Certain 
     Missions.--
       (1) Procedures required.--The Secretary of Defense shall 
     establish procedures under which an officer who is on active 
     duty or an officer who is on full-time National Guard duty 
     may command mixed-status forces in connection with the 
     training and use of mixed-status forces for homeland defense 
     missions, domestic emergency responses, and providing 
     military support to civil authorities.
       (2) Elements of procedures.--The procedures shall include 
     measures to enable--
       (A) the Commander of United States Northern Command and 
     subordinate commanders within the United States Northern 
     Command to exercise command of such mixed-status forces; and
       (B) the Adjutant General or other officers of the National 
     Guard of a State to exercise command of such mixed-status 
     forces.
       (3) Coordination.--The Secretary of Defense shall establish 
     the procedures in coordination with the Chairman of the Joint 
     Chiefs of Staff, the Chief of the National Guard Bureau, and 
     the Governors of the States.
       (c) Definitions.--In this section:
       (1) The term ``United States Northern Command'' means the 
     combatant command the geographic area of responsibility of 
     which includes the United States.
       (2) the term ``mixed-status forces'' means units and 
     members of the National Guard that are on full-time National 
     Guard duty participating in an encampment, maneuver, training 
     exercise, or operation with members of the armed forces on 
     active duty.
       (3) The term ``State'' means the several States, the 
     Commonwealth of Puerto Rico, the District of Columbia, Guam, 
     and the Virgin Islands.
       (4) The term ``Governor'', with respect to the District of 
     Columbia, means the commanding general of the District of 
     Columbia National Guard.
       (5) The terms ``active duty'' and ``full-time National 
     Guard duty'' have the meanings provided those terms by 
     section 101 of title 10, United States Code.

     SEC. 1622. 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. 1623. RESERVE COMPONENTS POLICY BOARD.

       (a) Reserve Components Policy Board.--Section 10301 of 
     title 10, United States Code, is amended to read as follows:

     ``Sec. 10301. Reserve Components Policy Board

       ``(a) There is in the Office of the Secretary of Defense a 
     Reserve Components Policy Board. The Board shall provide the 
     Secretary of Defense, through the Deputy Secretary of 
     Defense, independent advice and recommendations on 
     strategies, policies, and practices designed to improve and 
     enhance the capabilities, efficiency, and effectiveness of 
     the reserve components of the United States.
       ``(b) The Board shall consist of 15 members appointed from 
     civilian life by the Secretary of Defense. The Secretary 
     shall designate the chairman and a vice chairman of the 
     Board. Members of the Board shall be appointed without regard 
     to political affiliation, shall be appointed for two-year, 
     renewable terms, and shall have a proven record of high-level 
     achievement in a national security-related field that 
     includes matters pertaining to the reserve components of the 
     United States.
       ``(c) Members of the Board shall be selected on the basis 
     of knowledge, expertise, or achievement in the following 
     areas:
       ``(1) The reserve components of the United States.
       ``(2) The national security and national military 
     strategies of the United States.
       ``(3) The roles and missions of the active and reserve 
     components of the United States Armed Forces.
       ``(4) The organization, force structure, and force mix of 
     the United States Armed Forces.
       ``(5) Acquisition; research and development; military 
     operations; or personnel and compensation programs, policies, 
     and activities of the Department of Defense.
       ``(6) Homeland defense and support to civil authorities.
       ``(d) The Chairman shall be selected on the basis of 
     extensive knowledge, expertise, or achievement with respect 
     to the reserve components of the United States, including the 
     National Guard.
       ``(e) The Under Secretary of Defense for Personnel and 
     Readiness shall provide an executive director and the 
     necessary support staff to manage the activities of the Board 
     in consultation with the Chairman.
       ``(f) The Board shall act on those matters referred to it 
     by the Secretary of Defense or the Chairman and, in addition, 
     on any matter raised by a member of the Board. As a part of 
     its duties, the Board shall periodically meet with members of 
     the reserve components of the United States.''.
       (b) Clerical Amendment.--The item relating to section 10301 
     in the table of sections at the beginning of chapter 1009 of 
     such title is amended to read as follows:

``10301. Reserve Components Policy Board.''.

       (c) Conforming Amendments.--
       (1) Title 10, United States Code, is amended in the 
     following provisions by striking ``Reserve Forces Policy 
     Board'' and inserting ``Reserve Components Policy Board'':
       (A) Section 101(d)(6)(B)(i).
       (B) Section 113(c)(2) (both places).
       (C) Section 175.
       (2) The heading of section 175 of such title is amended to 
     read as follows:

     ``Sec. 175. Reserve Components Policy Board''.

       (3) The item relating to section 175 in the table of 
     sections for chapter 7 of such title is amended to read as 
     follows:

``175. Reserve Components Policy Board.''.

     SEC. 1624. REQUIREMENTS FOR CERTAIN HIGH-LEVEL POSITIONS TO 
                   BE HELD BY RESERVE COMPONENT GENERAL OR FLAG 
                   OFFICERS.

       (a) Unified and Specified Combatant Command Positions.--
     Subparagraph (A) of section 526(b)(2) of title 10, United 
     States Code, 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''.
       (b) Designation of Lieutenant General or Vice Admiral 
     Positions to Be Held Only by Reserve Component Officers.--
     Such subparagraph is further amended--
       (1) by inserting ``(i)'' after ``(A)'';
       (2) by striking the last sentence; and
       (3) by adding at the end the following new clauses:
       ``(ii) The Chairman of the Joint Chiefs of Staff shall 
     designate up to three general and flag officer positions in 
     the grade of lieutenant general or vice admiral to be held 
     only by reserve component officers. One of the positions 
     designated under this clause shall be the deputy commander of 
     the combatant command the geographic area of responsibility 
     of which includes the United States, unless a reserve 
     component officer is serving as commander of that combatant 
     command. Each position designated under this clause shall be 
     in addition to those positions that are required by law to be 
     filled by an officer serving in the grade of lieutenant 
     general or vice admiral.
       ``(iii) The positions designated under clauses (i) and (ii) 
     shall be considered a joint duty assignment position for the 
     purposes of chapter 38 of this title.''.

     SEC. 1625. 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: major generals and 
       generals and rear admirals and admirals

       ``(a) Major Generals and Rear 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 major general and each reserve 
     officer of the Navy in the grade of rear admiral, except an 
     officer covered by section 14512 of this title, 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) Generals and Admirals.--(1) 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 14515 of this title on the last day 
     of the month in which the officer becomes 64 years of age.
       ``(2) The retirement of an officer under paragraph (1) may 
     be deferred--
       ``(A) 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
       ``(B) 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.''.
       (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: major generals and generals and rear 
              admirals and admirals.''.

       (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;
       (2) in subsection (b)--
       (A) by inserting ``(1)'' before ``The Secretary''; and
       (B) by adding at the end the following new paragraph:
       ``(2) The President 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

[[Page 12816]]

     the total number of officers whose retirement may be deferred 
     at any one time under paragraph (1).''; and
       (3) by adding at the end the following new subsection:
       ``(c) Designated Lieutenant General or Vice Admiral 
     Positions Held by Reserve Component Officers.--Unless 
     retired, transferred to the Retired Reserve, or discharged at 
     an earlier date, a reserve officer serving in one of the 
     general and flag officer positions designated under section 
     526(b)(2)(A)(ii) of this title to be held by a reserve 
     officer in the grade of lieutenant general or vice admiral 
     shall, on the last day of the month in which the officer 
     becomes 66 years of age, be separated in accordance with 
     section 14515 of this title.''.
       (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 511, 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, 30 days after completion of 40 years of commissioned 
     service, be separated in accordance with section 14514 of 
     this title.''.
       (2) Conforming amendments.--Subsection (b) of section 10502 
     of such title, as amended by section 1611(e), 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''.
       (d) Treatment of Current Chief of the National Guard 
     Bureau.--Section 14512(a) of title 10, United States Code, as 
     in effect on the day before the date of the enactment of this 
     Act, shall continue to apply with respect to the officer 
     serving in the office of Chief of the National Guard Bureau 
     as of that date. However, if the officer serving in the 
     office of Chief of the National Guard Bureau as of that date 
     is subsequently appointed to that office to serve in the 
     grade of general, subsection (b) of section 14511 of such 
     title, as added by this section, shall apply.

     SEC. 1626. 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.''.

             TITLE XVII--DEFENSE READINESS PRODUCTION BOARD

Sec. 1701. Purpose.
Sec. 1702. Establishment of Defense Readiness Production Board.
Sec. 1703. Defense Production Industry Advisory Council.
Sec. 1704. Role of Chairman of Board in certain reporting processes.
Sec. 1705. Authority to use multiyear contracts.
Sec. 1706. Transfer authority.
Sec. 1707. Special authority for use of working capital funds for 
              critical readiness requirements.
Sec. 1708. Strategic Readiness Fund.

     SEC. 1701. PURPOSE.

       The purpose of this title is to establish a Defense 
     Readiness Production Board to identify and designate critical 
     readiness requirements, to improve the utilization of the 
     defense industrial base, and to provide authorities to the 
     Secretary of Defense and the Secretaries of the military 
     departments to address critical readiness requirements.

     SEC. 1702. ESTABLISHMENT OF DEFENSE READINESS PRODUCTION 
                   BOARD.

       (a) Establishment.--The Secretary of Defense shall 
     establish a Defense Readiness Production Board (in this 
     subtitle referred to as the ``Board'') within the Office of 
     the Secretary of Defense.
       (b) Membership.--
       (1) In general.--The Board shall be composed of 16 members 
     appointed by the Secretary of Defense in accordance with this 
     subsection.
       (2) Chairman.--The Secretary shall appoint a Chairman from 
     within the Office of the Secretary of Defense.
       (3) Military personnel.--The Secretary shall appoint 
     members from among officers of the Armed Forces serving on 
     the joint staff and each of the Armed Forces. In making 
     appointments under this paragraph, the Secretary shall ensure 
     that there is full representation of the reserve components 
     of each of the Armed Forces, including at least two 
     representatives of the National Guard and two individuals 
     with responsibilities relating to a depot activity.
       (4) Civilian personnel.--The Secretary shall appoint 
     members from among civilian employees of the Department of 
     Defense serving in each of the military departments and in 
     such other entities within the Department as the Secretary 
     determines appropriate.
       (5) Other agencies.--The Secretary may request such 
     representatives from other Federal agencies to serve as 
     members as the Secretary of Defense considers necessary, 
     appropriate, and relevant to the work of the Board.
       (6) Terms; vacancies.--The Secretary shall determine the 
     term of office of members of the Board and the manner of 
     filling vacancies on the Board.
       (c) Functions.--
       (1) Designation of critical readiness requirements.--
       (A) The Board shall--
       (i) monitor and assess the readiness of the Armed Forces;
       (ii) assist the Secretary of Defense and Congress in the 
     identification of deficiencies in the readiness of the Armed 
     Forces caused by shortfalls in weapons systems, equipment, 
     and supplies; and
       (iii) identify and formally designate critical readiness 
     requirements.
       (B) In this title, the term ``critical readiness 
     requirements'' means shortfalls in equipment or supplies that 
     materially reduce readiness of the Armed Forces and that--
       (i) 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
       (ii) that are likely to persist for more than two years 
     based on currently projected budgets and schedules for 
     deliveries of equipment and supplies.
       (C) During the period beginning on the date of the 
     enactment of this Act and ending on the date of the first 
     meeting of the Board, the Secretary of Defense may identify 
     and formally designate critical readiness requirements under 
     subparagraph (A)(iii) in lieu of the Board.
       (2) Monitoring and assessment of industrial capacity.--The 
     Board shall also monitor and assess the industrial capacity 
     of all elements of the Department of Defense, the defense 
     industrial base, and non-traditional suppliers to the 
     Department of Defense--
       (A) to determine where industrial capacity is being 
     insufficiently used to meet the needs of the Department of 
     Defense, particularly in addressing critical readiness 
     requirements; and
       (B) to recommend ways to increase the use of the industrial 
     base, including through encouraging the use of public-private 
     partnerships for existing systems currently maintained 
     outside the depot system as a means of promoting competition, 
     attracting non-traditional suppliers, and expanding the 
     business base of traditional suppliers.
       (3) Reports and notifications.--
       (A) The Board shall submit to the Secretary of Defense and 
     to the congressional defense committees reports to 
     communicate its findings and the progress made by the 
     Department of Defense in addressing critical readiness 
     requirements, at such times as it considers necessary, but 
     not less often than every six months.
       (B) The Board shall notify the Secretary of Defense and the 
     congressional defense committees within 10 days after it 
     designates a critical readiness requirement under paragraph 
     (1). If the Secretary of Defense designates a critical 
     readiness requirement under paragraph (1)(C) in lieu of the 
     Board, the Secretary shall notify the congressional defense 
     committees within 10 days after such designation.
       (d) 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.
       (e) Termination.--The Board shall terminate 5 years after 
     the date of its establishment under subsection (a).

     SEC. 1703. DEFENSE PRODUCTION INDUSTRY ADVISORY COUNCIL.

       (a) Establishment.--The Secretary of Defense shall 
     establish a Defense Production Industry Advisory Council (in 
     this section referred to as the ``Council'') to advise and 
     assist the Defense Readiness Production Board in fulfilling 
     its duties and functions with respect to the industrial base.
       (b) Membership.--The Council shall be composed of 12 
     members, appointed by the Secretary of Defense in 
     consultation with the Armed Services Committees of the Senate 
     and the House of Representatives from among individuals with 
     knowledge of the defense industrial base, including 
     individuals who--
       (1) represent major sectors of defense industry most 
     relevant to the work of the Council;
       (2) represent non-traditional suppliers to the Department 
     of Defense from industries most relevant to the work of the 
     Council;
       (3) represent suppliers of essential materials most 
     relevant to the work of the Council; and
       (4) represent the workforce in the defense industrial base 
     most relevant to the work of the Council.
       (c) Functions.--The Council shall advise and assist the 
     Defense Readiness Production Board in fulfilling its duties 
     and functions with regard to the industrial base and on such 
     other matters as the Secretary may direct.
       (d) Reimbursement.--The Secretary may provide reimbursement 
     to members of the Council for purposes of attending meetings 
     of the Council, in accordance with Federal guidelines.

[[Page 12817]]

       (e) Termination.--The Council shall terminate 5 years after 
     the date of its establishment under subsection (a).

     SEC. 1704. ROLE OF CHAIRMAN OF BOARD IN CERTAIN REPORTING 
                   PROCESSES.

       (a) Readiness Reporting System.--
       (1) Inclusion in joint readiness reviews.--The Chairman of 
     the Board, or a representative of the Chairman, shall be 
     included in the quarterly joint readiness reviews and monthly 
     updates required under section 117(d) of title 10, United 
     States Code.
       (2) Inclusion in reports.--The Chairman of the Board may 
     submit views to the Secretary of Defense for inclusion in the 
     report submitted to Congress by the Secretary under section 
     117(e) of such title.
       (b) Quarterly Reports on Military Readiness.--The Chairman 
     of the Board shall be included in the process for preparing 
     quarterly reports required under section 482 of title 10, 
     United States Code. The Chairman may submit views to the 
     Secretary of Defense for inclusion in such reports.
       (c) Reports on Fund Transfers.--The Chairman of the Board 
     shall be included in the process of transferring any funds 
     described in reports submitted under section 483 of title 10, 
     United States Code. The Chairman may submit views to the 
     Secretary of Defense for inclusion in such reports, and if 
     the Chairman determines that any transfer described in a 
     report would negatively affect a critical readiness 
     requirement, shall submit views on such transfer.

     SEC. 1705. AUTHORITY TO USE MULTIYEAR CONTRACTS.

       (a) In General.--Notwithstanding section 2306b of title 10, 
     United States Code, the Secretary of a military department 
     may enter into a multiyear contract to procure an item if 
     such item will fill, or substantially fill, a critical 
     readiness requirement designated by the Board.
       (b) Limitation on Items.--The authority under subsection 
     (a) may not be used unless the item to be procured--
       (1) is the same or substantially the same as an item 
     procured previously using a multiyear contract;
       (2) has been in full-rate production for at least 3 years; 
     or
       (3) is a non-developmental commercial item with 
     modifications that are de minimis in nature.
       (c) Additional Limitation.--The authority under subsection 
     (a) may not be used unless the Secretary of the military 
     department concerned--
       (1) certifies that the pricing under the contract is fair 
     and reasonable and that the Secretary has all the information 
     necessary to make such certification; and
       (2) the congressional defense committees have been notified 
     at least 30 days in advance of the award of the proposed 
     contract, and the notification includes a statement of the 
     cancellation ceiling for the contract.
       (d) Accounting for Costs.--For the purpose of accounting 
     for the costs of contracts entered into under this section, 
     the Department of Defense shall either--
       (1) record obligations for the full cost of the contract at 
     the time of contract award; or
       (2) record obligations for each fiscal year of the contract 
     equal to the Government's total annual liability, which 
     includes, for a fiscal year, the performance cost of the 
     contract for the fiscal year plus any costs that would be 
     incurred if the contract were cancelled at the end of the 
     fiscal year.
       (e) Multiyear Contract Defined.--In this section, the term 
     ``multiyear contract'' has the meaning provided in section 
     2306b(k) of this title.
       (f) Regulations.--The Secretary of Defense shall prescribe 
     regulations to carry out this section. The regulations shall 
     include provisions similar to the provisions required under 
     section 2306b(e) of this title (relating to protection of 
     existing authority).

     SEC. 1706. TRANSFER AUTHORITY.

       (a) In General.--The Secretary of Defense may transfer from 
     amounts described in subsection (b) to other appropriations 
     of the Department of Defense for fiscal year 2008 or any 
     subsequent fiscal year such amounts as the Secretary 
     determines necessary to address critical readiness 
     requirements designated by the Board. Amounts so transferred 
     shall be merged with and be available for the same purposes 
     as the accounts to which transferred. The total amount that 
     the Secretary may transfer under the authority of this 
     section in any fiscal year is $1,000,000,000.
       (b) Amounts Subject to Transfer.--Transfers under this 
     section may be made only from amounts appropriated to the 
     Department of Defense for fiscal year 2008 or any subsequent 
     fiscal year that remain available for obligation.
       (c) Additional Authority.--The authority provided by this 
     section is in addition to any other authority provided by law 
     authorizing the transfer of amounts available to the 
     Department of Defense.

     SEC. 1707. SPECIAL AUTHORITY FOR USE OF WORKING CAPITAL FUNDS 
                   FOR CRITICAL READINESS REQUIREMENTS.

       (a) Notification to Secretary of Certain Expenses.--The 
     Secretary of a military department shall notify the Secretary 
     of Defense if the Secretary of the military department 
     determines that costs will be incurred for work on a critical 
     readiness program in excess of amounts available in the 
     working capital fund of the military department.
       (b) Transfer of Funds.--The Secretary of Defense, after 
     receiving a notification under subsection (a), may transfer 
     funds from another working capital fund or other funds 
     available to the Department of Defense for fiscal year 2008 
     or any subsequent fiscal year sufficient to cover the costs 
     of the critical readiness program. The Secretary of the 
     military department to which the funds are transferred shall 
     notify the congressional defense committees of the transfer 
     within 30 days after the transfer is made.
       (c) Requirement to Reimburse Working Capital Funds.--In the 
     case of any working capital fund from which a transfer is 
     made under subsection (b), the Secretary of Defense shall, 
     within 12 months after the transfer, reimburse the fund from 
     any of the following:
       (1) An appropriation of funds.
       (2) Other funds available to the Department of Defense.
       (3) If the Secretary is unable to provide reimbursement 
     pursuant to paragraph (1) or (2) within nine months after the 
     transfer, advance billing (under section 2208(i) of title 10, 
     United States Code) from the military department carrying out 
     the critical readiness program.
       (d) Additional Transfer Authority.--The transfer authority 
     under this section is in addition to any other transfer 
     authority.
       (e) Critical Readiness Program.--In this section, the term 
     ``critical readiness program'' means a program to address a 
     critical readiness requirement designated by the Board.

     SEC. 1708. STRATEGIC READINESS FUND.

       (a) 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.
       (b) Purposes.--The Fund shall be used to address critical 
     readiness requirements designated under section 1701(c).
       (c) Assets of Fund.--There shall be deposited into the Fund 
     any amount appropriated to the Fund, which shall constitute 
     the assets of the Fund.
       (d) Transfer of Funds.--
       (1) The Secretary of Defense may transfer amounts in the 
     Fund to such appropriations accounts as the Secretary 
     determines appropriate for addressing critical readiness 
     requirements designated under section 1701(c). Amounts so 
     transferred shall be merged with and available for the same 
     purposes and for the same time period as the appropriation 
     account to which transferred.
       (2) The transfer authority provided in paragraph (1) is in 
     addition to any other transfer authority available to the 
     Department of Defense. Upon a determination that all or part 
     of the amounts transferred from the Fund are not necessary 
     for the purposes for which transferred, such amounts may be 
     transferred back to the Fund.
       (3) The Secretary of Defense shall notify the congressional 
     defense committees within 30 days after the Secretary makes a 
     transfer under this subsection.
       (e) Authorization.--There is hereby authorized to be 
     appropriated to the Strategic Readiness Fund $1,000,000,000, 
     to be derived from amounts for Operations and Maintenance 
     under section 1508.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Military Construction 
     Authorization Act for Fiscal Year 2008''.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
              2006 project.

     SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(1), the Secretary of the Army may acquire real 
     property and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Alabama...........................  Anniston Army Depot.     $26,000,000
Alaska............................  Fort Richardson.....     $92,800,000
                                    Fort Wainwright.....    $105,600,000
Arizona...........................  Fort Huachuca.......    $129,600,000
California........................  Fort Irwin..........     $24,000,000
                                    Presidio, Monterey..     $28,000,000
Colorado..........................  Fort Carson.........    $157,200,000
Delaware..........................  Dover Air Force Base     $17,500,000
Florida...........................  Eglin Air Force Base     $66,000,000
                                    Southern Command        $237,000,000
                                     Headquarters, Miami.
Georgia...........................  Fort Benning........    $185,800,000
                                    Fort Stewart/Hunter     $123,500,000
                                     Army Air Field.
Hawaii............................  Fort Shafter........     $31,000,000
                                    Kahuku Training Area      $9,200,000
                                    Schofield Barracks..     $88,000,000
                                    Wheeler Army Air         $51,000,000
                                     Field.
Kansas............................  Fort Leavenworth....     $90,800,000
                                    Fort Riley..........    $140,200,000
Kentucky..........................  Fort Campbell.......    $105,000,000
                                    Fort Knox...........      $6,700,000

[[Page 12818]]

 
Missouri..........................  Fort Leonard Wood...    $129,050,000
Nevada............................  Hawthorne Army           $11,800,000
                                     Ammunition Plant.
New Mexico........................  White Sands Missile      $71,000,000
                                     Range.
New York..........................  Fort Drum...........    $300,600,000
North Carolina....................  Fort Bragg..........    $270,800,000
Oklahoma..........................  Fort Sill...........      $2,900,000
South Carolina....................  Fort Jackson........     $85,000,000
Texas.............................  Camp Bullis.........      $1,600,000
                                    Corpus Christi......     $11,200,000
                                    Fort Bliss..........    $111,900,000
                                    Fort Hood...........    $138,000,000
                                    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..........    $167,900,000
                                    Yakima Training          $29,000,000
                                     Center.
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(2), the Secretary of the Army may acquire real 
     property and carry out military construction projects for the 
     installations or locations outside the United States, and in 
     the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Afghanistan.......................  Afghanistan.........     $13,800,000
Bulgaria..........................  Nevo Selo FOS.......     $61,000,000
Germany...........................  Grafenwoehr.........     $62,000,000
Honduras..........................  Various locations...      $2,550,000
Italy.............................  Vicenza.............    $173,000,000
Korea.............................  Camp Humphreys......     $57,000,000
Romania...........................  Various locations...     $12,600,000
------------------------------------------------------------------------

     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
------------------------------------------------------------------------
                               Installation or
      State or Country             Location       Units       Amount
------------------------------------------------------------------------
Utah.........................  Dugway Proving   28......      $5,000,000
                                Grounds.
Germany......................  Ansbach........  138.....     $52,000,000
------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(5)(A), the Secretary of the Army may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $2,000,000.

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2104(a)(5)(A), the Secretary of 
     the Army may improve existing military family housing units 
     in an amount not to exceed $365,400,000.

     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2007, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Army in the total amount of $5,382,917,000 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $3,222,500,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $381,950,000.
       (3) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $27,200,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $329,547,000.
       (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) $46,000,000 (the balance of the amount authorized under 
     section 2201(a) for construction of an operations complex at 
     Eglin Air Force Base, Florida).
       (3) $70,000,000 (the balance of the amount authorized under 
     section 2201(a) for construction of the United States 
     Southern Command Headquarters, Miami, Florida).

     SEC. 2105. 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''.

                            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. Repeal of authorization for construction of Navy Outlying 
              Landing Field, Washington County, North Carolina.

     SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(a)(1), the Secretary of the Navy may acquire real 
     property and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                     Navy: Inside the United States
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Alaska............................  Outlying Field            $9,560,000
                                     Evergreen.
Arizona...........................  Marine Corps Air         $33,720,000
                                     Station, Yuma.
California........................  Marine Corps Air         $26,760,000
                                     Station, Miramar.
                                    Marine Corps Base,      $282,450,000
                                     Camp Pendleton.
                                    Marine Corps Base,      $142,619,000
                                     Twentynine Palms.
                                    Naval Station, San       $23,630,000
                                     Diego.
Florida...........................  Marine Corps              $7,570,000
                                     Logistics Base,
                                     Blount Island.
                                    Naval Surface            $13,870,000
                                     Warfare Center,
                                     Panama City.
                                    Naval Training            $1,600,000
                                     Center, Corry Field.
Hawaii............................  Marine Corps Air         $37,961,000
                                     Station, Kaneohe.
                                    Naval Base, Pearl        $99,860,000
                                     Harbor.
                                    Naval Station Pearl      $65,410,000
                                     Harbor, Wahiawa.
Illinois..........................  Naval Training           $10,221,000
                                     Center, Great Lakes.
Maryland..........................  Naval Air Warfare        $38,360,000
                                     Center, Patuxent
                                     River.
                                    Naval Surface             $9,500,000
                                     Warfare Center,
                                     Indian Head.
North Carolina....................  Marine Corps Air         $28,610,000
                                     Station, Cherry
                                     Point.
                                    Marine Corps Air         $58,630,000
                                     Station, New River.
                                    Marine Corps Base,      $234,730,000
                                     Camp Lejeune.
South Carolina....................  Marine Corps Air         $10,300,000
                                     Station, Beaufort.
                                    Marine Corps Recruit     $55,282,000
                                     Depot, Parris
                                     Island.
Texas.............................  Naval Air Station,       $14,290,000
                                     Corpus Christi.
Virginia..........................  Marine Corps Base,       $50,519,000
                                     Quantico.
                                    Naval Station,           $65,360,000
                                     Norfolk.
                                    Naval Support             $8,450,000
                                     Activity,
                                     Chesapeake.
                                    Naval Surface            $10,000,000
                                     Warfare Center,
                                     Dahlgren.
Washington........................  Naval Air Station,       $34,510,000
                                     Whidbey Island.
                                    Naval Station,          $119,760,000
                                     Bremerton.
------------------------------------------------------------------------

       (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:

[[Page 12819]]



                     Navy: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Bahrain...........................  Southwest Asia......     $35,500,000
Diego Garcia......................  Naval Support             $7,150,000
                                     Facility, Diego
                                     Garcia.
Djibouti..........................  Camp Lemonier.......     $22,390,000
Guam..............................  Naval Activities,       $278,818,000
                                     Guam.
------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(a)(3), the Secretary of the Navy may acquire real 
     property and carry out military construction projects for 
     unspecified installations or locations in the amount set 
     forth in the following table:

                       Navy: Unspecified Worldwide
------------------------------------------------------------------------
                                       Installation or
             Location                     Location            Amount
------------------------------------------------------------------------
Worldwide Unspecified.............  Wharf Utilities           $8,900,000
                                     Upgrade.
                                    Host Nation               $2,700,000
                                     Infrastructure.
------------------------------------------------------------------------

     SEC. 2202. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2204(a)(6)(A), the Secretary of the Navy may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations, 
     in the number of units, and in the amounts set forth in the 
     following table:

                          Navy: Family Housing
------------------------------------------------------------------------
           Location             Installation      Units       Amount
------------------------------------------------------------------------
Mariana Islands..............  Naval            73......     $57,167,000
                                Activities,
                                Guam.
------------------------------------------------------------------------

       (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 $2,804,429,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $1,493,532,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $343,858,000.
       (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, $111,067,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $298,329,000.
       (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(b) for construction of a wharf extension in Apra 
     Harbor, Guam.

     SEC. 2205. REPEAL OF AUTHORIZATION FOR CONSTRUCTION OF NAVY 
                   OUTLYING LANDING FIELD, WASHINGTON COUNTY, 
                   NORTH CAROLINA.

       (a) Repeal of Authorization.--The table in section 2201(a) 
     of the Military Construction Authorization Act for Fiscal 
     Year 2004 (division B of Public Law 108-136; 117 Stat. 1704) 
     is amended by striking the item relating to Navy Outlying 
     Landing Field, Washington County, North Carolina, as added by 
     section 2205(a) of the Military Construction Authorization 
     Act for Fiscal Year 2007 (division B of Public Law 109-364; 
     120 Stat. 2452).
       (b) Repeal of Incremental Funding Authority.--Section 
     2204(b) of that Act (117 Stat. 1706) is amended by striking 
     paragraph (6).
       (c) Effect of Repeal.--The amendments made by this section 
     do not affect the expenditure of funds obligated, before the 
     effective date of this title, for the construction of the 
     Navy Outlying Landing Field, Washington County, North 
     Carolina, or the acquisition of real property to facilitate 
     such construction.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
              projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year 
              2006 project.

     SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(1), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                   Air Force: Inside the United States
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Alaska............................  Elmendorf Air Force      $70,180,000
                                     Base.
Arizona...........................  Davis-Monthan Air        $11,200,000
                                     Force Base.
                                    Kirtland Air Force        $3,700,000
                                     Base.
                                    Luke Air Force Base.      $5,500,000
Arkansas..........................  Little Rock Air           $9,800,000
                                     Force Base.
California........................  Edwards Air Force         $8,500,000
                                     Base.
                                    Travis Air Force         $37,400,000
                                     Base.
Colorado..........................  Fort Carson.........     $13,500,000
                                    Schriever Air Force      $24,500,000
                                     Base.
                                    United States Air        $15,000,000
                                     Force Academy.
District of Columbia..............  Bolling Air Force         $2,500,000
                                     Base.
Florida...........................  Eglin Air Force Base    $158,300,000
                                    MacDill Air Force        $60,500,000
                                     Base.
                                    Patrick Air Force        $11,854,000
                                     Base.
                                    Tyndall Air Force        $44,114,000
                                     Base.
Georgia...........................  Robins Air Force         $19,700,000
                                     Base.
Hawaii............................  Hickam Air Force         $31,971,000
                                     Base.
Illinois..........................  Scott Air Force Base     $16,700,000
Kansas............................  Fort Riley..........     $12,515,000
Missouri..........................  Whiteman Air Force       $11,400,000
                                     Base.
Nebraska..........................  Offutt Air Force         $16,952,000
                                     Base.
New Mexico........................  Cannon Air Force          $1,688,000
                                     Base.
North Dakota......................  Minot Air Force Base     $18,200,000
Oklahoma..........................  Altus Air Force Base      $2,000,000
                                     Tinker Air Force        $34,600,000
                                     Base.
South Carolina....................  Shaw Air Force Base.      $9,300,000
Texas.............................  Lackland Air Force       $14,000,000
                                     Base.
                                    Shepard Air Force         $7,000,000
                                     Base.
Utah..............................  Hill Air Force Base.     $16,799,000
Washington........................  Fairchild Air Force       $6,200,000
                                     Base.
Wyoming...........................  Francis E. Warren        $14,600,000
                                     Air Force Base.
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(2), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations or locations outside the United States, and in 
     the amounts, set forth in the following table:

[[Page 12820]]



                  Air Force: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Germany...........................  Ramstein Air Base...     $48,209,000
Guam..............................  Andersen Air Force       $15,800,000
                                     Base.
Qatar.............................  Al Udeid Air Base...     $22,300,000
Spain.............................  Moron Air Base......      $1,800,000
United Kingdom....................  Royal Air Force          $17,300,000
                                     Lakenheath.
                                    Royal Air Force          $41,000,000
                                     Menwith Hill
                                     Station.
------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(3), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for 
     unspecified installations or locations in the amount set 
     forth in the following table:

                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
                                       Installation or
             Location                     Location            Amount
------------------------------------------------------------------------
Worldwide Classified..............  Classified Project..      $1,500,000
                                    Classified-Special       $13,940,000
                                     Evaluation Program.
------------------------------------------------------------------------

     SEC. 2302. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2304(a)(6)(A), the Secretary of the Air Force may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations 
     or locations, in the number of units, and in the amounts set 
     forth in the following table:

                        Air Force: Family Housing
------------------------------------------------------------------------
                               Installation or
       State or Country            Location       Units       Amount
------------------------------------------------------------------------
Germany......................  Ramstein Air     117.....     $56,275,000
                                Base.
------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(6)(A), the Secretary of the Air Force may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of military family housing units in an amount not 
     to exceed $12,210,000.

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2304(a)(6)(A), the Secretary of 
     the Air Force may improve existing military family housing 
     units in an amount not to exceed $294,262,000.

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2007, for military 
     construction, land acquisition, and military family housing 
     functions of the Department of the Air Force in the total 
     amount of $2,120,191,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $770,173,000.
       (2) For military construction projects outside the United 
     States authorized by section 2301(b), $146,409,000.
       (3) For the military construction projects at unspecified 
     worldwide locations authorized by section 2301(c), 
     $15,440,000.
       (4) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $15,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $62,087,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $362,747,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $688,335,000.
       (7) For the construction of increment 3 of the main base 
     runway at Edwards Air Force Base, California, authorized by 
     section 2301(a) of the Military Construction Authorization 
     Act for Fiscal Year 2006 (division B of Public Law 109-163; 
     119 Stat. 3494), $35,000,000.
       (8) For the construction of increment 3 of the CENTCOM 
     Joint Intelligence Center at MacDill Air Force Base, Florida, 
     authorized by section 2301(a) of the Military Construction 
     Authorization Act for Fiscal Year 2006 (division B of Public 
     Law 109-163; 119 Stat. 3494), as amended by section 2305 of 
     the Military Construction Authorization Act for Fiscal Year 
     2007 (division B of Public Law 109-364; 120 Stat. 2456), 
     $25,000,000.

     SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2006 PROJECT.

       (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 in the item relating to 
     MacDill Air Force Base, Florida, by striking ``$101,500,000'' 
     in the amount column and inserting ``$126,500,000''.
       (b) Conforming Amendment.--Section 2304(b)(4) of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (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 is amended 
     by striking ``$23,300,000'' and inserting ``$48,300,000''.

                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorized base closure and realignment activities funded 
              through Department of Defense Base Closure Account 2005.
Sec. 2404. Authorization of appropriations, 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 
     2404(a)(1), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following tables:

                       Defense Education Activity
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
North Carolina....................  Marine Corps Base,        $2,014,000
                                     Camp Lejeune.
------------------------------------------------------------------------


                       Defense Intelligence Agency
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
District of Columbia..............  Bolling Air Force         $1,012,000
                                     Base.
------------------------------------------------------------------------


                        Defense Logistics Agency
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
California........................  Port Loma Annex.....    $140,000,000
Florida...........................  Naval Air Station,        $1,874,000
                                     Key West.
Hawaii............................  Hickam Air Force         $26,000,000
                                     Base.
New Mexico........................  Kirtland Air Force        $1,800,000
                                     Base.
Ohio..............................  Defense Supply            $4,000,000
                                     Center Columbus.
Pennsylvania......................  Defense Distribution     $21,000,000
                                     Depot, New
                                     Cumberland.
Virginia..........................  Fort Belvoir........      $5,000,000
------------------------------------------------------------------------


                        National Security Agency
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Maryland..........................  Fort Meade..........     $11,901,000
------------------------------------------------------------------------


                       Special Operations Command
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
California........................  Marine Corps Base,       $20,030,000
                                     Camp Pendleton.
                                    Naval Amphibious         $12,000,000
                                     Base, Coronodo.
Florida...........................  Hurlburt Field......     $29,111,000
                                    MacDill Air Force        $47,700,000
                                     Base.
Georgia...........................  Fort Benning........     $35,000,000
                                    Hunter Army Air          $13,800,000
                                     Field.
Kentucky..........................  Fort Campbell.......     $53,500,000
New Mexico........................  Cannon Air Force          $7,500,000
                                     Base.
North Carolina....................  Fort Bragg..........     $47,250,000
                                    Marine Corps Base,       $28,210,000
                                     Camp Lejeune.
Virginia..........................  Dam Neck............    $113,800,000
                                    Naval Amphibious         $99,000,000
                                     Base, Little Creek.
Washington........................  Fort Lewis..........     $77,000,000
------------------------------------------------------------------------


                       TRICARE Management Activity
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Florida...........................  MacDill Air Force         $5,000,000
                                     Base.
Illinois..........................  Naval Hospital,          $99,000,000
                                     Great Lakes.
New York..........................  Fort Drum...........     $41,000,000
Texas.............................  Camp Bullis.........      $7,400,000
Virginia..........................  Naval Station,            $6,450,000
                                     Norfolk.
Washington........................  Fort Lewis..........     $21,000,000
------------------------------------------------------------------------


                    Washington Headquarters Services
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Virginia..........................  Pentagon Reservation     $18,531,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2404(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:

[[Page 12821]]



                       Defense Education Activity
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Belgium...........................  Sterrebeek..........      $5,992,000
Germany...........................  Ramstein Air Base...      $5,393,000
                                    Wiesbaden Air Base..     $20,472,000
------------------------------------------------------------------------


                       Special Operations Command
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Bahrain...........................  Southwest Asia......     $19,000,000
Qatar.............................  Al Udeid AB.........     $52,852,000
------------------------------------------------------------------------


                       TRICARE Management Activity
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Germany...........................  Spangdahlem Air Base     $30,100,000
------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using the amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2404(a)(3), the Secretary of Defense may acquire real 
     property and carry out military construction projects for 
     unspecified installations or locations in the amount set 
     forth in the following table:

                 Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
                                       Installation or
             Location                     Location            Amount
------------------------------------------------------------------------
Worldwide Classified                Classified Project..      $1,887,000
------------------------------------------------------------------------

     SEC. 2402. ENERGY CONSERVATION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2404(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. 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 2404(a)(9), 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 
     $8,174,315,000.

     SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2007, for military construction, land acquisition, and 
     military family housing functions of the Department of 
     Defense (other than the military departments) in the total 
     amount of $10,436,164,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $996,883,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $133,809,000.
       (3) For the military construction projects at unspecified 
     worldwide locations authorized by section 2301(c), 
     $1,887,000.
       (4) For unspecified minor military construction projects 
     under section 2805 of title 10, United States Code, 
     $23,711,000.
       (5) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $10,000,000.
       (6) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $147,328,000.
       (7) For energy conservation projects authorized by section 
     2402 of this Act, $70,000,000.
       (8) For base closure and realignment activities 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, 
     $230,689,000.
       (9) For base closure and realignment activities authorized 
     by section 2403 of this Act and funded through the Department 
     of Defense Base Closure Account 2005 established by section 
     2906A 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), $8,174,315,000.
       (10) For military family housing functions:
       (A) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $48,848,000.
       (B) For credit to the Department of Defense Family Housing 
     Improvement Fund established by section 2883(a)(1) of title 
     10, United States Code, $500,000.
       (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 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 Public Law 
     109-234 (120 Stat. 485), $100,000,000.
       (14) For the construction of increment 3 of the regional 
     security operations center at Kunia, Hawaii, authorized by 
     section 2401(a) of the Military Construction Authorization 
     Act of Fiscal Year 2006 (division B of Public Law 109-163; 
     119 Stat. 3497), as amended by section 7017 of Public Law 
     109-234 (120 Stat. 485), $136,318,000.
       (15) 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), $51,017,000.
       (16) 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.
       (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).

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

     SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       The Secretary of Defense may make contributions for the 
     North Atlantic Treaty Organization Security Investment 
     Program as provided in section 2806 of title 10, United 
     States Code, in an amount not to exceed the sum of the amount 
     authorized to be appropriated for this purpose in section 
     2502 and the amount collected from the North Atlantic Treaty 
     Organization as a result of construction previously financed 
     by the United States.

     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2007, for contributions 
     by the Secretary of Defense under section 2806 of title 10, 
     United States Code, for the share of the United States of the 
     cost of projects for the North Atlantic Treaty Organization 
     Security Investment Program authorized by section 2501, in 
     the amount of $201,400,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land 
              acquisition projects.

     SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       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 reserve components, 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, 
     $425,891,000; and
       (B) for the Army Reserve, $133,084,000.
       (2) For the Department of the Navy, for the Navy Reserve 
     and Marine Corps Reserve, $59,950,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $111,717,000; and
       (B) for the Air Force Reserve, $27,559,000.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
              specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2005 
              projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2004 
              projects.
Sec. 2704. Effective date.

     SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED 
                   TO BE SPECIFIED BY LAW.

       (a) Expiration of Authorizations After Three Years.--Except 
     as provided in subsection

[[Page 12822]]

     (b), all authorizations contained in titles XXI through XXVI 
     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.

     SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   2005 PROJECTS.

       (a) Extension and Renewal.--Notwithstanding section 2701 of 
     the Military Construction Authorization Act for Fiscal Year 
     2005 (division B of Public Law 108-375; 118 Stat. 2116), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2101, 2302, 2401, or 2601 of that Act, 
     shall remain in effect until October 1, 2008, or the date of 
     the enactment of an Act authorizing funds for military 
     construction for fiscal year 2009, whichever is later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:

              Army: Extension of 2005 Project Authorization
------------------------------------------------------------------------
     Installation or Location              Project            Amount
------------------------------------------------------------------------
Schofield Barracks, Hawaii........  Training facility...     $35,542,000
------------------------------------------------------------------------


           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.
Whiteman Air Force Base, Missouri.  Family housing (160      $37,087,000
                                     units).
Seymour Johnson Air Force Base,     Family housing (167      $32,693,000
 North Carolina.                     units).
Goodfellow Air Force Base, Texas..  Family housing (127      $20,604,000
                                     units).
------------------------------------------------------------------------


         Defense Wide: Extension of 2005 Project Authorizations
------------------------------------------------------------------------
     Installation or Location        Agency and Project       Amount
------------------------------------------------------------------------
Naval Air Station, Oceana,          DLA bulk fuel             $3,589,000
 Virginia.                           storage tank.
Naval Air Station, Jacksonville,    TMA hospital project     $28,438,000
 Florida.
------------------------------------------------------------------------


      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. 2703. 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 tables in subsection (b), as 
     provided in section 2302 or 2601 of that Act and extended by 
     section 2702 of the Military Construction Authorization Act 
     for Fiscal Year 2007 (division B of Public Law 109-364; 120 
     Stat. 2464), shall remain in effect until October 1, 2008, or 
     the date of the enactment of an Act authorizing funds for 
     military construction for fiscal year 2009, whichever is 
     later.
       (b) Tables.--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, California.  Family housing (56       $12,723,000
                                     units).
Eglin Air Force Base, Florida.....  Family housing (279      $32,166,000
                                     units).
------------------------------------------------------------------------


      Army National Guard: Extension of 2004 Project Authorizations
------------------------------------------------------------------------
     Installation or Location              Project            Amount
------------------------------------------------------------------------
Albuquerque, New Mexico...........  Readiness center....      $2,533,000
Fort Indiantown Gap, Pennsylvania.  Multi-purpose            $15,338,000
                                     training range.
------------------------------------------------------------------------

     SEC. 2704. EFFECTIVE DATE.

       Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act 
     shall take effect on the later of--
       (1) October 1, 2007; or
       (2) the date of the enactment of this Act.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Temporary authority to support revitalization of Department 
              of Defense laboratories through unspecified minor 
              military construction projects.
Sec. 2802. Increased threshold for congressional notification of leases 
              for military family housing facilities in foreign 
              countries.
Sec. 2803. Limitation on use of alternative authority for acquisition 
              and improvement of military housing for privatization of 
              temporary lodging facilities.
Sec. 2804. Expansion of authority to exchange reserve component 
              facilities.
Sec. 2805. Extension of authority to accept cash equalization payments 
              for reserve component facility exchanges.
Sec. 2806. Authority to use operation and maintenance funds for 
              construction projects outside the United States.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Continued consolidation of real property provisions without 
              substantive change.
Sec. 2812. Cooperative agreement authority for management of cultural 
              resources on certain sites outside military 
              installations.
Sec. 2813. Agreements to limit encroachments and other constraints on 
              military training, testing, and operations.
Sec. 2814. Expansion to all military departments of Army pilot program 
              for purchase of certain municipal services for military 
              installations.
Sec. 2815. Retention of proceeds from enhanced use leases at Selfridge 
              Air National Guard Base.
Sec. 2816. Prohibition on commercial flights into Selfridge Air 
              National Guard Base.

                Subtitle C--Base Closure and Realignment

Sec. 2821. Transfer of funds from Department of Defense Base Closure 
              Account 2005 to Department of Defense Housing Funds.

                      Subtitle D--Land Conveyances

Sec. 2831. Conditions on acquisition of land for expansion of Pinon 
              Canyon Maneuver Site, Colorado.
Sec. 2832. Grant of easement, Eglin Air Force Base, Florida.
Sec. 2833. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.
Sec. 2834. Additional conditions on lease of property for headquarters 
              facility for United States Southern Command, Florida.
Sec. 2835. Transfer of jurisdiction, former Nike missile site, Grosse 
              Isle, Michigan.
Sec. 2836. Land Exchange, Fort Hood, Texas.
Sec. 2837. Exchange of jurisdiction over real property involving Fort 
              Belvoir, Virginia.
Sec. 2838. Modification of conveyance authority, Marine Corps Base, 
              Camp Pendleton, California.

                      Subtitle E--Energy Security

Sec. 2851. Repeal of congressional notification requirement regarding 
              cancellation ceiling for Department of Defense energy 
              savings performance contracts.

[[Page 12823]]

Sec. 2852. Report on opportunities for leveraging funds of the 
              Department of Defense and States to prevent disruption in 
              event of electric grid or pipeline failures.

                       Subtitle F--Other Matters

Sec. 2861. Revised deadline for transfer of Arlington Naval Annex to 
              Arlington National Cemetery.
Sec. 2862. Transfer of jurisdiction over Air Force Memorial to 
              Department of the Air Force.
Sec. 2863. Establishment of national military working dog teams 
              monument on suitable military installation.
Sec. 2864. Naming housing facility at Fort Carson, Colorado, in honor 
              of the Honorable Joel Hefley, a former member of the 
              United States House of Representatives.
Sec. 2865. Naming Navy and Marine Corps Reserve Center at Rock Island, 
              Illinois, in honor of the Honorable Lane Evans, a former 
              member of the United States House of Representatives.
Sec. 2866. 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. 2867. 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. 2868. Naming of Logistics Automation Training Facility, Army 
              Quartermaster Center and School, Fort Lee, Virginia, in 
              honor of General Richard H. Thompson.

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

     SEC. 2801. 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 redesignation 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 
     $5,000,000.
       ``(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. 2802. INCREASED THRESHOLD FOR CONGRESSIONAL NOTIFICATION 
                   OF LEASES FOR MILITARY FAMILY HOUSING 
                   FACILITIES IN FOREIGN COUNTRIES.

       Section 2828(f) of title 10, United States Code, is amended 
     by striking ``$500,000'' and inserting ``$1,000,000''.

     SEC. 2803. LIMITATION ON USE OF ALTERNATIVE AUTHORITY FOR 
                   ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING 
                   FOR PRIVATIZATION OF TEMPORARY LODGING 
                   FACILITIES.

       (a) Privatization Limited to Pilot Program.--Section 2878 
     of title 10, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(e) Limitation on Privatization of Temporary Lodging 
     Facilities.--Notwithstanding any other provision of this 
     subchapter, the privatization of temporary lodging facilities 
     under this subchapter shall be limited to a pilot program to 
     be conducted by the Secretary of the Army at the following 
     military installations:
       ``(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.''.
       (b) Reporting Requirements.--
       (1) Report by secretary of the army.--Not later than June 
     1, 2009, 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 pilot program 
     authorized by subsection (e) of section 2878 of title 10, 
     United States Code, as added by this section, at the military 
     installations specified in such subsection;
       (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 February 
     1, 2010, the Comptroller General shall submit to the 
     congressional defense committees a review of the pilot 
     program and of the report of the Secretary.

     SEC. 2804. 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, a State''.

     SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT CASH EQUALIZATION 
                   PAYMENTS FOR RESERVE COMPONENT 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. 2126) is amended by striking 
     ``September 30, 2007'' and inserting ``September 30, 2010''.

     SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS 
                   FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED 
                   STATES.

       (a) One-Year Extension of Authority.--Subsection (a) of 
     section 2808 of the Military Construction Authorization Act 
     for Fiscal Year 2004 (division B of Public Law 108-136; 117 
     Stat. 1723), as amended by section 2810 of the Military 
     Construction Authorization Act for Fiscal Year 2005 (division 
     B of Public Law 108-375; 118 Stat. 2128), section 2809 of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (division B of Public Law 109-163; 119 Stat. 3508), and 
     section 2802 of the Military Construction Authorization Act 
     for Fiscal Year 2007 (division B of Public Law 109-364; 120 
     Stat. 2466), is further amended by striking ``2007'' and 
     inserting ``2008''.
       (b) Repeal of Quarterly Reports; Advance Notice of Certain 
     Projects.--Such section is further amended--
       (1) in subsection (b), by striking ``Within seven days 
     after'' and inserting ``Except with respect to a construction 
     project described in subsection (d), within seven days 
     after'';
       (2) by striking subsection (d) and inserting the following 
     new subsection:
       ``(d) Advance Notice of Certain Construction Projects.--
     When a decision is made to use 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 notify 
     the congressional committees specified in subsection (f) of 
     that decision, including the information required by 
     subsection (b). The project may then be carried out only 
     after the end of the 21-day period beginning on the date the 
     notification is received by the committees or, if earlier, 
     the end of the 14-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. If 
     notice is provided under this subsection with respect to a 
     project, notice is not required under subsection (b) with 
     respect to the same project.''; and
       (3) by striking subsection (g) and inserting the following 
     new subsection:
       ``(g) Effect of Failure to Submit Project Notifications.--
     If the notices regarding the obligation of the funds for a 
     construction project required by subsection (b) or (d) is not 
     submitted to the congressional committees specified in 
     subsection (f) by the required date, appropriated funds 
     available for operation and maintenance may not be obligated 
     or expended after that date

[[Page 12824]]

     under the authority of this section to carry out construction 
     projects outside the United States until the date on which 
     the notice is finally submitted.''.

        Subtitle B--Real Property and Facilities Administration

     SEC. 2811. 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. 2812. 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 a military 
     installation'' and inserting ``located on a site authorized 
     by subsection (b)'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Authorized Cultural Resources Sites.--To be covered 
     by a cooperative agreement under subsection (a), cultural 
     resources must be located--
       ``(1) on a military installation; or
       ``(2) on a site outside of a military installation, but 
     only if the cooperative agreement will directly relieve or 
     eliminate current or anticipated restrictions that would or 
     might restrict, impede, or otherwise interfere, whether 
     directly or indirectly, with current or anticipated military 
     training, testing, or operations on a military 
     installation.''.
       (b) Cultural Resource Defined.--Subsection (d) of such 
     section, as redesignated by subsection (a)(2), is amended by 
     adding at the end the following new paragraph:
       ``(5) An Indian sacred site, as defined in section 
     1(b)(iii) of Executive Order 13007.''.

     SEC. 2813. 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)(C) of such subsection, as 
     redesignated by subsection (a)(1), is amended 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).''.

     SEC. 2814. 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 of each branch of 
     the Armed Forces''.
       (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. 2815. RETENTION OF PROCEEDS FROM ENHANCED USE LEASES AT 
                   SELFRIDGE AIR NATIONAL GUARD BASE.

       Notwithstanding section 2667(e) of title 10, United States 
     Code, or any other provision of law to the contrary, the 
     proceeds derived from the execution of an enhanced use lease 
     at Selfridge Air National Guard Base shall not be disbursed 
     outside of that military installation.

     SEC. 2816. 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.

                Subtitle C--Base Closure and Realignment

     SEC. 2821. 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.--Subsection (f) of such section is 
     amended 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)''.

                      Subtitle D--Land Conveyances

     SEC. 2831. CONDITIONS ON ACQUISITION OF LAND FOR EXPANSION OF 
                   PINON CANYON MANEUVER SITE, COLORADO.

       (a) Imposition of Conditions.--After completion of the 
     review required by the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.), if the Secretary of the Army 
     decides to acquire real property or an interest in real 
     property located near the Pinon Canyon Maneuver Site in the 
     State of Colorado (in this section referred to as the 
     ``Site'') for the purpose of expanding the Site, the 
     acquisition of such real property shall be subject to the 
     requirements of this section.
       (b) Limitation on Expansion Methods.--The Secretary of the 
     Army shall not tender an offer for the acquisition of, or 
     employ condemnation, eminent domain, or seizure of, real 
     property, or interest in real property, for the purpose of 
     expanding the Site until the Secretary has complied with the 
     following:
       (1) NEPA review.--The Secretary of the Army shall complete 
     the requisite reviews under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).
       (2) Use of negotiation.--The Secretary of the Army shall 
     comply with the Uniform Relocation Assistance and Real 
     Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et. 
     seq.) by making every reasonable effort to acquire by 
     negotiation the real property, or interest in real property, 
     such as a lease or easement.
       (3) Arbitration.--Notwithstanding, and in lieu of, any 
     other provision of law regarding arbitration or alternate 
     dispute resolution, the Secretary of the Army shall notify 
     the property owner or owners of their right to seek third 
     party arbitration, as identified in this paragraph, and of 
     the desire of the Secretary to conclude a negotiated 
     agreement as to the value of the real property or interest in 
     real property sought for acquisition by the Secretary. If the 
     property owner or owners and the Army do not reach an 
     agreement within 90 days after the Army has provided such 
     notice, on the request of the property owner or owners to the 
     Secretary, the matter shall be referred to third party 
     arbitration for resolution within a period of 90 days from 
     the date of referral. The decision of the arbitrator will be 
     binding.
       (c) Conditions on Arbitration.--
       (1) Conditions.--Arbitration under subsection (b)(3) shall 
     be subject to the following conditions:
       (A) The cost of such arbitration shall be the 
     responsibility of the Secretary of the Army.
       (B) The Secretary of the Army shall identify at least three 
     neutral third parties with experience in conducting 
     arbitrations as to real property values and shall make this 
     information available to the property owner or owners.
       (C) The issue of property value shall be referred to an 
     arbitrator selected by the property owner or owners from the 
     neutral third parties identified by the Secretary of the Army 
     pursuant to subparagraph (B).
       (D) The Army shall reimburse the property owner or owners 
     for reasonable costs incurred in

[[Page 12825]]

     pursuing the arbitration as established by the arbitrator.
       (2) Arbitrator powers and immunities.--An arbitrator 
     selected under paragraph (1)(C) to whom an action is referred 
     under this section shall have the power within the 
     acquisition process to conduct arbitration hearings, to 
     administer oaths and affirmations, and to make decisions as 
     to the value of the real property or interest in real 
     property subject to arbitration. An individual serving as 
     arbitrators pursuant to this section is entitled to the 
     immunities and protections provided by law.
       (d) Community Planning Assistance.--A community adversely 
     impacted by the acquisition by the Secretary of the Army of 
     real property for the purpose of expanding the Site shall be 
     deemed to be eligible for adjustment assistance under section 
     2391(b) of title 10, United States Code. The Secretary shall 
     consult with the Governor of Colorado regarding other steps 
     that may be taken to address impacts on local governments and 
     affected communities.
       (e) Consultation Regarding Resulting Status of Acquired 
     Land.--The Secretary of the Army shall consult with the 
     Secretary of Interior regarding the status of any real 
     property acquired for the purpose of expanding the Site for 
     purposes of payments to local governments under section 6901 
     of title 31, United States Code.
       (f) Access.--
       (1) Access to cultural and historic sites.--The Secretary 
     of the Army shall ensure reasonable access to cultural and 
     historic sites within the Site.
       (2) Grazing.--Where appropriate and under reasonable 
     conditions, the Secretary of the Army shall allow the grazing 
     of livestock within the Site.
       (g) Forest Service Lands.--If the Secretary of the Army 
     seeks to use real property for military purposes in the area 
     of interest, which as of the date of the enactment of this 
     Act were managed by the Secretary of Agriculture, the 
     Secretary of the Army shall--
       (1) secure a special use permit, including terms and 
     conditions for such use that are agreed to by the Secretary 
     of the Army and the Secretary of Agriculture; or
       (2) upon agreement with the Secretary of Agriculture, enter 
     into an interchange of lands under the authority of section 1 
     of the Act of July 26, 1956 (16 U.S.C. 505a).
       (h) State Lands.--The Secretary of the Army shall seek to 
     reach agreement with the Governor of Colorado on terms, 
     conditions, and reasonable compensation under which lands in 
     the area of interest owned by the State of Colorado can be 
     used for military purposes.

     SEC. 2832. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, FLORIDA.

       (a) Grant Required.--The Secretary of the Air Force shall 
     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. 2833. 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, 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 and their dependents 
     at the University.
       (c) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the 
     University to cover costs to be incurred by the Secretary, or 
     to reimburse the Secretary for costs incurred by the 
     Secretary, to carry out the conveyance under subsection (a), 
     including survey costs, related to the conveyance. If amounts 
     are collected from the University in advance of the Secretary 
     incurring the actual costs, and the amount collected exceeds 
     the costs actually incurred by the Secretary to carry out the 
     conveyance, the Secretary shall refund the excess amount to 
     the University.
       (2) Treatment of amounts received.--Amounts received under 
     paragraph (1) as reimbursement for costs incurred by the 
     Secretary to carry out the conveyance under subsection (a) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (d) 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.
       (e) Additional Term 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. 2834. ADDITIONAL CONDITIONS ON LEASE OF PROPERTY FOR 
                   HEADQUARTERS FACILITY FOR UNITED STATES 
                   SOUTHERN COMMAND, FLORIDA.

       (a) Use of Property Authorized.--Subject to subsection (b), 
     the Secretary of the Army may utilize the property of the 
     State of Florida described in sublease number 4489-01, which 
     was entered into between the State of Florida and the United 
     States, for the purpose of construction of a consolidated 
     headquarters facility for the United States Southern Command.
       (b) Negotiation for Additional Authorized Uses of 
     Property.--Given the substantial investment to be made by the 
     United States to construct a headquarters facility for the 
     United States Southern Command on the property referred to in 
     subsection (a), the Secretary shall enter into negotiations 
     to secure, before the award of a contract for the 
     construction of the facility, additional flexibility for the 
     United States to use the property for general administrative 
     purposes for any Federal agency, including in the event the 
     property is no longer used for the United States Southern 
     Command.
       (c) Acquisition of Additional Property.--The Secretary may 
     obtain the use of additional State lands adjacent to the 
     property referred to in subsection (a), if available by the 
     terms of the lease referred to in such subsection and needed 
     to complete the construction of the headquarters facility for 
     the United States Southern Command. Subsection (b) shall 
     apply with respect to any additional property secured under 
     this subsection.

     SEC. 2835. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE 
                   SITE, GROSSE ISLE, 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 by Army Corps of Engineers.--
     The Secretary of Defense, acting through the district office 
     of the Army Corps of Engineers in Louisville, Kentucky, shall 
     manage and carry out environmental remediation activities 
     with respect to the property described in subsection (b) 
     that, at a minimum, achieve the standard that the United 
     States Fish and Wildlife Service determines 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 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. 2836. 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 
     equal to the fair market value of the real property conveyed 
     under subsection (a), as determined by appraisals acceptable 
     to the Secretary.

[[Page 12826]]

       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be exchanged under this 
     section shall be determined by surveys satisfactory to the 
     Secretary.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the City 
     to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyances under this section, including 
     survey costs, related to the conveyances. If amounts are 
     collected from the City in advance of the Secretary incurring 
     the actual costs, and the amount collected exceeds the costs 
     actually incurred by the Secretary to carry out the 
     conveyances, the Secretary shall refund the excess amount to 
     the City.
       (2) Treatment of amounts received.--Amounts received under 
     paragraph (1) as reimbursement for costs incurred by the 
     Secretary to carry out the conveyances under this section 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyances. Amounts so credited shall be merged with amounts 
     in such fund or account and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (e) Additional Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2837. EXCHANGE OF JURISDICTION OVER REAL PROPERTY 
                   INVOLVING FORT BELVOIR, VIRGINIA.

       (a) Exchange.--Not later than September 30, 2008, the 
     Administrator of General Services and the Secretary of the 
     Army shall enter into an agreement providing for a property 
     exchange under which--
       (1) the Administrator transfers to the jurisdiction, 
     custody, and control of the Secretary--
       (A) the parcel of real property described in subsection 
     (b), including any improvements thereon; or
       (B) subject to a boundary determination by the 
     Administrator and concurrence by the Secretary, a portion of 
     the parcel of real property described in subsection (b), 
     including any improvements on that portion; and
       (2) the Secretary transfers to the jurisdiction, custody, 
     and control of the Administrator a parcel of real property 
     described in subsection (c).
       (b) GSA Property Description.--The property and 
     improvements referred to in subsection (a)(1) is the 
     approximately 72.23 acre site at 6999 Loisdale Road in 
     Springfield, Virginia, known as the GSA Franconia Warehouse, 
     identified in the land records of Fairfax County, Virginia, 
     as Parcel ID # 0902-01-0057, Lee District tax district 4000.
       (c) Army Property Description.--
       (1) In general.--The property referred to in subsection 
     (a)(2) is a parcel of real property acceptable to the 
     Administrator located at either--
       (A) Fort Belvoir, Virginia; or
       (B) another installation under the jurisdiction of the 
     Department of Army in the National Capital Region.
       (2) Improvements.--The parcel of real property selected for 
     transfer may include improvements on the property made by the 
     Army before the date of the enactment of this Act.
       (d) Negotiation.--
       (1) Terms and conditions.--As a condition of the exchange 
     of property under subsection (a), the agreement under such 
     subsection shall provide that the fair market value of the 
     properties to be exchanged shall be equal or equalized 
     through the use of a cash equalization payment.
       (2) Determination of fair market value.--For purposes of 
     paragraph (1), the fair market value of the property shall be 
     determined--
       (A) based on the highest and best use of the property, as 
     determined by an independent appraisal jointly commissioned 
     by the Administrator and the Secretary of the Army; and
       (B) using the definition of fair market value contained in 
     the Uniform Appraisal Standards for Federal Land 
     Acquisitions.
       (e) No Effect on Compliance With Environmental Laws.--
     Nothing in this section 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)).
       (f) Use of Property.--After completion of the exchange of 
     property under subsection (a), the Secretary may relocate 
     personnel to facilities to be constructed or leased (or a 
     combination of both) on the property who otherwise would be 
     located or relocated to Fort Belvoir.
       (g) Relocation of Personnel, Equipment, and Supplies.--
       (1) In general.--Subject to paragraph (2), the 
     Administrator may procure and provide space for the 
     relocation of personnel, equipment, and supplies of the 
     General Services Administration and its tenants on property 
     transferred under subsection (a)(1).
       (2) Notice to committees.--Before undertaking an activity 
     under paragraph (1) that otherwise 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.
       (3) Relocation costs.--As a condition of the transfer of 
     property under subsection (a), the Secretary shall agree--
       (A) to advance funds to the Administrator to cover the 
     costs projected to be incurred by the Administrator, based on 
     an estimate of such costs prepared by the Administrator, for 
     relocating personnel, equipment, and supplies of the General 
     Services Administration and its tenants from the property; 
     and
       (B) if the initial advance of funds is insufficient, to 
     advance additional funds to the Administrator in accordance 
     with a revised or supplemental estimate prepared by the 
     Administrator.
       (4) Excess funds.--The Administrator shall return to the 
     Secretary any funds received under paragraph (3) that are not 
     used for the purposes described in such paragraph.
       (h) Additional Terms and Conditions.--The Administrator and 
     the Secretary of the Army may require such additional terms 
     and conditions in connection with the exchange under 
     subsection (a) 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.

     SEC. 2838. 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).

                      Subtitle E--Energy Security

     SEC. 2851. 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. 2852. REPORT ON OPPORTUNITIES FOR LEVERAGING FUNDS OF 
                   THE DEPARTMENT OF DEFENSE AND STATES TO PREVENT 
                   DISRUPTION IN EVENT OF ELECTRIC GRID OR 
                   PIPELINE FAILURES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense, acting through the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics, shall submit to the congressional defense 
     committees a report on approaches by which the Department of 
     Defense may contribute funds and other resources of the 
     Department, which when combined with resources from other 
     funding sources, such as State System Benefit Trust Funds, 
     Clean Air Act State Implementation Funds, and State Homeland 
     Security Critical Infrastructure Grants, will accelerate 
     efforts to harden critical functions on and around military 
     and security facilities to prevent disruption in the event of 
     major electric grid or natural gas or petroleum pipeline 
     failures.

                       Subtitle F--Other Matters

     SEC. 2861. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL 
                   ANNEX TO ARLINGTON NATIONAL CEMETERY.

       Section 2881(h) of the Military Construction Authorization 
     Act for Fiscal Year 2000 (division B of Public Law 106-65; 
     113 Stat. 880) is amended by striking paragraphs (1) and (2) 
     and inserting the following new paragraphs:
       ``(1) January 1, 2013;
       ``(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. 2862. 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), administrative 
     jurisdiction, custody, and control of the parcel of Federal 
     land described in subsection (b)(1) of such section 2863 is 
     hereby transferred to the Secretary of the Air Force.
       (b) Access and Management of Air Force Memorial.--In 
     addition to authorities available to the Secretary of the Air 
     Force under any other provision of law, the Secretary may 
     enter into a cooperative agreement with the Air Force 
     Memorial Foundation or other appropriate private 
     organizations to provide management, maintenance, and repair 
     of the Air Force Memorial and surrounding site and to 
     facilitate public access to the memorial.

     SEC. 2863. 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

[[Page 12827]]

     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. 2864. NAMING 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 2006 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 through 2006, as Chairman of the Subcommittee on 
     Readiness.
       (3) Representative Hefley's colleagues know him to be 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. 2865. NAMING NAVY AND MARINE CORPS RESERVE CENTER AT 
                   ROCK ISLAND, ILLINOIS, IN HONOR OF THE 
                   HONORABLE LANE EVANS, A FORMER MEMBER OF THE 
                   UNITED STATES HOUSE OF REPRESENTATIVES.

       (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 2006 
     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 is 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. 2866. 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. 2867. 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. 2868. 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.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

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

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Study on using existing pits for the Reliable Replacement 
              Warhead program.
Sec. 3112. National Nuclear Security Administration study on nuclear 
              weapons complex protective forces.
Sec. 3113. Report on retirement and dismantlement of nuclear warheads.
Sec. 3114. Assessment of security risks posed to nuclear weapons 
              complex.
Sec. 3115. Department of Energy report on plan to strengthen and expand 
              International Radiological Threat Reduction program.
Sec. 3116. Department of Energy report on plan to strengthen and expand 
              Materials Protection, Control, and Accounting program.
Sec. 3117. Authority to use International Nuclear Materials Protection 
              and Cooperation program funds outside the former Soviet 
              Union.
Sec. 3118. Increased authority for ombudsman under Energy Employees 
              Occupational Illness Compensation Program.

         Subtitle A--National Security Programs Authorizations

     SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       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 
     $9,536,833,000, to be allocated as follows:
       (1) For weapons activities, $6,511,312,000.
       (2) For defense nuclear nonproliferation activities, 
     $1,817,646,000.
       (3) For naval reactors, $808,219,000.
       (4) For the Office of the Administrator for Nuclear 
     Security, $399,656,000.

     SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal

[[Page 12828]]

     year 2008 for defense environmental cleanup activities in 
     carrying out programs necessary for national security in the 
     amount of $5,363,905,000.

     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.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

     SEC. 3111. 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 to remanufacture warheads for the Reliable 
     Replacement Warhead (RRW) program.
       (b) Report.--
       (1) In general.--Not later than February 1, 2008, 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 to remanufacture warheads 
     for the RRW program is technically feasible;
       (ii) whether remanufacturing warheads with existing pits is 
     more desirable than remanufacturing warheads with newly 
     manufactured pits;
       (iii) the number of existing pits suitable for such 
     remanufacturing;
       (iv) whether proceeding to remanufacture warheads with 
     existing pits before remanufacturing warheads with newly 
     manufactured pits is desirable; and
       (v) the extent to which remanufacturing warheads with 
     existing pits, as compared to remanufacturing warheads with 
     newly manufactured pits, 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) warheads remanufactured with existing pits;
       (ii) warheads remanufactured with newly manufactured pits; 
     and
       (iii) warheads maintained by the Stockpile Life Extension 
     Programs.
       (c) Definitions.--For the purposes of this section, the 
     terms ``remanufacturing'' and ``remanufacture'' mean the 
     replacement of existing warheads with modern components that 
     are designed to increase the reliability, safety, and surety 
     of the warhead, but that do not alter the yield of the 
     warhead or affect military characteristics of the warhead in 
     any way.
       (d) 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. 3112. NATIONAL NUCLEAR SECURITY ADMINISTRATION STUDY ON 
                   NUCLEAR WEAPONS COMPLEX PROTECTIVE FORCES.

       (a) Study Required.--The Administrator for Nuclear Security 
     shall carry out a study on the composition of the workforce 
     providing protective forces at the nuclear weapons complex.
       (b) Report.--Not later than March 1, 2008, the 
     Administrator for Nuclear Security shall submit to the 
     congressional defense committees a report on the results of 
     the study. The report shall include the following:
       (1) An assessment of whether the incentives inherent in the 
     use of contractors to provide protective forces increase or 
     decrease the risk that such protective forces will be 
     substandard.
       (2) Assessments of the feasibility, costs, benefits, and 
     implications of having protective forces at the nuclear 
     weapons complex be provided by a workforce comprised--
       (A) only of contractor employees;
       (B) only of Federal employees;
       (C) of both contractor employees and Federal employees; and
       (D) in any other manner that the Administrator considers 
     appropriate for assessment under this paragraph.

     SEC. 3113. REPORT ON RETIREMENT AND DISMANTLEMENT OF NUCLEAR 
                   WARHEADS.

       Not later than February 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 are not part of the enduring stockpile but that 
     have not yet been retired or dismantled. The report shall 
     include the following:
       (1) The existing plan and schedule for retiring and 
     dismantling those warheads.
       (2) An assessment of the capacity of the Pantex and Y-12 
     plants to accommodate an accelerated schedule for retiring 
     and dismantling those warheads.
       (3) An assessment of the feasibility of implementing such 
     an accelerated schedule.

     SEC. 3114. ASSESSMENT OF SECURITY RISKS POSED TO NUCLEAR 
                   WEAPONS COMPLEX.

       (a) Assessments Required.--The Administrator for Nuclear 
     Security shall conduct an assessment of--
       (1) the physical security risks, and the cyber security 
     risks, posed to the nuclear weapons complex; and
       (2) the security technologies employed within the nuclear 
     weapons complex.
       (b) Report Required.--Not later than February 1, 2008, the 
     Administrator shall submit to the congressional defense 
     committees a report on the assessments conducted under 
     subsection (a). The report shall include--
       (1) for each site within the nuclear weapons complex, a 
     description of the security technologies employed at the site 
     and, for each such technology, the age and maintenance status 
     of the technology;
       (2) a description of the methods used by the Department of 
     Energy to establish priorities among investments in physical 
     and cyber security programs and activities; and
       (3) a multi-year plan for the lifecycle maintenance (and 
     replacement) of the security technologies employed within the 
     nuclear weapons complex.

     SEC. 3115. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN 
                   AND EXPAND INTERNATIONAL RADIOLOGICAL THREAT 
                   REDUCTION PROGRAM.

       Not later than 60 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 
     highest 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 steadily 
     increases 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. 3116. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN 
                   AND EXPAND MATERIALS PROTECTION, CONTROL, AND 
                   ACCOUNTING PROGRAM.

       Not later than 60 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 Russia and other countries, in 
     coordination with and with the concurrence of the Secretary 
     of State, to develop an 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 steadily 
     increases 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. 3117. AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS 
                   PROTECTION AND COOPERATION PROGRAM FUNDS 
                   OUTSIDE THE FORMER SOVIET UNION.

       (a) Modification of Certification Requirement.--Section 
     3124 of the National Defense Authorization Act for Fiscal 
     Year 2004 (Public Law 108-136; 117 Stat. 1747) is amended in 
     subsection (a)--
       (1) by striking ``the President may'' and inserting ``the 
     Secretary of Energy may''; and
       (2) by striking ``if the President'' and inserting ``if the 
     Secretary of Energy, with the concurrence of the Secretary of 
     State,''.
       (b) Repeal of Funding Limitation.--Section 3124 of that Act 
     is further amended by striking subsection (c).

[[Page 12829]]

       (c) Congressional Notice Requirement.--Section 3124 of that 
     Act is further amended in subsection (d)--
       (1) in pararaph (1)--
       (A) by striking ``The President may not'' and inserting 
     ``The Secretary of Energy may not''; and
       (B) by striking ``until the President'' and inserting 
     ``until the Secretary of Energy'';
       (2) in paragraph (2)--
       (A) by striking ``Not later than 10 days after'' and 
     inserting ``Not later than 15 days prior to'';
       (B) by striking ``the President shall'' and inserting ``the 
     Secretary of Energy shall''; and
       (C) by striking ``Congress'' and inserting ``the Committee 
     on Armed Services and the Committee on Foreign Affairs of the 
     House of Representatives and the Committee on Armed Services 
     and Committee on Foreign Relations of the Senate''; and
       (3) by adding at the end the following:
       ``(3) In the case of a situation that threatens human life 
     or safety or where a delay would severely undermine the 
     national security of the United States, notification under 
     paragraph (2) shall be made not later than 10 days after 
     obligating funds under the authority in subsection (a) for a 
     project or activity.''.

     SEC. 3118. INCREASED AUTHORITY FOR OMBUDSMAN UNDER ENERGY 
                   EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
                   PROGRAM.

       Section 3686 of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is 
     amended--
       (1) by amending subsection (c) to read as follows:
       ``(c) Duties.--The duties of the Office shall be as 
     follows:
       ``(1) To assist individuals in making claims under this 
     title.
       ``(2) To provide information on the benefits available 
     under this title and on the requirements and procedures 
     applicable to the provision of such benefits.
       ``(3) To act as an advocate on behalf of individuals 
     seeking benefits under this title.
       ``(4) To make recommendations to the Secretary regarding 
     the location of centers (to be known as `resource centers') 
     for the acceptance and development of claims for benefits 
     under this title.
       ``(5) To carry out such other duties as the Secretary shall 
     specify.''; and
       (2) by striking subsection (g) (establishing a sunset date) 
     and inserting the following:
       ``(g) Contract Authority.--The Ombudsman shall have 
     authority to contract for the services of individuals with 
     expertise in relevant disciplines, including health physics, 
     medicine, industrial hygiene, and toxicology, as the 
     Ombudsman may from time to time consider appropriate.
       ``(h) Funding.--Effective for appropriations made for 
     fiscal year 2008 and each fiscal year thereafter, and 
     notwithstanding section 3684 or any other provision of this 
     title, or section 151 of Division B of the Miscellaneous 
     Appropriations Act, 2001 (as enacted into law by the 
     Consolidated Appropriations Act, 2001 (Public Law 106-554; 
     114 Stat. 2763A-251)), this section shall not be carried out 
     with direct spending under this title. Instead, no funds 
     shall be obligated for the purpose of carrying out this 
     section except funds appropriated specifically for the 
     purpose of carrying out this section in appropriations Acts 
     enacted after the date of the enactment of this subsection. 
     There are authorized to be appropriated such sums as may be 
     necessary to carry out this section for fiscal year 2008 and 
     each fiscal year thereafter.''.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

     SEC. 3201. 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 XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously 
              authorized disposals from the national defense stockpile.

     SEC. 3301. 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. 3302. 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 
     ``$730,000,000 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 ``$1,469,102,000 by the end of 
     fiscal year 2015''.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

     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.

                  TITLE XXXV--MARITIME ADMINISTRATION

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

     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, $115,276,000, of which--
       (A) $13,850,000 shall remain available until expended for 
     capital improvements at the United States Merchant Marine 
     Academy; and
       (B) $8,218,000 shall remain available until expended for 
     maintenance and repair of school ships at the State Maritime 
     Academies.
       (2) 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.

     SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBATANT 
                   VESSELS TO NAVY FOR DISPOSAL.

       The Secretary of Transportation shall, subject to the 
     availability of appropriations and consistent with section 
     1535 of title 31, United States Code, popularly known as the 
     Economy Act, transfer to the Secretary of the Navy during 
     fiscal year 2008 for disposal by the Navy, no fewer than 3 
     combatant vessels in the nonretention fleet of the Maritime 
     Administration that are acceptable to the Secretary of the 
     Navy.

  The Acting CHAIRMAN. No amendment to the amendment in the nature of a 
substitute is in order except those printed in House Report 110-151 and 
amendments en bloc described in section 3 of House Resolution 403.
  Each amendment printed in the report shall be offered only in the 
order printed, except as specified in section 4 of the Resolution; may 
be offered only by a Member designated in the report; shall be 
considered read; shall be debatable for the time specified in the 
report, equally divided and controlled by the proponent and an 
opponent; shall not be subject to amendment; and shall not be subject 
to a demand for division of the question.
  It shall be in order at any time for the chairman of the Committee on 
Armed Services or his designee to offer amendments en bloc consisting 
of amendments printed in the report not earlier disposed of.
  Amendments en bloc shall be considered read; shall be debatable for 
20 minutes, equally divided and controlled by the chairman and ranking 
minority member or their designees; shall not be subject to amendment; 
and shall not be subject to a demand for division of the question.
  The original proponent of an amendment included in the amendments en 
bloc may insert a statement in the Congressional Record immediately 
before disposition of the amendments en bloc.

[[Page 12830]]

  The Chairman of the Committee of the Whole may recognize for 
consideration of any amendment out of the order printed, but not sooner 
than 30 minutes after the chairman of the Committee on Armed Services 
or a designee announces from the floor a request to that effect.
  Such announcement has been made with regard to amendments 33, 29, 49, 
8, 14, 21, and 38.


               Amendment No. 33 Offered by Ms. Schakowsky

  The Acting CHAIRMAN. It is now in order to consider amendment No. 33 
printed in House Report 110-151.
  Ms. SCHAKOWSKY. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 33 offered by Ms. Schakowsky:
       Strike sections 831, 832, and 833, and insert the 
     following:

     SEC. 831. 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 
     enter into a memorandum of understanding regarding matters 
     relating to contracting for contracts in Iraq or Afghanistan.
       (b) Restrictions on Contracting Until Memorandum Signed.--
       (1) Restriction.--Except as provided in paragraph (2), on 
     and after January 1, 2008, no contracts in Iraq or 
     Afghanistan may be awarded by the Department of Defense, the 
     Department of State, or the United States Agency for 
     International Development (A) unless the memorandum required 
     by subsection (a) has been signed by the Secretary of 
     Defense, the Secretary of State, or the Administrator of the 
     United States Agency for International Development, 
     respectively; and (B) the department or agency concerned has 
     initiated use of the common database identified in such 
     memorandum to track contracts in Iraq or Afghanistan.
       (2) Waiver.--
       (A) The President may waive the restriction in paragraph 
     (1) for a period of 45 days if the President determines in 
     writing that, but for such a waiver, there would be 
     substantial harm to critical national security objectives and 
     submits the determination, including the reasons for such 
     determination, to the relevant committees of Congress at 
     least 15 days before issuing the waiver.
       (B) Such waiver may be renewed for one additional 45-day 
     period if the President submits a determination in writing to 
     the relevant committees of Congress that renewal of the 
     waiver is necessary to avoid substantial harm to critical 
     national security objectives.
       (c) 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 authorizing the carrying of weapons 
     in performance of such contracts.
       (4) Responsibility for establishing minimum qualifications, 
     including background checks, for personnel carrying weapons 
     in performance of such contracts.
       (5) Responsibility for setting rules of engagement for 
     personnel carrying weapons in performance of such contracts.
       (6) Responsibility for establishing procedures for, and the 
     coordination of, movement of contractor personnel in Iraq or 
     Afghanistan.
       (7) Identification of a common database that will serve as 
     a repository of information on all contracts in Iraq or 
     Afghanistan, and agreement on the elements to be included in 
     the database, including, at a minimum, with respect to each 
     contract--
       (A) a brief description of the contract;
       (B) the value of the contract;
       (C) the amount of cost ascribed to overhead for the 
     contract;
       (D) the amount of cost ascribed to security for the 
     contract;
       (E) the total number of personnel employed on the contract; 
     and
       (F) the total number of personnel employed on the contract 
     who provide security in Iraq or Afghanistan.
       (8) Responsibility for maintaining and updating information 
     in the common database identified under paragraph (7).
       (9) 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).
       (10) Responsibility for the issuance of guidance, as 
     appropriate, on equipment used by contractor personnel, 
     including guidance on appropriate vehicles, uniforms, body 
     armor, and weapons.
       (11) Responsibility for the collection and maintenance of 
     information relating to casualties suffered by personnel 
     working on contracts in Iraq or Afghanistan.
       (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) Database.--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 
     database identified under subsection (c)(7) to the relevant 
     committees of Congress.
       (3) Contracts.--Effective on the date of the enactment of 
     this Act, copies of any contracts awarded in Iraq or 
     Afghanistan 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. 832. COMPTROLLER GENERAL REVIEWS AND REPORTS ON 
                   CONTRACTING IN IRAQ AND AFGHANISTAN.

       (a) Reviews and Reports Required.--
       (1) In general.--Every six 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 awarded during the period 
     covered by the report.
       (B) Total number of active contracts.
       (C) Total value of all contracts awarded during the 
     reporting period.
       (D) Total value of active contracts.
       (E) Total number of contractor personnel working on 
     contracts during the reporting period.
       (F) Total number of contractor personnel who have provided 
     security in Iraq or Afghanistan for contracts during the 
     reporting period.
       (G) Categories of activities undertaken in reviewed 
     contracts.
       (H) The extent to which such contracts have used 
     competitive procedures.
       (I) The extent to which such contracts have achieved the 
     initial scope of requirements included in the contracts.
       (J) The effect of costs for security on such contracts and 
     whether contracting for security on such contracts rather 
     than government-provided security is more effective, 
     efficient, and consistent with the United States policy 
     goals.
       (K) 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 
     March 1, 2008, and shall submit an updated report every six 
     months thereafter until March 1, 2010.
       (b) Access to Database on Contracts.--The Secretary of 
     Defense, the Secretary of State, and the Administrator for 
     the United States Agency for International Development shall 
     provide full access to the database described in section 
     831(c)(7) to the Comptroller General for purposes of the 
     reviews carried out under this section.

     SEC. 833. 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) Contracts in iraq or afghanistan.--The term ``contracts 
     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 at any 
     tier issued under such a contract (including a contract, 
     subcontract, or task 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 
     involves worked performed in Iraq or Afghanistan for a period 
     longer than 14 days.
       (3) 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

[[Page 12831]]

     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.

  The Acting CHAIRMAN. Pursuant to House Resolution 403, the 
gentlewoman from Illinois (Ms. Schakowsky) and a Member opposed each 
will control 5 minutes.
  The Chair recognizes the gentlewoman from Illinois.

                              {time}  1745

  Madam Chairman, I'd like to yield myself 2 minutes.
  I'd like to thank Chairman Skelton and the Armed Services Committee 
staff for working with me to bring forth language to provide oversight 
for Iraq and Afghanistan contractors.
  There are now almost as many contractors in Iraq as soldiers. In 
fact, contractors compose the second largest force in Iraq after the 
U.S. military.
  The Washington Post has said that there may are approximately 100,000 
government contractors, as many as 25,000 to 40,000 who are armed 
security contractors that seem to be entirely outside the reach of the 
law. Many of these private contractors are performing what are 
traditionally viewed as inherently governmental functions.
  The Schakowsky-Price amendment gives Congress access to a database 
created in the base bill that would collect the descriptions of the 
contracts, value of the contracts, amount of overhead on the contracts, 
total number of personnel employed on the contracts, and other general 
information.
  Currently, Congress can't provide oversight of the contracts for Iraq 
and Afghanistan because we don't know what's in them. This would give 
access to members of the relevant committees.
  To those on the other side of the aisle who may be concerned about a 
set date for a memorandum of understanding to be signed, we recognize 
that may need to be readjusted as the bill moves through committee.
  Congress and the American people need to evaluate the role of 
contractors. We need to know how many there are, how much they cost, 
and what they are doing. It's time we shine some light on the rapidly 
expanding use of contractors in the war zone.
  As the Iraq war experience makes clear, a more transparent framework 
for monitoring and regulation of contracts is urgently needed. So I 
strongly recommend my colleagues to support the amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. HUNTER. Madam Chair, I rise to speak about the amendment. I don't 
rise in opposition to the amendment, but I would like to take the time 
and address the issue.
  The Acting CHAIRMAN. Without objection, the gentleman from California 
is recognized for 5 minutes.
  There was no objection.
  Mr. HUNTER. Madam Chair, we've looked over the amendment. It's really 
an adjustment of a part of the base bill that we have that allows for 
this memorandum of understanding between these three primary entities, 
State, DOD and AID, to make sure that they have an understanding of 
authorization of the carrying of the weapons by contractors, the rules 
of engagement, coordinating movement of contractors, collecting 
information relating to offenses under UCMJ and also, additionally, 
what the gentlelady has offered in her amendment, the issuance of 
guidance on all equipment, including uniforms, body armor, weapons and 
the collection of information related to casualties suffered by 
contractors.
  And our only concern, of course, is that we have enough time for this 
memorandum of understanding to be put together after the bill becomes 
law, which in some cases is late December, hopefully long before then. 
And so what we do need is to have the ability of the administration, if 
they don't have that together. And one thing we all agree on is you've 
got to do this right when they do it, when they issue this memorandum 
of understanding. So they need to have time to do it; that we do have a 
waiver or an extension of time that would be allowed.
  And so I've talked this over with the gentlelady, who is the author 
of the amendment. She's amenable to extending the time period for this 
memorandum of understanding to be worked out, and the chairman has 
graciously agreed that he also supports that.
  And so just in a simple informal colloquy, I'd just ask the chairman 
if it's his agreement that, in conference, we would work to extend the 
time wherein the memorandum of understanding could be worked out if, in 
fact, it can't be done within 90 days of the first of January 2008. 
Would the gentleman agree to effect that in conference?
  Mr. SKELTON. Yes. If the gentleman would yield.
  Mr. HUNTER. Absolutely.
  Mr. SKELTON. I certainly do agree. I think that's a reasonable 
request, and I think the gentlelady from Illinois also would agree to 
it.
  Mr. HUNTER. I would further ask the gentlelady if that's fine with 
her, if she would be in accord with that.
  Ms. SCHAKOWSKY. Yes, it is.
  Mr. HUNTER. Thank you very much. In that case we support this 
amendment and would not object to its adoption.
  Madam Chairman, I yield back the balance of my time.
  Ms. SCHAKOWSKY. Madam Chairman, I yield 1\1/2\ minutes to Mr. Price 
of North Carolina.
  Mr. PRICE of North Carolina. Madam Chairman, I thank Ms. Schakowsky 
for yielding and for her good work on this amendment, the Schakowsky-
Price amendment.
  I also want to thank Chairman Skelton for his significant steps he 
takes in this bill to address the vast challenges surrounding 
battlefield contracting. He generously worked with me to include key 
elements of H.R. 369, my bill regarding security contractors, and I 
appreciate his leadership.
  Very quickly, I want to highlight three additional improvements this 
amendment will make to language in the bill. First, it will require the 
departments doing the vast majority of contracting, DOD, State, USAID, 
to track contractor casualties. We believe over 800 contractors have 
been killed in Iraq and many more injured. But what's the exact toll? 
We do not know. Our amendment will change that.
  Secondly, the amendment will require these departments when 
appropriate to issue guidance on appropriate equipment and uniforms for 
contractors.
  And thirdly, it will require the departments to clarify how a 
provision inserted in last year's defense bill, which places certain 
contractors under the Uniform Code of Military Justice, will be 
implemented.
  These are three simple but important additions that make the bill's 
current language even stronger, ensuring that the agencies engaged in 
contracting on the battlefield will develop an effective framework for 
managing and overseeing contractors.
  Four years into the war in Iraq, and after all the stories of waste 
and abuse and criminal misconduct, I think we can agree that this is 
not too much to ask. I urge my colleagues to support the amendment.
  Mr. HUNTER. Will the gentlelady yield?
  Ms. SCHAKOWSKY. Yes, I would yield.
  Mr. HUNTER. I just wanted to thank the gentlelady for, respectfully, 
for her addition to this amendment and her concern about the 
contractors. And you know, just reflect for a second, that our 
contractors who go over to the warfighting theaters in Iraq and 
Afghanistan undertake enormous danger, and a large number of them have 
been killed and wounded. And many of them, the ones that I have met, 
are largely American veterans who have, they go for two reasons; one is 
they do make good money. It's a job, it's a worthwhile job. They feel 
like they're supporting our country. They also have a great, the ones 
I've talked to, have a great deal of concern for the troops. They have 
a feeling of partnership with the people that wear the uniform of the

[[Page 12832]]

United States, and they are a great asset to this country. And I think 
it's appropriate that we follow, we carefully watch how they're treated 
and how they're protected. I think that's absolutely appropriate.
  I thank the chairman for embedding this base provision in the base 
bill, and members on the Republican and Democrat side who've worked to 
put this together, and I thank the gentlelady for her thoughtful 
addition.
  Ms. SCHAKOWSKY. Madam Chairman, I yield my remaining time to Chairman 
Ike Skelton.
  Mr. SKELTON. Madam Chairman, let me take this opportunity to 
compliment the gentlelady, Ms. Schakowsky, and also Mr. Price, the 
gentleman from North Carolina, and thank the ranking member, Mr. 
Hunter, for working this out. It's a step in the right direction. It's 
also an example of bipartisanship, and we appreciate it.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Illinois (Ms. Schakowsky).
  The amendment was agreed to.


                Amendment No. 29 Offered by Mr. Fossella

  The Acting CHAIRMAN. It is now in order to consider amendment No. 29 
printed in House Report 110-151.
  Mr. FOSSELLA. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 29 offered by Mr. Fossella:
       At the end of title VI, insert the following new section:

     SEC. 674. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED 
                   FORCES SERVING IN IRAQ OR AFGHANISTAN.

       (a) Availability of Postal Benefits.--The Secretary of 
     Defense, in consultation with the United States Postal 
     Service, shall provide for a program under which postal 
     benefits are provided to qualified individuals in accordance 
     with this section.
       (b) Qualified Individual.--In this section, the term 
     ``qualified individual'' means a member of the Armed Forces 
     on active duty (as defined in section 101 of title 10, United 
     States Code) who--
       (1) is serving in Iraq or Afghanistan; or
       (2) is hospitalized at a facility under the jurisdiction of 
     the Department of Defense as a result of a disease or injury 
     incurred as a result of service in Iraq or Afghanistan.
       (c) Postal Benefits Described.--
       (1) Vouchers.--The postal benefits provided under the 
     program shall consist of such coupons or other similar 
     evidence of credit, whether in printed, electronic, or other 
     format (in this section referred to as a ``voucher''), as the 
     Secretary of Defense, in consultation with the Postal 
     Service, shall determine, which entitle the bearer or user to 
     make qualified mailings free of postage.
       (2) Qualified mailing.--In this section, the term 
     ``qualified mailing'' means the mailing of a single mail 
     piece which--
       (A) is first-class mail (including any sound- or video-
     recorded communication) not exceeding 13 ounces in weight and 
     having the character of personal correspondence or parcel 
     post not exceeding 10 pounds in weight;
       (B) is sent from within an area served by a United States 
     post office; and
       (C) is addressed to a qualified individual.
       (3) Coordination rule.--Postal benefits under the program 
     are in addition to, and not in lieu of, any reduced rates of 
     postage or other similar benefits which might otherwise be 
     available by or under law, including any rates of postage 
     resulting from the application of section 3401(b) of title 
     39, United States Code.
       (d) Number of Vouchers.--A member of the Armed Forces shall 
     be eligible for one voucher for every second month in which 
     the member is a qualified individual.
       (e) Limitations on Use; Duration.--A voucher may not be 
     used--
       (1) for more than a single qualified mailing; or
       (2) after the earlier of--
       (A) the expiration date of the voucher, as designated by 
     the Secretary of Defense; or
       (B) the end of the one-year period beginning on the date on 
     which the regulations prescribed under subsection (f) take 
     effect.
       (f) Regulations.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense (in 
     consultation with the Postal Service) shall prescribe such 
     regulations as may be necessary to carry out the program, 
     including--
       (1) procedures by which vouchers will be provided or made 
     available in timely manner to qualified individuals; and
       (2) procedures to ensure that the number of vouchers 
     provided or made available with respect to any qualified 
     individual complies with subsection (d).
       (g) Transfers to Postal Service.--
       (1) Based on estimates.--The Secretary of Defense shall 
     transfer to the Postal Service, out of amounts available to 
     carry out the program and in advance of each calendar quarter 
     during which postal benefits may be used under the program, 
     an amount equal to the amount of postal benefits that the 
     Secretary estimates will be used during such quarter, reduced 
     or increased (as the case may be) by any amounts by which the 
     Secretary finds that a determination under this section for a 
     prior quarter was greater than or less than the amount 
     finally determined for such quarter.
       (2) Based on final determination.--A final determination of 
     the amount necessary to correct any previous determination 
     under this section, and any transfer of amounts between the 
     Postal Service and the Department of Defense based on that 
     final determination, shall be made not later than six months 
     after the end of the one-year period referred to in 
     subsection (e)(2)(B).
       (3) Consultation required.--All estimates and 
     determinations under this subsection of the amount of postal 
     benefits under the program used in any period shall be made 
     by the Secretary of Defense in consultation with the Postal 
     Service.
       (h) Funding.--
       (1) Authorization of appropriations.--Of the amounts 
     authorized to be appropriated in section 421 for military 
     personnel for fiscal year 2008, $10,000,000 shall be for 
     postal benefits provided in this section.
       (2) Offsetting reduction.--Funds authorized to be 
     appropriated in section 101(5) for the Army in fiscal year 
     2008 for other procurement are reduced by $10,000,000, to be 
     derived from Joint High Speed Vessel.

  The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman 
from New York (Mr. Fossella) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. FOSSELLA. Madam Chairman, I yield myself 3\1/2\ minutes.
  Madam Chairman, most people don't realize while our troops are in 
harm's way in Afghanistan and Iraq, that their family members back 
home, if they want to send them a care package, whatever that care 
package may consist of, from a young child's homework assignment or a 
drawing or an artist's rendering, to just something from home to help 
them in their time of trouble, right now those families must pay for 
it. And on average, it's not unusual for a family to incur about $1,500 
a year in postage to mail those packages.
  My amendment would authorize free mailing privileges for family 
members of our servicemen and women serving in Iraq and Afghanistan. I 
believe the amendment offers tremendous opportunity to increase the 
morale of our troops overseas which, as we are well aware, is a 
necessary component to have a confident and fully prepared military.
  I would like to thank, of course, Chairman Skelton, Ranking Member 
Hunter, Personnel Subcommittee chairman, Mr. Snyder, and my good 
friend, John McHugh from New York, for helping to bring this amendment 
to fruition.
  I drafted the amendment in response to concerns expressed to me by 
many family members that it was becoming too costly to send those 
regular care packages to their loved ones overseas. I heard story after 
story of families that are already finding it hard to make ends meet 
now having to spend as much as $1,500 a year to mail care packages.
  These packages, as I mentioned, bring a touch of home to our 
servicemembers. Pictures, cards, school projects from kids, and I'm 
told there's not good pepperoni in Afghanistan yet, so that comes as 
well. But they also provide the military men and women with basic 
necessities like additional shampoo or powder or perhaps phone cards.
  In my district of Staten Island and Brooklyn, residents join together 
and raise money to help military families send these packages overseas. 
I was inspired by the outpouring of support for our servicemen and 
women, particularly in Dyker Heights, Brooklyn, where postal service 
employees raise money to cover the postage for every package sent to 
our troops. In Staten Island residents formed the Staten Island Project 
Home Front, Incorporated, a nonprofit organization dedicated to serving 
our deployed troops and their families by sending thousands of care 
packages. This month alone they sent over 230 packages to

[[Page 12833]]

our soldiers overseas. It was with acts of generosity and patriotism 
such as these that prompted this amendment.
  The amendment has also received the support of organizations such as 
the VFW, American Legion, National Association of Uniformed Services. 
And to quote the VFW, ``Letters and packages from home do wonders in 
boosting morale of our men and women serving in harm's way, and high 
morale transfers to combat ready and effectiveness.'' Comments such as 
this I wholeheartedly agree with.
  It goes without saying that our servicemen and women are making 
enormous sacrifices fighting this war on terrorism and defending 
freedom and liberty. They face great challenges under trying 
circumstances, and often without some necessities such as blankets or 
toothpaste. It falls upon their families back home to get them these 
supplies and to cover the cost of shipping them overseas. The amendment 
will make life a little easier for our soldiers and to ease the 
financial burden on those back home. It's a simple way of bringing a 
touch of home to America's heroes overseas.
  In short, what it would do would give each family member a voucher, 
the equivalent of sending a 10-pound package every 2 months, and would 
reduce that cost to those families.
  Madam Chairman, I'd also submit for the Record letters in support 
from the VFW and the American Legion.
                                       Veterans of Foreign Wars of


                                            the United States,

                                     Washington, DC, May 15, 2007.
     Hon. Vito Fossella,
     House of Representatives,
     Washington, DC.
       Dear Representative Fossella: On behalf of the 2.4 million 
     members of the Veterans of Foreign Wars of the United States 
     (VFW) and our Auxiliaries, I am pleased to offer our strong 
     support for the ``Supply Our Soldiers Act of 2007'' (H.R. 
     1439), which provides for free mailing privileges for 
     personal correspondence and parcels sent to members of the 
     Armed Forces serving on active duty in Iraq or Afghanistan.
       As you are aware, letters and packages from home do wonders 
     in boosting the moral of our men and women serving in harms 
     way; and high moral translates to combat readiness and 
     effectiveness. Unfortunately, too many military families are 
     financially strained and cannot absorb the cost of postage to 
     send parcels on a recurring basis. Your initiative goes a 
     long way in eliminating that burden.
       Thank you for taking the lead and introducing this measure. 
     We look forward to working with you to ensure it is enacted.
           Sincerely,

                                            Michael H. Wysong,

                                                         Director,
                            National Security and Foreign Affairs.
                                  ____
                                  


                                          The American Legion,

                                     Washington, DC, May 17, 2007.
     Hon Vito Fosella,
     House of Representatives,
     Washington, DC.
       Dear Representative Fossella: As you and your colleagues 
     consider the Defense Authorization bill for FY 2008. The 
     American Legion wants you to know that we wholeheartedly 
     support your amendment that benefits members of the Armed 
     Services serving in Iraq and Afghanistan by allowing free 
     mailing of packages to these troops.
       As the nation's largest wartime veterans' organization, The 
     American Legion has long supported initiatives that impact 
     the quality of life for our heroes serving overseas. This 
     amendment would allow service members families to mail a 
     package up to 10 pounds every two months to these war zones, 
     free of charge. This is but one small way in which we can 
     show the troops that we support them and what they do, and 
     perhaps make life in a combat zone more bearable.
       Again, thank you for taking the initiative in sponsoring 
     this amendment.
           Sincerely,

                                              Steve Robertson,

                                                         Director,
                                  National Legislative Commission.

  Mr. HUNTER. Would the gentleman yield?
  Mr. FOSSELLA. I yield 30 seconds to the gentleman from California 
(Mr. Hunter).
  Mr. HUNTER. I thank the gentleman for yielding, and on our side we 
think this is an excellent amendment. And I want to thank the gentleman 
whom I've traveled with to the warfighting theaters, and thank him for 
his concern for our troops, and we support the amendment strongly.
  Mr. FOSSELLA. Madam Chairman, I reserve the balance of my time.
  Mr. SKELTON. Madam Chairman, I claim time in opposition, though I 
will not oppose this amendment.
  The Acting CHAIRMAN. Without objection, the gentleman from Missouri 
is recognized for 5 minutes.
  There was no objection.
  Mr. SKELTON. Madam Chairman, actually I thank the gentleman from New 
York for bringing this amendment forward. It would provide cost free 
vouchers to allow mailing of packages to members serving in Iraq and 
also in Afghanistan, and the committee has no objection and appreciates 
the thoughtfulness on this issue.
  Madam Chairman, I yield back.
  Mr. FOSSELLA. I yield the remaining time to the gentleman from 
Virginia (Mr. Tom Davis).
  Mr. TOM DAVIS of Virginia. Madam Chairman, General Walter Boomer, the 
commander of the Marines in the first gulf war, once said, a soldier's 
best friend, next to his rifle, is the postman.
  This amendment, which is a scaled down version of H.R. 1439, the 
Supply Our Soldiers Act of 2007, sponsored by the gentleman from New 
York (Mr. Fossella) and myself, will help our soldiers, our sailors, 
our airmen and marines fighting in Iraq and Afghanistan receive letters 
and packages more regularly from their loved ones.
  We're not able to be with our heroes fighting in Iraq and 
Afghanistan, but we're able to send a little piece of home overseas to 
them. Whether it's mailing the basic essentials or a videotape and a 
letter, tangible items from loved ones are always appreciated.

                              {time}  1800

  Holding a son or daughter's art project or biting into a homemade 
cookie reminds them that they support what they are doing and the 
sacrifices they are making for our country.
  The cost of sending letters and packages overseas to Iraq and 
Afghanistan can be a burden for a family already making great 
sacrifices. I think that regular communication between soldiers and 
their families should not be inhibited by the cost of postage, and some 
things just can't be e-mailed. This amendment will help soldiers 
receive the necessary supplies and words of encouragement from loved 
ones more frequently, keeping morale raised while in the combat zone.
  I urge my colleagues to support this amendment.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from New York (Mr. Fossella).
  The amendment was agreed to.


          Notice to Alter Order of Consideration of Amendment

  The Acting CHAIRMAN. It is now in order to consider amendment No. 49 
printed in House report 110-151.
  Mr. SKELTON. Madam Chairman, may I make an inquiry?
  The Acting CHAIRMAN. The gentleman may inquire.
  Mr. SKELTON. Would it be possible, Madam Chairman, to bring forward 
the amendment of the gentleman from Pennsylvania at a later moment as 
opposed to what was announced earlier?
  The Acting CHAIRMAN. The Chair can reannounce in different order for 
that amendment.
  Does the gentleman make an announcement to that effect, sir?
  Mr. SKELTON. Yes.


               Amendments En Bloc Offered by Mr. Skelton

  Mr. SKELTON. Madam Chairman, I offer amendments en bloc.
  The Acting CHAIRMAN. The Clerk will designate the amendments en bloc.

       Amendments en bloc consisting of amendments numbered 5, 9, 
     10, 17, 18, 26, 27, 36, 37, 47, 48 and 50 printed in House 
     Report 110-151 offered by Mr. Skelton:


                 Amendment No. 5 Offered by Mr. Snyder

  The text of the amendment is as follows:
       At the end of section 516, relating to the National Guard 
     yellow ribbon reintegration program, add the following new 
     section:
       (f) Funding Increase and Offsetting Reduction.--
       (1) Funding.--The amount otherwise provided by section 421 
     for the Army National Guard military personnel account is 
     hereby increased by $50,000,000 to provide funds to carry out 
     this section.
       (2) Offsetting reduction.--The amount otherwise provided by 
     section 1507(4) for research, development, test, and 
     evaluation for the Air Force is hereby reduced by 
     $50,000,000, to be derived from the JSTARS program.


                 Amendment No. 9 Offered by Mr. Turner

  The text of the amendment is as follows:


[[Page 12834]]

       At the end of subtitle H of title V, add the following new 
     section:

     SEC. 577. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR 
                   PARENTS WHO ARE MEMBERS OF THE ARMED FORCES 
                   DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

       (a) Child Custody Protection.--Title II of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 208. CHILD CUSTODY PROTECTION.

       ``(a) Restriction on Change of Custody.--If a motion for 
     change of custody of a child of a servicemember is filed 
     while the servicemember is deployed in support of a 
     contingency operation, no court may enter an order modifying 
     or amending any previous judgment or order, or issue a new 
     order, that changes the custody arrangement for that child 
     that existed as of the date of the deployment of the 
     servicemember, except that a court may enter a temporary 
     custody order if there is clear and convincing evidence that 
     it is in the best interest of the child.
       ``(b) Completion of Deployment.--In any preceding covered 
     under subsection (a), a court shall require that, upon the 
     return of the servicemember from deployment in support of a 
     contingency operation, the custody order that was in effect 
     immediately preceding the date of the deployment of the 
     servicemember is reinstated.
       ``(c) Exclusion of Military Service From Determination of 
     Child's Best Interest.--If a motion for the change of custody 
     of the child of a servicemember who was deployed in support 
     of a contingency operation is filed after the end of the 
     deployment, no court may consider the absence of the 
     servicemember by reason of that deployment in determining the 
     best interest of the child.
       ``(d) Contingency Operation Defined.--In this section, the 
     term `contingency operation' has the meaning given that term 
     in section 101(a)(13) of title 10, United States Code, except 
     that the term may include such other deployments as the 
     Secretary may prescribe.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end of the items 
     relating to title II the following new item:

``208. Child custody protection.''.


                 Amendment No. 10 Offered by Mrs. Drake

  The text of the amendment is as follows:

       In section 606, strike subsection (b).


                 Amendment No. 17 Offered by Mr. Holden

  The text of the amendment is as follows:

       At the end of subtitle D of title V, add the following new 
     section:

     SEC. 557. ESTABLISHMENT OF COMBAT MEDEVAC BADGE.

       (a) Army.--
       (1) In general.--Chapter 357 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3757. Combat Medevac Badge

       ``(a) The Secretary of the Army shall issue a badge of 
     appropriate design, to be known as the Combat Medevac Badge, 
     to each person who while a member of the Army served in 
     combat on or after June 25, 1950, as a pilot or crew member 
     of a helicopter medical evacuation ambulance and who meets 
     the requirements for the award of that badge.
       ``(b) The Secretary of the Army shall prescribe 
     requirements for eligibility for the Combat Medevac Badge.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``3757. Combat Medevac Badge''.

       (b) Navy and Marine Corps.--
       (1) In general.--Chapter 567 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 6259. Combat Medevac Badge

       ``(a) The Secretary of the Navy shall issue a badge of 
     appropriate design, to be known as the Combat Medevac Badge, 
     to each person who while a member of the Navy or Marine Corps 
     served in combat on or after June 25, 1950, as a pilot or 
     crew member of a helicopter medical evacuation ambulance and 
     who meets the requirements for the award of that badge.
       ``(b) The Secretary of the Navy shall prescribe 
     requirements for eligibility for the Combat Medevac Badge.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``6259. Combat Medevac Badge''.

       (c) Air Force.--
       (1) In general.--Chapter 857 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 8757. Combat Medevac Badge

       ``(a) The Secretary of the Air Force shall issue a badge of 
     appropriate design, to be known as the Combat Medevac Badge, 
     to each person who while a member of the Air Force served in 
     combat on or after June 25, 1950, as a pilot or crew member 
     of a helicopter medical evacuation ambulance and who meets 
     the requirements for the award of that badge.
       ``(b) The Secretary of the Air Force shall prescribe 
     requirements for eligibility for the Combat Medevac Badge.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``8757. Combat Medevac Badge''.

       (d) Award for Service Before Date of Enactment.--In the 
     case of persons who, while a member of the Armed Forces, 
     served in combat as a pilot or crew member of a helicopter 
     medical evacuation ambulance during the period beginning on 
     June 25, 1950, and ending on the date of enactment of this 
     Act, the Secretary of the military department concerned shall 
     issue the Combat Medevac Badge--
       (1) to each such person who is known to the Secretary 
     before the date of enactment of this Act; and
       (2) to each such person with respect to whom an application 
     for the issuance of the badge is made to the Secretary after 
     such date in such manner, and within such time period, as the 
     Secretary may require.

     Amendment No. 18 Offered by Mr. Lincoln Diaz-Balart of Florida

  The text of the amendment is as follows:

       Title V, subtitle C, add at the end (page 223, after line 
     5) the following:

     SEC. 5__. NAVY SENIOR RESERVE OFFICERS' TRAINING CORPS 
                   PROGRAM AT UNIVERSITY OF MIAMI, CORAL GABLES, 
                   FLORIDA.

       The Secretary of the Navy may establish and maintain a 
     Senior Reserve Officers' Training Corps program under section 
     2102 of title 10, United States Code, at the University of 
     Miami, Coral Gables, Florida.


                Amendment No. 26 Offered by Mr. Kennedy

  The text of the amendment is as follows:
       At the end of subtitle B of title XIV, add the following 
     new section:

     SEC. 1439. DEPARTMENT OF DEFENSE STUDY ON THE FEASIBILITY OF 
                   MEASURING FAMILY MEMBER SATISFACTION WITH 
                   HEALTH CARE SERVICES.

       The Secretary of Defense shall conduct a study on the 
     feasibility of measuring family member satisfaction with the 
     quality of health care services provided to patients, 
     particularly those patients incapacitated by injuries that 
     render them unable to respond completely to surveys on their 
     own.


                 Amendment No. 27 Offered by Mr. LaHood

  The text of the amendment is as follows:

       At the end of title V, add the following new section:

     SEC. 5__. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO COMBAT 
                   ZONES OF DUAL-MILITARY COUPLES WHO HAVE MINOR 
                   DEPENDENTS.

       In the case of a member of the Armed Forces with minor 
     dependents who has a spouse who is also a member of the Armed 
     Forces, and the spouse is deployed in an area for which 
     imminent danger pay is authorized under section 310 of title 
     37, United States Code, the member may request a deferment of 
     a deployment to such an area until the spouse returns from 
     such deployment.


         Amendment No. 36 Offered by Mr. Thompson of California

  The text of the amendment is as follows:

       At the end of title V, add the following new section:

     SEC. 5__. PROHIBITION AGAINST MEMBERS OF THE ARMED FORCES 
                   PARTICIPATING IN CRIMINAL STREET GANGS.

       The Secretary of Defense shall revise section 3.5.8 of 
     Department of Defense Directive 1325.6 to include membership 
     in a criminal street gang among the list of prohibited 
     activities by members of the Armed Forces.


                Amendment No. 37 Offered by Mrs. Capito

  The text of the amendment is as follows:

       At the end of title X, insert the following new section:

     SEC. __. SENSE OF CONGRESS REGARDING A MEMORIAL FOR MEMBERS 
                   OF THE ARMED FORCES WHO DIED IN AIR CRASH IN 
                   BAKERS CREEK, AUSTRALIA.

       (a) Findings.--Congress finds the following:
       (1) During the Second World War, the United States Army Air 
     Corps established rest and recreation facilities in Mackay, 
     Queensland, Australia.
       (2) From the end of January 1943 until early 1944, 
     thousands of United States servicemen were ferried from 
     jungle battlefields in New Guinea to Mackay.
       (3) These servicemen traveled by air transport to spend an 
     average of 10 days on a rest and relaxation furlough.
       (4) They usually were carried by two B-17C Flying 
     Fortresses converted for transport duty.
       (5) On Monday, June 14, 1943, at about 6 a.m., a B-17C, 
     Serial Number 40-2072, took off from Mackay Airport for Port 
     Moresby.
       (6) There were 6 crew members and 35 passengers aboard.
       (7) The aircraft took off into fog and soon made two left 
     turns at low altitude.
       (8) A few minutes after takeoff, when it was five miles 
     south of Mackay, the plane crashed at Bakers Creek, killing 
     everyone on

[[Page 12835]]

     board except Corporal Foye Kenneth Roberts of Wichita Falls, 
     Texas, the sole survivor of the accident.
       (9) The cause of the crash remains a mystery, and the 
     incident remains relatively unknown outside of Australia.
       (10) United States officials, who were under orders not to 
     reveal the presence of Allied troops in Australia, kept the 
     crash a military secret during the war.
       (11) Due to wartime censorship, the news media did not 
     report the crash.
       (12) Relatives of the victims received telegrams from the 
     United States War Department stating little more than that 
     the serviceman had been killed somewhere in the South West 
     Pacific.
       (13) The remains of the 40 crash victims were flown to 
     Townsville, Queensland, where they were buried in the Belgian 
     Gardens United States military cemetery on June 19, 1943.
       (14) In early 1946, they were disinterred and shipped to 
     Hawaii, where 13 were reburied in the National Memorial 
     Cemetery of the Pacific, and the remainder were returned to 
     the United States mainland for reburial.
       (15) 15 years ago, Robert S. Cutler was reading his 
     father's wartime journal and found a reference to the tragic 
     B-17C airplane accident.
       (16) This discovery inspired Mr. Cutler to embark upon a 
     research project that would consume more than a decade and 
     take him to Australia.
       (17) Retired United States Air Force Chief Master Sergeant 
     Teddy W. Hanks, of Wichita Falls, Texas, who lost four of his 
     World War II buddies in the crash, compiled a list of the 
     casualties from United States archives in 1993 and began 
     searching for their families.
       (18) The Bakers Creek Memorial Association, in conjunction 
     with the Washington Post and retired United States Army 
     genealogy experts Charles Gailey and Arvon Staats, located 23 
     additional families of victims of the accident during the 
     past two years.
       (19) Joy Shingleton, Donnie Tenney, Wendy Andrus, and Wilma 
     Post, the family of Army Air Corps Corporal Edward J. Tenney, 
     of Buckhannon, West Virginia, helped to bring this recently 
     uncovered World War II tragedy to light.
       (20) The commander of the United States Fifth Air Force 
     officially had notified the relatives of 36 of the 40 
     victims.
       (b) Sense of Congress.--It is the sense of Congress that an 
     appropriate site in Arlington National Cemetery should be 
     provided for a memorial marker to honor the memory of the 40 
     members of the Armed Forces of the United States who lost 
     their lives in the air crash at Bakers Creek, Australia, on 
     June 14, 1943, provided that the Secretary of the Army have 
     exclusive authority to approve the design and site for the 
     memorial marker.


             Amendment No. 47 Offered by Mr. Braley of Iowa

  The text of the amendment is as follows:

       At the end of subtitle B of title V, add the following new 
     sections

     SEC. 5__. STUDY OF FEASIBILITY OF ESTABLISHING A PILOT 
                   PROGRAM ON FAMILY-TO-FAMILY SUPPORT FOR 
                   FAMILIES OF MEMBERS OF THE NATIONAL GUARD AND 
                   RESERVES UNDERGOING DEPLOYMENT.

       (a) Study.--The Secretary of Defense shall carry out a 
     study to evaluate the feasibility and advisability of 
     establishing a pilot program on family-to-family support for 
     families of members of the National Guard and Reserves 
     undergoing deployment, including assessments of--
       (1) the effectiveness of family-to-family support programs 
     in--
       (A) the early identification and prevention of family 
     problems for families of members of the National Guard and 
     Reserve who are deployed;
       (B) the provision of peer support for such families;
       (C) reducing adverse outcomes for children of such 
     families, including poor academic performance, behavioral 
     problems, and the adverse consequence of stress and anxiety; 
     and
       (D) improving family readiness and post-deployment 
     transition for such families;
       (2) the feasability and advisability of utilizing spouses 
     of members of the Armed Forces to act as counselors for 
     spouses and families of members of the National Guard and 
     Reserve who are deployed in order to assist such spouses and 
     families in coping with the deployment of such members 
     throughout their deployment cycle; and
       (3) the best practices for training spouses of members of 
     the Armed Forces to act as counselors for spouses and 
     families of members of the National Guard and Reserve who are 
     deployed.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report containing the results of the study 
     conducted under subsection (a).

     SEC. 5__. STUDY REGARDING IMPROVING SUPPORT SERVICES FOR 
                   CHILDREN, INFANTS, AND TODDLERS OF MEMBERS OF 
                   THE NATIONAL GUARD AND RESERVE UNDERGOING 
                   DEPLOYMENT.

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


                Amendment No. 48 Offered by Mr. Mitchell

  The text of the amendment is as follows:

       Page 627, strike lines 5 through 7 and insert the 
     following:
       ``(3) Before transmittal of medical records of a member to 
     the Department of Veterans Affairs, the Secretary of Defense 
     shall ensure that the member (or an individual legally 
     recognized to make medical decisions on behalf of that 
     member) is presented with a written form, the voluntary 
     signing of which shall authorize the transfer of the medical 
     records of the member from the Department of Defense to the 
     Department of Veterans Affairs pursuant to the Health 
     Insurance Portability and Accountability Act of 1996. Nothing 
     in this paragraph shall be construed as limiting or otherwise 
     altering the applicability of the Health Insurance 
     Portability and Accountability Act of 1996 to medical records 
     maintained by the Department of Defense and the Department of 
     Veterans Affairs.


           Amendment No. 50 Offered by Mr. Walz of Minnesota

  The text of the amendment is as follows:

       Section 523, add at the end the following:
       (g) Study.--
       (1) In general.--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 service members 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 affects 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 on 
     the results of the study.
  The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman 
from Missouri (Mr. Skelton) and the gentleman from California (Mr. 
Hunter) each will control 10 minutes.
  The Chair recognizes the gentleman from Missouri.
  Mr. SKELTON. Madam Chairman, I urge the committee to adopt the 
amendments en bloc, all of which have been examined by both the 
majority and the minority.
  Madam Chairman, at this time I yield 1 minute to my friend, the 
gentleman from Rhode Island (Mr. Kennedy).
  Mr. KENNEDY. Madam Chairman, I thank the gentleman from Missouri and 
the gentleman from California.
  My amendment simply requires the Department of Defense to examine a 
process by which they would further

[[Page 12836]]

add for the collection of data by which our servicemembers could rely 
on an apples-to-apples comparison of our military health care system, 
so that they could get a proper evaluation of the status of our health 
care system, so that we could avoid the kinds of anecdotal stories that 
we found out through the Walter Reed scandal.
  We shouldn't be finding this out through stories. We ought to be able 
to find this out through the garnering of data. And this is one of the 
ways that we seek to do so. By garnering this information just like we 
would through our regular health care system, we should do so through 
our military health care system, and that is what this amendment would 
do.
  Mr. SKELTON. Madam Chairman, I yield 1 minute to my friend from 
California (Mr. Thompson).
  Mr. THOMPSON of California. Madam Chairman, I thank the chairman for 
yielding and both him and the ranking member from California for 
accepting this amendment.
  This is an important amendment that is a first step in solving a very 
serious problem on our military bases both here in the States and 
abroad; and it is a problem that, unfortunately, spills over into our 
communities. And this is the issue of members of criminal street gangs 
joining the military and getting the training that they get in the 
military and now, unfortunately, on the battlefield, and then bringing 
that back into the community and deploying those tactics on the streets 
in our neighborhoods.
  This is a serious problem. It is documented. The FBI has a report. 
This is a problem that we need to get ahead of and stop before we have 
more serious problems than we do already.
  I thank the chairman and ranking member for accepting this amendment.
  Mr. SKELTON. Madam Chairman, I yield 1 minute to the gentleman from 
Arizona (Mr. Mitchell).
  Mr. MITCHELL. Madam Chairman, I rise today in support of an amendment 
that will help improve the transfer of medical records from the 
Department of Defense to the Veterans Administration upon discharge.
  This amendment will help ensure that when a soldier, sailor, airman, 
or marine voluntarily authorizes the transfer of his or her medical 
information to the VA, the information will, in fact, be transferred.
  I want to thank Chairman Skelton for supporting this amendment. His 
dedication to our fighting men and women is legendary, and our Nation's 
veterans are lucky to have him on their side.
  I also want to thank Representatives Zach Space, Tim Walz, and Ciro 
Rodriguez. I am proud to serve with them on the Veterans' Affairs 
Subcommittee on Oversight and Investigations. They have been full 
partners in this endeavor, and as the chairman of our subcommittee, I 
am honored by their support.
  And, finally, I want to thank Chairman Filner. His leadership has 
been invaluable, and I am grateful for his help.
  Mr. HUNTER. Madam Chairman, I yield 2 minutes to the gentlewoman from 
West Virginia (Mrs. Capito).
  Mrs. CAPITO. Madam Chairman, I would like to thank the chairman and 
ranking member of the House Armed Services Committee for their hard 
work on this important legislation that will help provide our military 
with the resources they need to successfully execute their mission.
  I have a very simple amendment today expressing the sense of Congress 
that the Arlington National Cemetery shall provide a site for a 
memorial marker to honor the lives of United States Armed Forces 
members who died in an air crash at Bakers Creek, Australia, on June 
14, 1943. The amendment provides that the Secretary of the Army shall 
have the exclusive authority over the design of the memorial and the 
selection of the site.
  This little-known tragedy occurred during World War II, a conflict 
that was fought and won by what has been called America's Greatest 
Generation. Unfortunately, the men who died in the Bakers Creek crash 
were never recognized as belonging to that group of great American 
heroes. During their service in the South Pacific, they were on a 
routine flight from Australia, returning from a week's leave for R&R. 
The plane crashed in Bakers Creek, Australia. Unfortunately, due to 
orders to keep the Allied presence in Australia a secret, the crash was 
kept a secret by the military.
  Thankfully, many of the families, some of whom live in my district, 
now know the true story of how their relatives died. My amendment would 
merely recognize their sacrifice by honoring their service with a 
memorial marker at Arlington National Cemetery.
  Mr. HUNTER. Madam Chairman, will the gentlewoman yield?
  Mrs. CAPITO. I yield to the gentleman from California.
  Mr. HUNTER. Madam Chairman, I just want to say that we on this side 
are in total agreement with her amendment. We thank her for bringing it 
in such a thoughtful way and we support it.
  Madam Chairman, I reserve the balance of my time.
  Mr. SKELTON. Madam Chairman, I yield 1 minute to my colleague, the 
gentleman from Minnesota (Mr. Walz).
  Mr. WALZ of Minnesota. Madam Chairman, I thank the chairman and the 
ranking member for their outstanding work on this incredibly important 
piece of legislation.
  I offer a simple amendment, and I rise in support, encouraging my 
colleagues to support the amendment.
  After spending 24 years in the Army National Guard, I know that 
members of our Armed Forces don't join the military simply for the 
benefits that are there. But I also know that benefits can help improve 
retention and aid servicemembers when they return to civilian life.
  One benefit that has given our servicemembers a problem over the 
years is the Federal Tuition Assistance program. This program is based 
on a first-come, first-serve benefit. Servicemembers join up thinking 
this is a guaranteed benefit only to find out that the funding has run 
out. While serving in the National Guard and now as a Member of 
Congress, I have heard numerous complaints weekly about this program.
  My amendment would direct DOD to report relevant information on this 
program by telling us how many servicemembers are eligible for this and 
how many receive the benefit. The study would examine the program's 
effect on retention as well as how it interacts with State tuition 
assistance programs.
  We owe our servicemembers the benefits they are promised. This 
amendment would give us the necessary information to improve the 
program, to maximize the use of our dollars, and get it directed at our 
soldiers who need it.
  I urge my colleagues to support it.
  Mr. HUNTER. Mr. Chairman, I just want to say, we appreciate the 
gentleman and his amendment on this side and thank him for bringing it 
to the floor.
  Mr. Chairman, at this point, I would like to yield 3 minutes to the 
gentleman from Ohio (Mr. Turner).
  Mr. TURNER. Mr. Chairman, I would like to thank Chairman Skelton and 
Ranking Member Hunter for including my amendment in this package.
  My amendment provides certainty to servicemembers deployed in a 
contingency operation that their child custody arrangements will be 
protected.
  In some cases, courts are overturning established custody 
arrangements while the custodial parent is serving our country in a 
contingency operation, such as Iraq or Afghanistan.
  States have become aware of this issue and are looking at what action 
they can take to support our men and women in uniform. The State of 
Michigan passed a law in 2005 to provide these protections to military 
personnel. The amendment offered today is modeled after the established 
Michigan law.
  Much is asked of our servicemembers, and mobilizations can disrupt 
and strain relationships at home. This additional protection is needed 
to provide them peace of mind that the courts will not take away their 
children because they answered the country's call to serve. This

[[Page 12837]]

amendment protects them and it protects their children.
  Again, I thank Chairman Skelton and Ranking Member Hunter for 
supporting this important amendment.
  Mr. HUNTER. Mr. Chairman, will the gentleman yield?
  Mr. TURNER. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, I just want to thank the gentleman. What an 
essential and important amendment this is.
  We recognized and have embedded in law the remedies for a service 
person who may be overseas and may lose his house or may have a 
judgment taken against him, a civil law liability judgment, and we have 
tried to protect him from that. And the idea of having a child taken 
from you while you are serving overseas can only have a demoralizing 
effect on members of the armed services.
  So this protection is very much needed, and I thank the gentleman 
from Ohio. We have total support on this side for his amendment.
  Mr. TURNER. Mr. Chairman, reclaiming my time, I thank Mr. Hunter and 
I want to thank Chairman Skelton again for this important amendment 
that will provide peace of mind for those who are serving.
  Mr. HUNTER. Mr. Chairman, at this time, I would like to yield 3 
minutes to the gentleman from Indiana (Mr. Buyer) for the purposes of a 
colloquy with myself and Mr. Skelton.
  Mr. BUYER. Mr. Chairman, I thank Mr. Hunter and Chairman Skelton.
  I am deeply concerned about the unintended consequences that section 
703 may have on the price of drugs for America's veterans. I rise today 
and ask for your help to request the Government Accountability Office 
to conduct a study of the impact of the proposed provision to provide 
Federal pricing authority to the Department of Defense and the 
Department of Veterans Affairs. I ask the chairman if he would be 
willing to request the GAO to conduct such a study.
  I yield to Chairman Skelton.
  Mr. SKELTON. Mr. Chairman, I thank the gentleman for bringing the 
issue forward. And I assure the gentleman we do not want to raise the 
price of drugs for America's veterans and neither do we want to raise 
the price of drugs for men and women in uniform and their families. I 
will be pleased to work with the gentleman and my ranking member, Mr. 
Hunter, to request that the GAO conduct a study of the impact of 
Federal pricing on both the Department of Defense as well as the 
Department of Veterans Affairs and report back to Congress on its 
findings.
  Mr. HUNTER. Mr. Chairman, will the gentleman yield?
  Mr. BUYER. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, I support the chairman and I will support 
the gentleman's request for a study by the GAO after 1 year to assess 
the impact to the Department of Veterans Affairs and the DOD of 
providing Federal pricing to DOD to purchase drugs in a retail 
pharmacy.

                              {time}  1815

  Mr. BUYER. Reclaiming my time, I want to thank Chairman Skelton for 
his support of this quest, and I believe that such a review will help 
alleviate any uncertainty with regard to this proposal, and I want to 
also thank Ranking Member Hunter.
  To my good friend, Chairman Skelton, you and I have had a great 
history together in this body for the last 15 years, and I consider you 
a personal friend. I apologize to you for when I let my passion get to 
the side of me. I am deeply sorry if in any manner you took my words 
directly personal to you because I would be offended if you felt that 
way.
  You are a genuine human being, and we all recognize that your passion 
and your support for the men and women who serve in the military is 
real and, more importantly, it is genuine; and equally, my passion with 
regard to the men and women in the military and our veterans.
  You and I will agree more than we ever disagree, and this is a moment 
where we may find ourselves in conflict. If I crossed the threshold to 
my good friend, I deeply apologize to you. I hope you accept my 
apology.
  Mr. SKELTON. Well, it is certainly kind of you to make mention of 
that, and I appreciate it very much. I thank you for your friendship, 
of course, through the years. I do agree that we have been good friends 
and we have worked together so well. So that, of course, is all behind 
us. Thank you very much.
  I do look forward to working with you and Mr. Hunter on the issue as 
we move forward to protect not only our Nation's veterans, but our 
military personnel as well. And I think we will get there in this 
matter.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Chairman, I rise on behalf of 
my colleagues Alcee L. Hastings, Ileana Ros-Lehtinen and Mario Diaz-
Balart to introduce an amendment to H.R. 1585, the Defense 
Authorization Act for Fiscal Year 2008. The amendment recommends that 
the Secretary of the Navy establish and maintain a Navy Senior Reserve 
Officers' Training Corps, ROTC, program at the University of Miami in 
Coral Gables, Florida.
  Mr. Chairman, the University of Miami is committed to assisting in 
the education of the armed services officer corps. The university 
currently houses Army and Air Force ROTC programs with great success. 
In fact, the university has recently committed to build a new ROTC-only 
facility should a Navy program be added. This would provide the best 
environment for college education and officer training for our Armed 
Forces.
  The south Florida community is an ideal place for a Navy ROTC 
program. The proximity to important military installations such as the 
Key West Naval Air Station and the United States Southern Command only 
serves to advance the real world training to which senior reserve 
officers are exposed during their military education.
  Mr. Chairman, a Navy ROTC program at the University of Miami will 
further the Navy's continued mission to diversify their officer corps 
through increased recruitment, retention, and career development in 
minority populations. With a 50 percent minority student body, the 
university is well-situated to help the Navy achieve its laudable goal. 
Miami is the ``gateway'' to the Americas. The diversity of our 
community and the knowledge of our hemisphere would greatly augment the 
quality of officer training for our military.
  Mr. Chairman, for these and other reasons, I am pleased to introduce 
this amendment with my colleagues and urge all members to support this 
important Navy ROTC program at the University of Miami.
  Mr. MITCHELL. Mr. Chairman, I rise today in support of an amendment 
that will help improve the transfer of medical records from the 
Department of Defense to the Veterans Administration upon a soldier, 
sailor, airman or marine's discharge.
  This amendment will help ensure that when one of our troops 
voluntarily authorizes the transfer of his or her medical information 
to the VA, that information will, in fact, be transferred.
  Sadly, the safe and efficient transfer of medical records to the VA 
has been, and continues to be, a persistent problem. Despite numerous 
attempts to design and implement a system for sharing vital medical 
information, the DOD and VA have been unable to do so.
  This information is essential to the well-being of our veterans. 
Without it, we cannot ensure that they receive the proper medical care 
from the VA.
  The Veterans' Affairs Subcommittee on Oversight and Investigations 
has held hearings on this issue, and we have heard a myriad of 
explanations for why this is the case.
  According to the Government Accountability Office, one of them is a 
technical, legal hurdle involving the law that protects the privacy of 
patients' medical records: the Health Insurance Portability and 
Accountability Act. According to the GAO, the DOD and VA have differing 
interpretations of HIPAA, and as a result, HIPAA has become a barrier 
against the sharing of medical information.
  And even worse, the HIPAA hurdle has persisted for years.
  In May 2005, the GAO reported,

       DOD and VA have been working on a data sharing agreement 
     for over 2 years, but have not reached an agreement. DOD and 
     VA differ in their understanding of HIPAA Privacy Rule 
     provisions that govern the sharing of individually 
     identifiable health data for servicemembers currently 
     receiving that exchange. DOD's and VA's inability to resolve 
     these differences has impeded coming to an agreement on 
     exchanging seriously injured servicemembers' individually 
     identifiable health data.


[[Page 12838]]


  At the time, the DOD and VA were attempting to draft a memorandum of 
understanding to enable them to begin sharing medical information. 
However, according to the GAO, even if they had completed the 
memorandum of understanding, HIPAA would have remained a barrier. 
Specifically, the GAO found,

     . . . the draft memorandum restates many of [the legal 
     authorities contained in the I [``HIPAA''] Privacy Rule for 
     the use and [disclosure of individually identifiable health 
     data. As a result, even if the memorandum of understanding is 
     finalized, DOD and VA will still have to agree on what types 
     of individually identifiable health data can be exchanged and 
     when the data can be shared.

  This just does not make any sense.
  HIPAA is supposed to ensure the privacy of a patient's medical 
records, not prevent their transfer, at the patient's request, to his 
or her doctor.
  If the DOD and the VA can't recognize this, then I believe it is time 
for Congress to clarify it for them.
  The Mitchell, Space, Walz, Rodriguez Amendment would require the DOD 
to provide every member of our Armed Forces a HIPAA authorization form, 
the voluntary signing of which would legally obligate the DOD to 
transfer that servicemember's medical records to the VA upon his or her 
discharge.
  I want to emphasize that participation in this process would be 
completely voluntary. No member would be forced to share his or her 
medical information because of this amendment.
  Rather, the amendment would merely ensure that when a servicemember 
unambiguously authorizes the transfer of his or her medical information 
to the VA, that information will, in fact, be transferred.
  I want to thank House Armed Services Committee Chairman Ike Skelton 
for supporting our amendment. His dedication to our fighting men and 
women is legendary, and our Nation's veterans are lucky to have him on 
their side.
  I also want to thank Representatives Zach Space, Tim Walz and Ciro 
Rodriguez. I am proud to serve with them on the Veterans' Affairs 
Subcommittee on Oversight and Investigations. They have been full 
partners in this endeavor, and as the subcommittee's chairman, I am 
grateful.
  Finally, I want to thank Chairman Filner. His leadership has been 
invaluable, and I am honored to have his support.
  Mr. BRALEY of Iowa. Mr. Chairman, I rise today in support of my 
amendment to H.R. 1585, the Fiscal Year 2008 National Defense 
Authorization Act. My amendment represents a crucial first step in 
enhancing and expanding critical family support and mental health 
services for our National Guard and Reserve troops and their families.
  I commend Chairman Skelton and the Armed Services Committee for their 
work on this bill. I'm glad the committee has recognized the great 
contributions of our National Guard and Reserve soldiers, and has 
recognized that readjusting to civilian life can be especially 
challenging for members of the reserve component. I believe that the 
establishment of the Yellow Ribbon Reintegration Program in the bill is 
a good first step in enhancing family support services for these 
soldiers, but I believe that more needs to be done for the families of 
National Guard and Reserve troops, who have too often and for too long 
been forgotten and left behind.
  Members of the National Guard and Reserve are serving our country 
more than ever in the world's most dangerous places, including Iraq and 
Afghanistan, and many of them are facing multiple and extended 
deployments, causing considerable hardships for them and for their 
families. To cite just one example, in January 2007, members of the 
Iowa National Guard's 1-133rd Infantry Battalion learned that their 
tour of duty in Iraq would be extended from April of this year until 
August.
  My amendment, which requires the Secretary of Defense to conduct a 
study into establishing a pilot program for family-to-family support 
for members of the National Guard and Reserve, and conduct a study on 
improving support services for the children of members of the National 
Guard and Reserve who are undergoing deployment, will help ensure that 
our reserve component troops and their families receive all of the 
family support and mental health services they need as they continue to 
serve our country.
  My amendment is consistent with the goals of the Armed Services 
Committee to enhance support services for our National Guard and 
Reserve troops and their families, and I urge my colleagues to support 
it.
  Mr. HUNTER. Mr. Chairman, I yield back the balance of my time.
  Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Moran of Virginia). The question is on the 
amendments en bloc offered by the gentleman from Missouri.
  The amendments en bloc were agreed to.


                 Amendment No. 8 Offered by Mr. Andrews

  The Acting CHAIRMAN. It is now in order to consider amendment No. 8 
printed in House Report 110-151.
  Mr. ANDREWS. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Mr. Andrews:
       At the appropriate place in title XV of the bill (relating 
     to authorization of additional appropriations for Operation 
     Iraqi Freedom and Operation Enduring Freedom), insert the 
     following new section:

     SEC. 15_. LIMITATION ON AVAILABILITY OF FUNDS FOR PLANNING 
                   MAJOR CONTINGENCY OPERATIONS IN IRAN.

       (a) Limitation.--No funds appropriated pursuant to an 
     authorization of appropriations in this title may be 
     obligated or expended to plan a major contingency operation 
     in Iran.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to prohibit the obligation or expenditure of funds 
     appropriated pursuant to an authorization of appropriations 
     in any title of this Act other than this title to plan a 
     major contingency operation in Iran.

  The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman 
from New Jersey (Mr. Andrews) and a Member opposed each will control 10 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. ANDREWS. Mr. Chairman, I yield myself 3\1/2\ minutes.
  Mr. Chairman, I believe that it is in the interest of freedom-loving 
people around the world to deny the present regime in Tehran access to 
a nuclear weapon.
  The amendment that I submit does not raise the issue of the propriety 
of Iran having a nuclear weapon. The amendment I submit raises the 
issue of the propriety of this coequal branch of our government 
asserting its proper constitutional authority.
  My amendment contemplates, Mr. Chairman, the following circumstances, 
and I want to be very clear about this. If our troops in Iraq become 
involved in a fight that requires them to in some way engage, in order 
to defend themselves, Iranian personnel in a given situation, they have 
the right and power and authority to do so.
  Mr. Chairman, if our planners on the military side, as part of their 
normal planning exercises, as they do throughout the world and around 
the globe, find it necessary to game out and analyze the circumstances 
under which we would prepare for conflict with Iran, they have the 
authority to do so. Any American soldier or servicemember under any 
circumstances has the authority to defend himself or herself, and the 
President has the authority to act under emergency or self-defense 
circumstances. However, in those circumstances under which the 
President would wish to initiate a major contingency operation in Iran, 
this amendment says he may not use funds which we have authorized and 
appropriated to fight the wars in Iraq and Afghanistan.
  The amendment asserts the proper constitutional authority of this 
coequal branch of government. The Constitution vests us, as the duly 
elected representatives of the people, with the authority and 
responsibility to decide when this country will initiate hostilities in 
order to serve our national interest absent an emergency or a self-
defense situation. This amendment preserves that emergency authority of 
the President. It preserves the self-defense authority of the 
President. But it properly asserts the duly assigned constitutional 
role of this branch to decide the circumstances under which we should 
go forward with a major contingency operation.
  Mr. Chairman, whether Members believe that we should be more 
aggressive or less aggressive with Iran, they should support this 
amendment. Whether Members believe that we should pursue more active 
diplomacy or a different kind of diplomacy, they should pursue and 
support this amendment. The question here is not the proper policy with 
respect to Iran. The question here is the proper allocation

[[Page 12839]]

of constitutional authorities between and among the branches.
  I would urge both Republican and Democratic Members to vote ``yes'' 
on this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I rise in support of this amendment.
  The Acting CHAIRMAN. Without objection, the gentleman from Missouri 
is recognized for 10 minutes.
  There was no objection.
  Mr. SKELTON. Mr. Chairman, if you are a young man or young woman in 
either Iraq or Afghanistan in American uniform, you would like to know 
that monies authorized and appropriated from this body for Iraq or 
Afghanistan will not be diverted to planning any operations elsewhere. 
That's what this is. This simply ensures that funds that Congress 
approved for other purposes are not diverted to planning operations 
against Iran. It's that simple.
  It increases the ability of Congress to provide oversight for 
planning of military operations, and it would not restrict the 
Department of Defense from planning any necessary contingencies 
regarding Iran using the base defense budget.
  This is a good amendment, and I compliment the gentleman from New 
Jersey (Mr. Andrews) for offering it.
  Mr. HUNTER. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The Chair allocated the time, because there was 
no objection, to the gentleman from Missouri. If there is unanimous 
consent, perhaps the gentleman from Missouri could allocate 5 minutes 
to the gentleman from California.
  Mr. SKELTON. I certainly do.
  The Acting CHAIRMAN. Without objection, the gentleman from California 
is recognized for 5 minutes.
  There was no objection.
  Mr. HUNTER. Mr. Chairman, I have enormous respect for my great friend 
from New Jersey, who has shared and fought on common ground with this 
Member for many years on items of interest and national defense that we 
shared support of.
  In this case, I must oppose this amendment strongly for this reason. 
The nation that he's talking about, Iran, borders obviously one of our 
important warfighting theaters, that is, Iraq. We have seen evidence, 
it has been reported by our warfighting commanders that Iran has 
participated in moving instruments of death; that is, extremely 
effective IEDs that have been used against American troops and will 
prospectively be used against American troops, into Iraq from Iran.
  The idea that we are saying that in this piece of the budget we 
cannot plan for interdiction of those items, of those weapons that are 
moving across the border, that we can't plan, for example, for Special 
Forces operations that we might need to implement or to move into 
action, to preempt this movement of deadly devices across the border, 
that we can't plan to extract hostages if they should be taken by 
Iranian militia or Iranian members of the armed forces is just not 
practical and it's not reasonable.
  You have an Iranian military and intelligence body which has decided 
to become involved in the war in Iraq. They have moved across the 
border, and they have moved effective weapons across the border that 
are being used against American troops. I think it is not wise for us 
to advertise to our adversaries and to the world that we are 
establishing a policy that we will not even use money to contemplate or 
to plan for a reaction against us. I think we have to let them know 
that we have license, as Americans, to take any actions that might be 
necessary to protect American troops.
  I would object very strongly to this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. ANDREWS. Mr. Chairman, I yield myself such time as I may consume.
  I reciprocate the respect expressed by my friend, the ranking member 
from California, and respectfully disagree with his interpretation of 
the amendment.
  In a situation where we would want to interdict IEDs, there are two 
ways that this bill makes it clear we could do so. The first is, under 
all of the other titles of this bill that fund all the other operations 
of our Armed Forces we would have the authority to do so. And second, 
such an example is not a major contingency operation in Iran under the 
contemplation of the bill. So we would absolutely have the ability to 
interdict the creation or transport of IEDs.
  Second, with respect to a hostage situation, rescuing hostages is not 
planning a major contingency operation in Iran. Nothing would preclude 
our military personnel from executing such a mission should the need 
arise, either under this title or under the other titles of the bill.
  So as I said in my opening remarks, it is clear to me that under 
emergency or self-defense circumstances, there are no limitations 
whatsoever. What this amendment does is to properly assert the 
constitutional authority of this coequal branch of government that if 
this country is to initiate hostilities, is to conduct a major 
contingency operation in Iran, the President must come to this body and 
ask for our permission.
  Mr. Chairman, I would yield to my friend from Rhode Island.
  Mr. KENNEDY. I support the gentleman's amendment, and I would just 
point out if this country has learned anything from the last 6 years, 
it has learned that there must be checks and balances in our 
government.
  We have a war that has been proclaimed based upon lies. We have had a 
war that has been proclaimed based upon faulty intelligence. And we 
have had a war that has been proclaimed upon intelligence that has been 
manufactured. Now we have a public that has repeatedly felt that it has 
been lied to, and that they want to be heard by their Congress. All we 
are asking in this amendment is that their Congress have a chance to 
voice their own through the Representative's opinion before a Commander 
in Chief throws this country back into another war headlong without the 
American people having a voice in it.
  Mr. ANDREWS. Mr. Chairman, I would yield to the gentleman from 
Missouri, the chairman of the committee.
  Mr. SKELTON. I understand that the gentleman from California requires 
additional time; is that correct?
  Mr. HUNTER. Would the gentleman yield an additional 3 minutes?
  Mr. SKELTON. I yield to the gentleman.
  Mr. HUNTER. I thank my friend for yielding.
  Mr. Chairman, I would just respond to my friend from New Jersey in 
this way: It says that you can't plan for a major contingency. I am 
looking at scenarios, and if you have a scenario where you have convoys 
of IED material being moved from Iran into Iraq and you want to send a 
team over and make a strike and close a canyon or close a mountain pass 
or hit that convoy with a major strike, I think many people would 
classify that as a major action, a major contingency.

                              {time}  1830

  So I think that we blurred the line here in that we may have to take 
what I would consider and many Members here would consider to be major 
contingencies. The problem is, you have to take those things very 
quickly.
  This war against terror is an era when time is truly of the essence, 
when hours are important, when minutes are important, when days are 
important. The idea we have to come back, if you have got to close a 
pass to keep IEDs that are killing Americans in Iraq from going across 
that line, we have to come back and get permission from Congress to do 
that, I think that is not a good advertisement or a good statement of 
impunity to communicate to the other side, where they think they now 
have an insulation between an immediate reaction by American Armed 
Forces.
  That is the essence of our resistance to this amendment, and I think 
it is still very solid.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from 
Rhode Island (Mr. Kennedy).
  Mr. KENNEDY. Mr. Chairman, I think this amendment ought to be called 
the ``George W. Bush Amendment,'' because if it were any other

[[Page 12840]]

President, I don't think we would have to worry about this. But this 
President has so undermined the confidence of the institution of the 
Presidency, it has brought this amendment to the floor; because I think 
this President has so jeopardized the confidence in the Presidency of 
the United States that the people, after the experience of this 
President, have become so distrustful that this President is going to 
drag them into another war under unwarranted circumstances that they 
would support an amendment like the one of the gentleman from New 
Jersey. And that is why I would call it the ``George W. Bush 
Amendment,'' for no other reason than it is because of George W. Bush 
that this amendment seems to be necessary.
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, let me just say to my friend, I just reviewed it the 
other day, and I don't need to look at any statements by George W. Bush 
about whether or not we should have gone into Iraq, because the most 
damning statements about Saddam Hussein and his weapons of mass 
destruction, the most conclusive statements that indeed he must have 
them and that he must be brought to justice quickly, were not made by 
George W. Bush. They were made by people with the last name of Clinton, 
of Gore, of Kerry. I reviewed all of the videotapes of their speeches 
in which they absolutely laid out a case against Saddam Hussein.
  So I hope we don't replow the ground of who shot John here in terms 
of statements with respect to the state of Iraq and its weapons of mass 
destruction.
  I think we need to get back to the substance of this debate, and that 
is, are we foreclosing an immediate response if it is necessary.
  Mr. SKELTON. Mr. Chairman, will the gentleman yield?
  Mr. HUNTER. I yield to the gentleman from Missouri.
  Mr. SKELTON. All you have to do, Mr. Chairman, is read the amendment. 
This amendment does not preclude any effort of expending funds from the 
base Defense authorization appropriation. This merely makes sure that 
the moneys meant for Afghanistan, meant for Iraq, go to those soldiers, 
marines, sailors and airmen there. It is that simple.
  As my old law school professor once said: read it. What does it say?
  Mr. HUNTER. Mr. Chairman, I yield myself 30 seconds to explain again 
why I think it is impractical to put this dividing line between this 
funding.
  If there has to be a strike, if there has to be preemption because 
IED material is moving across the border that could injure our 
soldiers, our sailors, our airmen, our marines, probably the reactive 
force is going to be led by one of the combatant commanders who is in 
the Iraqi theater and who is being funded by money under OEF or OIF. It 
is probably not going to come. And the idea you can't have uniformed 
personnel expending his time and his staff's time planning what it is 
going to take to defend his soldiers, sailors, airmen or marines from 
interference from the Iranian side of the border, is, in my estimation, 
not practical.
  Those are the forces that are going to be responding, and I think we 
have to let them put together that contingency plan.


          Notice to Alter Order of Consideration of Amendments

  Mr. SKELTON. Mr. Chairman, pursuant to sections 3 and 4 of House 
Resolution 403, and as the chairman of the Committee on Armed Services, 
I request that during further consideration of H.R. 1585 in the 
Committee of the Whole and following consideration of amendment No. 38, 
the following amendments be considered in this order: amendments en 
bloc No. 2 and amendments numbered 20, 49, 31, 15 and 32.
  The Acting CHAIRMAN. The gentleman from New Jersey (Mr. Andrews) has 
3 minutes remaining.
  Mr. ANDREWS. Mr. Chairman, I yield 2 minutes to the gentleman from 
Washington (Mr. McDermott).
  Mr. McDERMOTT. Mr. Chairman, this President has used the resolution 
that we passed some years ago as a blank check to take us into a 
disastrous situation in Iraq, leaving Afghanistan half done.
  What we are trying to do with this amendment is simply say to the 
President, you have to stay where we put the money. If you want to come 
out and go after Iran in a preemptive way, as you did against Iraq when 
you had no evidence, when you came to this floor and presented evidence 
that turned out not to be true, and use that as a pretext for going 
into war, we are heading for in Iran, in my view, another Gulf of 
Tonkin kind of situation, where you cook up a situation.
  This administration took down the border between Iran and Iraq and 
now complains to us everywhere that we are getting all kinds of weapons 
coming in from Iran. Using that as a pretext, the Arab press yesterday 
reports that the Vice President was in the Middle East telling people 
that war is coming, telling them that the problems in Iraq don't keep 
us out of anything. They won't be any hindrance to us going into Iran.
  This amendment is simply an attempt to put a minor block in the way 
of this administration's desire to widen this war, probably to get 
people's minds off how bad it is in Iraq.
  This is supposed to be winding down in Iraq because of the 
escalation. But in fact that is not what is happening. We are losing 
more soldiers every day. We have had the bloodiest months in this war.
  This amendment is simply to say the United States Congress will 
decide where this country goes to war, not the President, who wants to 
go out and create whatever situation he wants in the world.
  I urge the adoption of this amendment.
  Mr. ANDREWS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I think we have had a healthy, robust debate on this 
question, and I urge a ``yes'' vote.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from New Jersey.
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. HUNTER. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New Jersey 
will be postponed.


                Amendment No. 14 Offered by Mr. DeFazio

  The Acting CHAIRMAN. It is now in order to consider amendment No. 14 
printed in House Report 110-151.
  Mr. DeFAZIO. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 14 offered by Mr. DeFazio:
       At the appropriate place in title XII of the bill (relating 
     to matters relating to foreign nations), insert the following 
     new section:

     SEC. 12_. REQUIREMENTS CONCERNING THE USE OF MILITARY FORCE 
                   AGAINST IRAN.

       (a) Rule of Construction.--No provision of law enacted 
     before the date of the enactment of this Act shall be 
     construed to authorize the use of military force by the 
     United States against Iran.
       (b) Requirements.--Absent a national emergency created by 
     attack by Iran upon the United States, its territories or 
     possessions, or its armed forces, no funds appropriated 
     pursuant to an authorization of appropriations in this Act or 
     any other Act may be obligated or expended to initiate the 
     use of military force against Iran unless the President 
     receives authorization from Congress prior to initiating the 
     use of military force against Iran.

  The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman 
from Oregon and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Oregon.
  Mr. DeFAZIO. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, to address criticisms raised on the first amendment, 
this would not prevent retaliation for an attack upon U.S. troops. It 
would not prevent going into Iran to retrieve captured troops. But what 
it would do is say that we have not authorized, as

[[Page 12841]]

some in this administration allege, a preemptive war against Iran 
because of the Iraq resolution or the 9/11 resolution. That simply is 
not true. They were not that all encompassing.
  Further, it would also challenge a letter I had on April 18, 2002, 
from then-White House counsel, the esteemed Mr. Gonzales, who claims 
that the President has unilateral war-making authority under the 
Constitution.
  No. This simply restates the Constitution of the United States and 
the War Powers Act. It is law, 93-148, and article I, section 8, of the 
Constitution.
  This is not about whether or not military action against Iran is wise 
or necessary. Regardless of how you come down on that question, I urge 
you to support the amendment. It is not about binding the President's 
hands so he couldn't retaliate if they are involved in attacking our 
troops or capturing our troops in the area. It allows, as does the War 
Powers Act, in the event of any attack by Iran on the United States, 
its territories or possessions or Armed Forces, it is fully within the 
President's purview to respond.
  There are many who are concerned about the growing nuclear capability 
of Iran, and I share those concerns. But the question that some day 
possibly in the future they might have a missile that could work, they 
might have nuclear weapons, does not dictate that we should have a 
preemptive war now; and if the President wants to make the case that 
that warrants a preemptive war, he should come to the war-making body, 
the Congress of the United States, make that case, present his evidence 
and have a lawful vote.
  Plain and simple, that is all this amendment does, although I am 
certain other allegations will be made.
  Mr. HUNTER. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman from California is recognized for 
5 minutes.
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in strong opposition to this amendment. We have 
been at war with the radical Islamic jihadists ever since they 
supported and fomented that storming of our embassy in 1979. They held 
Americans hostage and they held them for 444 days, and every President 
since President Carter has renewed the national emergency with respect 
to Iran, most recently on March 8 of this year.
  If you look at the War Powers Act, Mr. Chairman, it states that a 
national emergency does justify the President utilizing his 
constitutional powers as Commander in Chief. My reading of this 
amendment is that this proposal, this amendment, changes the War Powers 
Act and extracts that power from the President of the United States. We 
have had Democrat and Republican Presidents renewing that finding and 
that national emergency status with respect to Iran.
  Just to say further, Mr. Chairman, we all know, and I just talked 
about this, we know that Iran through its proxies helped and aided in 
the attack against Americans at Khobar Towers, which killed 19 
Americans and injured 372 other Americans and other people who were in 
that area. We know that the Iranian-backed insurgents are killing 
American troops with IEDs, and some of that IED expertise and the 
materials themselves are being transferred from Iran. We know that they 
are assisting in attacks against Americans in Afghanistan.
  A couple of weeks ago the Chairman of the Joint Chiefs, General Pace, 
said, ``We have intercepted weapons in Afghanistan headed for the 
Taliban that were made in Iran. The arms included mortars and C-4 
plastic explosives.''

                              {time}  1845

  So, Mr. Chairman, every Member of this body should be strongly 
opposed to this particular amendment.
  Mr. Chairman, I would like to yield 1\1/2\ minutes to the gentlewoman 
from Nevada (Ms. Berkley).
  Ms. BERKLEY. Mr. Chairman, I rise in opposition to this amendment.
  There is no denying that Iran's bloodthirsty regime would gladly 
destroy the United States, annihilate Israel and destabilize Iraq. 
Iran's hand in terrorist activities around the Middle East is clear. 
Iran's President continues to threaten Israel. I believe he stated he 
would wipe Israel off the map. And he continues to pursue nuclear 
weapons so he can dominate the Middle East and threaten his neighbors.
  We have tried to stop Iran from obtaining those weapons. We have 
increased sanctions on firms that do business with this dangerous 
regime. We have worked with our allies and the United Nations.
  And yet with all of these efforts, just yesterday, we learned that 
the sanctions have done precious little to impede Iran's march towards 
obtaining nuclear weapons.
  According to the IAEA, and by Iran's own bravado, Iran is now 
beginning to enrich uranium on a far larger scale than ever before.
  Mr. Chairman, this is not the time to be tying our hands on Iran. We 
all seek a peaceful solution. No one wants another war. But if we don't 
take a tough stance on Iran and maintain the threat of military action, 
Iran will get the message that we don't care if it gets nuclear 
weapons. It will allow the most dangerous regime in the world to 
continue its quest for regional and world domination, and destroy the 
only democratic country and the United States' most reliable ally in 
the region, Israel. I urge opposition to this amendment.
  Mr. DeFAZIO. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California (Ms. Lee).
  Ms. LEE. Mr. Chairman, I thank the gentleman from Oregon for 
yielding, and also for your leadership on this issue.
  I am very concerned with Iran's efforts to acquire nuclear weapons, 
like I am concerned about any country's efforts to acquire nuclear 
weapons. Preventing this, though, will not happen through military 
action.
  Unfortunately, the President's saber rattling against Iran is only 
increasing and is eerily similar to the march to war with Iraq. We must 
act to prevent another war of preemption, this time against Iran.
  That is why this amendment is so important. It would clarify that no 
previous authorization constitutes an authorization to use force 
against Iran.
  Secondly, this amendment would make certain that no funds would be 
used to take military action against Iran in the absence of specific 
congressional authority or a direct attack as defined by the War Powers 
Act.
  Beyond this, we must make certain that the United States is not 
funding covert action intended to cause regime change in Iran. 
Unfortunately, the Rules Committee did not rule in order an amendment 
that I would have that allowed for this sort of debate.
  I urge my colleagues to support this amendment and also to recognize 
that this is a critical first step this body can take in preventing war 
with Iran.
  Mr. DeFAZIO. Mr. Chairman, I yield 1 minute to the gentleman from New 
York (Mr. Hinchey).
  Mr. HINCHEY. Mr. Chairman, we all realize that it is the 
responsibility of every Congress to ensure that the current 
administration adheres to the Constitution and the rule of law.
  Most of us understand how this administration used the policy office 
within the Pentagon to falsify intelligence and to provide the Congress 
with false information in an attempt to justify the illegal invasion of 
Iraq and the subsequent disastrous military occupation which has been 
going on there now for more than 4 years.
  This amendment makes perfect sense. It simply ensures that kind of 
behavior by this administration is not extended now into another 
country in the Middle East, Iran, based upon the same falsification of 
information and failure to adhere to its obligations under the 
Constitution.
  This amendment must be passed. It makes perfect sense, and it ensures 
the security of our country and makes sure that our military personnel 
are not exposed to the kinds of danger that they have been exposed to 
as a result of the falsification of intelligence by this 
administration. Let's pass this amendment.
  Mr. HUNTER. Mr. Chairman, I yield myself the balance of my time.

[[Page 12842]]

  I would just offer to my colleague who just spoke and my other 
colleagues that there are the strongest statements for invasion of Iraq 
that took place before President Bush came into office, and those were 
the now famous speeches that were made by three Senators by the name of 
Kerry, Clinton, and Gore.
  Mr. Chairman, the War Powers Act clearly calls for the ability of the 
Commander in Chief to introduce American military force where an 
emergency with respect to a nation has been declared. That emergency 
with respect to Iran has been declared by every American President 
since President Carter in 1979. This is not extra-constitutional. The 
law as it presently exists is consistent with the Constitution. This 
would infringe. In fact, this would roll back the War Powers Act. Every 
Member should vote against this amendment.
  Mr. DeFAZIO. Mr. Chairman, I yield myself the balance of my time.
  The President is not reading in full the War Powers Act. It says the 
President's constitutional powers ``are exercised only pursuant to (1) 
a declaration of war, (2) specific statutory authorization, or (3) a 
national emergency created by attack upon the United States, its 
territories or possessions, or its armed forces.''
  My amendment actually allows that exact language. If our troops are 
attacked, if we are attacked, if our territories are attacked, then the 
President could retaliate. So I am restating the war powers.
  In this case we also heard about a declaration of war from the 
gentlewoman from Nevada. The Congress has the authority to take up a 
declaration of war tonight, tomorrow, anytime it deems fit against 
Iran. Nothing in this amendment would prevent a Congress from declaring 
war.
  It is just saying if you want to have a preemptive war under the 
Constitution of the United States, a preventive war, then you need to 
come to Congress under article I, section 8.
  If you believe in the Constitution of the United States and the 
powers of this branch, vote for this amendment.
  Mr. VAN HOLLEN. Mr. Chairman, yesterday, as part of the Defense 
Authorization bill, we voted on an amendment offered by Mr. DeFazio of 
Oregon that would, with limited exceptions, require the President to 
obtain congressional authorization before taking military action 
against Iran. I want to make something crystal clear: I fully support 
the intent of the amendment. However, I opposed the DeFazio Amendment 
for three reasons.
  First by singling out Iran, the amendment created a troubling 
implication that the President could take military action against other 
countries without congressional authorization. For example, there have 
been reports that the Bush Administration has considered military 
action against Syria. The DeFazio Amendment did not mention Syria. Does 
the omission of Syria, or any other country, give the President a green 
light to attack other nations without congressional authorization? 
Essentially, the DeFazio Amendment re-stated what I believe to be the 
powers of the Congress under the U.S. Constitution and statutory law. 
The Executive Branch must respect those powers. It establishes a bad 
precedent for the Congress to pass a DeFazio type amendment every time 
it is concerned the Executive Branch might take military action against 
a particular country in violation of the Constitution and statutory 
law. That would send the wrong message that Congress doesn't care 
whether the Executive abides by the Constitution unless the Congress 
passes a similar amendment in every instance.
  Second, it is difficult to predict every possible contingency when 
formulating legislation regarding the use of military force. If, for 
example, the DeFazio Amendment became the law of the land, and American 
civilians were taken hostage in Iran, the President would be prohibited 
from ordering a military rescue operation unless the Congress first 
passed a resolution. Certainly, that was not the intent of Mr. 
DeFazio's amendment, but that is its effect.
  Finally, the DeFazio Amendment does not address the problem that led 
to the bad decision to go to war in Iraq. Afterall, President Bush 
asked Congress to authorize the use of force against Iraq. The problem 
was that Congress mistakenly passed a resolution giving the President 
that authority.
  In conclusion, while I support the spirit and intent of this 
amendment, I think it establishes an unwise precedent, fails to 
consider all the contingencies that might lead to the justifiable use 
of force, and fails to address the issue that led to the war in Iraq.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Oregon (Mr. DeFazio).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. HUNTER. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Oregon will 
be postponed.


                Amendment No. 21 Offered by Ms. Woolsey

  The Acting CHAIRMAN. It is now in order to consider amendment No. 21 
printed in House Report 110-151.
  Ms. WOOLSEY. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 21 offered by Ms. Woolsey:
       At the end of title I, insert the following:

     SEC. 1__. STUDY ON NEED FOR WEAPONS SYSTEMS THAT WERE 
                   ORIGINALLY DESIGNED TO FIGHT THE COLD WAR AND 
                   THE FORMER SOVIET UNION.

       (a) Study Required.--The Secretary of Defense shall carry 
     out a study on the weapons systems being produced for the 
     Department of Defense that were originally designed to fight 
     the Cold War and the former Soviet Union.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees, and to the Committee on the 
     Budget of the House of Representatives and the Committee on 
     the Budget of the Senate a report on the results of the study 
     carried out under subsection (a). The report shall identify 
     the weapons systems covered by the study and, for each such 
     weapons system, shall--
       (1) describe whether the weapons system meets current 
     needs;
       (2) specify, and compare, the cost of fitting the weapons 
     system to meet current needs and the cost of developing and 
     procuring a new weapons system to meet current needs;
       (3) explain the reasons why the weapons system continues to 
     be produced for the Department; and
       (4) quantify and describe the savings achieved by 
     decommissioning and dismantling weapon systems no longer 
     needed as a result of the demise of the former Soviet Union 
     the threats it posed to national security.

  The Acting CHAIRMAN. Pursuant to House Resolution 403, the 
gentlewoman from California (Ms. Woolsey) and a Member opposed each 
will control 5 minutes.
  The Chair recognizes the gentlewoman from California.
  Ms. WOOLSEY. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, it is our job in Congress to make tough decisions. So 
given the quagmire in Iraq which is costing $273 million every day, and 
our troops still don't have the training and equipment they need, and 
given we have critical needs at home that aren't being fully funded, 
needs like children's health care, rebuilding the gulf coast, keeping 
our promise to veterans, repairing tornado-ravaged towns and collapsed 
bridges, and I could go on and on, and you know it.
  Sadly, we are still spending at least $60 billion every year to build 
and maintain weapons that were specifically designed to fight the 
Soviet Union. It is not exactly the threat we need to worry about in 
the year 2007. That's why I am offering this amendment to H.R. 1585, an 
amendment that would require the DOD to identify all weapon systems 
that are currently being produced that were designed to fight the Cold 
War, identify their usefulness, and evaluate the cost of savings for 
eliminating these programs.
  My amendment wouldn't eliminate a single program. Rather, it is 
simply asking the Department of Defense to take an inventory of what 
they are building that was designed to fight the Cold War and report 
back to Congress.
  This December will mark the 18th anniversary of a meeting in Malta 
where the first President Bush and Soviet President Mikhail Gorbachev 
declared an end to the Cold War. From there, it was another couple of 
years before the Soviet Union was disbanded, the Berlin Wall came down, 
and the Iron Curtain

[[Page 12843]]

collapsed. The Cold War is over. It is time that the Department of 
Defense realized this and made the proper adjustments in their 
procurement programs.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HUNTER. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman from California (Mr. Hunter) is 
recognized for 5 minutes.
  Mr. HUNTER. Mr. Chairman, we are in strong opposition to this 
amendment. In fact, the Armed Services Committee under the very able 
chairmanship of the gentleman from Missouri has finished a number of 
oversight hearings. The subcommittees that are involved in the Armed 
Services Committee and in Defense Appropriations Subcommittee have 
undertaken extensive hearings and analysis of every weapons system that 
we have. And, of course, you have many weapons systems that were built 
20-30 years ago that were highly relevant, like the C-130s that Members 
fly on, that are the backbone of the transportation system, the 
intratheater transportation system in Iraq and Afghanistan, the Bradley 
fighting vehicles, M-1 tanks. There is no weapon system that comes out 
of a production line with the word ``Cold War'' on it, so the relevance 
and the importance and the use of weapons has been carefully and 
closely analyzed by the important committees, the oversight committees, 
and we are aided in that by the Quadrennial Defense Review that is done 
by the administration where they make their case for what they think 
that we need, and the President makes that proposition which is 
manifested in his budget. And after hearings, the members of this 
committee and the full body, this House of Representatives, respond 
with our cut on what we think we should do with respect to arming and 
maintaining and equipping our military forces.
  So I would just strongly oppose the gentlelady's amendment, and say I 
have great respect for the gentlelady.
  Mr. Chairman, I yield 1 minute to the gentleman from Oklahoma (Mr. 
Boren).
  Mr. BOREN. Mr. Chairman, I rise in opposition to this amendment.
  The Department of Defense can and should review its weapon systems to 
ensure they are relevant to current threats. But by arbitrarily 
singling out Cold War systems, this amendment sends DOD the wrong 
signal.
  The House Armed Services Committee has provided thorough and 
aggressive oversight in considering DOD's budget request. While fully 
funding the Department, the committee cuts billions of dollars from 
major programs we found to be outdated or irrelevant to current and 
future threats, shifting those funds to more urgent priorities such as 
the Mine Resistant Ambush Protected vehicle, MRAP vehicle. Every one of 
the weapons systems covered by the amendment has been reviewed during 
the three Quadrennial Defense Reviews held since the Cold War ended.

                              {time}  1900

  Many Cold War systems, like the Abrams tank, Bradley Fighting Vehicle 
and the B-52 bomber, have proven tremendously useful and effective in 
current operations.
  This bill reflects responsible weapons priorities for current and 
future conflicts. I oppose this amendment because it puts DOD 
priorities in the wrong place, and I thank the gentleman from 
California and our chairman.
  Ms. WOOLSEY. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
California (Ms. Lee).
  Ms. LEE. Mr. Chairman, let me thank my friend and colleague, a great 
leader, Congresswoman Woolsey, for her leadership once again on a very, 
very important issue.
  It has been 16 years since the collapse of the Soviet Union. Yet I 
find it mind-boggling that in the last decade-and-a-half the Pentagon 
has continued to waste tens of millions, and billions really, of 
dollars buying outdated Cold War-era weaponry for a national security 
threat that does not exist.
  Mr. Chairman, our spending on security should address the current 
threat that we face. That's why this amendment is so important.
  By identifying and evaluating the usefulness of Cold War weapons 
systems, the report from the Pentagon that this amendment would require 
will give us a good starting point for eliminating wasteful programs. 
Contrary to what has been said, this is not arbitrary. In fact, 
military experts have identified at least $60 million in these weapons 
systems.
  By getting rid of these outdated programs, we'd not only make the 
much-needed investment in ensuring health care for all of our children, 
improving our public schools, ending our dependence on foreign oil, but 
also improving our homeland security.
  When you think about it, really, domestic security is national 
security. We don't need to sacrifice our domestic needs to ensure that 
our Nation remains safe. This amendment will take steps towards making 
this balance possible.
  So I urge my colleagues to look at this amendment. It is very 
practical. It is very rational. It is very reasonable. And I want to 
thank my colleague from California for bringing this forward again so 
that we can really begin to have a full debate with regard to the 
taxpayer dollars.
  We need to look at where our tax dollars are going in terms of the 
real threat that exists now in this 21st century. Certainly it has 
nothing to do with the Soviet Union. Certainly it has nothing to do 
with the Cold War era.
  Mr. HUNTER. Mr. Chairman, I would just say we strongly oppose this 
amendment, and I yield back the balance of our time.
  Ms. WOOLSEY. Mr. Chairman, I yield 1 minute to the gentleman from New 
York (Mr. Hinchey).
  Mr. HINCHEY. Mr. Chairman, I thank my friend and colleague from 
California for raising this issue, which I think is very important.
  We are now confronting a situation in Iraq where the number of our 
military personnel who have been killed is approaching 3,400. Tens of 
thousands of others have been physically wounded, many of them very 
seriously. A good number of those deaths and wounds may be attributed 
to the lack of proper equipment.
  We went into that situation, this administration sent our military 
forces into that circumstance there, without properly preparing for 
what they had to confront. In fact, they didn't have any idea what they 
were likely to confront. Many of the issues are that we have not 
developed the kinds of protection, the kinds of equipment, including 
transportation equipment and personal protection equipment, a whole 
host of things that are relevant to this situation, while we spend 
billions of dollars on materials that may have been necessary during 
the Cold War but which are no longer necessary now.
  We need what this amendment calls for, a re-evaluation of those 
military activities and equipment, and this is a very simple thing, and 
it should be done.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from California (Ms. Woolsey).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Ms. WOOLSEY. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from California 
will be postponed.


                 Amendment No. 38 Offered by Mr. Israel

  The Acting CHAIRMAN. It is now in order to consider amendment No. 38 
printed in House Report 110-151.
  Mr. ISRAEL. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 38 offered by Mr. Israel:
       At the appropriate place in title XII of the bill (relating 
     to matters relating to foreign nations), insert the following 
     new section:

     SEC. 12_. REPORT ON OPERATIONAL STATUS OF THE AIRFIELD 
                   LOCATED IN ABECHE, CHAD.

       (a) Findings.--Congress finds the following:

[[Page 12844]]

       (1) Sudan has been ravaged by civil war for four decades.
       (2) More than two million people have died in Southern 
     Sudan over the past two decades due to war-related causes and 
     famine and millions have been displaced from their homes.
       (3) The airfield located in Abeche, Chad is near the border 
     between Chad and Sudan.
       (4) Although the Abeche airfield is currently used for 
     military transportation and humanitarian missions, it may be 
     in need of upgrades to allow for increased air traffic, 
     including upgrades to the airstrip and hangers.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States, with the concurrence of the Government of 
     Chad, should help provide for the necessary upgrades to the 
     airfield located in Abeche, Chad in order to support 
     potential North Atlantic Treaty Organization operations, 
     facilitate a possible United Nations deployment to Chad and 
     the Darfur region of Sudan, and support humanitarian 
     operations.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on the current operational status of the 
     airfield located in Abeche, Chad and recommendations for 
     upgrades to the Abeche airfield to support enhanced 
     operations and a large increase in air traffic, including a 
     cost-estimate for such upgrades.

  The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman 
from New York (Mr. Israel) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. ISRAEL. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I have drafted this amendment with the gentlewoman from 
California (Ms. Lee) to send a clear and unequivocal message to the 
Government of Sudan that we will proactively explore every option and 
bear the burdens necessary to help stop the genocide in Darfur.
  400,000 innocent people have been murdered in Darfur, 2 million 
refugees, and through it all, the Government of Sudan tests the will 
and the patience of the United States, the United Nations and the 
entire world. This amendment says that we have the will and we are 
running out of patience.
  One hundred miles from Darfur in Chad is the Abeche Air Base. If 
diplomacy fails, if Sudan continues to defy the world and perpetuate 
this genocide, that air base can be used for potential NATO operations. 
It can be used for a possible U.N. peacekeeping force. It can be used 
for humanitarian missions.
  Our amendment expresses the will of Congress to make the upgrades 
necessary to that air base and requires the Department of Defense to 
report within 90 days on specifically what upgrades may be necessary 
and what the costs will be.
  It says to Sudan, we will not turn our backs, we will not close our 
eyes, we will prepare.
  I urge passage of this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HUNTER. Mr. Chairman, I'm not in opposition to the amendment, but 
I ask unanimous consent to claim the time in opposition.
  The Acting CHAIRMAN. Without objection, the gentleman from California 
is recognized for 5 minutes.
  There was no objection.
  Mr. HUNTER. Mr. Chairman, if Mr. Israel had additional speakers, I'd 
be happy to defer to him and then take my time afterwards, if he has 
somebody ready to talk.
  Mr. ISRAEL. I very much thank the gentleman, and I yield 2 minutes to 
the gentlewoman from California (Ms. Lee).
  Ms. LEE. Mr. Chairman, first, I want to thank the gentleman from New 
York for your leadership and for your commitment to ending this 
horrific genocide.
  This is an issue that we have worked on together for a while. This 
issue has been bipartisan, and once again, this is one step forward to 
hopefully end the carnage that's taking place in Darfur. So I thank Mr. 
Israel again for your commitment to end this.
  This amendment is really very simple. It seeks to expand the delivery 
of humanitarian assistance and to speed the deployment of peacekeepers 
to the Darfur region of Sudan by exploring the possibility of upgrading 
a nearby airfield in Abeche, Chad.
  The amendment expresses the sense of Congress that we should work 
with the Government of Chad to upgrade this airfield. It also requests 
that the Pentagon provide Congress with a report on the current 
operational status of the airfield, including recommendations and cost 
estimates for upgrading it to accommodate the enhanced operations and 
increased air traffic.
  We have spoken out repeatedly on this floor in condemnation of the 
ongoing genocide in Darfur, but it bears repeating that nearly 3 years 
ago, on July 22, 2004, under the leadership of a great leader, 
Congressman Don Payne, Congress declared that genocide was taking place 
in Darfur. To date, estimates indicate that nearly 450,000 people have 
been killed, and 2.5 million innocent civilians have been displaced.
  Quite simply, genocide is happening on our watch, and we have a 
responsibility to utilize every tool at our disposal to put a stop to 
it. This is another effort in that direction, and so I want to thank 
Mr. Israel for your leadership.
  Not only must we do this. We must pursue divestment for companies 
doing business in Khartoum. We must lean on China to leverage their 
influence with Sudan to help stop the violence, and we must continue to 
urge all parties, the rebels and the government, to lay down their arms 
and come to the table to negotiate a political situation, but we cannot 
and we should not hold a cease-fire declaration hostage to a peace 
agreement or vice versa.
  So please support this amendment. I thank Mr. Israel again for your 
leadership.
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I want to thank Mr. Israel and Ms. Lee for bringing 
this amendment. We all have our eyes focused on the warfighting 
theaters in Iraq and Afghanistan, and if we turn our focus to Darfur 
and look at the history and the number of deaths which number, and the 
estimates I have seen are between 250,000 and 400,000, many of them 
inflicted by this so-called janjaweed militia which comes into villages 
in Darfur and ravages the village, burns them, we have seen the 
pictures that have been circulated by our own Member, Mr. Wolf, and by 
Senator Brownback from their recent trips, which show burned-out 
villages with the women abused, with many of the villagers killed, some 
of them killed by strafings, by helicopter gunships which have been 
purchased from China and from Russia, with small arms sales taking 
place specifically from the Chinese and the Russians. And we see a 
situation in which the Free World and the civilized world has not been 
able to have much of an effect.
  I'd ask Mr. Israel, my colleague, of your take on this very difficult 
situation.
  Mr. ISRAEL. Mr. Chairman, will the gentleman yield?
  Mr. HUNTER. I yield to the gentleman from New York.
  Mr. ISRAEL. Mr. Chairman, I appreciate it. The gentleman is correct. 
That is, in fact, exactly what we are trying to get at, and that is 
embodied in this resolution, and I want to thank the gentleman.
  This is an example of where Republicans and Democrats can agree. We 
argue about a lot on this floor, but let there be no mistake. When 
there is genocide, when there are massacres, Republicans and Democrats 
will stand together in opposition to that genocide.
  Talking about it is not enough. We need to prepare for all 
contingencies, and that's what this resolution does.
  Mr. HUNTER. I thank the gentleman, and let me make an offer to this 
gentleman.
  You have got this great idea of using this airfield, which is about 
100 miles from the border, to bring in nongovernmental organizations 
which can bring in food, bring in medicine to the displaced villagers. 
We work in my office with a number of groups, one of them called Rescue 
Task Force, which has built medical centers around the world and 
brought in food and medicine in many very difficult situations.
  I'd like to offer to work with the gentleman with this 
nongovernmental organization, Rescue Task Force, and

[[Page 12845]]

others to bring in food and medicine to that particular location. Let's 
see if we can't maybe help lead out by getting some NGOs to start using 
this particular airfield. And I'll be happy to join the gentleman; I 
know Mr. Saxton will be happy to join in this, Mr. Wolf and others.
  Let's get a letter, maybe a meeting with the State Department, with 
the administration, see if we can't get this review of this airfield 
immediately and start getting some supplies into it, and maybe we can 
lead the world, the humanitarian world, as Americans, as we do so 
often, in moving supplies into the airfield that you have identified.
  So I support this very, very strongly. And I didn't know if Mr. 
Saxton wanted to involve himself in this discussion, but I know he 
wants to help here, too. If the gentleman would take me up on that 
offer, and if he's got a nongovernmental organization in mind, let's 
move out on this one. It looks like an excellent, excellent opportunity 
for cooperating and helping.
  Mr. Chairman, I yield back my time.
  Mr. ISRAEL. Mr. Chairman, I yield 2 minutes to the distinguished 
gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished 
gentleman from New York (Mr. Israel) for yielding and thank you for the 
leadership given.
  We join you and we thank Congresswoman Barbara Lee as well. We have 
been working, Congressman Payne, members of the Congressional Black 
Caucus, and this entire caucus have been working on this issue, and 
want to thank you for, I think, what is a holistic, bipartisan 
approach.
  I would call it an undiscovered airfield, but it is not. Obviously, 
it is an airfield that represents a strategic location for the goals of 
your amendment.
  I think it's important to note that the slaughter still continues in 
Darfur; the slaughter still continues in Sudan. And I was told just 
recently, and I appreciate the Save Darfur Coalition that we have all 
worked with that repeatedly come to your offices and tell you that the 
slaughter still goes on, that humanitarian workers have also been put 
in jeopardy.
  Women who are trying to get firewood, and isn't it a simple task? And 
many of us don't understand, they are still getting firewood, and that 
is, women who are leaving villages, even in Chad, where I have gone to 
the refugee camps, women will leave those refugee camps to get, if you 
will, the firewood for their income, for their survival, and will be 
raped and sometimes beaten as they go to do that.

                              {time}  1915

  To have a place for the humanitarian workers and the airlift that is 
necessary, both in Darfur and also in other regions of Sudan, can be 
lifesaving.
  I hope, as the ranking member of the full committee indicated his 
interest of collaboration, that we too can collaborate and work with 
you and work with this final solution. I like to call it final, 
because, as you well know, the deaths are peaking.
  I want to say to the ranking member, Mr. Hunter, as I also thank the 
chairman of the full committee, because this is a unique amendment. 
Both of you, of course, had to agree on the uniqueness of this 
amendment.
  But the idea of it is that humanitarian workers are not safe. 
Therefore, it is important for those humanitarian workers to be safe. I 
simply say this is an excellent amendment. I thank you, and I encourage 
everyone to support and vote for this amendment in order to save lives 
in the Sudan.
  Mr. ISRAEL. Mr. Chairman, I will wrap up. We have heard this evening 
that this resolution enjoys bipartisan support and support with Members 
with different ideologies.
  The cosponsor of this amendment, the gentlewoman from California (Ms. 
Lee), and I have different ideologies. I tend to lean to the right on 
national security issues, she tends to lean to the left. But we are 
united in sending a message around the world that we will not allow 
genocide to occur.
  After the Holocaust, the world embraced the slogan, ``Never Again.'' 
What this resolution does is say that we will explore every option to 
keep our promise to that slogan so that it is not just words.
  I also want to point out that the resolution, in addition to having 
the support of the distinguished ranking member of the House Armed 
Services Committee, Republicans and Democrats, also was supported by 
Citizens for Global Slogans, Enough, the Project to Abolish Genocide 
and Mass Atrocities, the Genocide Intervention Network, the Save Darfur 
Coalition and the Truman National Security Project. This is something 
that we can all agree on. I am grateful to the chairman of the Armed 
Services Committee.
  Mr. HUNTER. Would the gentleman yield?
  Mr. ISRAEL. I will yield to my friend.
  Mr. HUNTER. I thank the gentleman for yielding.
  Let me offer we have these great nongovernmental organizations, we 
have a lot of people who have been displaced and abused in Darfur. They 
desperately need food and medicine. I will commit to the gentleman that 
we will try to work with these NGOs that we know of and let's try to 
work together in a partnership and try to get a plane load of supplies 
into that airfield or another one by the first of July. That's a little 
more than a month from now.
  Let's work together. We will start working today to try to get this 
done. Let's prod the good old State Department and DOD to get out there 
and survey that airfield.
  Mr. ISRAEL. Reclaiming my time, I appreciate the gentleman's 
exuberance. I certainly will work with him and with the chairman of the 
Armed Services Committee to work on a truly bipartisan effort that 
genocide will not be tolerated, and we will explore every option and 
push every button we need to.
  I thank the gentleman. We will work with him.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment of the 
gentleman from New York (Mr. Israel).
  The amendment was agreed to.


            Amendments En Bloc No. 2 Offered by Mr. Skelton

  Mr. SKELTON. Mr. Chairman, I offer amendments en bloc.
  The Acting CHAIRMAN. The Clerk will designate the amendments en bloc.

       Amendments en bloc consisting of amendments numbered 2, 3, 
     6, 12, 13, 22, 23, 24, 25, 39, 44, 45 and 46 printed in House 
     Report 110-151 offered by Mr. Skelton:


                 Amendment No. 2 Offered by Mr. Saxton

  The text of the amendment is as follows:

       At the end of title X, add the following new section (and 
     conform the table of contents accordingly):

     SEC. 1055. BACKGROUND INVESTIGATIONS REQUIRED FOR CIVILIANS 
                   ENTERING MILITARY FACILITIES AND INSTALLATIONS.

       (a) Background Investigations.--
       (1) In general.--Chapter 80 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1567. Civilian entry to military installations or 
       facilities: background investigation required

       ``(a) In General.--Any unescorted civilian seeking access 
     to a military installation or facility, or any civilian who 
     is an employee of a contractor or vendor of a military 
     installation or facility, may not be allowed to enter the 
     installation or facility unless a background investigation 
     has been conducted on such individual in accordance with 
     subsection (b).
       ``(b) Background Investigation.--A background investigation 
     required under this section--
       ``(1) shall be conducted by the Department of Defense 
     through the National Crime Information Center of the Federal 
     Bureau of Investigation;
       ``(2) shall verify the citizenship of the individual and 
     make every effort to verify the individual's true identity; 
     and
       ``(3) shall determine whether there is an outstanding 
     warrant for the individual's arrest and whether the 
     individual is on a terrorist watch list.
       ``(c) Exemption for Department of Defense Identification 
     Card Holders.--The requirement for a background investigation 
     under this section shall not apply to individuals possessing 
     a valid Department of Defense identification card.
       ``(d) Waiver for Community Events.--The base commander of a 
     military installation or facility may waive the requirement 
     for a background investigation under this section for persons 
     attending base-sponsored community activities.''.

[[Page 12846]]

       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1567. Civilian entry to military installations or facilities: 
              background investigation required.''.

       (b) Effective Date.--Section 1567 of title 10, United 
     States Code, as added by subsection (a), shall take effect on 
     the date of the enactment of this Act.


                  Amendment No. 3 Offered by Mr. Ortiz

  The text of the amendment is as follows:

       At the end of title XXXV add the following:

     SEC. __. REPORT OF VESSEL DISPOSAL PROGRAM.

       Not later than October 1, 2007, the Secretary of 
     Transportation shall submit to the Committee on Armed 
     Services and the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report concerning the current plan for the disposal 
     of non-retention vessels in the National Defense Reserve 
     Fleet. The report shall include a listing of the vessels that 
     the Maritime Administrator determines have the highest risk 
     for environmental damage to the local estuary if further 
     deterioration continues, an explanation of the classification 
     system used to make such determination, and a detailed plan 
     for the disposal of those vessels identified as significant 
     environmental risks.


           Amendment No. 6 Offered by Mr. Smith of Washington

  The text of the amendment is as follows:

       Strike section 233 and insert the following:

     SEC. 233. REDUCTION OF AMOUNTS FOR ARMY VENTURE CAPITAL FUND 
                   DEMONSTRATION.

       The amount in section 201(1), research, development, test, 
     and evaluation, Army, is hereby reduced by $10,000,000, to be 
     derived from the Army Venture Capital Fund demonstration.


           Amendment No. 12 Offered by Mr. Johnson of Georgia

  The text of the amendment is as follows:

       At the end of title XXIV, add the following new section:

     SEC. 2405. WOUNDED WARRIOR FACILITY SUPPORT.

       (a) Authorization of Additional Projects.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2404(a)(9), the Secretary of Defense is authorized 
     to carry out the following additional projects (in the 
     following amounts):
       (1) National Naval Medical Center, Bethesda, Maryland 
     Enhanced Warrior Care Center, $33,000,000.
       (2) DeWitte Army Medical Center, Fort Belvoir, Virginia:
       (A) Enhanced Fort Belvoir Capability, $43,000,000.
       (B) Fort Belvoir Price Inflation/Scope Adjustment 
     $93,000,000.
       (b) Offsets.--To offset the funds needed for the projects 
     referred to in subsection (a), an undistributed reduction to 
     the authorization of appropriations in section 2404(a)(9) is 
     provided in the amount of $169,000,000.


               Amendment No. 13 Offered by Ms. Slaughter

  The text of the amendment is as follows:

       At the end of subtitle B of title XXVIII, add the following 
     new section:

     SEC. 2817. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.

       Not later than December 1, 2007, the Secretary of the Air 
     Force shall submit to the congressional defense committees a 
     report containing a detailed plan of the current and future 
     aviation assets that the Secretary expects will be based at 
     Niagara Air Reserve Base, New York. The report shall include 
     a description of all of the aviation assets that will be 
     impacted by the series of relocations to be made to or from 
     Niagara Air Reserve Base and the timeline for such 
     relocations.


           Amendment No. 22 Offered by Mr. Moran of Virginia

  The text of the amendment is as follows:

       At the end of subtitle C of title XXVIII, add the following 
     new section:

     SEC. 2822. CONDITIONS ON TRANSFER OF MILITARY PERSONNEL AND 
                   CIVILIAN EMPLOYEES TO FORT BELVOIR, VIRGINIA, 
                   AS PART OF REALIGNMENT OF THE INSTALLATION.

       Notwithstanding section 2904(a)(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), members of the 
     Armed Forces and civilian employees of the Department of 
     Defense who are scheduled to be relocated to Fort Belvoir, 
     Virginia, as a result of the closure of leased-office space 
     in Arlington, Virginia, pursuant to the recommendations 
     contained in the report transmitted to Congress on September 
     15, 2005, under section 2903(e) of such Act may not be 
     relocated to Fort Belvoir, until--
       (1) the Secretary of the Army submits to Congress written 
     certification that the necessary transportation 
     infrastructure, as identified by the environmental impact 
     statement prepared by the Department of the Army for the Fort 
     Belvoir realignment, to accommodate the total number of 
     members and civilian employees to be assigned to Fort Belvior 
     and their dependents, is substantially completed; and
       (2) the 60-day period beginning on the date on which the 
     certification is submitted under paragraph (1) expires.


          Amendment No. 23 Offered by Ms. Jackson-Lee of Texas

  The text of the amendment is as follows:

       At the end of subtitle D of title X, add the following new 
     section:

     SEC. 1034. REPORT ON IMPACT ON FAMILIES OF MILITARY PERSONNEL 
                   SERVING MULTIPLE OVERSEAS DEPLOYMENTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Defense shall submit a report to 
     Congress regarding the impact, including the financial and 
     emotional effects, of multiple overseas deployments on the 
     families of members of the Armed Forces serving those 
     multiple deployments as part of Operation Iraqi Freedom and 
     Operation Enduring Freedom.


          Amendment No. 24 Offered by Ms. Jackson-Lee of Texas

  The text of the amendment is as follows:

       Title V, subtitle C, add at the end the following:

     SEC. 5__. INTENSIFIED EFFORTS TO PUBLICIZE AND AWARD 
                   SCHOLARSHIPS TO STUDENTS ATTENDING HISTORICALLY 
                   BLACK COLLEGES AND UNIVERSITIES AND HISPANIC-
                   SERVING INSTITUTIONS.

       The Secretary of Defense shall take due care to ensure that 
     the Army National Guard and Reserve ROTC scholarships 
     provided in this title are available to students attending 
     Historically Black Colleges and Universities that are part B 
     institutions as defined in section 322(2) of the Higher 
     Education Act of 1965 (20 U.S.C. 1061(2)) and minority 
     institutions (as defined in section 365(3) of that Act (20 
     U.S.C. 1067k(3))) and Hispanic-serving institutions as that 
     term is used in section 502 of the Higher Education Act of 
     1965 (20 U.S.C. 1101a).


         Amendment No. 25 Offered by Mr. Tom Davis of Virginia

  The text of the amendment is as follows:

       At the end of title XI, add the following:

     SEC. 1112. EXTENSION OF INFORMATION TECHNOLOGY EXCHANGE 
                   PROGRAM WITH RESPECT TO THE DEPARTMENT OF 
                   DEFENSE.

       Section 3702(d) of title 5, United States Code, is amended 
     by striking all that follows ``may commence after'' and 
     inserting the following: ``the end of--
       ``(1) the 5-year period beginning on the date of the 
     enactment of this chapter, except as provided in paragraph 
     (2); or
       ``(2) in the case of the Department of Defense, the 8-year 
     period beginning on the date of the enactment of this 
     chapter.''.


                 Amendment No. 39 Offered by Mr. Israel

  The text of the amendment is as follows:

       At the end of subtitle D of title X, add the following new 
     section (and conform the table of contents accordingly):

     SEC. 1034. COMMERCIAL AVIATION TECHNOLOGIES.

       (a) Study.--The Secretary of Defense shall conduct a study 
     to examine the methods by which United States air carriers 
     and aviation technology companies research, develop, and 
     deploy commercial aviation technologies, including processes 
     and products, and to determine the applicability of the 
     technologies to military use.
       (b) Contents.--In conducting the study, the Secretary shall 
     determine whether technologies developed for commercial air 
     carriers in any of the following areas are well-suited for 
     technology transition programs:
       (1) Flight planning.
       (2) Flight operations and tracking.
       (3) Aircraft maintenance, repair, and overhaul.
       (4) Increasing fuel efficiency.
       (5) Optimizing labor productivity.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to 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 a report on the results of the study, 
     together with recommendations on whether the Department of 
     Defense would benefit from commercial aviation technology 
     solutions and, if so, which types of solutions would best 
     support the mission of the Department.


                 Amendment No. 44 Offered by Mr. Boren

  The text of the amendment is as follows:

       At the end of subtitle H of title V insert the following 
     new section:

[[Page 12847]]



     SEC. 577. PROHIBITION ON THE UNAUTHORIZED USE OF NAMES AND 
                   IMAGES OF MEMBERS OF THE ARMED FORCES.

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

     ``Sec. 988. Unauthorized use of names and images of members 
       of the armed forces

       ``(a) Prohibition.--Except with the permission of the 
     individual or individuals designated under subsection (d), no 
     person may knowingly use the name or image of a protected 
     individual in connection with any merchandise, retail 
     product, impersonation, solicitation, or commercial activity 
     in a manner reasonably calculated to connect the protected 
     individual with that individual's service in the armed 
     forces.
       ``(b) Authority to Enjoin Violations.--Whenever it appears 
     to the Attorney General that any person is engaged or is 
     about to engage in an act or practice which constitutes or 
     will constitute conduct prohibited by subsection (a), the 
     Attorney General may initiate a civil proceeding in a 
     district court of the United States to enjoin such act or 
     practice. Such court shall proceed as soon as practicable to 
     the hearing and determination of such action and may, at any 
     time before final determination, enter such restraining 
     orders or prohibitions, or take such other actions as is 
     warranted, to prevent injury to the United States or to any 
     person or class of persons for whose protection the action is 
     brought.
       ``(c) Protected Individual.--For purposes of this section, 
     a protected individual is any person who--
       ``(1) is a member of the armed forces; or
       ``(2) was a member of the armed forces at any time after 
     April 5, 1917, and, if not living, has a surviving spouse, 
     child, parent, grandparent, or sibling.
       ``(d) Designated Individual or Individuals.--(1) The 
     individual or individuals designated under this subsection, 
     with respect to a protected individual--
       ``(A) is the protected individual, if living; and
       ``(B) otherwise is the living survivor or survivors of the 
     protected individual highest on the following list:
       ``(i) The surviving spouse.
       ``(ii) The children.
       ``(iii) The parents.
       ``(iv) The grandparents.
       ``(v) The siblings.
       ``(2) In the case of a protected individual for whom more 
     than one individual is designated under clause (ii), (iii), 
     (iv), or (v) of paragraph (1)(B), the prohibition under 
     subsection (a) shall apply unless permission is obtained from 
     each designated individual.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``988. Unauthorized use of names and images of members of the armed 
              forces.''.


                Amendment No. 45 Offered by Mr. Lipinski

  The text of the amendment is as follows:

       At the end of subtitle E of title XXVIII, add the following 
     new section:

     SEC. 28__. 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.


                Amendment No. 46 Offered by Mr. Altmire

  The text of the amendment is as follows:

       At the end of subtitle G of title VI insert the following:

     SEC. 674. LEAVE FOR MILITARY FAMILIES.

       (a) Entitlement to Leave.--Section 102(a)(1) of the Family 
     and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is 
     amended 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.''.
       (b) Intermittent or Reduced Leave Schedule.--Section 
     102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended 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.''.
       (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of 
     such Act (29 U.S.C. 2612(d)(2)(A)) is amended by striking 
     ``or (C)'' and inserting ``(C), or (E)''.
       (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) 
     is amended 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 based on 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.''.
       (e) Certification.--Section 103 of such Act (29 U.S.C. 
     2613) is amended by adding at the end the following new 
     subsection:
       ``(f) Certification for Leave Due to Active Duty of Family 
     Member.--An employer may require that a request for leave 
     under section 102(a)(1)(E) be supported by a certification 
     issued at such time and in such manner as the Secretary may 
     by regulation prescribe. If the Secretary issues a regulation 
     requiring such certification, the employee shall provide, in 
     a timely manner, a copy of such certification to the 
     employer.''.
       (f) Definition.--Section 101 of such Act (29 U.S.C. 2611) 
     is amended by adding at the end the following new paragraph:
       ``(14) Contingency operation.--The term `contingency 
     operation' has the same meaning given such term in section 
     101(a)(13) of title 10, United States Code.''.
       In the table of contents in section 2(b), after the item 
     relating to section 673 insert the following new item:

Sec. 674. Leave for military families.

  The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman 
from Missouri (Mr. Skelton) and the gentleman from California (Mr. 
Hunter) each will control 10 minutes.
  The Chair recognizes the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Georgia (Mr. Johnson), a member of the Armed Services Committee.
  Mr. JOHNSON of Georgia. Mr. Chairman, I would like to begin by 
thanking Chairman Skelton and Ranking Member Hunter for constructing 
such an impressive bill. We in Congress have no greater duty than that 
of taking care of our soldiers, marines, sailors and airmen when they 
are serving both abroad and at home.
  Our wounded heroes face a system which, while it provided 
extraordinary service to many, has undergone serious challenges in the 
proper treatment of some who have given us so much. This amendment 
would provide necessary facility improvements at both the National 
Naval Medical Center, Bethesda, and DeWitt Army Medical Center to 
support commercial medical standards.
  Furthermore, this would provide the necessary consolidation of 
medical activities to ensure high standards of care, or to ensure that 
high standards of care are available to our wounded soldiers.
  It would also renovate existing semi-private bedrooms to create 
additional single-occupant rooms, which ensure greater privacy, 
improved infection control, and space for families to room in.

[[Page 12848]]


  Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from New 
Jersey (Mr. Saxton).
  Mr. SAXTON. Thank you very much, Mr. Hunter, for yielding.
  Mr. Chairman, one of the provisions that is contained in this en bloc 
amendment is a provision that will help provide a higher level of 
security for our military personnel in the continental United States. 
As most of you probably read in the newspaper, a terrorist cell was 
apprehended in Cherry Hill, New Jersey, a short time ago.
  They had been planning a small arms attack on soldiers, Reservists, 
actually, who were preparing to be deployed to Iraq and Afghanistan at 
Fort Dix.
  One of the elements of this planning involved a pizza delivery man. 
The pizza delivery man would access the base to deliver pizza to 
soldiers in the evening who had completed their day's training.
  As the apprehension was made, it was disclosed that this individual 
had actually entered onto the base, memorized the roads and the 
buildings on the base, and had actually drawn a map to provide to the 
other members of the cell who would take part in the attack.
  This provision that's in this en bloc amendment would provide some 
extra tools for base commanders to be sure that people who enter onto 
Federal installations would have a background check done through the 
FBI, as well as through the Department of Homeland Security where 
immigration records are kept.
  I want to thank Mr. Andrews for his high level of cooperation on 
this, and also to express my thanks to the chairman for agreeing to 
make this provision part of this en bloc amendment.
  I understand there are some questions about it. Mr. Andrews and I, I 
won't speak for him, as we work through this, between now and the time 
we get a conference report, there may be some changes that are 
necessary. The last thing we want to do is to unduly restrict civilian 
activities, legitimate civilian activities on and around military 
bases.
  So I look forward to working with the chairman, the ranking member 
and Mr. Andrews and others who may be interested to make sure that we 
do not do something that is harmful to morale or stymies activities on 
or around military bases.
  Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentleman from 
Louisiana (Mr. Boustany).
  Mr. BOUSTANY. I thank the ranking member.
  Mr. Chairman, the purpose of the amendment that we have is plain and 
simple. It's to protect the privacy of America's fallen heroes and 
their families.
  Along with my colleague and friend from Oklahoma, Congressman Boren, 
I introduced this measure at the request of mothers of Marine Private 
David Burridge and Army Corporal Joseph Thibodeaux, both of Lafayette, 
Louisiana, who lost their lives in Iraq in September of 2004. While 
still recovering from the shock and the loss of their children, these 
mothers were appalled to discover the names of their sons had been 
printed on the back of T-shirts and sold for profit.
  This amendment before us today requires that our military men and 
women, or their surviving relatives, be the sole decisionmaker in 
consenting to use their name or image for commercial purposes. While 
there is no way to ever express in words the significance of their 
sacrifice, we have a duty to honor and protect their memories and, most 
importantly, their rights.
  No one can dispute that Americans, and particularly Members of this 
body, have fundamental differences over the war in Iraq. All Americans 
certainly have a right to express these views in public, but Americans, 
and particularly our fallen heroes and their families, also have a 
right to protect their names and images from commercial exploitation. 
This amendment accomplishes just that.
  I want to thank Chairman Skelton, our Ranking Member Hunter, as well 
as the Rules Committee for allowing this amendment to come to the 
floor.
  I urge our colleagues to support this nonpartisan legislation.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute to a member of the Armed 
Services Committee, my friend from Oklahoma (Mr. Boren).
  Mr. BOREN. Thank you, Mr. Skelton. I also want to thank our colleague 
from Louisiana (Mr. Boustany) and our ranking member, Mr. Duncan 
Hunter.
  Mr. Chairman, this amendment prohibits the commercial use of our 
troops' names and images without permission.
  The need for this protection was first brought to my attention by 
Judy Vincent, a constituent who lost her son, Marine Corporal Scott 
Vincent, to a suicide bomber in Fallujah in April of 2004. Since that 
time, Judy has found Internet vendors using the name and likeness of 
her son and other fallen soldiers on their merchandise.
  Bills were signed into law in Oklahoma and Louisiana last year to 
address this abuse, but Judy's story made it clear that there were 
hundreds, perhaps thousands of American families out there facing the 
same problem, and only a Federal law will offer the protection that 
they deserve.
  This amendment isn't about financial restitution, stifling debate on 
the war, even putting people in prison. It's about respecting the 
privacy of our soldiers and their families. I urge my colleagues to 
support this amendment.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute to my colleague and 
friend, the gentleman from Pennsylvania (Mr. Altmire).
  Mr. ALTMIRE. Mr. Chairman, ongoing military engagements and extended 
deployments impact not only our troops, but also the families of our 
brave men and women in uniform. Military families are struggling to 
balance everything from their financial obligations to child care 
responsibilities.
  I offer this amendment to address this and provide military families 
with some relief. This amendment allows the immediate family of 
military personnel to use Family Medical Leave Act time for issues 
directly arising from deployment and extended deployments.
  The wife of a recently deployed military servicemember could use the 
Family Medical Leave Act to arrange for child care. The husband of a 
servicemember could use the Family Medical Leave Act to attend 
predeployment briefings and family support sessions.
  The parents of a deployed servicemember could take Family Medical 
Leave Act time to see their raised child off or welcome them back home.
  This amendment does not expand eligibility to employees not already 
covered by the Family Medical Leave Act.
  I urge my colleagues to support this amendment.
  Mr. UDALL of New Mexico. Mr. Chairman, I want to thank Congressman 
Altmire for offering this amendment and also want to thank Chairman 
Miller for his support. Over the past two Congresses I have introduced 
legislation very similar to the language we are now considering, and I 
am very hopeful that it will be included in today's bill.
  For every soldier who is deployed overseas, there is a family back 
home faced with new and challenging hardships. The toll extends beyond 
emotional stress. From raising a child to managing household finances 
to day-to-day events, families have to find the time and resources to 
deal with the absence of a loved one.
  Today's amendment offers a way to help ease this transition. The 
Altmire-Udall amendment would allow spouses, parents or children of 
military personnel to use Family and Medical Leave Act benefits for 
issues related directly to the deployment of a soldier. Current FMLA 
benefits allow individuals to take time off for the birth of a child or 
to care for a family member with a serious illness. The deployment of a 
soldier is no less of a crisis and certainly puts new demands on 
families. We should ensure that the FMLA benefits given in other 
circumstances are provided to our fighting families during their time 
of need.
  The passage of this amendment and its inclusion in the final 
conference report will bring new relief to thousands of families across 
the nation, and it will demonstrate the thanks we owe our brave men and 
women serving overseas.
  Mr. HUNTER. Mr. Chairman, how much time do we have on this?
  The Acting CHAIRMAN. The gentleman from California has 5 remaining

[[Page 12849]]

minutes, and the gentleman from Missouri has 6\1/2\ minutes remaining.
  Mr. HUNTER. Thank you. I just wanted to say that we strongly support 
this amendment on this side. We think it's an excellent amendment. We 
thank both of the authors, the gentleman from Louisiana and the 
gentleman from Oklahoma, for bringing this amendment to us. We support 
it very strongly.
  Mr. Chairman, I yield back the balance of our time.
  Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to my friend and 
colleague, the gentleman from Illinois (Mr. Lipinski).

                              {time}  1930

  Mr. LIPINSKI. Mr. Chairman, I would like to thank Chairman Skelton 
and Ranking Member Hunter for placing this amendment en bloc. It is a 
bipartisan amendment that I offered along with Mr. Inglis, Mr. Markey, 
and Mr. Kirk.
  This amendment simply requires the Department of Defense, where 
feasible, to begin using high-efficiency light bulbs whenever a light 
bulb is installed. Currently, compact fluorescent light bulbs, known as 
CFLs, are the most energy efficient. CFLs use about 75 percent less 
energy than standard bulbs, last 8 to 10 times longer and can save over 
$74 over the lifetime of a single bulb.
  When you consider that the DOD has over 240,000 buildings in the U.S. 
alone, it is clear that this requirement is a practical way to make 
significant progress in lowering energy consumption, reducing 
greenhouse gas emissions, and promoting energy independence while at 
the same time saving millions of taxpayer dollars.
  At a time when we struggle with a new energy plan, this is a rare 
win-win-win opportunity, and I ask for your support.
  Mr. HUNTER. Mr. Chairman, I rise to claim the time in opposition to 
this, although I do not oppose the amendment.
  The Acting CHAIRMAN. Without objection, the gentleman from California 
reclaims the time that he yielded back.
  There was no objection.
  Mr. HUNTER. Thank you, Mr. Chairman. That's exactly what I wanted to 
do.
  I just wanted to get on the record that I support this amendment very 
strongly, the idea of saving energy. I would hope that the gentleman 
would agree that, wherever possible, the energy-saving devices, these 
light bulbs, should be made in the United States. They are paid for 
with Department of Defense funds. The average American worker spends 
over $1,000 a year out of his or her paycheck to support the defense 
function of government, and it is appropriate that American workers be 
allowed to make the new, innovative, energy-saving devices that we are 
using at bases throughout the country.
  I yield to the gentleman to ask him if he wouldn't agree with me 
that, wherever it is practical, that American-made bulbs should be used 
in this replacement program.
  I yield to the gentleman.
  Mr. LIPINSKI. I certainly agree with the gentleman, and I think we 
need to do more to make sure we are enforcing our Buy America 
provisions that we currently have in law, and certainly we need to do 
it here.
  Mr. HUNTER. I thank the gentleman.
  Mr. Chairman, I yield back the balance of my time.
  Mrs. TAUSCHER. Mr. Chairman, I yield 2 minutes to my friend and 
colleague, the gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. I thank the distinguished speaker, 
chairman, and gentlelady from California.
  I rise to offer and to support the en bloc amendments, and to speak 
particularly to amendment No. 23 which regards the emotional and 
financial impact of multiple deployments.
  This amendment is simple. It requires the Secretary of Defense to 
study and report back to Congress the financial and emotional impact of 
multiple deployments on the families of those soldiers who serve 
multiple tours. We all are concerned about our soldiers and, likewise, 
their families.
  In a report by Dr. Hoge, a study indicated that 94 percent of 
soldiers in Iraq reported receiving small arms fire, 86 percent of 
soldiers in Iraq reported knowing someone who has been seriously 
injured or killed, and 68 percent reported seeing dead or seriously 
injured Americans; 51 percent reported handling or uncovering human 
remains; and the majority, 77 percent of soldiers deployed to Iraq, 
reported shooting or directing fire at the enemy. All of this impacts 
their families, and we found anxiety, fatigue, stress, and other 
aspects that impact the wives and children as well.
  The National Military Families have indicated a series of 
recommendations for the Department of Defense. I believe this study 
will help the entire entity of the military make us stronger and 
certainly respond to the needs of our military and their families.
  My amendment No. 24 recognizes that in 1948 the military was 
desegregated; integration had increased the percentage of African 
Americans in the enlisted ranks. We see high numbers of Hispanics and 
Asians and others. This amendment simply acknowledges the existence of 
the ROTC scholarship and asks that there be an outreach to ensure that 
this information be given to Hispanic-serving institutions and African 
American-serving institutions, historically black colleges.
  The importance of this amendment is to ensure the outreach and the 
opportunities for our young people who are placed around the Nation. 
Patriotism is certainly not guided by region or colleges to which you 
go. I ask my colleagues to support these amendments, one to take a 
holistic view of the redeployment and the impact on our families, and, 
two, to outreach to our young people no matter where they attend 
college and where they live for the established ROTC and other military 
scholarships.
  I thank the chairman and ranking member for allowing me to explain my 
amendments to H.R. 1585, the National Defense Authorization Act for 
Fiscal Year 2008. There is no greater champion of our men and women in 
uniform than my good friend Mr. Skelton, the gentleman from Missouri, 
and distinguished chair of the Armed Services Committee. That is why I 
appreciate the chairman's support for my amendments.
  Mr. Chairman, in light of the fact that our Nation is in the midst of 
an ugly war, and in the context of the ongoing fight against terrorism, 
this piece of legislation is probably the most important piece of 
legislation that the 110th Congress will pass. It is in that spirit 
that I offer my amendments today. Each of my amendments plays a vital 
role in ensuring that our courageous troops maintain their status as 
the best in the world. Accordingly my amendments also reinforce the 
message to our troops that they are our most precious resource, and we 
do not take their efforts for granted.


            Amendment No. 24--Scholarships for HBCU students

  This amendment requires the Secretary of Defense to take the 
necessary steps to ensure that Army National Guard and Reserve ROTC 
scholarships are available to students attending historically black 
colleges and universities, and Hispanic serving institutions.
  The military is the American institution that has done more than any 
other to recognize that it does not have a person to waste. It is 
therefore no surprise that the Armed Forces of the United States, which 
were completely segregated 60 years ago and riven by racial strife 30 
years ago during the Vietnam war, is today the finest fighting force in 
the history of the world and enjoys more racial peace, harmony, and 
integration than any other major institution, including higher 
education and organized religion.
  After being desegregated in 1948, by the 1970s, integration had 
increased the percentage of African-Americans in the enlisted ranks, 
but the percentage of minorities comprised less than 3 percent of the 
officer corps and perceptions of discrimination were pervasive. The 
deficiency in the officer corps and the discrimination perceived to be 
its cause led to low morale and heightened racial tension. The danger 
this created was not theoretical. As the Vietnam war continued, the 
Armed Forces suffered racial polarization, severe disciplinary 
problems, and racially motivated incidents in Vietnam and on posts 
around the world. In Vietnam, racial tensions reached a point where 
there was an inability to fight and the lack of minority officers 
substantially exacerbated the problem.
  The absence of minority officers seriously threatened the military's 
ability to function effectively and fulfill its mission to defend the

[[Page 12850]]

Nation. To eliminate that threat, the armed services moved aggressively 
to increase the number of minority officers and to train officers in 
diverse educational environments. The Pentagon set recruitment goals 
for the service academies and the ROTC programs and worked hard to 
expand the pool of highly qualified minority candidates in a variety of 
explicitly race-conscious ways. They also employ race as a factor in 
recruiting and admissions policies and decisions.
  These efforts have substantially increased the percentage of minority 
officers. Today, among active duty officers, 81 percent are white, and 
the remaining 19 percent are minority, including 8.8 percent African-
American, 4 percent Hispanic, 3.2 percent Asian-American, and .6 
percent Native American. The military recognizes that its officer corps 
must continue to be diverse or the cohesiveness essential to the 
military mission will be critically undermined. After all, for people 
who fight wars to preserve the peace, it can be a matter of life and 
death.
  Presently the military, unlike any other industry including corporate 
America and the entertainment industry, offers a realistic opportunity 
for young people of color and women to make career advancements. In an 
industry that truly judges you on merit and not the color of your skin, 
the military is a leader in the practice of diversity.
  This amendment ensures that people of color and women continue their 
great legacy in the greatest military in the world.


     Amendment No. 23--Emotional and Financial Impact of Multiple 
                              Deployments

  This amendment requires the Secretary of Defense to study and report 
back to Congress the financial and emotional impact of multiple 
deployments on the families of those soldiers who serve multiple tours 
overseas.
  Words cannot explain the pain and the sense of pride that some 
families feel when they say good-bye to a loved one. Behind those brave 
smiles, hugs, and kisses is an undying and unnerving uncertainty about 
what can happen to a spouse, child, father, or mother. Depending on the 
extent of that soldier's injury, a family can suffer serious economic 
consequences as a result, not to mention the emotional impact of seeing 
a loved one in that state. Even under the best of circumstances, where 
a soldier serves multiple terms and returns with no major injuries, 
valuable time is lost between a parent and child and between spouses 
that can never be returned.
  The mental health of our soldiers will have a lasting effect on not 
only these soldiers but their families as well. The current conflicts 
in Afghanistan and Iraq are the most continuous combat operations since 
Vietnam. Only one comprehensive study has examined the mental health 
impact of the wars in Afghanistan and Iraq, and that was performed by 
Charles W. Hoge, MD. This study looked at the experience of soldiers in 
the war zone and symptoms of psychological distress. Soldiers in Iraq 
are at risk for being killed or wounded themselves, are likely to have 
witnessed the suffering of others, and may have participated in killing 
or wounding others as part of combat operations. All of these 
activities have a demonstrated association with the development of 
PTSD. Dr. Hoge's study indicated that 94 percent of soldiers in Iraq 
reported receiving small-arms fire. In addition, 86 percent of soldiers 
in Iraq reported knowing someone who was seriously injured or killed, 
68 percent reported seeing dead or seriously injured Americans, and 51 
percent reported handling or uncovering human remains. The majority, 77 
percent, of soldiers deployed to Iraq reported shooting or directing 
fire at the enemy, 48 percent reported being responsible for the death 
of an enemy combatant, and 28 percent reported being responsible for 
the death of a noncombatant. Despite the extensive training and 
resilience that our soldiers are known for they are still human, and 
these traumatic events will have an impact on their lives.
  As my colleague from Arizona, Gabrielle Giffords, mentioned this 
morning, one in five soldiers is suffering from depression, anxiety or 
stress. Likewise 20 percent face marital problems including divorce or 
legal separation from their spouse.
  Military families need greater psychological, emotional, and 
organizational assistance according to the results of a new survey 
released March 28 of this year by the National Military Family 
Association, NMFA.
  The study, ``Cycles of Deployment Report,'' which focused on the 
needs of military families, shows service members and military families 
are experiencing increased levels of anxiety, fatigue, and stress. In 
response, NMFA outlined recommendations for meeting these challenges 
amid multiple and extended deployments, increased rates at which 
service members are called upon for service, and the heavy reliance on 
National Guard and Reserve forces.
  This report clearly shows the range of support programs for families 
has expanded since the start of the war on terror. However, multiple 
deployments and a high operations tempo mean different types of support 
are needed for families' continued success before, during, and after 
deployment. The survey results provide the Department of Defense a 
detailed roadmap for making sure families are taken care of during this 
important time.
  Let me share with you some of the key findings from this study about 
the impact of deployment includes.
  Almost half of respondents reported they have used or would use 
counseling services such as anger management classes and family 
counseling. Three quarters of those who stated they were better able to 
deal with subsequent deployments found counseling services to be 
helpful.
  Two-thirds of military families surveyed did not have contact with 
their unit or unit network volunteer during the critical pre-deployment 
stage.
  Less than one-half reported a consistent level of family support 
through the pre-deployment, deployment, and post-deployment phases. 
Seventeen percent reported no support was available.
  Many respondents are concerned that volunteers who help families 
adjust to life during deployment and what to expect after the reunion 
are becoming fatigued and subject to ``burn-out.'' They stated that the 
leaders of unit family groups should be paid or have paid professional 
support personnel assigned.
  Military family members with civilian jobs face pressure to avoid 
taking time off before, during, or after deployment. Sixty percent of 
military spouses are employed outside the home and many have either 
quit their jobs or are considering it.
  Military families are worried about how the reunion will go with 
their deployed family member even as they are worrying about their 
service member's safety in the field. Unfortunately, many families are 
not taking advantage of specific return and reunion briefings and 
activities.
  Many respondents expressed that when entering a second or third 
deployment, they carry unresolved anxieties and expectations from the 
last deployments. While they may have gained knowledge of resources 
available to them, respondents whose service member deployed multiple 
times reported being more fatigued and increasingly concerned about 
their family relationships.
  Although challenged by the demands of deployment, families noted they 
are proud of their service member and their service to our country. 
They understand that family support is primarily their personal 
responsibility, but they expect ``The Military'' to provide support as 
well.


      RECOMMENDATIONS TO DEAL WITH STRESS OF MULTIPLE DEPLOYMENTS

  The National Military Families Association has developed a series of 
recommendations for how the Department of Defense, DOD, can better 
train and support military staff and civilian volunteers to assist 
military families. Let me discuss some of them.
  Expand program and information outreach. Create formats for families 
to access support services and maintain touch with their commands and 
unit family group that live too far from either the unit or from other 
military families.
  Assist families in developing realistic expectations, and then meet 
them. Educate military families about what to expect before, during, 
and after deployments.
  Direct more resources to support family volunteers. Increase the 
level of resources and paid professionals, both counselors and 
administrative, to support the logistics of family support and 
conducting family readiness activities.
  Address return and reunion challenges throughout the deployment 
cycle. Help with the reintegration of a service member with the family 
after deployment.
  Recognize that family time is important. Encourage service leaders to 
give family time a higher priority when planning operational 
activities, especially for service members who have only been back from 
deployment for a few months.
  Continue deployment briefings throughout the year. Never assume 
families have all the information they need. Ongoing deployment 
briefings can especially help new spouses or the parents of new 
recruits. Experienced family members also may find new challenges 
during a subsequent deployment or find the accumulated stress from 
multiple deployments creates the need for re-engagement with the family 
readiness/support group or for accessing different support personnel.
  By requiring the Secretary of Defense to conduct this study we are 
taking a crucial step

[[Page 12851]]

in ensuring that future troops are adequately taken care of physically, 
mentally, and emotionally.
  Allow me to conclude by stating that I rise in strong support of the 
underlying legislation H.R. 1585. This legislation addresses several 
critical issues such as troop readiness, troop safety, troop family 
needs, and a comprehensive internal review of the Department of 
Defense.
  With regards to troop readiness this bill authorizes $1 billion for 
the Strategic Readiness Fund to fix equipment shortfalls, $1 billion to 
provide the National Guard and Reserves equipment from their unfunded 
requirements list, $250 million to improve training, and the 
establishment of a Defense Readiness Production Board to mobilize the 
defense industrial base to speed up the production of military 
equipment.
  With regards to troop safety this bill provides $1.2 billion for body 
armor, $2.5 billion for up-armored humvees, $1.2 billion for vehicle 
add-on armor, $509.7 million for the Armored Security Vehicle, ASV, and 
requires comprehensive testing of all helmet pad systems.
  With regards to meeting the needs of the families of our troops this 
bill authorizes a 3.5 percent across-the-board pay raise for all 
service members. This bill restores approximately 490 medical personnel 
positions and recommends the establishment of a Military Mental Health 
Initiative that would coordinate all mental health research and 
development for the Department. Also this bill directs the 
establishment of a Traumatic Brain Injury Initiative to provide the 
opportunity for emerging technologies and treatments to compete for 
funding.
  Finally this bill requires a much needed internal review of the 
Department of Defense. This bill requires a review of the roles and 
missions of the Department of Defense every 4 years; identifies the 
core competencies of the military departments, the Office of the 
Secretary of Defense, each defense agency, and each defense field 
activity; directs a review of the capabilities that each of the 
military departments, the Office of the Secretary of Defense, each 
defense agency, and each defense field activity is maintaining or 
developing; and requires the Joint Requirements Oversight Council, 
JROC, to organize its review of requirements according to the core 
mission areas, provide the military services with clear guidance on the 
priority assigned to each requirement, and make clear the expected 
resources allocated to fulfill each requirement.


          Notice to Alter Order of Consideration of Amendments

  Mrs. TAUSCHER. Mr. Chairman, pursuant to section 3 and 4 of House 
Resolution 403, and as the designee of the chairman of the Committee on 
Armed Services, I request that during further consideration of H.R. 
1585 in the Committee of the Whole, and following consideration of 
amendment 49, the following amendments be considered in the following 
order: Amendment No. 30; amendment No. 11; amendment No. 31; amendment 
No. 41; amendment No. 15; amendment No. 42; amendment No. 43; en bloc 
No. 3.
  Mr. Chairman, it is my pleasure to yield 3 minutes to my friend and 
colleague, the gentleman from New Jersey (Mr. Andrews).
  Mr. ANDREWS. Mr. Chairman, I thank my friend for yielding, and I rise 
in strong support of the amendment offered by my friend and neighbor 
from New Jersey (Mr. Saxton), and I thank him for his decisive and 
quick action in dealing with the problem of protecting our 
servicemembers and employees and visitors to our military bases. I am 
proud to join with him in this amendment.
  At this time, I yield to the gentlewoman from Arizona for the purpose 
of a colloquy.
  Ms. GIFFORDS. I thank the gentleman.
  I rise today to raise serious concerns about the amendment to H.R. 
1585 that would require background checks for all civilians entering 
military installations.
  I certainly appreciate the need to secure our installations, 
especially considering the recent events in your home State of New 
Jersey. But I would like to bring a unique situation to your attention.
  My southern Arizona district is home to Fort Huachuca, a critical 
national asset that is home to Army Intelligence and Electronic Testing 
and was recently designated the Joint Center of Excellence for Human 
Intelligence Training.
  Fort Huachuca occupies over 73,000 acres of rugged desert terrain. 
The geography of the area forces the citizens of Elgin and Canelo, 
along with the surrounding communities, to rely on access through the 
fort to get to their ranches and homes. This amendment would cause 
significant hardship to the surrounding community that has had access 
to the installation for decades. I believe that this is not a unique 
situation, and there may be other circumstances where the restrictions 
placed on military installations could be onerous.
  Mr. ANDREWS. I thank the gentlewoman for raising this important 
issue. I assure the gentlelady that I recognize her concerns about the 
specific military installation in her district and do not want this 
legislation to cause hardship on its surrounding communities.
  Ms. GIFFORDS. I would like to ask that the gentleman work with me to 
address the unique circumstances of the Army installations in southern 
Arizona.
  Mr. ANDREWS. I am aware of the extraordinary burden that this 
requirement could impose on residents of rural and remote areas of 
southern Arizona. I look forward to working with the gentlelady to find 
an appropriate accommodation.
  Ms. GIFFORDS. I thank the gentleman for his support.
  Mr. ANDREWS. Reclaiming my time, I again thank Mr. Skelton, Mr. 
Hunter, and Mr. Saxton for this, I think, excellent effort to improve 
upon a very real problem that we saw in acute relief last week in New 
Jersey. I would urge adoption of the amendment.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, my amendment to extend for 3 
years the Information Technology Exchange Program--also known as the 
Digital Tech Corps--has been included in this en bloc amendment, and I 
thank the Chairman and Ranking Member for accepting this amendment.
  In 2002, I included language in the Electronic Government Act of 2002 
creating the Digital Tech Corps program.
  The program gives mid-level federal IT managers the opportunity for 
intensive, on-the-job training in how the private sector manages 
complex IT projects. Too many complex federal IT procurements fail 
because of improper management. The Tech Corps gives employees insight 
and experience in how the best companies in the world are successfully 
managing IT so they can bring this knowledge back to government.
  The Tech Corps works in reverse as well, giving private sector IT 
employees the opportunity to volunteer for rewarding public service. In 
tackling some of the world's toughest IT problems, they can return to 
their companies understanding the challenges facing the world's largest 
employer.
  The Tech Corps program is a relatively new vision for public service 
in this century, enabling broader public-private sector exchanges of 
talented IT professionals. It builds on the successes of other 
successful personnel exchanges, such as the 1970 Intergovernmental 
Personnel Act (IPA).
  All Tech Corps participants must adhere to strict federal employee 
ethics rules, and they must abide by the laws and rules of the agency 
and Federal Government. Participants do not receive any special 
privileges, pay, or incentives--all participants retain pay and 
benefits from their respective employers while participating in the 
program.
  The Electronic Government Act of 2002 required the Office of 
Personnel Management to issue guidance for agencies engaging in the 
Tech Corps program. Agencies had 5 years from the date of enactment in 
December 2002 to implement the program. OPM issued its guidance in 
2005, making it difficult for agencies to receive the full benefits of 
implementing the program.
  Since the issuance of OPM's guidelines in 2005 and the approval of 
DOD's Tech Corps policy in 2006, the agency has worked aggressively to 
get its Tech Corps program off the ground. Nearly a dozen DOD 
components have expressed interest in participating in the program.
  My amendment would extend the authorization period of the Information 
Technology Exchange Program (ITEP) by 3 years for the Department of 
Defense (DOD) so it can achieve the intended benefits of the program.
  In particular, the benefits of the Tech Corps program include: (1) 
Participants learn new job skills; (2) the private sector employees can 
learn about government procedures and processes; (3) the public and 
private sectors can

[[Page 12852]]

share best practices; (4) participating organizations are infused with 
new ideas; and (5) participants gain perspective from others, improve 
personal competencies and skills, and close skill gaps within the 
government organizations.
  I urge my colleagues to support this amendment.
  I also express my support for language included in this en bloc 
amendment offered by my colleague, Mr. Moran, which would require that 
the transportation infrastructure necessary to accommodate the large 
influx of military personnel and civilian employees to be assigned to 
Fort Belvoir, VA, as part of the BRAC realignment of the installation, 
be substantially completed before the relocation of these employees.
  The 2005 BRAC Commission recommended relocating 22,000 Department of 
Defense personnel to Fort Belvoir by 2011. That is a workforce equal to 
that of the Pentagon. Due to the magnitude of the BRAC realignment, the 
existing congestion in the Springfield area, and the potential impact 
on the surrounding community--and indeed all of Northern Virginia--BRAC 
implementation has to be done right.
  I voted against the BRAC recommendations for several reasons, 
including my belief DoD had not adequately considered the ramifications 
of transferring 22,000 new personnel to Fort Belvoir within a 6-year 
timeframe.
  Since the recommendations were approved, I have worked diligently 
with my colleagues to ensure the Army is sensitive to the concerns of 
my constituents and devotes adequate time and resources to mitigate the 
impact of BRAC to the extent possible.
  I would like to commend my colleague for this amendment, because it 
gets to the heart of the matter: it ensures the necessary 
transportation infrastructure will be in place before personnel begin 
to relocate to Fort Belvoir. This only makes sense.
  Without sufficient infrastructure, daily commutes could last for 
hours. In fact, it might simply be impossible for DoD personnel to even 
get to and from work, thereby preventing agencies from being able to 
accomplish their missions. It surely would mark a drastic reduction in 
quality of life for those employees stuck in what could be a traffic 
nightmare, and I would submit could easily lead to significant 
turnover.
  I would also like to take this opportunity to thank Chairman Skelton 
and Ranking Member Hunter for including language in the bill to require 
the Army and GSA to work out an agreement to allow the Army to use the 
GSA warehouse property in Springfield. This facility is located 
adjacent to an existing Metro and Virginia Railway Express station, yet 
it currently is used for warehouse space. I have long thought this 
federal property could be put to much better use than warehouses. With 
this language, we will put this property to much better use, promote 
transit options, and take cars off the road. Again, I am most grateful 
this provision has been included.
  In closing, I would like to thank Mr. Moran for this amendment and 
for his continued hard work on behalf of Northern Virginians. I urge my 
colleagues to support this language and the en bloc amendment.
  Mr. SMITH of New Jersey. Mr. Chairman, after scouting possible 
targets in New Jersey and Pennsylvania, the six members of a terrorist 
cell arrested in New Jersey last week chose to attack Fort Dix due to 
the access one member had to that installation. As a pizza delivery 
man, he was able to get on the base, survey the infrastructure and 
personnel, draw maps, and determine the best locations for the highest 
kill rate.
  If not for a citizen's tip and a thorough and aggressive law 
enforcement team led by U.S. Attorney Chris Christie, who through a 16-
month surveillance effort dotted every ``i'' and crossed every ``t,'' 
terrorists could have infiltrated the base with the sole intent of 
killing as many people as possible.
  Mr. Chairman, my South Jersey colleagues and I have been arguing for 
years that easy civilian access to our military bases--across the 
Nation--could leave them vulnerable to those wishing to do us harm.
  In 2004, we passed a modified version of my bill, the Military Bases 
Security Act, H.R. 3695, and mandated a pilot program in which the 
Department of Defense could test and increase the vetting of civilians 
who worked on our bases as employees of private contractors. Because 
the greatest vulnerability exists when contractors are brought in to 
complete major construction and facility maintenance jobs, my bill also 
instructed DOD to use the pilot program to test and implement the best 
value contracting process instead of the lowest bidder process.
  In the best value process, contractors are given points for their 
staffing plans and employee training programs--two effective means for 
vetting and eliminating unqualified and even undocumented workers from 
construction jobs. The thought is that by rewarding contractors who 
vet, train, and hire experienced workers, another layer of protection 
would be put in place as we attempt to secure our bases.
  Regrettably, DOD has yet to issue its final analysis on the pilot 
program and an interim report indicates that their implementation of 
the program has been feckless at best. And despite the insistence by 
the Department of Defense that they are doing everything possible to 
ensure our bases are employing qualified and legal workers, we 
consistently learn of Immigration and Customs Enforcement personnel 
arresting dozens of illegal aliens ``working'' on military bases around 
the country. In January of this year, the International Herald Tribune 
ran a story that stated nearly 40 illegal aliens were arrested on 
military installations in Georgia, Virginia and Nevada. And one 
arrested in Nevada was a member of MS-13, one of the most dangerous 
gangs in the U.S.
  I remain convinced that through best value contracting we can and 
will do a better job of ensuring that those who obtain contracts on our 
bases are employing legal and qualified workers. And I am committed to 
ensuring that DOD gives more than lip service to the pilot program and 
its provisions to vet unqualified workers and attain the best 
workmanship and better security at our bases.
  The amendment offered today by my colleague Jim Saxton also seeks to 
vet civilians who enter or conduct business on our bases. Specifically, 
the Saxton amendment, which is part of an en bloc amendment, requires 
FBI criminal background checks and clearance from the Department of 
Homeland Security for any ``unescorted civilian seeking access to a 
military installation or facility or any civilian who is an employee of 
a contractor or vendor of a military installation.'' Without the 
background check, these civilians will be blocked from entering a base.
  Mr. Chairman, we cannot hermetically seal our military bases--many of 
which have great activities for the general public--but we can and must 
make every effort to provide greater protection. The Saxton amendment 
is another positive step in this direction and I urge my colleagues to 
support it.
  Mrs. TAUSCHER. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendments en bloc 
offered by the gentleman from Missouri (Mr. Skelton).
  The amendments en bloc were agreed to.


                 Amendment No. 20 Offered by Mr. Stupak

  The Acting CHAIRMAN. It is now in order to consider amendment No. 20 
printed in House Report 110-151.
  Mr. STUPAK. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 20 offered by Mr. Stupak:
       At the end of title XIV, add the following new section:

     SEC. 1454. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS OF 
                   THE ARMED FORCES AND CERTAIN OTHER PERSONS.

       (a) Short Title.--This section may be cited as the 
     ``Sergeant First Class James Priestap and Private First Class 
     Alan Blohm Fallen Servicemember Respectful Return Act''.
       (b) Findings.--Congress makes the following findings:
       (1) Members of the Armed Forces who die under the 
     circumstances described in section 1481 of title 10, United 
     States Code, have made the ultimate sacrifice for the United 
     States, and their remains should be treated with the utmost 
     reverence and respect.
       (2) The family and friends of a deceased member of the 
     Armed Forces should be able to greet the remains of their 
     loved one at an airport near the place designated for the 
     disposition of the remains and provide for the burial of 
     their loved one with proper honors and without undue delay or 
     complication.
       (3) Rural areas are frequently served by smaller regional 
     airports and are often a significant distance from a major 
     airport, and the practice of the Department of Defense to 
     finish the aircraft portion of the transportation of the 
     remains of a deceased member of the Armed Forces at a major 
     airport imposes undue burdens on the family and friends of 
     the deceased member.
       (c) 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

[[Page 12853]]

     the remains by air to the commercial, general aviation, or 
     military airport nearest to the place selected by the 
     designee.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman 
from Michigan (Mr. Stupak) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Michigan.


         Modification to Amendment No. 20 Offered by Mr. Stupak

  Mr. STUPAK. Mr. Chairman, first I ask unanimous consent to modify my 
amendment by striking the sections entitled ``short title'' and 
``findings.''
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  The Acting CHAIRMAN. The amendment is modified.
  The text of the amendment, as modified, is as follows:

       At the end of title XIV, add the following new section:

     SEC. 1454. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS OF 
                   THE ARMED FORCES AND CERTAIN OTHER PERSONS.

       (c) 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.''.

  Mr. STUPAK. Mr. Chairman, communities across our Nation have felt the 
effects of the ongoing wars in Iraq and Afghanistan, but rural 
communities have been hit especially hard. A recent Associated Press 
story reported that nearly half the casualties in Iraq have come from 
towns of fewer than 25,000 people, and one in five come from towns of 
5,000 or less. Rural States have had some of the highest per capita 
loss rates.
  I have certainly seen this in my own district. Each loss from a small 
town affects not only the family but the entire community. In light of 
these facts, we need to make sure that we are taking care of all the 
families who have lost loved ones in military service, whether those 
families live in cities or in small rural communities.
  In the past year, I have encountered several disturbing cases in my 
own district in which families had to fight to have the remains of 
their loved one flown to an airport near the intended place of burial. 
The military advised the families that the bodies of their loved one 
would be flown to the nearest major urban airport, which in some cases, 
as in my district, are hundreds of miles away.
  In order to meet the remains at the airport, one of the families 
would have been required to drive over 4 hours each way through a 
snowstorm. There is no reason to impose these kinds of burdens on a 
family that has already made the ultimate sacrifice. This kind of 
treatment is disrespectful and unfair. Families should not have to 
bargain with the military in order to have the remains of their loved 
ones flown to a location where they can meet their fallen hero.
  In many cases, veterans organizations and other community groups want 
to show their respect when a fallen soldier arrives at an airport. We 
should encourage these demonstrations of respect, instead of 
discouraging them by forcing community members to drive to urban 
airports hours away from home.
  Last year, as part of the fiscal year 2007 Defense authorization, the 
House passed a similar provision that would have required the military 
to fly the remains of a fallen soldier to the military airfield nearest 
the place of burial. Unfortunately, this provision was not included in 
the final conference version of the bill; however, I think it was a 
good provision, and Members of the House were right to support it.
  My amendment would provide greater flexibility. It would require 
that, whenever possible, the Department of Defense fly the remains to 
the nearest military or civilian airport. The amendment would allow the 
military to use any of the numerous small airports that exist in rural 
districts, so long as the remains are delivered to a place that is 
acceptable to the family of the fallen soldier.
  Mr. Chairman, the problems I speak of are not only in my district, 
but we have seen reports from New York to California where this has 
occurred in the smaller rural districts.
  As Americans, we owe a tremendous debt to those families who have 
given up a loved one in war to protect our freedom. This amendment will 
eliminate an unfair situation that those families have faced and will 
help to show our respect and gratitude for the sacrifice they have 
made.
  I ask Members to support my amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HUNTER. Mr. Chairman, although I don't oppose the amendment, I 
ask unanimous consent to claim the time.
  The Acting CHAIRMAN. Without objection, the gentleman from California 
is recognized for 5 minutes.
  There was no objection.
  Mr. HUNTER. Thank you, Mr. Chairman.
  I want to thank the gentleman for his amendment. I think it is 
absolutely appropriate. We support it.
  Mr. Chairman, this is the provision that we put into the law last 
year when we saw that American fallen service personnel were being 
transported in what we thought was a less than dignified manner and 
escorted in a less than dignified manner to their final resting places.
  Of course, I went to the Department of Defense initially and had them 
involved in discussions with the committee with respect to effecting 
informally a policy that would have dedicated aircraft and would have a 
dedicated honor guard and military escort that would complete the 
transport of fallen American service personnel from Dover to their 
final resting places. We couldn't work something out, so we ended up 
putting that in law, and having the full support of the other body, 
that, indeed, is the practice.
  I have been around the country now to various places where American 
heroes have come home, and there has been an outpouring of gratitude 
from a number of communities and families that in fact the system is 
working well now with dedicated military aircraft, with the appropriate 
honor guard escorting the fallen American heroes, and the families now 
feel much better about the process.

                              {time}  1945

  Now, I would hope that, in practice, the U.S. military is not, as a 
rule, taking people to a home of record when in fact their final 
resting place may be hundreds of miles away, but I understand that the 
gentleman has two cases where that, in fact, would have taken place if 
they hadn't made contact with the DOD and the DOD hadn't sorted that 
out.
  And so I think this is absolutely appropriate to put into statute 
what, essentially, they've been doing, as I understand, as a matter of 
practice in carrying out the mandate that we gave them last year with 
the new law that came from this committee.
  So I support the gentleman. I thank him for offering this amendment, 
and we certainly support it on this side.
  Mr. Chairman, I yield back.
  Mr. STUPAK. Mr. Chairman, I appreciate the words of the ranking 
member, Mr. Hunter. The difference between what I'm doing here tonight 
and an amendment we did last year, last year was the closest military 
airfield. There are no military airfields in my district. My district 
is 600 miles from one end to the other, and when they want to bring the 
remains of our soldiers to Detroit or Milwaukee, it is 4, 5, 6 hours 
for people, for my constituents to go to greet this fallen hero back on 
U.S. soil. And you have your local groups, your American Legions, your 
veterans who'd like to welcome that fallen soldier back home, but to 
drive 4, 5, 6 hours, and one we had last winter was through a terrible 
snowstorm.
  We have had to intervene. We have worked with DOD and others, and

[[Page 12854]]

they've been pretty good about trying to accommodate everyone. We 
realize it's hard and it's difficult.
  So the only difference is this amendment goes a little farther, not 
just military airfield but civilian airfields. We have plenty of 
civilian airfields throughout my district and rural America that can 
accommodate the planes necessary to bring home our fallen soldiers.
  So I would like to thank Mr. Skelton, Mrs. Tauscher, Mr. Hunter and 
Mr. Saxton for their help and support. This is an amendment that we're 
glad we can do to honor those service men and women and also their 
families and the local communities when they've fallen in service in 
honor to their country.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Michigan (Mr. Stupak), as modified.
  The amendment, as modified, was agreed to.


                 Amendment No. 49 Offered by Mr. Carney

  The Acting CHAIRMAN. It is now in order to consider amendment No. 49 
printed in House Report 110-151.
  Mr. CARNEY. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 49 offered by Mr. Carney:
       At the end of subtitle C of title V, add the following new 
     section:

     SEC. 528. SENSE OF CONGRESS WITH RESPECT TO EXTENSION OF TIME 
                   LIMITATION FOR USE OF ENTITLEMENT TO EDUCATION 
                   BENEFITS BY MEMBERS OF SELECTED RESERVE AND 
                   MEMBERS OF RESERVE COMPONENT SUPPORTING 
                   CONTINGENCY OPERATIONS.

       It is the sense of Congress that the time limitation for 
     the use of entitlement to educational assistance under each 
     of subchapters I and II of chapter 33 of title 38, United 
     States Code, should be extended to allow an individual 
     entitled to such assistance to use that individual's 
     entitlement during the ten-year period beginning on the date 
     on which the individual is separated from the Ready Reserve 
     or the Selected Reserve of the Ready Reserve, as the case may 
     be.

  The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman 
from Pennsylvania (Mr. Carney) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. CARNEY. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, I am here today in support of our Nation's veterans. As 
a lieutenant commander in the Navy Reserve, I know how important our 
veterans are. I know how critical our National Guard and Reserve are to 
the Nation's security.
  The Montgomery GI bill has provided education to many of our Nation's 
fine and honorable men and women. After World War II, the GI bill was 
signed into law and paved the way for many returning soldiers to attain 
their degrees. In fact, my father earned both his bachelor's and his 
master's degrees using the GI bill.
  However, for our National Guard and Reserve, this is not the case. 
There's a provision which excludes our National Guard and Reserve from 
receiving their GI bill after they have left the military.
  This amendment, which I am proud to introduce, will express the sense 
of Congress that we need to lengthen the period of time that Guard and 
Reserve members have to take advantage of the GI bill. Once they return 
home they would have up to 10 years to complete their education.
  We owe it to our National Guard and Reserve members to have this 
time. They are very busy in war right now, and they are having a 
difficult time completing their degrees. How can we expect them to 
fight the battles and simultaneously pursue a degree?
  Many of us know someone who's in the National Guard or Reserve and 
they're playing an ever increasing role in combat operations. We salute 
their service, and offering them the additional time to obtain their 
educational goals is a benefit that we should show them that we do 
appreciate all their efforts.
  Now, we must think of the future of our Armed Forces. It really has 
saddened me to learn that the National Guard and Reserves has missed 
the recruitment goals for both 2005 and 2006. We know that the military 
does provide immense benefits to those that sign up, but it cuts off 
the Guard and Reserve when it comes to educational benefits. What 
better way to ensure our military remains an all volunteer force by 
encouraging more people to join?
  Taking care of our troops and making education affordable are two of 
my top priorities in Congress. As a former professor at Penn State, I 
understand the value of an education, and believe that an educated work 
force is a better work force for all America. Extending the education 
benefit to our National Guard and Reserves will do just that.
  Our troops are serving their country honorably, and the Guard and 
Reserve should have access to the higher education when they are 
finished. We owe it to our troops and to our families back home.
  I urge all Members of Congress who care about our troops and the 
military families to vote in favor of this amendment.
  I'd like to thank Chairman Skelton for his work on this issue. He is 
truly a champion for our veterans and our military families.
  Mr. Chairman, I yield back.
  Mr. HUNTER. Mr. Chairman, we support this amendment and think it will 
be very useful, and thank the gentleman for offering such an 
outstanding amendment, and we support it.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Carney).
  The amendment was agreed to.


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments on which further proceedings were 
postponed, in the following order:
  Amendment No. 8 by Mr. Andrews of New Jersey
  Amendment No. 14 by Mr. DeFazio of Oregon
  Amendment No. 21 by Ms. Woolsey of California
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment No. 8 Offered by Mr Andrews

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from New Jersey 
(Mr. Andrews) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 202, 
noes 216, not voting 19, as follows:

                             [Roll No. 364]

                               AYES--202

     Abercrombie
     Allen
     Andrews
     Arcuri
     Baca
     Baldwin
     Bartlett (MD)
     Becerra
     Berman
     Berry
     Bishop (NY)
     Blumenauer
     Bordallo
     Boswell
     Boucher
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)

[[Page 12855]]


     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Spratt
     Stark
     Stupak
     Sutton
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--216

     Ackerman
     Aderholt
     Akin
     Alexander
     Altmire
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Barton (TX)
     Bean
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Boyd (FL)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Cramer
     Crenshaw
     Cuellar
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly
     Doolittle
     Drake
     Dreier
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hobson
     Hoekstra
     Holden
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     Melancon
     Mica
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Rothman
     Royce
     Ryan (WI)
     Salazar
     Sali
     Saxton
     Schmidt
     Schwartz
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Sullivan
     Tancredo
     Tanner
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--19

     Baird
     Bishop (UT)
     Christensen
     Cubin
     Culberson
     Davis, Jo Ann
     Engel
     Faleomavaega
     Hinojosa
     Israel
     Jones (OH)
     McCaul (TX)
     McMorris Rodgers
     Miller (FL)
     Nadler
     Pickering
     Shays
     Solis
     Wynn


                  Announcement By the Acting Chairman

  The Acting CHAIRMAN. Members are advised there are 2 minutes 
remaining on this vote.

                              {time}  2020

  Mr. ROTHMAN and Mr. BISHOP of Georgia changed their vote from ``aye'' 
to ``no.''
  Messrs. MOLLOHAN, RUSH and BARTLETT of Maryland changed their vote 
from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                Amendment No. 14 Offered by Mr. DeFazio

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Oregon 
(Mr. DeFazio) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 136, 
noes 288, not voting 13, as follows:

                             [Roll No. 365]

                               AYES--136

     Abercrombie
     Allen
     Arcuri
     Baldwin
     Becerra
     Berry
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Brady (PA)
     Braley (IA)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carson
     Chandler
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Conyers
     Costello
     Courtney
     Cummings
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     Dingell
     Doggett
     Doyle
     Duncan
     Ehlers
     Ellison
     Eshoo
     Farr
     Fattah
     Filner
     Frank (MA)
     Garrett (NJ)
     Gilchrest
     Gillibrand
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Hinchey
     Hirono
     Holt
     Honda
     Hooley
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Kagen
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kucinich
     Langevin
     Larson (CT)
     Lee
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lynch
     Maloney (NY)
     Markey
     Matsui
     McCollum (MN)
     McDermott
     McGovern
     McNerney
     McNulty
     Meehan
     Meeks (NY)
     Michaud
     Miller, George
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Peterson (MN)
     Price (NC)
     Rahall
     Rangel
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Schakowsky
     Schwartz
     Scott (VA)
     Serrano
     Sires
     Slaughter
     Solis
     Stark
     Stupak
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Welch (VT)
     Woolsey
     Wu
     Yarmuth

                               NOES--288

     Ackerman
     Aderholt
     Akin
     Alexander
     Altmire
     Andrews
     Baca
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Cardoza
     Carney
     Carter
     Castle
     Castor
     Chabot
     Coble
     Cohen
     Cole (OK)
     Conaway
     Cooper
     Costa
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Davis (AL)
     Davis (CA)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Donnelly
     Doolittle
     Drake
     Dreier
     Edwards
     Ellsworth
     Emanuel
     Emerson
     English (PA)
     Etheridge
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gerlach
     Giffords
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Hall (TX)
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinojosa
     Hobson
     Hodes
     Hoekstra
     Holden
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Israel
     Issa
     Jefferson
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jordan
     Kanjorski
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lowey
     Lucas
     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     Meek (FL)
     Melancon
     Mica
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Ortiz
     Pearce
     Pence
     Perlmutter
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam

[[Page 12856]]


     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ruppersberger
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schiff
     Schmidt
     Scott (GA)
     Sensenbrenner
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stearns
     Sullivan
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Udall (CO)
     Van Hollen
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waxman
     Weiner
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--13

     Baird
     Bishop (UT)
     Cubin
     Culberson
     Davis, Jo Ann
     Engel
     Faleomavaega
     Jones (OH)
     McMorris Rodgers
     Miller (FL)
     Nadler
     Shays
     Wynn


                  Announcement By the Acting Chairman

  The Acting CHAIRMAN. Members are advised there are 2 minutes 
remaining on this vote.

                              {time}  2029

  Mr. HINOJOSA and Mr. COHEN changed their vote from ``aye'' to ``no.''
  Mr. CUMMINGS changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Mr. HOYER. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Capuano) having assumed the chair, Mr. Pastor, Acting Chairman of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 1585) to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, to prescribe military personnel strengths 
for fiscal year 2008, and for other purposes, had come to no resolution 
thereon.

                          ____________________